The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1928-02-17

lished the resolutions, thus concealing
the nature of the charges made
against Clements, and adding to this
straw-man bogey, charging the
Butte attorneys with complaining of
the lack of "lump sum settlements"
Even the Butte Miner failed to pub
lish the resolutions, indicating that its
declared hostility to A. C. M. politi-
clans is overshadOwed by its economic
position as an employer of labor.
Before the Governor
At the hearing, held in the execu-
tive office at Helena on the morning
of February Z, Lowndes Maury and
Harlow Pease two members of COM
mittee of three appointed by the Sill
yer Bow Bar Association, the third
member, J. ]. Bourquin, being absent
owing to sickness, the first stage was
the reading by Mr.. Maury Of the res
olutions. At the conclusion of the
reading, Chairman Clements, who
with members Porter and Bowman of
the board, was present, jumped to l
feet without allowing Mr.. Maury 4
proceed to address the Cover y
plunged into raving talk, accu
the attorneys appearing of being :
sole authors of the proceeding, /4n-
ticularly Mr.. Maury, and asserting
that the only grievance they had was
the refusal of the board to grant lump
, sum settlements so that they could ac-
quire large fees. After this Interrupt
tion the committee was allowed to
proceed with the presentation of its
case,
Maury Gives Facts
Mr.. Maury spoke to the governor
at some length on the subjects dealt
with in the resolutions, particularly
the tactics employed in cases arising
in the Butte mining district, citing
numerous cases of disregard for the
law and its construction by the state
supreme court. He was mcessantly
interrupted by Chairman Clements
who interjected denials and repeated
his accusations in a seeming effort
to confuse the speaker. The cover.
nor placidly listened to the disorderly
conduct of the accused official, anC
was throughout the entire hearing the
most silent person in the room.
Mr.. Maury charged that Clements
alone is the Industrial Accident BoarC
the other two members, State Audi
tor Porter and Commissioner of Ag
riculture Bowman, being mere rubber
stamps. Both of these persons, VIII,
were present, admitted that they nev
er read the evidence or the briefs il
compensation cases, but merely signe
the orders prepared by Chairman
. Clements.
Charges Delay
The speaker further charged tha
in numerous cases decisions were dc
layed for months, in violation of
section of the law which requires de
: cisions to be made within thirty day.
This caused an Outburst of interruI
tlons from Clements, who explaine
various reasons why he had delaye
decisions, but did not deny the fac
He admitted delaying one case frol
July to December. Attention was a
so called to the fact that two Wit;
decisions of the supreme court wei
,o constantly disregarded by the board
. decisions, in defiance of that cOul
and in obedience to the Operatin
O. mining companies wishes. Thes
IL cases were Dosen V. East Butte Coz
IL per Co. and Nicholson V. Roundu
&C Coal Co. The first held that in case
lu' of lump sum awards, all payment
Up made during the "healing period
er must not be deducted from the fin;
no award. 1t has been the common pra
TX tice of the board, both before and fo
lowing that decision, to make thes
deductions, and instances were cite
of such practices. The NicholsC
case decided that where there are Sc
sc eral causes of death, one being Il
conditions of the employment, cor
; pensation is not to be denied becaui
l. the killed or injured workman had
E. weakness or disease which hastent
a the result. Instances were given
the disregard of this ruling of Il
le highest state court, to which the a
N cused chairman made no response e
r cept to repeat his talk about lawyer
fees being at the bottom of it all.
ne This brought some pointed rotor
Ter, from both Maury and Pease, who 7
called to the governor that the el
ly ploying companies are always repr
ry sented by high-priced lawyers, as W,
lie as doctors, and inquired why L
r. Chairman of the Board was
h anxious to have claimants for compe
sation kept in ignorance of the
e. legal rights. oVel9
b. Pease Presents Case acclu
as Attorney Pease brought out a /
Continued on page Eightl i,