Show MINING INDUSTRY 1 OF OFIS UTAH IS DECLARED THREATENED i BY BILL Proposed Amendments to Workmen's VolI Compensation tion Lion Act Sa Saul Said 1 lo 10 o Permit Possible Abuses of Power T h by bT V Officials P POINTING OIN OUT our several abuses that would woul 10 bp made possible by the enactment enactment enact- enact ment into law of tho the so-called so Olsen OlDen bill amen amending ing the workmen's compensation act acl a n. booklet explaining b the tho Iro proposed P amendments is being circulated by hy the Utah chapter of tho American Mining Congress The booklet explains briefly and in simple language ungo why enactment of the Olsen bill would woul mean the he creation of n a menace menaco threatening the existence of th the mining industry n in ill Utah I Following Is tho the text tho at argument made mado against tho the bill by the tho mining congress Tho The Utah Ulah Chapter of at the American Mining Congress Is la an nn organization which has for tor Its' Its purpose tho the promotion promotion promo promo- tion Uon of ot mining mining- as ns an Industry Its membership represents more than ninety Per her cent of ot th the mineral output of or tho the state tate It realizes i that unless tho the workmen who furnish the labor for the prosecution of ot mining arc are Properly guarded sat and sufficiently paid that tho the Industry Itself Itsel must taU fall that unless labor receives its proper proportion of ot the mone money derived from the Industry there will bo be that want of at harmony between labor and capital which will ultimately ultimately result In a a. dissension dissension dissension dis dis- sension between the tho two great in interests interests interests in- in sufficient at least to tu greatly jeopardize Its success Furthermore this or organization has for tal man many years thoroughly h understood understood under under- stood t that hat the tho old system of or common law aided by statute has been beer defective do- do c and failed to afford any relief reller to man many worthy worth Workmen who were Injured Injure in the course of at their employment employment employ employ- ment as miners And further that the litigation which grew au out o ot of accidents In mines with resultant injuries to workmen was a heavy burden upon the tho Industry I This Chapter of or the American Mining Congress has gladly accepted the fundamental fundamental fun tun- idea of or the called so Workmen's Workmen's Work Work- mens men's Compensation Laws believing that ultimately that Idea when whan coveted covered or expressed by wise enactments will not only tho the Industry from the thc Sf great at expense of at II litigation a but will also equalize th the burden of at accidents occurring in n the tho Industry so that a n. portion of ot that burden burdon will be carried by oy tho the employer cr and a n. portion of It b bythe by bytho tho the and so BO that any workman who Is unfortunate In sustaining an Injury will bo be compensated for tor his lo loss 1 ut t time until ho Is I's again again able ablo to work This organization wishes to have o the Legislature of tho the Stale State of at U Utah ah understand understand understand under under- stand that it committed to tho the fundamental principle upon which all Just workmen's compensation law rests and that It does not come to the tho Le Legislature Legislature Legis Legis- Is 1 lature with any purpose In mind to have haYe havethe havethe the tho making law power of at this state abandon such suh a n poll policy C at Ht least until that policy polle is given I en a R. fair rail trial Of or course courso an any workmen's compensation tion law is as yet an experiment but the only manner in which that experiment ment ma may ho he tried with t safety is Js to adopt a n. law and then I g give the ad- ad features cat of or tho the law a a chance to to operate Two woo years ago aso this Legislature Leg abandoned tho the old system of law and find adopted the workmen's compensation compensation compensation com com- Idea In some somo small details some somo persons ma may believe helle that tho the law ought to be bo amended but It Is la submitted sub sub- that on tho the whole holo the measure as it now stands should have a more extended trial and should not at this time bo he amended in an any substantial respect The Tho function of at a 0 legislature may be to refrain retrain from altering the existing ex ex- law Jaw as aswell well as to mako mak new laws and the tho public welfare welta-e of at tho the State of ot Utah ma may be promoted b by this Legislature b by non non-a non action tion as well asby as asb asby b by action Too much law and too t frequent frequent fre fre- e- e quent chan changes es In the tho law are aro a a. great dan danger er to the tho state and Its welfare With these observations In mind let t the the e consideration of oC the proposed amendments bo be b approached I. I PURPOSE I OF 0 CO S I TIO LA AS S nl DISTINGUISHED lI U FROM TILE THE COMMON 1 LAW W I The common law and In this term wo we mean to Include tho the statutory amendments thereto had nc negligence or When employer employer employer em em- fault as Its basic Idea an wa was guilty of or negligence which resulted In injury to his lie was liable for damages damage actually sus sus- These damages were given sl as as' tho the equivalent In monc money of or the Injury InjUn inflicted The Tho workmen's compensation law rests upon an entirely different basis Tho doctrine of at no liability l without fault is Js s by that law abrogated Liability Liability Lia Lia- and negligence and damages are areno areno areno no longer proper terms These terms have been substituted b by y tho the Ideas of or injury in tho the course courso of at the employment and compensation in n the nature of at a 11 pension rather than in the nature of at actual damages to the Injured em em- This compensation atlon Is not in intended intended In- In tended as the tho equivalent for tor actual damages es because actual damages re resulted resulted resulted re- re only because of or wrong on tho the part of tho the employer which wrong caused Injury and damage to tho the em em- whereas compensation under the thene new ne system stem Is s made or awarded be because because because be- be cause of the he Injury sustained without I regard to the Idea of at fault or gence sence Under the now new s system stem the Injured receives compensation whether his Injury was produced b by tho the fault tault of at tho the employer or ox by hl his own fault or oras oras oras as tho result of at a mere mero accident This I compensation atlon Is not awarded with the idea that It will Ill bo be sufficient s to support support sup sup- port tho the workman and his dependents In all an the tho conveniences con and comforts of ot life lite for tor years to come but rather lather with tho Idea that it Jt will equalize the tho burden among among- the tho and between be between bo- bo tween es and employer It Is 19 Isto Isto to give Ive to the injured workman and his hla dependents somo Barno material aid whereby they ma may coupled with their own efforts become and remain useful members of at society If It these Ideas are ure kept in n mind then one may l' l readily see seo that there thoro Is vcr very wery little ground for complaint as S to tho the am amounts of or compensation that are awarded under tho existing statute for Ol ono one can t see seo oe that when twenty Injured In Injured Injured In- In workmen are all awarded compensation compensation compensation com com- without regard to the tho idea of ot fault or negligence that the aggregate aggregate gate ato of oC tho amount of tho the awards should bo be no more than tho the aggregate ag regato of at the amount of ot the damages that would be allowed under the tho old system to those of tho the twenty to whom the employer would havo have boon been liable be because be- be causo cause of at life his negligence If It tho the Idea of at actual damage was vitas as tobo to tobo too bo o tho the standard of at compensation then of ot course courso tho the old law could have havo been readily amended b by simp simply enacting a n statute In effect providing pro that proof of ot Injury was sufficient proof o of wrong wron- on the tho part of ot tho the employer and that such employer should bo be charged with the tho liability for tor tho the actual damages damages dam dam- ages resulting from the Injury but no such standard was Intended to bo be made madea a part of at the new system stem and tho the lawmaking lawmaking law law- making power o of 0 this state should never a adopt opt such standard but should keep tho the rate pf compensation within reasonable limits so as to afford some material protection and aid to the In Injured Injured In- In jurod workman and his dependents and Continued on page 9 9 I MINING INDUSTRY OF i I THREATENED I Continued from page 7 I so BO as not nol not to to burden tho rho Industry un unduly unduly un- un duly duh because If Ir tho the Industry ceases cease to tobe tobo tobo bo be profitable no man will engage In It II INDUSTRIAL l COMMISSION AND ANn ITS Irs l AND DUTIES S Under tho the existing statute Its en enforcement enforcement enforcement en- en IH la In tho ho main entrusted to toa toa ton a n commission of oC an nn Industrial nature This Thin commission of ot course has han duties and and- powers and In order to perform those duties and exercise those powers power It must have c discretion but It Is submitted submitted sub sub- that this discretion should bo be what Is called In law a sound Bound one and the tho power should bo be a 0 reasonable rather than than- an arbitrary power It should be one guided by law and by legal standards Arbitrary power anti anil capricious discretion arc are abhorrent to the tho American institutions and to all constitutional governments The man who con can exercise It Il ju justly has Chas never yet been born and perhaps or no will willbe willbo be bo and whon when It la ly submitted that the Industrial Commission of ot the State of ot Utah should be governed and controlled controlled con con- trolled by wise limitations such suggestion suggestion sug sug- l In no manner reflects upon the thc personal Integrity or Judgment mont of ot the thc personnel of or tho commission It simp simply I conforms to tho the Idea which Is Inherent In American government The difficulty Is with the proposed amendments amendments amendments amend amend- ments that thc they grant too much power and too much discretion without an any sufficient check or balance Tho The commission commission commission com com- mission for Instance may mako make classifications classifications classifications classi classi- which are indeed unreasonable unreasonable unreason unreason- able ablo and may award compensation either cither high or unreasonably unreasonably unreason unreason- ab ably low and yet ot the tho opportunities for tor reviewing re the action of or the the- commission commission commis commis- sion slon are arc so limited as tp bo ho practically without effect This general I tion will be bo made mado apparent in the thc course of this dissertation III PRIVATE AS S DISTINGUISHED n FROM 1 STATE INSURANCE NCE I Under the existing statute employers may elect to protect themselves os in car carrying the tho burden of or compensation which t may bo be awarded b by insuring with the so called Indemnity or InsurAnce in insurance In- In companies Tho State o of Utah has haa tho the power and exercises it H to prevent an any Insurance company compan from doing dolnE business within tho the state unless that insurance company Is financially responsible for tor the tho he risks which it insures The Tho chief purpose of ot the tho law Is that a proper award of oC compensation shall shan be bo made mado to Injured and that the thc award when mado made shall be paid and it Is immaterial immaterial im lm- im- im material to tho the state whether this award is paid laid through the tho medium of the tho state treasurer or through the medium of ot n a private ato insurance insurance- company com com- pany Tho The injured workman gets g-ets no nomore nomore more or no loss leRs whether the payment I is erected effected through h tho the one medium or orthe ortho I the tho other 1 For or that reason it is submitter submitter submitter sub sub- mitter that tho the proposed law imposes I an unreasonable re restriction upon tho the employer when In effect it destroys the tho right of at tho the employer to avail himself of ot the tho medium of oC private insurance Private ate insurance can do more moro than tho the state proposes to do because private private vate insurance can protect against legal liability for tor death whereas herens tho the state cannot and docs does not propose to todo todo todo do no so If It private atc insurance companies can ealr carry tho the risk with as groat creat or nl greater creator efficiency than the state then wh why discourage private ato Insurance IY IV COURT lily ng Il IE w 1 OF OP ORDERS J MADE MAIE E JJ BY rn THE COMMISSION The Tho present law ator affords s both employer employer em em- plo er and tho the opportunity of oC obtaining a n. review ro of tho the or orders ers of or orthe the commission In tho district court It gives Jl tho the district court power to vacate certain orders under certain circumstances cIr cIr- and to Hta stay may tho the effort effect thereof It al also o gives I cs to an nn ag aggrieved party the right of an appeal to tho thu supreme court of ot tho the state from tho the Judgment made b by the tho district court In reviewing ro any order of oC tho the commission An examination of ot the tho existing statute will how that tho the pow power r of ot tho courts court I in this regard over ocr tho the action of ot the commission is Js not nOl one ono whit too broad If In any criticism could be made of ot the existing tutu statute It would be on the tho opposite side ulde of tho the question Tho The proposed law absolutely destroys And obliterates the tho power potter of ot tho the dis dis- district district triet courts and gives s only a aery very ery limited review re to the supreme court of oC this state tat This Is perhaps th the tho most 1 objectionable feature in tho proposed amendments I In the first place laco tho the district court courtIs Is provided with tho the machinery of or a n atrial atrial trial court whereas tho the court courtis is from its very ory nature an appellate court Tho Thu district court from its HH name indicates that it takes care caro of or ortho tho ho district for which it il is provided whereas tho the court having in inthe the tho main anI only appellate powers must take care of oC the entire state Tho The district district district dis dis- court Is convenient con and accessible for It holds Its IlM session In each county pf pt each district whereas tho the supreme courts sit Bit only at tho the capital of ot tho the state The Tho district courts are seven Boven in number presided over b by many Judges judg-cs whereas the BUIr supreme mc court I is only ono court pre presided over h by ju Judges cs The Tho district court as nN a trial court disposes disposes dis dis- poses of oC n ml many anti man many cases RO so that no appeal is taken and without tho 1 printing Anti rag of or voluminous records whereas the Ilse supreme court Is called Into action on only Iv when It Is bell believed ved that the district court has erred In its holdings and only oraly when tho controversy erli is of ot suf suf- Importance to Justify tho the exp cx- cx p penso of at a n journey to tho the capital of or the state and tho the preparation and printing of or the voluminous records which are incident to a hearing in such court These proposed amendments will have o a tendency to impair tho the efficiency effi oHl- of ot our court In other |