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About The united American : a magazine of good citizenchip. (Portland, Or.) 1923-1927 | View Entire Issue (Nov. 1, 1923)
NOVEMBER, 1923 THE UNITED AMERICAN 16 American Ideals Expressed in American Laws By John Bradley Winslow, Chief Justice Supreme Court of Wisconsin Washington, and Iowa have been sus solution of these questions. Certainly it III. To meet this burning question the tained by the Supreme Court of the is not possible now. Workmen’s Compensation Acts have United States and' have thus survived Passing from the consideration of la come into being. Different in their de the test of the Fourteenth Amendment. bor problems and conditions, I would tails, they have some characteristics in The first two of these laws are com direct your thought for a moment to the comon. Generally speaking they pro pulsory and the last one elective. very general public awakening on the Much more might, and really ought to subject of housing, sanitation, and liv vide that all industrial accidents result ing in injuries to workingmen shall be be said, concerning labor legislation, but ing conditions in the great cities. The compensated for the employer at speci I must pay attention to some other fields slums and the crowded tenement house fied rates during the time of disability, of legislation before closing this paper. are in many respects the foulest pro those rates being determined upon a I stop now only to observe that the idea ducts of modem civilization, for in them basis of a given percentage of the wages that safety and health should be pro the race is poisoned at the source, yet, of the injured person; if death results, moted in all working places has taken for many years they passed practically other definite standards of indemnity to full possession of the public mind and to without notice; they were hardly fit sub be paid to the dependents are provided. this end legislation providing for the jects to be mentioned in good society; The procedure is simple; a claim is made use the best safety devices, the guarding nor was it realized that the state owed before an administrative board or judge, of all dangerous machinery, the pre any duty to its poorer citizens to make and the mater is* taken up quickly and vention so far as possible of occupational conditions of life more healthful or en without legal machinery. The award is diseases, the providing of safe, sanitary, durable, and still less was it realized that made and can only be attacked on the and healthful shops has become uni the state had a selfish interest in the ground of fraud or because there was versal, nor has such legislation been ser health of its citizens which would de iously attacked in the courts. Its valid mand that something be done to remove really no evidence to sustain it. These acts have been generally, ity as a proper exercise of the police such ulcers as these from the body though not universally, sustained when power is quite ‘beyond the question. In politic. In most, if not all, of the states attacked as unconstitutional. The reason, the more advanced states these laws containing large cities where these prob doubtless, is that they have generally are framed in general terms requiring in lems are acute, the regulation of tene been made elective in form, i. e., em substance that places of employment and ment building is now quite complete, ployers could elect whether they would exposed machinery be made safé and human habitations must be provided with come in under them or not, and thus if the administrative details are commit certain specified sanitary fittings and be they chose to come in they could not ted to a permanent body or commission built under certain rules as to light, ven cbmplain of any infringement of their which has power to inspect and deter tilation, and ground space. Legislation rights to have due process of law be mine what is safe and what is. not safe. in this line is rarely questioned in the. cause they have voluntarily consented to This commission calls to its aid the ex courts, nor is it perceived how.it could come under the terms of the law. It is perience of both employer and employee be successfully attacked. Playgrounds true that election to accept the law as well as the knowledge of the expert are appearing where there were none be was made attractive by a somewhat in and formulates the administrative de fore, the oldtime slum is certainly being genious provision having some of the tails in the shape of regulations which crowded out, the city child is to be given characteristics of a club, to wit, a pro have the force of law. Thus the' adjust a chance, the city worker is to have light, vision that the employer who chose to ment to new conditions and changing air, and healthful surroundings, the city remain outside of. the law should not methods becomes easy and prompt. itself is ultimately to become, not per have thé benefit, in a personal injury There need be no long waiting for legis haps a place where every prospect pleases, but most certainly a .place where action, of one or two or all of the time- lative action. The subject of labor unions, strikes, lllllllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllmlltllmlllllllllllllllllllilllllllillllfe honored defenses, known as contributory negligence, assumption of risk, and lockouts, boycotts and other contests be tween employer and employee covers so negligence, of a fellow-servant. Ask Your Grocer For These laws have worked well—nom- large a field that it is manifestly im inaly the employer pays for all injuries, possible to give it treatment. I would I in reality he insures himself in an acci not be understood as minimizing its vast dent insurance company (which takes importance but that very fact makes a charge of and pays the claims made) and mere brief discussion all the more un adds the cost of insurance to the cost fitting. Furthermore the controversies of his manufactured product. In the on these subjects are still acute. Only end, therefore, the public pays, and when in the most general way can there be all of the states have similar laws all said to be any general public ideals. It may be safely asserted that the general ¡employers will be on an equal basis. public desires to be fair both to em Such laws are already in force in ployer and employee; it believes that the You are always sure ¡forty-one states and territories and the employee has a right to organize, to of its quality Federal Government has an act for its strike if he be dissatisfied, and to be employees. The New York law did not free from blacklisting; it does not be In Vacum Packed Tins have the elective feature as to certain lieve that he is entitled to resort to employments and was held unconstitu violence to gain his ends, nor does it be ALLEN & LEWIS tional by the highest court of that state lieve that it should be possible for the in the year 1911, because it deprived the whole public to suffer great inconveni Distributors = employer of property without due pro ence and loss because of a disagreement ^iiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiuii'iiiiiiuiiiiiiiii? cess of law in that it imposed on him a between employer and employee. uuMiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiumiiiiittniiiiiiiiiiiiiiiiiiiiiunix liability without his consent and without The laws which will work out sub his fault. Since that decision was made, The place to trade f ¡however, the state constitution has been stantial justice to employer and em ployee while protecting the public have ¡amended so as expressly to authorize such a law and another law of similar not yet been perfected although there The Jeweler nature has been passed and upheld by has been much legislation. The his 266 Morrison Street I torian or essayist of the future may per ■the court of appeals of New York. ! The compensation laws of New York, haps be able to record the satisfactory .nitli><l||||||||||||||||ll||tlllllllllllllIllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllll |(lS Preferred [ Stock | COFFEE | STAPLES