| Show Sri fORM LETTER LETTERS OF OFIS COMMISSION IS S. S w. w CRITICiSm CRITICISED i Walter Walter P. P Kirksey Attorney Attorney ney nay Takes Issue With State Body r j I Attorney Walter P. P Kirksey has written a letter of ot criticism to the state industrial commission In conS connection con con- S with a 3 form torm letter which the commission has prepared to be sent to the surviving dependents In case of death heath arising out of accidental injury sustained in the course of employment The form letter reads Dear Madam l The Madam The act creating the Industrial commission of ot Utah passed by the legislature of or 1917 provides that dependents of ot certain meet with fatal tatal accidents while at work should receive a 3 stipulated amount mount of ot money as compensation The commission which has Its offices at athe atthe atthe the he Mate state capitol administers this law lawand lawand lawand and it Is the duty of said commission to hear and determine questions as to the payment of ot compensation to In Injured Injured injured In- In or their dependents We will be very glad lad Indeed to give Ive you any Information relating to the compensation law Jaw and advise you jou asto asto as us to your rights in n the premises You should call on the commission before any or settlement of ot an any kind is made The commission is at your service at any and at all times We make mako no charge for tor any information information tion or counsel we may give you jou We trust that the tho foregoing suggestions suggestions suggestions sug sug- given to you In this your hour of ot bereavement will prove of or benefit to you and help to lighten the burden and ald relieve you of ot any unnecessary anxiety Mr Kirksey wants to know why the commission did not quote in its form torm letter article XVI section 5 6 of lof the Utah state constitution which section reads as follows ACTION NOT ABROGATED Injuries resulting in death Damages Dam Dam- ages The ages The right of ot action to recover damages for Injuries resulting in death shall never be abrogated and the amount recoverable shall not be subject to any statutory limitation Also Aso he ha asked as to article I section 11 of ot the state tate constitution which reads as follows Courts open redress of or injuries Injuries- All courts shall be open and every person for tor any injury done to him In his person property or reputation shall have remedy by due course of ot law which shall be administered without dental denial or or unnecessary delay delav and no person shall be barred from or defending before any tribunal in this state by himself or counsel any civil cause to which he heIs heis heis is a 3 party INTENT ASI ASKED ED Mr Kirksey says Does the commission want to o Intend to mislead surviving dependents dependents dependents dependents' depend depend- If It not then why not Inform the surviving dependents of ot all their constitutional rights in ht connection with death arising out of accidental injuries Surviving dependents should be advised and Informed by the commission commission com com- mission and by all others interested that there is no limit to the amount amoun recoverable reco as damages for injuries re resulting resulting resulting re- re In death The monetary value value value val val- ue of a human life lire is priceless and the framers of ot the state constitution in all aU their wisdom so decided and de decreed decreed decreed de- de creed by article XVI section 5 6 5 They likewise decided and decreed that our courts shall be open to all the people for redress of ot any injury done to them their property or their reputation Noone Noone No Noone one would dare to be so foolish as to say that the ri right ht to live is not a vested right Indeed fl P is a 3 most sacred sacred sacred sa sa- cred vested right and should be guarded guard guard- ed with extreme care and unlimited protection LIMIT IMPOSSIBLE It Is true that the right to live Is but a life estate and is at the disposal of ot no one therefore the legislature has no right to enact any law to abrogate or in limit In in any way whatsoever the be recoverable for injuries resulting In death Attorney Kirksey says that after a careful digest of the compensation law aw of ot this state he is convinced that tha the law is absolutely unjust and unI unfair unfair un un- un- un fair to persons who are injured acci- acci I dentally Furthermore he says he 1 is clearly of of- the opinion that the compensation compensation compensation com act must have been fostered fostered fostered fos fos- and fathered by interests who did not have humanity at heart lIe He says the compensation allowed is ab absolutely absolutely absolutely ab- ab ridiculous He says the commission com com- mission on maintains that lawyers' lawyers servIces ices are not needed under the compensation compensation com com- act but that the commission will act as lawyers although the comI commission commission com com- mission holds no state license to practice I tl e law Jaw |
