Western news and the Libby times. [volume] (Libby, Mont.) 1920-1933, 1930-06-12

Helena, Mont, June ., 1890
To the Editor:
Petitions for the initiation of mea-
compensation law will very shortly be
circulated generally throughout the
state.
The measure has been brought 10
the attention of most of us through the
medium Of the press or by statements
emanating from the officials of the
Montana Federation of Labor, which
Is apparently sponsoring the action -aEad
also from the Associated Industries of
Montana, which is antagonistic.
This should be an opportune time
to study the matter carefully in order
that we may act with some knowledge
and with intelligence.
During my tenure Of office as sec
rotary of our Industrial Accident board
for almost six years, ! had, of neces-
sity, ample opportunity to make rather
comprehensive study of the principles
involved in compensation and the man.
ner in which these principles have
been adopted and incorporated into law
by the various states.
AT the outset, | may be permitted to
say that | hold no brief for either OF
the parties interested, and the opin-
ions may offer, are strictly unbiased
and based entirely upon my personal
knowledge and observation: | am in
accord with real, just and reasonable
methods of providing compensation for
injured workmen and sincerely be-
lieve that the efforts of the past few
years have been justified and where
properly administered produced good
results
The measure which is now offered
| for our consideration is in my humble
opinion, vicious, unreasonable and un-
workable, dangerous alike to the en-
ployee, employer and the public at
large; just few concrete instances re-
lating to each of these classes in sup
port of my contention, may be cited.
For the employer: BY no stretch Of
the imagination can any reasonable ar
gument be presented in favor of that
particular amendment offered by which
the employer is held liable for acci-
dental injuries sustained by the en-
ployee while going to or coming from
his place of employment, since, of
necessity the employer has no control
or jurisdiction over the employees &C
tons during those periods nor may he
provide any safeguards; let us remem-
Der that the cardinal principle justi-
| flying compensation is to protect the
workmen from hazards incidental to
and connected with the nature of the
employment
| As affecting the employee adversely
can very aptly point out that the
change advocated, permitting him to
take his case to the district court fol
| trial "denovo" for decision as to both
facts and questions of law means a
virtual notification and abandonment
of our workmen's compensation Law
and return to the old system of court
procedure, tedious, cumbersome anc
expensive method, that particular sys-
tenn with its abuses, which was pri-
marily the reason for all our present
compensation laws. Think it over.
The public at large are, no doubt
chiefly interested and Justly so, witt
the clause referring to the employment
of casual labor, particular the reason
that our law being elective and no
compulsory, provides penalty fol
non-election or refusal in that the in
jured employee may sue in the courts
: and the employer is denied the RICH
J to plead common law defense. For in,
J stance, if you, Mr.. Householder, hav,
occasion to hire carpenter or la
borer for few hours work, possibl,
doing some needed repairs, should tn
man be injured in any manner dur
, ing that time and you have not electe'
, to come under the act he could SUI
you and although the injury may hav
: been caused through his own gros
: negligence or carelessness, you ar
denied the right to plead such caus
or reason in your defense. This pro