W West Australia Compensation Act. Wisconsin Proposed Law Workmen's Compensation in Dangerous Employment in New York.. PAGE 277 63-70 33 43 150 REPORT TO THE LEGISLATURE OF THE STATE OF OHIO BY THE COMMISSION APPOINTED UNDER SENATE BILL NO. 250, OF THE LAWS OF 1910 TO INQUIRE INTO THE QUESTION OF EMPLOYERS' LIABILITY AND OTHER MATTERS. The Commission appointed pursuant to Senate Bill No. 250 of the laws of 1910, "to make an inquiry examination and investigation into the subject of a direct compensation law or a law affecting the liability of employers to employes for industrial accidents," submits the following report: The members of the Commission were appointed by the Governor as follows: JAMES HARRINGTON BOYD, Attorney-at-law and Counselor, 529 Nicholas Building, Toledo, Ohio. GEORGE W. PERKS, Care of American Seeding Machine Co., Springfield, Ohio. J. P. SMITH, Care of Manufacturers' Association, Cleveland, Ohio. The Commission organized on the fifth day of August, 1910, by electing Mr. Boyd, chairman; Mr. Perks, Vice-Chairman, and Mr. Rohr, Secretary. The Commission had held thirty-one executive sessions, twenty-seven hearings, in Dayton, Cincinnati, Youngstown, Cleveland, Toledo and Columbus at which witnesses of various callings, working-men, labor leaders, employers, and expert investigators were examined, whose testimony and briefs are published in Part II of this Report. The Chairman, Mr. Smith, Mr. Rohr, and Mr. Winans took part on November 10th, 11th, 12th, in eight sessions of a Conference, held at the LaSalle Hotel, Chicago, Illinois, of all the Liability Commissions of the various states at that time in existence and that of the National Government now investigating the problem presented to this Commission and the Commissions on Uniform Laws of all the states, as follows: United States Employers' Liability Commission, Daniel L. Cease, Cleveland, Ohio. Launcelot Packer, Secretary, Washington, D. C. Wisconsin Industrial Insurance Committee, Hon. A. W. Sanborn, Ashland, Wis. Paul H. Watrous, Secretary, Madison, Wis. Employers' Liability Commission of Ohio, Hon. James Harrington Boyd, Chairman, Toledo, Ohio. Minnesota Employees' Compensation Commission, G. M. Gillette, Minneapolis, Minn. W. E. McWeen, St. Paul, Minn. (x) Illinois Employers' Liability Commission, 317 Fisher Building, Chicago, Ill. Edwin R. Wright, Secretary, 317 Fisher Building, Chicago, Ill. E. T. Bent, Chicago, Ill. George Golden, Chicago, Ill. New Jersey Employers' Liability Commission, Wm. B. Dickson, President, 71 Broadway, New York, N. Y. Employers' Liability Commission of Montana, Judge W. L. Holloway, Helena, Mont. Massachusetts Commission on Compensation for Industrial Accident. James A. Lowell, Chairman, Equity Building, Boston. Amos T. Saunders, Clinton, Mass. Magnus W. Alexander, Lynn, Mass. Henry Howard, Brookline, Mass. Carroll W. Doten, Chief Investigator, Boston. Connecticut-Special Delegate. Walter S. Schutz, Hartford, Conn. Special Committee of Commissioners on Uniform State Laws to prepare a Uniform Workmen Compensation Law. Hollis R. Bailey, Chairman, 19 Congress St., Boston, Mass. Aldis B. Browne, 1419 F. St., N. W., Washington, D. C. John H. Wigmore, Dean Northwestern University School of Law, United States Commissioner of Labor, Hon. Charles P. Neil, Washington, D. C. The Commission has employed three expert investigators, Mr. E. E. Watson, Mr. William P. Harms, and Mr. William R. Peacock, of Chicago, Illinois, to investigate the economic effects or partial injuries, total disability of married men, injured and the dependents of married men killed in industrial accidents in Cuyahoga county, and other counties during the years 1905-6-7-8-9-10 under the operation of the present liability laws and Common Laws remedies as now administered in this State. The exact tabulated details, the discussion of the plans and results of the investigation of Fatal Cases, by E. E. Watson, chief investigator, are given in Part I, page xxxvi. The report of these investigators on non-fatal accidents will be reported to the Legislature about the first of March, 1911. The importance of these investigations lies largely in this, that their results sustain the conclusion of similar investigations conducted in other states and foreign countries, as set forth in the appendices of this report, Part I, Appendix I (a), etc. Our labors have thus far been almost wholly devoted to the present system of regulating the liability of employers to employees for industrial accidents. The Commission realized that the problem of the causes and prevention of industrial accidents is of equal importance and as imperative in its nature as the compensation of workmen for the impairment to their earning power by accidents occurring in the due course of their employment. The Commission is ready to submit definite recommendation upon the subject of the employers' liability and to make suggestions concerning needed legislation on the subject of the prevention of accidents. SCOPE OF INVESTIGATION. The following summary of reports, investigations, and inquiries made under the direction of the Commision and those presented at our Hearings in Columbus by Messrs. Fred C. Schwedtman, and James A. Emery of the National Association of Manufacturers (Part II, Columbus Hearings) and others, will show the scope of our inquiry and the amount of evidence upon which we base our conclusions. SPECIAL REPORTS. (1) A short analysis of the legal system of Employers' Liability in the State of Ohio, together with a brief historical description of the systems of workmen compensation in England and the State of New York and plans of insurance existing in Montana and Germany and other foreign countries, together with the statistical results of the investigations made in Germany, England, New York, Allegheny, Pa., Wisconsin, Minnesota, and Illinois and the State of Ohio and a discussion of the adaptability of the priciples of those systems to conditions in the State of Ohio are first dealt with. (This report was prepared by the Chairman of the Commission.) (2) Detailed study of the German Plan of Insurance against Sickness, Accidents, Invalidity and Old Age by Dr. George Zacher. (Part I, Appendix 150.) (3) Detailed study of workmen compensation in England and digests of the system of compulsory insurance in other foreign countries by Launcelot Packer.* (Part I, Appendix 181.) (4) Abstract from the investigation of the Russell Sage Foundation of the accidents in Allegheny County, Pa, during the year 1907-1908, Part I, Appendices la, lb, 1c, 1d, le (by Crystal Eastmon). (5) Abstracts from the report of the Illinois Commission relating to the results of the investigations of the economic effect of the deaths of 614 men killed in industrial accidents in the State of Illinois and the compensation paid by the liability insurance companies in the settlement of claims of workmen against their employers who had insured themselves against liability arising out of claims of their workmen for injuries. STATISTICAL STUDIES. In the investigation of the economic effects of the partial injuries and total disability of married men, and dependents of married men injured and killed in Cuyahoga County, Ohio, and other counties during the years of 1905-1910 inclusive prepared by Emile E. Watson, chief investigator, and his assistants, William P. Harms and William R. Peacock. GENERAL INQUIRIES. (1) A series of questions was sent to employers of labor, throughout the state, to the number of 5,500, to obtain their opinion as to the justice and wisdom of our system of employers' liability and as to the advisability of a change in the law. (The circular letter containing these questions, and digest of the replies received to these questions, made by W. J. Rohr, will be found in Part I of this report. Appendix 336.) (2) A circular letter of inquiries was sent to workingmen and women, and labor organizations to the number of 2,700 to obtain their opinion as to the *Bulletin, Bureau of Labor, May, 1907. justice and wisdom of our system of employers' liability, and as to the advisability of change in the same, and to the extent and efficiency of relief furnished by local unions in providing insurances against sickness and injuries to workmen arising out of employments in industrial occupations. (The circular letter of questions and a digest of the replies received to these queries made by W. J. Rohr, will be found in Part I, this Report, Appendix 388.) (3) A circular letter was sent to every Judge of the Supreme Court, of the Circuit Courts, and of the Courts of Common Pleas, and to all Federal Judges, in the State of Ohio, asking their opinion concerning the practical operation of the law of Employer's Liability in the State of Ohio. The Commission has received replies from one Judge of the Supreme Court, one reply from Circuit Judges, and one reply from Common Pleas Judges. Copies of the circular letter and the three replies appear in Part I of this Report, Appendix 279. (4) A circular letter was sent to all the lawyers in the State whose names appear in the Annual Report of the Proceedings of the Ohio State Bar Association for the year 1909, 750 in number, asking their opinion concerning the constitutionality of certain proposed changes in the Employers' Liability Laws of Ohio. The Commission has received replies from forty-two (42) attorneys. The form of letter sent together with copies of practically all of the replies appear in Part I of this Report, Appendix 282. (Arranged by the Chairman.) (5) A circular letter was sent to all of the Clerks of the Courts of the State of Ohio asking for an approximate estimate of the cost to each county and the state on account of the litigation of personal injury suits. A copy of the letter and a tabulation of the replies made by W. J. Winans will be found in this Report, Part I, Appendix 401. (6) Special investigations were begun the first day of November, 1910, under the direction of Emile E. Watson, in association with Experts William P. Harms, and William R. Peacock, to determine the economic effects of partial injuries and total disability of married men injured, and the dependents of married men killed, in Cuyahoga County, and other counties in Ohio, during the years 1905-1909, in industrial occupations. This report, which will be the most important of its kind ever made in the United States, is being written up by Mr. E. E. Watson. (A detailed discussion of the results of Ohio investigations of fatal accidents, by E. E. Watson in Part I, p. xxxvi.) Twenty-seven public hearings were held in Dayton, Cincinnati, Youngstown, Cleveland, Toledo and Columbus, at which the Commission examined one hundred and thirty-five employers, labor leaders, lawyers, employes, insurance companies' officials, expert investigators of compensation and plans of insurance of impaired earnings of workmen employed in industrial occupations in other states and foreign countries, especially those of England, Germany, New York State, Illinois and Ohio. The results of these investigations and testimony are found in Part II of this Report, now in the hands of the public. INDUSTRIAL ACCIDENT AND THE QUESTION OF THE PREVENTION OF THE SAME. The most conservative estimate of the number of workmen injured and killed in the United States in 1909 in industrial accidents is 536,000. (See Chairman opening remarks, Columbus, Ohio, Nov. 30, 1910, Part II, page 275.) Mr. Ferd C. Schwedtman claims that even if we are as careful as a people as the Germans and have developed the devices for the prevention of accidents as highly |