Montana labor news., 1938-07-14
COMPENSATION PLAN
NUMBER ONE

A correction-in last article Coo
ney's veto should have read, post,
March II, 1885," and not 1887 as
stated and the shifter's name should
be Nice ormick and not McDermott
as stated.
Compensation should be under a
state setup. It should not be handled
and dominated by the big corpora
tons and insurance companies as at
present under plans one and two.
The A. c. M. Co. uses plan number
one. A lot of miners and others do
not know this.
My claim for compensation denied
Nov. 10, 1881. Also my appeal for
a rehearing denied Nov. 28, 1881.
contacted some of our Silver Bow
representatives, asking them what
kind of a compensation law exists in
the State of Montana for an injured
worker to meet with such treatment.
The joker, as I began to learn, was
section 1888. / had not made out
my claim in writing and under oath
to the manager of the A. c. M. Co.
inside of thirty days after injury as
required under the Montana State
Compensation Laws. During this
time had tried to obtain work with
out success from the A. c. M. Co.
at something l was physically able
to do. However, after placing my
claim with attorneys for collection
l was given a job. I was given a job
about January l, 1882, or about eight
months after leaving the hospital in
May, 1881. A very good job, making
it possible for me to earn $40 during
any one month less 81 deducted for
hospital, doctors and hospital fees.
On this basis amounts to over 2 per
cent Of ones earnings.
My case was taken into District
Court (Judge Frank Riley on Sept.
2, 1882, and dismissed therefrom on
Dec. IA, 1882, under section 1888,
page 46, Montana's Compensation
Laws, no knowledge, that I had
failed to make claim in writing and
under oath to the manager of the
company inside of thirty days from
injury. I claim I do not come under
section 1888. There was ample
knowledge.
had received hospital ticket, re-
to timekeeper, Dick Jennings,
night foreman, Dick Curran was
boosting timber had put kink in
my side. Noted on hospital ticket
as pain in side. Went to Murray hos
pital, reporting to DR.. ]. Swoboda
and was under his care and advice
from June IA, 1929, to October IS,
1929, and taken to Galen in A. c. M.
private car by w. ]. Mcmahon in
person. No knowledge. Where do
they get that stuff? The case was
then taken to the State Supreme
Court. The decision being given on
Feb. 2, 1884, just two years and five
months or twenty-nine months going
through the courts. This decision
upholds the District Court Drank
denying my claim under
section 1888. Also sustaining j.
Clements runout under Sec
ton 1899. l had failed to file a claim
in writing and under oath within six
months as required by law. Letters
and verbal knowledge mean nothing
in Montana.
That Supreme Court consisted of
Chief Justice Galloway, Mathews,
Angstman, Stewart and Ralph j..
Anderson. The latter wrote the
opinion in this case, even going SO
far as to question injury, Galloway
and Mathews have since been re-
moved from the State Supreme
Judges Stewart and Ander-
son are up for reelection on July
10, 1888. And needless to say, l do
not think the working men and
women of Montana should re-elect
Judge Stewart or Judge Anderson.
However, the judges are not alto
to blame for this injustice. 1t
IS the law that is unjust.
Mr.. DAILY of A. c. M. Co. and j..
Clements, chairman of Indus
trial Board, will say why don't you
it?
Mr.. Working Man and Woman,
Let's do just that" Repeal plans
one and two and put this compensa-
ion law into the hands of our state
)r Federal government where it
'ightfully belongs. Repeal or amend
1899. In total disability cases
here should be no statute of limita-
Judges have made this ruling
s~ilicosis cases.) Where there is a
of limitations time spent in
hospital, confined to home or while
inder doctors care should not apply.
hDT WITT rrhN6C |