IDSTAROD PIONEER
I'lTU.ISIIKli LVLHY SATUUiAY MOH.M.Mi AT IKWAHtll), ALASKA
f/al g Geo M. Arbuckle. Publisher No. 27
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INDEPENDENCE DAY
We hold ilie.-e tiu'lis to he M-h'-evidrm. tlml all men are created equal; that they
are rmlmvcil liy their (hoator with certain inahciiaoic right.*--: that cmong there are life,
liberty and the' pursuit of hap; in.- *. T. :t to .-.am a there rights • .vcri.tn.-m? mv instl
tutcd’among men. deriving their ju.-t ; ■--r- irrin the consent of the governed.
Probably at no limp in the history of the United States have the
above words from the immorrn! Declaration of Independence been
fraught with , . i •q;,.vn.r ■ p.onio 0f mo country than at the
present time. When the j co;.h lh. ! aid gather in their various com
munities for Die celebration of the nai'-'-nal holiday and listen to the
reading ot the document which announced to the world the birth of a
new nation, a new significance will attach to t. ; dded to a fuller sense
of the responsibilities and duties imposed upon /unencan citizensmp.
A feeling of pride, unattended by vaingiorj', will spring up .a . ie ..eaits
ol true Americans wijj the thought ; :.u the h’gh ideals there - Sinwated
have beer, presen cd and in a measure lived uj to. and a deienr.inalion
to still foster tiiem and hand them down at least unsullied to future gen
erations will take its place in their awakened conscience.
At a time when half the world is engaged in a senseless war in
the making of which the great body of the participant naa no Hand,
it is well to grasp the full meaning of democratic government as exem
plified in our institutions, and in true appreciation of the benefits con
ferred. each citizen will be stirred to a resolution to guard and support
those “bulwarks of our liberties” to the utmost.
WORKMEN’S COMPENSATION LAW A FRAUD
A careful reading of the "workmen’s compensation act” passed by
the recent territorial legislature bears out the suggestion that the meas
ure is not one that will commend itself to the persons most vitally inter
red—the miners themselves. The circumstances under which it was
enacted; the fact that it was drawn up by the attoinev for mining
interests not noted for their liberal treatment of labor, to put it mildly;
that it was engineered through the legislature by the representatives of
the great foreign mining interests; the fact that it was sprung on the
legislature in the closing days of the session, when there was no oppor
tumt “for its careful consideration and comparison with the enactments
of states where the plan had been tried—ail gave evidence of a care
iully-executed plan to put one over on the legislature. That tms
was successfully accomplished there is now not the least doubt. The
mine managers of Southeastern Alaska have succeeded in foisting upon
the miners of this great territory a measure which ties their hands com
pletely in cases of personal injury suits, and instead of giving them
greater protection under the law, takes away from them legal rights ex
pressly enacted by the legislature of two years ago. In otner woid^,
instead of being called a “workmen’s compensation act,” t'he measure
should be designated by the title so aptly applied by J. H. vohb oi
Juneau—“An act to restrict the liability of employers.”
One of the first things to strike the reader of the act under con
sideration is that section in reference to beneficiaries. After making
provision for the payment of a sum of money to the dependent widow
and children or parents of a miner who has been killed m the discharge
of the duties of his employment, the act says:
In those cases where such deceased employe is. at the time <>f his or her death, un
married, and leaves no children nor father nor mother dependent upon him or tier as
above .-perilled, the employer .-hall be required to pay the funeral expenses of the de
ceased, not to exceed $150. and such other expenses, if any. arising after the injury and
before the death, not to exceed the further sum of $150.
Acts of other states dealing with workmen’s compensation pro
vide that other relatives than parents and wife and children may be
come beneficiaries in case of the death of the employe upon whom they
were dependent. Under the provision just quoted there is an incentive
to the employer to engage only those who have no families, with the
object in view of restricting their obligations in case of the employe s
death by accident to the bare funeral expenses. No provision whatever
is made for compensation for dependent relatives unless they should be
of the immediate family of the deceased.
Actions for the recovery of compensation under the provisions of
the act must be brought in the judicial division m which the injury oc
curred, and “any attempt to bring such action in any court outside of
the territory of Alaska shall work a forfeiture of the right of the plaintiff
to compensation under this act.” This provision would debar such
cases as that of a recent one m which a widow in Seattle received dam
ages against an Alaska company for the death of her husband. The
GROCERIES
FOOTWEAR
Terrs McMahon,
GENERAL MERCHANDISE
FLAT CiTY
MINERS' OUTFITS
HARDWARE |
“fluft ' _B Geld St., Flat City
| |J 0 ^j^H( j|jf ^^#8^ Mrs. Geo. Mutchler, Prop.
Niooly Furnished Rooms Barn for Hersss and Dogs Baths in Connection
I Second St. SOsTAROD MEAT CO» Ph°ne is
surviving relatives of men killed in the mines are to be put to the ex
pense of bringing suit at places possibly far remote from their place of
residence. In Interior Alaska this section would act as a practical bar
to recovery in many instances, as often the operator is an absentee, and
his principal place of business might be far removed from the scene of
the accident.
The maximum compensation is fixed by the act at $6,000, in the
case of accidental death to a man leaving a widow and several chil
dren. A widow without children may receive $3,000. While these
sums are above the average of the states having enactments on the
subject, and may be considered liberal by the poorly paid miners of
Southeastern Alaska, it is by no means commensurate with the value of
'.he life of an Interior Alaska miner.
But the most audacious stroke of the wily corporation lawyer in
drawing up the act under consideration is contained in the following
clause of Section 33:
"In the event that such employe elects to reject the terms, conditions and provisions
of this act. the rights and remedies thereof shall not apply where an employe brings an
action or takes proceedings to recover damages or compensation for injuries received
growing out of and in the course of his or her employment, except as otherwise provided
j by this act; and in such actions where the employe has rejected the terms of this act the
employer shall have the right to plead and rely upon any and all defenses, including those
at common law. and the rules and defenses of contributory negligence, assumption of risk
I and fellow servant shall apply and be available to the employer unless otherwise provided
! in ibis act. * " *
Under the common law rulings, where in a personal injury case it
was proven that the injury was the result of the carelessness or fault of
a fellow servant, no damages could be collected by the injured employe.
Assumption of risk and contributory negligence were also defenses
! which could be pleaded. The congress of the United Stales some years
| ago made these defenses invalid as applied to accidents to employes of
interstate railroads, which was the extent of its jurisdiction. One of the
creditable acts of the First Alaska legislature was the enactment of a
| law to “fix the liability of employers for personal injuries sustained by
their employes.” In this act it was provided that employers should be
liable for damages to employes or their dependents for injuries or death
resulting from the negligence “of any of their officers, agents or em
ployes, or by reason of any defect or insufficiency due to its or their
negligence,” etc. Section 2 of the act provided that contributory negli
gence should not act as a bar to recovery.
The object of Section 33 of the act under discussion is to compel
employes to accept the provisions of the act, subjecting them, in case of
rejecting them, to a loss of rights already given them by law. Surely
| there was no need of this coercion. It is true that a workingman may
file with the commissioner of the precinct in which he is employed a
! notice of his rejection of the terms of the act, and rely for redress in
case of injury on the old laws: in the case of itinerant workers they
would be compelled to file notices in each precinct in which they
worked. But it is hardly likely that any great number of Alaska work
ingmen will avail themselves of the provision to thus evade the opera
tion of this law at the cost of filing fees in each individual instance. The
consideration shown for the mining companies by the legislature,^ dis
played in the fact that the employer of a thousand men may waive the
benefit of the protection of the act by filing a notice thereof with a
United States commissioner at a cost of $1.50. In case each of fhe
one thousand employes should desire to deny themselves the benefit
of the law, they may do likewise, but it will cost them $1.50 each, or
$1,500, as against the employer’s $1.50.
The blind confidence which the members of the Alaska legislature
displayed in the managers for the great mining interests and their ap
parent willingness to adopt their suggestions for legislation upon this
| important subject as though they were the spokesmen for both em
ployer and employe constitute one of the strangest incidents of the ses
sion, and the people of Alaska will expect more light to be thrown upon
this proceeding.
In the meantime, the compensation act is the law of the territory,
and any miner dissatisfied with its provisions may file a notice to that
effect, in which case he faces the certainty of losing any damage suit
‘hat he may inaugurate because of the ease with which an employer can
prove that his injury was caused through the fault of a fellow work
man, or other specious plea.
The ostensible object of the law was to decrease litigation and in
duce settlement of damage cases out of court, which in itself is a praise
worthy design. As enacted, however, the services of attorneys will be
required in order to look after the applicants’ interests, and the only ob
ject apparently gained is that of limiting the amount of damages which
may be recovered. This m itself is, of course, an important item to the
large employers of labor m dangerous occupations.
The Juneau Empire says with reference to the 'workmen s com
pensation act”: “The circumstance that the bill was prepared, as it
was originally introduced, by those connected with mining companies,
does not detract from it in the least.” This may or may not be true—
all according to the point of view. But why endeavor to gloss over the
fact that the bill was prepared by the mining companies, instead of stat
ing that the measure was prepared “by those connected with mining
companies”? “There has been no ‘lobbying,’ ” says the Empire. “The
cards have all been played above the table.” Here again the persona!
viewpoint is a factor. What constitutes lobbying? Does the extending
of courtesies and privileges to the legislators constitute lobbying? Does
the giving of dinners and making of laudatory speeches to the legis
lators constitute lobbying? Does the appearance before legislative
committees of the big guns of the mining companies in behalf of their
pet measure constitute lobbying? If not, the cards “laid on the table
do not show that there was lobbying done. The Empire s defense of
the companies was penned while the bill was before the legislature.
Why was it necessary to defend them m advance?
A great hubbub is being created by anti-Wickersham newspapers
throughout the territory over the fact that a letter of the delegate, writ
ten in 1912, has been unearthed, injvhich he spoke against govern
ment ownership of the proposed Alaska railroad. The fact is well
j known that that was precisely Judge Wickersham’s position until he
became convinced that by government ownership the only hope of an
Alaska railroad would be realized. After the matter came before con
gress he used every influence for its enactment, and to him is due the
credit for its passage more than to any other man. The object in at
tacking Wickersham at this time on this issue is not quite apparent.
The passage of the “compensation act” and the modification of the
mining law to allow the holders of association claims located prior to
1912 to escape the performance of assessment work for each twenty
acres of mining ground, which the law always contemplated, shows
that the agents of Alaska’s^great corporations were busy at Juneau, and
will make it questionable whether the people themselves wish statehood
to be conferred under present conditions, even if there were the re
motest possibility of such an event. As for “increased power for the
territorial government,” why confer greater power upon officials who
have shown themselves so easily influenced? Judging by what already
has happened, it is quite probable that with increased power for the
territorial government the mining corporations of Southeastern Alaska,
in conjunction with other large alien corporations operating in the terri
tory, would soon make of Alaska an ideal place for the exploiting cor
porations; the interests of the real residents and citizens of the terri
tory would be a minor consideration.
A statement justifying the entrance of Italy into the war was de
livered to the state department at Washington on May 25 by the Italian
ambassador. It says that Germany and Austria, the other members of
the triple alliance, ignored Italy in discussing foreign affairs, and never
consulted her about beginning war against Serbia and the other Euro
pean powers. It is contended that that act alone constituted a breach
of agreement. It was also stated that Austria did not keep faith with
Italy with reference to transferring territory that is inhabited by
Italians. _
The difficulty of communication between Interior Alaska and the
capita! at the time of the legislative sessions suggests the proposition
that no law should be enacted and become operative until after a suc
ceeding session of the legislature at which it was first considered. This
would give full opportunity for all citizens to become acquainted with
contemplated changes in the laws, and prevent the springing of
jokers in the closing hours of the legislative session.
SYNOPSIS OF THE WORKMEN’S COMPENSATION ACT
Section ! describe.-- the scope of the act, |
which applies to all persons or corporation
engaged in mining employing more than five
employes, unless either the employer or the 1
employe elects to reject the terms of the act.
It also provides that in the event of the j
death or injury of an employe in the course I
of his employment he or his beneficiaries j
shall receive compensation in various sums. !
ranging from $6,000 in case of the death of j
m employe who leaves a widow with five •
children ($3,000 in case there be no chil
dren! to various sums designated for loss of j
limbs and members of the body and in vari- j
ous cases of disability.
Section 2 provides for increasing pay- |
incuts where they have been made by the i
company, and it develops afterward that the |
injured employe has received a more seri.nis !
iirury than that for which the company j
paid him.
Section 3 gives the right to the employer
•ai d employe to agree upon a settlement
| where dispute might arise in such cases as
| where the injury is not specifically sched
uled.
Section 4 exempts the employer from lia
bility where the injury was occasioned by .
the willful intention of the employe or by ;
the employe’s intoxication.
Section 5 provides that no compensation ;
j shall be paid during the first two weeks of j
disability, but -hall commence on the fif- j
| teenth day, and compensation for the firs: j
•wo weeks shall be paid if the disability con- i
tinues for eight weeks or longer. (
Section 0 protects the employer from lia
bility to a contractor or sub-contractor, and j
designates those persons as employers.
Section 7 makes the measure and mode ;
of compensation laid down by the act ex- :
elusive of ail other measures or remedies. '
Section 8 provides that step-parent* and '
adopted children shali be construed as bene- j
/iciaries.
Section 9 provides that employes shall fur
ni. ii employers with a statement showing I
the names of his beneficiaries. Failure to j
supply the employer with such statement;
-hull relieve the employer of obligation to j
give notice of the fact that the employe has :
become deceased. In case of the death by
accident of such employe his beneficiaries \
are required to serve notice upon the em- ,
plover within 120 days of his or her claim
for compensation. Such notice may be de- !
livered to the employer or his agent at the t
rr.q 1 -vers principal place of business in j
Aia.-ka, and in the event that the employer j
cannot be found within the territory, and j
has no known agent or place of business !
therein, the notice may be served by publi- !
cation in the judicial division wherein the;
injury arose.
Section 10 provides for the depositing of
the maximum liability under the act. or a |
bond for the same, with the United States j
court.
Section 11 provides for notice to bene- !
ficiaries to appear and make their claim
against the sum so deposited or the bond •
deposited in lieu thereof.
Section ‘ 12 provides that all actions
brought before the depositing of such bond
or such sum shall abate, and the parties j
to said action shall become parties to pro- j
feedings to settle the liability of the cm- I
plover, hut allows the costs to such parties J
in case they prevail in the subsequent pro- i
eeedings.
Section 13 provides for the publication of j
a notice calling all beneficiaries into court, j
Section 14 provides for the filing of claims
anil the answer to such claims in proceed
ings to determine the liability.
Section 15 provides for the trial of issues j
raised by such claim, and answers thereto. I
and for the trial of all issues of fact by the
jury, unless a jury is waived.
Section 16 provides for the return of the
money or a cancellation of the bond in case
no dependents make claim in the district i
'court.
Section 17 provides for the payment of
costs by the employer if the bond is insuffi- I
cient to make the costs and amount awarded j
by the court, and for the return of any un- j
expended sum.
Section IS provides for the entry of judg
ment by the court against the principal and
sureties on the bond.
Section 19 provides for an appeal to the
circuit court of appeals, as in other cases.
Section 20 provides for the consolidation I
of actions, where two or more persons bring j
separate actions to recover compensation as !
beneficiaries. |
Section 21 provides that actions for the |
recovery of compensation shall be brought I
in the courts of the territory.
Section 22 prohibits the bringing of any
action in any court outside of the judicial j
division in which the injury occurred, and
provides that any attempt to bring such ac
tion in any court outside the Territory of
Alaska shall work a forfeiture of the right
to compensation.
Section 23 shall provide for a writ of at
tachment, and provides further that the de
fendant may give sufficient bond and release
any property so attached, which bond shall
be conditioned to pay the judgment.
Section 24 provides for an examination of
Ihe injured employe by a physician fur
nished by the employer. If any employe
refuses to submit to such examination, or
obstructs such examination, his or her rights
to compensation shall be suspended, and his
compensation during such suspension may
Le forfeited.
Section 25 prohibits any agreement to
waive the compensation allowed by the act
or any agreement with the erm l-.vpr
whereby the employer is exempted from lia
bility under the act.
Section 26 provides that all claims for
compensation will be barred unless suit be
commenced for the recovery of same within
two years after the cause of action shall
have accrued.
Section 27 provides that the employer
may be subrogated to the rights of the em
ploye where there is a third person against
whom the employe might have a cause of
action for damages causing the injury for
which the employer pays under the act.
Section 2S provides that it shall be pre
sumed that the art applies to the employer
and employes where more than five persons
are carrying on mining operations in the
territory, and that the employer is relieved
from any other liability than that defined
from the act. unless the act is rejected a.
provided therein.
Section 29 provides that if the employer
rejects the act, then he is liable to the em
ploye for all assumed risks, etc., for the
negligence of fellow servants, for the negli
gence of the employe himself, unless the neg
ligence was willful and the result of intoxica
tion and caused the injury, and gives to the
emph ye the presumption that the negligence
of the master was the approximate cause of
the injury, and throws the burden of proof
upon the master (as in the existing law*.
Section 30 and 31 provide that the em
ployer shall be presumed to have tlected to
pay compensation under the act unless he
files with the United States commissioner
a notice rejecting the act, a form of which
notice is set forth in the section.
Section 33 provides that all employes shall
be presumed to have elected to work under
Ibis act unless they record a notice with the
commissioner rejecting the act, and deliver
a copy of the same to the employer: and
further provides that if the employe rejects
the act and the employer has not rejected
ii. then the employe, in case of suit against
the employer, .-hall be subject to the defense
t.i fellow servant, assumed risk, etc. The
form of the notice to be served by the em
ploye on the employer is set forth in this
section.
Section 34 provides that a notice of elec
tion shall continue for one year, and if the
notice is not renewed at the end of the
year the employer or employe shall be eon
sioced to have determined to come under
the act at the end of the year. Thus it will
cost each individual miner SI.50 a year in
surance against the operation of the act.
Section 35 provides that after having
given notice to reject the act. either em
ploye or employe may waive such notice in
writing, which may be lecorded with the
United States commissioner.
Section 36 provides that where both the
employer and employe reject the term of
thp act, the liability of the emplyoer shall
be the same as though the employe had not
elected to reject the terms of the act; in
other words, it shall be in accordance with
existing law.
Section 37 prohibits the assignment ot
claims for compensation due hereunder, and
provides that all such claims shall be ex
empt from execution.
Section 38 provides that the term “em
ployer” shall apply to any person, partner
ship. corporation, etc., employing live or
more men.
Section 30 defines the meaning of the
words “mining operations” as set forth in
Section 1 of the act.
Sections 40 and 41 define terms used in
the act.
Section 42 provides that a court may de
cide that a suit has no reasonable grounds,
and may assess the costs against the plaintiff.
Section 42 repeals all laws or acts in con
flict with the act.
DAUGHTER IN BREWIS HOME
Mr and Mrs. Jonas Brewis are the proud
parents of a baby daughter who made her
appearance last Sunday afternoon. The
young lady weighed night and a half pounds,
and the mother and infant are reported to
be progressing nicely.
Christy Anthonieson has been about the
busiest man in town this week, unpacking
the new stock of goods which J. L. Sale has
brought in. The stock consists of the latest
things in cut glass, silverware, etc.
PAYS ALASKA MOSQUITO
A WELL-DESERVED TRIBUTE
IT. M. Eakin of Washington, D. C.. of the
United States (Geological Survey employed
in Alaska, yields the palm for bloodthirsti
ness and general all-around depravity to the
Alaska mosquito. While a geologist and
mineralogi-t, M \ Eakin has been forced
thr<” jh his many trips through the wilds
to ircome also more or less of a zoologist,
especially where mosquitos are concerned,
and he has interested himself enough it*
the matter to collect data as to the habits
of the insect.
“The Alaska mosquito has no rivals when
i; comes to personal bravery, fierceness and
meanness/' lie said. “I have had much ex
perience with mosquitos, including those
which reside dong the Missouri river in
the Dakota--. The Missouri river mosquito
has long had a reputation as a ferocious in
sect, but in comparison to the beaked p'*r:l
of the North it is merely an incident of
travel. The mo.-quito of the central por
j tions of America has a vacillating character.
I might even go so far as to say that it
diffident and shrinking. When a foe comes
in sight, instead of rushing at the pros
pective meal, this mosquito pauses, hesi
tates and sings a seng to lull the senses of
the victim before coming to bayonet charge.
“The mosquito of Alaska, however, has no
scruples nor delicacy. It advances to the
attack like a maddened hornet and w;l--. -.
no time in mental queries as to whether the
traveler is impregnated with nicotine or not.
It is business first, and the bill i present'd
at once. I am reliably informed that f r
every square foot of territory there are 1 TO
mosquito.-. Thus as even- mosquito di.
turbed by the foot of the passer-by ::ri
frt m his down couch anti pursues the m«d
ticket, you can readily see that by tin- ;:n,
:t man has walked a mile or more he 1. !->
cjuite a few ne s.quitos attached to him - a
convoy.” Juneau Empire.
Professional
Michigan, 133 1 Alaska, 1910
Kentucky, 1391
George Woodruff Albrecht
COUNSELOR AND LAWYER
1D1TAROD, ALASKA
The Pioneer Attorney of Milan <1
E. M. STANTON,
Attorney at Law
Office: Corner Wiil.ov and Second Sts.
Iditarod Pioneer Building
CHAS. E. TAYLOR,
Attorney at Law
BANK BLOCK
First Avenue Iditarod
DR. MOORE,
PHYSICIAN AND SURGEON
DR. H. E. AURiNGER,
Office: Flat City Hospital, Flat City
Consultation Hours in Forenoons and by
Appointment
DR. H. BEHLA,
DENTIST
Will arrive from Chicago on one of the
first boats this spring and will be at his
office in Flat City for about two months.
Best of Everything
ALL THE TIME AT THE
Arcade Cafe
FLAT CITY
Open Dav and Night
OPEN DAY AND NIGHT
CAFE
FLAT CITY HOHBACK & DURAND
Bet. the Grand and Bagoy's Bars
THE BEST ALL THE TIME
WE ARE HERE TO STAY
Regina Hole!
First-Class Accommodations
COMMODIOUS LOBBY
LARCE, AIRY ROOMS
YOUR PATRONAGE SOLICITED
MRS. N. P. GILMORE
Seward Gold Sea! Pacs
ARE THE BEST ON THE MARKET
H. DONNELLEY, discovery, otter
THE BEST OF EVERYTHING ALL THE TIME_
Caribou Cafe
FIRST AVE.
GOOD MEALS
SHORT ORDERS
OPEN DAY AND NIGHT
ROBT. soutar
Prop.