The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-09-07

Gugler commenced action in the dis
trict court in Hamilton against the
Industrial Accident Board for compen,
sation for the loss of the sight of one
eye and the court awarded the in
jured man judgment. The chairman
of the accident board appealed to the
supreme court from the decision OF
the district court. On February 23rd,
the supreme court gave an opinion
confirming the judgment of the dis
trict court in awarding Chef Gugler
compensation for the loss of the sight
of one eye from an injury received
while in the employ of the city of
Hamilton. The court held that while
Gugler did not lose the sight of his
eye until 16 months after the accident,
the Industrial Accident Board had
been notified of the accident by the
employer and the doctor attending and
that the Industrial Accident Board
had paid the doctor for his services,
therefore, the injured man was en-
titled to the compensation the law
allows for the loss of an eye from the
injury received when regularly en-
ployed
The decision of the Montana SUI
preme court, is a just one. In the
past, the Motnana supreme court has
rendered similar decision in cases
simi1a rto the Gugler decision Courts
in other states have also given like
decision and so have the federal
courts.
The chairman of the Industrial Acct
dent Board did not like the decision of
the court reversing their decision, or
dering the board to pay Gugler what
was due him. Therefore, the chair
man succeeded in having Senate Bill
No ia introduced to amend the Com
pensation Act in an attempt to keep
the courts from giving a decision in
favor of an injured worker in cases
similar to the Gugler case.
On the afternoon of February 2Sth,
the next to the last day of the ses-
sion, both chambers of the legislature |
recessed to convene at o'clock PM, |
for the purpose of introducing bill |
to amend the Werkmen's Compensa-
ton Act. A delay of two hours took
place on account of a representative
of labor being active in the lobby of |
the senate, opposing the introduction
of the bill.
The senate convened at 10 o'clock
PM, on the 59th legislative day and |
10 hours before the legislature adj
journed sine die. The rules provided |
that no bill be introduced after the
35th day without the consent of
of the senate.
Republican floor leader, Senator
Simmons took the floor and informed
the senators that the committee on
Workmen's Compensation desired to
Introduce a bill to amend the Work
mems Compensation Act and that it
was necessary to suspend the rules in
order that the bill be introduced and
moved that the rules be suspended.
The motion to suspend the rules car
ried, then the clerk of the senate read
Senate Bill No. ia providing for
to the Workmen's Com
pensation Act.
The bill after being read, was re-
ferred to the committee on Workmen's
Compensation; The committee retired
to a committee room, returned in eight !
minutes and reported recommending !
The, bill be concurred in" On the !
report of the committee being re-
ceived Senator Simmons, majority
iloor leader, made motion to the
effect that it is believed that the bill
IS correctly printed and engrossed
and it now go to the Committee of
he Whole. Motion carried. The bill
was neither printed or engrossed when :
he motion was made and carried. ,
When the senator's adopted this mo- !,
ion they deliberately violated the
oath of office they took when they /,
we're sworn into office. by Chief !,
Justice Howard Johnson of the, SUI !
)reme Court of Montana. fe..rtrt
Article v. Section % of the Consti- :
ution requires that every bill before {
t is enacted into law be printed as
veil as engrossed and be placed on
every members desk in order that
hey may know upon what they are
roting. The bill was acted upon by
he Committee of the Whole, who T
conomended that Senate Ri1l No ia