The concluding recommendation is as to reports and investigation of accidents, urging that a law be passed requiring that all accidents to employees be reported.

Nova Scotia.

THE report of the Workmen's Compensation Board of Nova Scotia for the year 1921 is the fifth under the act. The first reference is to the subject of legislation, one amendment having been made during the year. This fixed the standard of assumed earnings of share fishermen at $780 instead of $1,200 per year. As the compensation payable in this industry is almost wholly on account of fatal accidents, for which there is a fixed monthly rate, the effect of this reduction is hardly apparent on the amount of compensation unless there is more than one child under 16. The statute allows $30 per month to the widow for life or until remarriage and $7.50 per month for each child under 16, no maximum to exceed $60 or 55 per cent of the earnings.. Where orphans alone survive the allowance to each child is doubled.

Accidents reported in 1921 amounted to 5,326 of which 48 were fatal and 462 were noncompensable; 487 others required only medical aid. The number of compensable accidents for the year was the least in the history of the law, the number in 1920, the maximum, being 6,143, while in 1921 it is estimated that the number was about 4,400. Three reasons were advanced for the diminution in the number of accidents, the first one being the falling off in the amount of business done and the number of workmen employed, the reduction in wages amounting to about $20,000,000. Part of this is attributable to lower rates, but the major part to reduced operations. The second reason lies in the fact that employers were able to secure more experienced workmen than in 1920 when the demand for workers was much greater; while the third is the work of the Accident Prevention Association, and the large expenditures for safety work by some of the more important corporations.

It was found on summing up the financial situation for the year that the collections were largely in excess of the amounts required, permitting a retroactive adjustment in the rates for 1921. This amounted in some cases to a practical refund or credit to employers, the provisional rate of $1.50 for general building construction falling to 10 cents. The same figures apply to the operation and maintenance of telephone and telegraph systems, stevedoring, and automobile livery, and taxicab stations. The adjusted assessment for steel and iron manufacture was 80 cents as against a provisional $1.50, etc. These adjusted rates do not represent actual costs of accidents for the year, but indicate that the surplus was used to make up the difference, the smaller assessments covering only the balance not provided for by previous accumulations. In the building trade, for instance, the average rate for the period of 5 years was $1.11.

Administration expenses for the year 1921 amounted to $100,066.51, nearly $5,000 less than for 1920. The ratio of the administrative expenses to the total accident cost for 1921 was 10.58, the average for 5 years being less than 7 per cent.

A recent development under the act is the formulation of the Nova Scotia Accident Prevention Association formed in 1919 by employers within the scope of the compensation act. There are branches in several of the larger industries, "and the board is satisfied that the association is doing good work, and that the expenses of the association, which are paid by the board, are moneys well spent. For 1920 this amounted to $8,320.14, and in 1921 to $7,621.90. "The prevention of one fatal accident might mean the saving of the annual expenses of this association." The actual effects of the work of the association can be determined only after the experience of several years, in more normal industrial conditions than have prevailed during its brief existence.

Tables show income and expenditure by industry classes, accidents and their disposition during 1921, balance sheet as of December 31, 1921, administrative expenses for the year, status of pension funds by classes, disaster reserve, time loss, average age, and wage of injured employees in 1920 by industry classes, nature of injuries, sex and marital condition of injured workers, causes of accidents, dependents, etc.

Compensation is paid exclusively through a provincial fund which showed assets aggregating $4,031,567.83. There is a disaster reserve of $575,929.38 and a pension reserve of $2,110,316.47 with a balance to the credit of the different classes of $435,402.80. The pension fund shows a balance for each class ranging from $67,039 in transportation to $1,137,695.95 in mining.

The average days lost in cases of temporary disability was 25.26, while for those causing some form of permanent disability it was 110.58. The average age of injured workers was 33.85 years and the average weekly wage was $21.07.

From a table showing the percentage of impairment of total earning capacity in permanent disability cases it appears that there were 285 such cases in 1920, of which 11 were total. In 194 cases the impairment was less than 10 per cent, in 51 it was 10 per cent but less than 20, and in 11, 20 but less than 30, the remaining 18 cases ranging from 30 to less than 90 per cent.

Of 6,081 male workers injured in 1920, 3,482 were married, 2,269 single, and 330 widowed. There were 53 fatalities among married men, though but 46 widows were given pensions; no explanation is given with reference to the remainder. The number of dependent children was 122. Of the 62 females injured 20 were married, 34 single, and 8 widowed. No benefit to a dependent husband is reported.

Causes of accidents are given under 8 principal heads, the most prolific being rolling, falling, and flying objects, the number due to this cause being 2,880. Falls of persons were responsible for 873, and tools for 564. Moving trains and vehicles, etc., and machinery and its parts were each charged with 524 injuries, and dangerous substances with 523. The greatest number of fatalities was due to drowning (32); rolling, falling, and flying objects coming next with 24; 19 were due to moving trains and vehicles.

National Health and Unemployment Insurance in Great Britain.

HE great cost of administering the British national health and

Tunemployment insurance schemes led to the appointment of an

interdepartmental committee (see Labor Gazette, London, March, 1922, p. 106) "to consider the relations of health insurance and unemployment insurance, and to investigate the possibility of reducing the total cost of administration by modifying the unemployment insurance scheme and by amalgamating unemployment and health insurance cards, records, and as far as possible, administration."

Two reports have recently been submitted by this committee. The first interim report, dated February 24, 1922, deals with the payment of unemployment insurance by agencies (such as tradeunions, etc.) other than the employment exchanges. At present associations paying this benefit receive an allowance for administrative expenses of not exceeding 1s. (24.3 cents, par) for each week's benefit paid through them. The report reviews the advantages and the disadvantages of this system of payment, and while the committee does not recommend the discontinuance of the system of payment of unemployment insurance through associations it does. recommend that, since the "cost of work devolving upon associations does not increase in direct proportion to the number of claims paid," the rate of payments made to associations for administrative purposes should be revised, and "that the reduced rate should be based on a sliding scale dependent on the rate of unemployment."

The second interim report, dated March 17, 1922, deals with the possible amalgamation of unemployment and health insurance cards. No final conclusion is reached on this subject, but the committee states that it would not be possible to institute the use of a combined card by July, 1922, the time when the present unemployment books and health insurance cards now in use expire.

1 Labor Gazette, London, May, 1922, p. 202.

LABOR LAWS AND COURT DECISIONS.

Status of Unincorporated Labor Organizations as to Liability for Damages and Acts Affecting Interstate Commerce.

TH

HE Supreme Court of the United States on June 5, 1922, rendered its decision in the case United Mine Workers of America v. Coronado Coal Co., which has attracted a great deal of attention for a number of years. The first legal procedure was taken in the District Court for the Western District of Arkansas in September, 1914, following the destruction of mine property in the State of Arkansas.

The history of the case in brief is that certain companies engaged in the mining of coal in the State of Arkansas, formerly operating as union mines, decided in 1914 to go on a nonunion or open-shop basis. This agreement involved five operating companies and other corporations interested, the mines being situated in an area in which agreements with the union were in force. When the case came to trial there was a verdict for damages in the amount of $200,000, which was tripled under the provisions of the antitrust act; a counsel fee of $25,000, and interest to the amount of $120,600 were also allowed. The court of appeals considered the case on a writ of error, striking out the allowance of interest but affirming the judgment in other respects (see 235 Fed. 1, 258 Fed. 829, MONTHLY LABOR REVIEW, August 1919, pp. 231-234). The case then came to the Supreme Court on a writ of error to review this judgment, which was by a unanimous bench reversed. (42 Sup. Ct. 570.)

The opinion, which was delivered by Mr. Chief Justice Taft, set forth five principal questions in controversy. The first of these was technical, claiming a misjoinder of the plaintiffs, the mine companies, and interested corporations. This contention was rejected, as all were in a common situation and were treated as a unit by the United Mine Workers. "They were so regarded in business and in the neighborhood where the mines were."

The second contention was that the unincorporated associations of workers involved, i. e., the International Union, the District Union No. 21, and the local unions, could not be sued in their names. The nature of the organization was set forth, showing that the United Mine Workers of America is a national organization, or indeed international, since it embraces Canada. It has a constitution which sets forth its general purposes, and is composed of the classes of workmen eligible to membership, including those employed in and around coal mines, coal washers, and coke ovens. It is divided into 30 districts with subdistricts and local unions. "The ultimate authority is a general convention to which delegates selected by the members in their local organizations are elected." An interim governing body called the "international board" governs the union between conventions. This is made up of "the principal officersthe president, vice president, and secretary-treasurer-together with a member from each district. The president has much power.

When the board is not in session the individual members are to do what he directs them to do." The machinery of the organization is said to be "admirably framed for unit action under the direction of the national officers.' Section 27 of its constitution provides that "the board shall have power between conventions, by a two-thirds vote, to recommend the calling of a general strike, but under no circumstances shall it call such strike until approved by a referendum vote of the members." No district shall engage in a strike involving all or a major portion of its members without sanction of the international convention or the board. Districts may order local strikes on their own responsibility, but they will not be financed by the international union unless sanctioned by the international board. Other evidences of solidarity are given and the opinion continues:

The membership of the union has reached 450,000. The dues received from them for the national and district organizations make a very large annual total, and the obligations assumed in traveling expenses, holding of conventions, and general overhead cost, but most of all in strikes, are so heavy that an extensive financial business is carried on, money is borrowed, notes are given to banks, and in every way the union acts as a business entity, distinct from its members. No organized corporation has greater unity of action, and in none is more power centered in the governing executive bodies.

Mr. Chief Justice Taft then stated that at common law unincorporated associations were recognized as having no other character than partnerships, and could sue or be sued only in the names of their members, and their liability had to be enforced against each member. "But the growth and necessities of these great labor organizations have brought affirmative legal recognition of their existence and usefulness and provisions for their protection, which their members have found necessary. Their right to maintain strikes, when they do not violate law or the rights of others, has been declared. The embezzlement of funds by their officers has been especially denounced as a crime. The so-called union label, which is a quasi trade-mark to indicate, the origin of manufactured products in union labor, has been protected against pirating and deceptive use by the statutes of most of the States, and in many States authority to sue to enjoin its use has been conferred on unions. They have been given distinct and separate representation and the right to appear to represent union interests in statutory arbitrations, and before official labor boards." The further recognition of labor organizations is found to be quite common in legislative action, many statutes being listed in footnotes showing the extent to which legislatures have gone in treating such associations as distinct entities. "More than this, equitable procedure adapting itself to modern needs has grown to recognize the needs of representation by one person of many, too numerous to sue or to be sued. It would be unfortunate if an organization with as great power as this international union has in the raising of large funds and in directing the conduct of 400,000 members in carrying on, in a wide territory, industrial controversies and strikes, out of which so much unlawful injury to private rights is possible, could assemble its assets to be used therein free from liability for injuries by torts committed in course of such strikes. To remand persons injured to a suit against each of the 400,000 members to recover damages and to levy on his share of the strike fund, would be to leave them remediless."

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