Evening capital news., November 27, 1917, Image 3

About Evening capital news. (Boise, Idaho) 1901-1927

Image provided by: Idaho State Historical Society

                
EXPLAINS HOW
EMPLOYER UW
Will OPERATE
One of Authors of Idaho
Workmen's Compensation
Act Makes Statement as
to Its Terms.
Six Ways, He Declares, Pro
vided in Law to Assure
Legislation.
est
up
it
. — .... I
Thât Employer Is Able to
and Would Comnlv With >
r •
of
By IRVIN ROCKWELL,.
(One of the Authors of Idaho's Com
pensation Law.)
The most distinctive beneficent leg
islation enacted at the last session of
the Idaho legislature unquestionably !
.... _____ ...________ __________ ......
was the bill known as "the workman's,
compensation act."
There should be no circumlocution, i
red tape or delay of any sort in tlie
administration of relief and aid under
Ilie provisions of a sound compensa
tion law, and the adminttsratlve pro
visions to carry into effect this prin
ciple have been and probably will con
tinue to be for many years, a disputed
ground. One thing has been made
manifest in the workings of eoinpen
ISIS
TODAY
TOMORROW
"THE
FIGHTING
TRAIL"
GETS BETTER ALL THE
TIME.
"TORRENT RUSH."
TODAY
GAIL KANE
IN
The Game of Wits
"THE SHORTS"
COMEDIANS—DANCERS.
"LITTLE ALRIGHT"
AN EQUILIBRIST WHO
LIVES UP TO HIS NAME.
!
l
!
I
!
!
TODAY
TOMORROW
MARGUERITE
CLARK
IN HER BIG
SUCCESS
"BAB'S
BURGLAR
77
IT'S A TRIUMPH FOR MARGUERITE CLARK,
AND IS CHARMING BIG AUDIENCES.
"WONDERS OF THE
YELLOWSTONE."
WENDELL 0'DAY
A TRAVALOGUE.
ON OUR BIG WURLITZER.
CUT PRICE SALE
CONTINUES
»
' I save you money on every item—Corns in tomorrow.,
200 Pairs Heavy Work Shoes for men received yesterday. High- grade
—vary aarvicaabla. Per pair............................ ........$3.00
Wa atill have a good assortment of Flannel 8hirte at $1.00; Work
8hirta at 50c; Wool Socks, 3 for 50c; Underwear, $1.00 up.
Union Suite at Bargain Pricee.
Aleo Sample line of mieses' and boys' Union Suits, hoavy fleece and
wool, per garment..................................................75c
Lavi Strauss Overalls for boys to 12 years..........................35c
Tha Graan Front.
719 Main 8t
Store
Opposite Palace Markat.
aatlon measure! in many states, and
that is its administration demands a
decent combination of altruism, conse- I
crated common sense and self inter- ;
est on the part of the employer or his
sureties and It is a fact that these
items have been sadly lacking in the j
up to date experience of state admin- '
istered compensation benefits, the per- i
sonnel of whose boards change with
every outgoing and incoming complex- !
ion of the polttlcul map of the state. It
may be possible to secure real conse- i
crated service from political "heelers 'j
foisted into a Job in return for serv- I
ices performed for the recurring "ins" j
but It is a fair statement to say that I
it is the exception rather than the j
rule.
i need not have issued this or any
other pronouncement, at much cost of
time and expense to me personally,'
unless it had on the most reasonable
construction appeared that the most
glurlng evidence o^ attempts to mis
interpret and misinform the employ
ing public of Idaho, ns to the Intents,
I purposes and procedure involved in
the administration of the act had been
> ,ubliBhed hroadcaat to an extent which
has created great and almost univer
sal confusion if not actual consterna
tion In the minds of thousands of em
ployes and employers alike, hundreds
of whom have come to me or written
for information knowing of my coit"
neetion with the authorship of the
leading distinctive features of tlie bill.
! but perhaps with particular reference
.. .
to tlie varied PRIVILEGES providing
'
for the ussurance which all classes of
i employers, high and low, little and big
might select ns best fitted to their par
ticular business or industry.
MAKES NO ACCUSATIONS.
I make no charge of wilful misrep
resentation or interpretation against
any person or persons, in official posi
tions or otherwise. I simply point out
the facts and refer to the law—see
page 252, chapter 81 of the 1917 Ida
ho session laws, in full confirmation,
and advise my inquirers nnd all other
employers to select as their privilege,
the method of insuring their liability
for payment of compensation under
the law, which in their opinion is best
fitted to their particular circumstance,
as an employer, together with their
bounden obligation to their employes,
be they few or many.
Before setting forth my statement as
to the law itself I call attention to
the opinion as rendered by the attor
ney general, Hon. T. A. Walters, as
published in the Boise Capital News of
Oct. 28. which opinion was in response
to inquiries as to the privileges of em
ployers under the act, and while no
reference was made to the substitute
systems authorized and permitted as
set forth in section 9 of the act. he
does make use of the following lan
guage:
"Although the act itself does not con
template that under the provision of
subdivision (b) the employer shall be
released from liability, there is nothing
in the act which prohibits the employ
! er from protecting himself through the
medium of liability insurance if be de
l sires to do so."
! Further in his opinion, the attorney
I general makes this statement:
"But whether or not employer's lia
! bility contracts are expressly excepted
! from the provisions of the insurance
code, the fact that the law places no I
express restrictions upon the wrilln*
of such contracts, would permit a com
pany regularly authorized to write in
surance within the state to write con
tracts of this character. There is a
Try Making Your Own
Cough Remedy
Tea eaa save sheet 9*. sad he
a better remedy thee the reedy
mad* hied. Easily doe*.
If you combined the curative proper
ties of every known "ready-made" cough
remedy, you would hardly have in them
4 'home*ina5e" r< *M>ugh^syriip 1 ^whhsh
takpa on)y a f ew minutes to prepare.
Get from any druggist ounces of
Pinex (00 cent's worth), pour it into a
pint bottle 1 ^^lie^böttle^ wtt^plain
granulated sugar syrup. The total cost
is about 65 cents and gives you a full
pint of really better cough svrup than
you could buy ready-made for »2.50.
Tastes pleasant and never spoils.
This Pinex and sugar syrup prepara
tion gets right at the cause of a cough
and gives almost immediate relief. It
loosens the phlegm, stops the natty
throat tickle and heals the sore, irri
tated membranes that line the throat,
chest and bronchial tubes, so gently
and easily that it is really astonishing.
A day's use will usually overcome the
ordinary cough and for bronchitis,
croup, whooping cough nnd bronchial
asthma, there is nothing better.
Pinex is a most valuable concentrated
compound of genuine Norway pine ex
tract, and lias been used for generations
to break up severe coughs.
To avoid disappointment, be sure to
ask your druggist for ''2'j ounces of
Pinex" with full directions, and don't
accept anything else. A guarantee of
P . . „
absolute satisfaction or monpv prompt
ly refunded, goes with this preoaration.
The Pinex Co.. Ft. Wnync, 1"
possibility that our laws would be con
strued aa permitting a company to
write such contracts within the state
simply by complying with the laws
relative to foreign corporations. How
ever, these contracts generally are re
ferred to as contracts of insurance,
and in our opinion the company would
have to comply with the insurance
laws.
"We further are of the opinion that
any company which is licensed to
transact business in this state either
as an insurance company or a surety
company, may write liability, contracts,
provided It is permitted to do so by
its by-laws and charter and the laws
of the state In which it. is domiciled."
STATEMENT TO EMPLOYERS.
I would first say to all employers,
that the law is mandatory and makes
it compulsory that all employers of la
bor come under the act with the ex
ception of those herein later referred
to as being exempt, and the. law pro
vides a penalty of $1 per day for each
employe where the employer fails to
comply with the provisions of this
law, and furthermore, if any employer
shall continue in default for a period
of thirty days, he may he enjoined by
the district court from carrying on his
business while such default continues.
The legislature having determined
to enact a compensation law .left noth
ing undone which would make more
sure that the injured employe would
receive me compensation as contem
plated by the act.
At the same time we desired to leave
the merchant and the employer of la
bor as wide a latitude as possible and
as free as possible to conduct his own
business affairs in such a way as his
I Judgment mtght dlrt ate. and With
thftt end vlew thp lavv made ,, ro .
vision for six separate and distinct
ways of providing assurance that the
empl<*yer was able to and would com
ply with the law; as follows:
(1) By insuring and keeping in
sured the payment of such compensa
tion in the state insurance fund.
(2) By depositing and maintaining
with the state insurance manager, se
curity SATISFACTORY TO THE
BOARD, securing tho payment by said
employer of compensation according
to the terms of this act.
< 3) Providing that such security
may consist of a surety bond with
the employer and workmen, providing
any company authorized to do surety
l usines.» in Idaho, etc.
(4) Providing that such security
may consist of a guarantee contract
with any company authorized to do
guarantee business in Idaho, etc.
(5) With the approval of the board
an employer who is subject to the pro
visions of this act, may enter into a
agreement with his employes to pro
benefits in lieu of the compensation
provided by this act, subject, however,
to the following restrictions:
(a) The benefits to the Injured
employe shall be at least EQUIV
ALENT to those herein provided.
(b) If contributions are re
quired from employes, the addi
tional bnefhu shall be commen
surate with such contributions,
etc.
(6) Mutual contracts or agreements
may be entered into.by and between j
the employed« and workmen, providing
for hospital benefits and accommoda
tions to be furnished to the employe.
Such contracts or agr » merits must
provide for medical, hospital and sur
gical attendance for such employe for
sickness during the employment as
well as for injuries received and aris
ing out of and in the course of employ
aient. (The«? agreements or contracts
can only be entered into with the ap
proval and under the supervision of
the board.)
LEGISLATIVE INTENT.
There is no question, but it was the
1 legislative intent as It was the intent
; of the author of the bill to give the
employer the widest latitude possible
in making provision for the payment
of the*compensation and other benefits
i provided for b .* the act, EVER BKAR
i TNG IN MIND THAT THE EMPLOY
ER IS PRIMARILY RESPONSIBLE
j AN1) THAT THE EMPLOYE MUST
! CERTAINLY AND SURELY BE
PAID.
The employer may. If he prefers it.
j adopt the mutual insurance plan and
: insure himself »gainst loss In the state
I insurance fund, w'here he must pay the
rate of premium as fixed by the state
insurance manager, and also is subject
to such further assessments from time
to time as the insurance manager finds
necessary, or,
He may deposit a certain amount of
money or valid securitlep which would
he deemed sufficient and satiafactory
security by the accident board guar
anteeing the pay menu, or,
He may furnish a surety bond is
sued by any surety company, approved
H
HERE HE IS
MAJESTIC!®
MATINE« THURSDAY VAU OQ QA
NiqHT FRIDAY llUV. £tU m O\3
ESCAPED FROM GERMANY. ,,
SERGT. "DOC"
WELLS
THE ONE-ARMED HERO OP
THE BATTLE OF THE YPRES.
Will relate in person a thrilling story of life In the
trenches and his experiences behind the German
lines. How the brave boys in khaki live and die,
how it feels to be "under fire," how he eecaped
from Germany. A big message for American
people.
8ERGT. "DOC" WELLS.
YES, THERE WILL
BE CROWDS—BETTER
COME EARLY.
In connection with Sergeant Welle' address we will show the official French Govern
ment War Films
HEROIC FRANCE
Seven Wonderful Reels of Camp and Battle. The Proceeds of These Films go to the
' French Red Cross.
EVENINGS AT 7 AND 9.
MATINEE, 3»
hv the board, by which he would be
bound to make the payments, or,
He may put up a guarantee contract
whereby a third party, as for instance
a liability company, approved by the
state hoard, who would, fqr a stipu
bility is assumed<by the'
the amount of the state Insurance
fund;'' and section 8 provides that no
contract, rule, regulation or device
whatsoever shall operate to relieve the
employer in whole or In part from am
liability created by this act. other than
as provided by section 9 and 1«.
In other words, under any plan
adopted, the employer is primarily lia
ble, and If the state insurance fund or
the employer's sureties of whatever na
ture they may be. failed to make the
payments to the employe as provided
- •• then the
j under the terms of the act
it.
of
is
lated premium charged to the employer ,
guarantee the faithful performance ofj
ills obligation under the law, or, I
He may enter into an agreement j
with Ids employes for the medical at- j
tentions, thus lessening his liability,]
nnd put up such additional security!
for other payments as the board might
deem sufficient and satisfactory, or.
He may enter Into an agreement
with his employes to provide a sys
tem of compensation or benefits on a
basis entirely different from the com
pensation law, giving sick and acci
dent benefits both, and such other
benefits ns they might wish to em
body in their agreement, subject to
the restriction that the benefits must
he at least equivalent to those pro
vided for in this act and such agree
ment must meet with the approval of
the board.
could ask you to bear in mind that
under un> of these provisions, the m
ployer does not escape responsibility,
and it is a question for^eaeh employer
to decide and it is a right and priti
lege which the legislature gave him to
determine for himself as to what he
..ce. ..............
considers the safest plan for him ' 0,
adopt in order to protect himself .
against the liability created by the
enactment of (he law.
EMPLOYER ALWAYS LIABLE.
One question has frequently been
asked, and that is whether or not the
employer Is relieved from responsibil
ity when taking i " 8 "™ ] " c " h àt sec- !
H ,a'e_f u nd;.nnd to thlsj t repl h y that^eec- ,
I , tViot "no lift- 1
tlon 75 of the law provides that no lia
mut,, Is nssumetk.by the state bejonc
i
employer must make such payments.
The state insurance manager and hlM
department is merely one of several
channels'through which the employer
may protect himself. (hp !
The industrial accident boar l J® *
al or diaappro
body having the approv
val of the security put up by the em
ployer.
I might call attention to another pro
vision and that 1» that It is made a mis
demeanor for the employer to deduct
the cost of his security from the wages
of the employe.
There is one other matter I call spe- j
clal attention to, and that Is that
public corporation., J'[ 1 *^ eS . d ^ h00 ^,
districts, irrigation districts, drainage ;
districts, highway districts road dis- ,
trlcts, etc., must first apply to the state I
Insurance fund and there insure ag ilnst ,
liability for compensation and only In
case of refusal by surh fund to nceept
the risk can they make *^" cat,on |
with any other insu ranee carrier.
The act covers F.\ KR5 employment,
With the following exceptions;
(a) Agricultural pursuits.
(b) Household domestic service.
(c) Casual employment.
(d) remployaient by charitable orggq
lzatlons.
(e) Employment of out workers.
(f) Members of the employer's fam
ily dwelling in the employer's
house.
The term "out worker" is defined in
the act as follows: "An out worker Is
a person to whom articles or materials
are given to be treated in any way on
premises not under tho. control or piaii
agement of the person who gave them
out."
Casual employment has a definitely
defined meaning, and has been con
strued by the courts and industrial ac
ident boards of various states, and this
performing labor such as Is unusual
Bud out of thp Oldin.ry routine of til.
business, for instance, to illustrate;
It would not cover a man employed
to mow the lawn of a merchant, which
would be an employment outside of
Ills regulär business and-of short dura
tion. The other exemptions mentioned,
are, I believe, understood by all.
exempt i 0n does not exclude anyone em
ployed in the regular order of business,
even though it be only for a few hours.
bu ^ a ppii PH only to such a one as may
be pm pi 0 y Pd f or a short period of time
AN OLD MAN'S STOMACH.
As we grow older and less active,
less and less food is required to meet
the demands of our bodies. If too much
is hubitually taken, the stomach will
rebel. When a man reaches the ad
vanced age of *5 or 90, you will find
that he Is a light eater. Be as care
ful as you will, however, you will oc
casionally eat more than you should
and will feel the need of Chamber
lain's Tablets to correct the disorder.
.These tablets do not contain pepsin,
but strengthen the stomach and en
. lb ie it to perform its functions natu
ent
! An eminent medical authority writes ;|
, ^ of Quf cit y folk* <f ie 0 f » '
rally. They also cause a gefttle move
ment of the bowels.—Adv. T-Th-S.
Diet, Exercise or Death:
1 Y**"* mOSi OI UUT Lily XUTKS KiL m B
thicken j o{ , he arteries or o{ kidney I
diseaJe The kidneys become clogged :|
and do not filter the poisons from the
blood, and one trouble follows another, 1 !
high blood pressure damages the heart,
arteries and kidneys. Usually its dan- 1
ger signals are backache, pain here or
there, swollen feet or ankles, rheumatic
twinges or spots appearing before the
eyes. j
"The very best remedy is this: Eat !
i meat but once a day or not at all. Plenty j
of outdoor exercise, and drink pure ,
water frequently. Before meals take a
little Anuric, the great uric acid neutral
izer that is easily obtained at the drug
store. When you have dizziness, chills
! You will find Anuric many times more
potent than lithia, dissolves une acid
^ water does sugar."
or sweating, worry, or dragging pains
in back, try this wonderful enemy to ■
uric acid, which Dr. Pierce of Buffalo, |
N. Y., discovered and named Anuric. J
rrominent Women Everywhere
Endorse This.
Bozeman, Mont. — During young
womanhood I suf- I
fered greatly. Doc
tors did me no good,
i
Ä _
j so mother Kaverne .
oU|Dr. Piwes Favorite |
^, nection with theji
; «Golden Medical Dis-}'
, , and j WM rp _
I o{ my troub i es .
, g HapNE*.
33ft g Qiurch St.
k.adsehe a backache a sen
| aado n of irritability or twitching and
uncontrollable nervousness, something
t ^ rong[ w jtH the head or back, a
woman naturally says, but all the time
the real trouble very often centers in the
organs. The disorder should be treated
j et ^ dd y and systematically with Dr.
j pjjrce'j Favorite Prescription,
in
Is
CityDyeWorka
Boot equipped In tfco gustos oU kinds
of clothes Classed, Owed. Repaired nnd
x:
2 t
-P
LAMBING
SHEDS
and Hsavy Hers* Cover»
.? from Indian Hoad muslinl
to 12-or, army duok. 1
Pioneer Tent &
Awning Co.
Cor. Sixth ana Main 8to
Phono 963-W.
STRAND
;|
'
NEW SHOW TODAY
TAYLOR noms
IN
B
I
:|
!
"TWO BIT
SEATS"
0
A COMEDY DRAMA OF THE BRIGHTEST SIDE
OF LIFE
■
|
J
A BIG, BRIGHT, CHEERFUL SHOW, ORIG
INAL, REFRESHING AND NATURAL
I
CHAS. HOYT'S FAMOUS COMEDY
DONE IN MOTION PICTURES.
"A RUNAWAY COLT"
A GALE OF LAUGH8.
CONTINUED SHOWING OF THE
RATHE NEWS
-—VIOLIN SOLO
■ADORA TION " BY BARAWSKI
DEWITT DEPUE
SOLOIST.
* DR. GANNON
THE FOOT SPECIALIST.
Corne, Ingrown Nails.
Chiropodist, Removes Corns, Callus,
Ingrown Nails, Tredts Bunions. No
Pain. Instant Relief. No Blood—*t#
Sonna Bldg., ovor dulden Rulo Store.
. DR. C. G. BURT.
CHIROPRACTOR.
Consultation and Analysis Froa.
9-« Brand Hotel Bldg.. Corner l»th III
Idaho SL Phono 194$, Boiae. Ida led
No Knife. Ns Dr ugs.