A THE DISTRICT OF COLUMBIA HEARING BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA UNITED STATES SENATE SEVENTIETH CONGRESS FIRST SESSION ON S. 1653 A BILL RELATING TO ASSURING COMPENSATION FOR S. 2025 A BILL CREATING THE DISTRICT OF COLUMBIA INSURANCE FUND FOR THE BENEFIT OF EMPLOYEES INJURED AND THE DEPENDENTS OF EMPLOYEES KILLED IN EMPLOYMENT, PROVIDING FOR THE ADMINISTRATION OF SUCH FUND BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, AND AUTHORIZING AN APPROPRIATION THEREFOR PART 1 FEBRUARY 7, 1928 Printed for the use of the Committee on the District of Columbia WORKMEN'S ACCIDENT COMPENSATION ACT TUESDAY, FEBRUARY 7, 1928 UNITED STATES SENATE, SUBCOMMITTEE ON INSURANCE AND BANKS OF THE The subcommittee on insurance and banks met, pursuant to notice, in the committee room, Capitol, at 10 o'clock a. m., Senator John J. Blaine (chairman) presiding. Present: Senators Blaine (chairman), Sackett and Edwards. Senator BLAINE. Gentlemen, it is 10 o'clock, and we will proceed. I understand that this subject of workmen's compensation has been a matter of consideration for the last several years for the District of Columbia. I can not refrain from expressing my surprise that a workmen's compensation act has not been enacted for the District of Columbia, especially when there are those who tell us that only the Federal Government can be trusted; that the States never fulfill their duties, a doctrine, of course, to which I do not subscribe. As proof of it I might suggest that the absence of a workmen's compensation act for the District of Columbia indicates that the Federal Government, as far as its jurisdiction is concerned over the District of Columbia, is about 20 years behind the times. Now I would like to have noted the appearances. I presume there are four sides to this proposition, the workingmen-who represents the workmen ? Mr. WALLACE. Edgar Wallace, representing American Federation of Labor; J. R. Hood, representing the wood, wire, and metal lathers; C. G. Sipes, representing Brotherhood Painters and Decorators; J. Edward Faulconer, representing sheet metal workers; B. A. O'Leary, representing Independent Brotherhood of Electrical Workers; J. M. Botts, representing Steam Fitters' and Helpers' Association; N. A. James, representing Brotherhood of Firemen and Oilers; Agnes King, representing Women Upholsterers and Seamstresses; G. E. King, representing Bakery Salesmen, affiliated with the International Brotherhood of Teamsters, Chauffers, Stablemen, and Helpers; H. S. Hollohan, representing Carpenters' Local 132; W. C. Smulcer, representing Stationary Firemen, and others. Senator BLAINE. Another party is the employers. Will you indicate who represents that group? Mr. EVERETT. W. W. Everett, chairman, Workmen's Compensation Committee, Board of Trade for the District of Columbia; General Stephan, representing Merchants and Manufacturers Association; Dorsey Hyde, representing Washington Chamber of Commerce; A. A. Von Thaden, representing Chamber of Commerce of the United States; Stanley Horner, representing the Automotive Industry. I am appearing as chairman of the committee representing all employers. Senator BLAINE. Then, I understand, the insurance companies have representatives. Will they announce their appearances, please? Mr. JANISCH. I represent the mutual insurance interests, and my name is H. P. Janisch, Chicago, Ill. Mr. SHERMAN. P. Tecumseh Sherman, representing a group of stock casualty companies. Senator BLAINE. The fourth group, which is included, is the public. Is there anyone representing the District of Columbia as such? Mr. EVERETT. Mr. Chairman, there will be a representative of the chamber of commerce. I am vice president of the Washington Board of Trade. The president could not come this morning, so I will have to represent them. General Stephan, the head of the Merchants & Manufacturers Association, will also be here. Mr. Horner, of the Automotive Association, Mr. Phillips of the realestate board, and Mr. Von Thaden from the United States Chamber of Commerce. There are also other associations. Senator BLAINE. But there is no official of the District of Columbia who is here, I assume? Mr. EVERETT. No, sir. The CLERK. I notified the superintendent of insurance, but he is not here yet. Senator BLAINE. Well, he may be here later. Now, there are two bills before us, as follows: [S. 1653, Seventieth Congress, first session] A BILL Relating to assuring compensation for accidental injuries or death of employees in certain occupations in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act shall be known as the District of Columbia workmen's compensation act. SEC. 2. That it shall be the duty of the superintendent of insurance of the District of Columbia to administer this act in addition to the duties now imposed upon him by law and the title of said superintendent of insurance shall be changed to that of superintendent of insurance and compensation commissioner. That wherever the words "compensation commissioner " are herein referred to in this act, the words are defined to mean the superintendent of insurance and compensation commissioner of the District of Columbia. SEC. 3. Any investigation, inquiry, or hearing which the compensation commissioner is authorized to hold or undertake may be held or undertaken by or before any deputy commissioner, and every order made by a deputy commissioner, when approved and confirmed by the compensation commissioner and so shown on his record of proceedings, shall be deemed to be the order of the compensation commissioner. SEC. 4. The office of the compensation commissioner shall be open for the transaction of business during all business hours of each and every day, excepting Sunday and legal holidays. All hearings shall be open to the public and shall stand and be adjourned without further notice thereof on its record. All proceedings of the commissioner shall be shown on his record of proceedings, which shall be a public record, and shall contain a record of each case considered and the award made and of all remuneration paid or allowed to any employee of the commissioner or to any other person for services: Provided, however, That any person in the employ of the commissioner who shall divulge any information secured by him in respect to the transactions, property, or business of any person, firm, company or corporation, association, or joint partner ship to any person other than the compensation commissioner or a deputy commissioner shall be guilty of a misdemeanor and subject to a fine or not less than $100 or more than $500, or imprisonment not exceeding twelve months, in the discretion of the court, and shall thereafter be disqualified from holding any appointment with the commissioner. SEC. 5. The compensation commissioner may employ a deputy or deputies, clerks, stenographers, and other assistants, and fix their compensation subject to the written approval of the Commissioners of the District of Columbia. The commissioner shall provide necessary office furniture and supplies for the Said compensation and all necessary expenses shall be audited and paid as other salaries and expenses of the District of Columbia are paid. The commissioner shall provide himself with a seal for the authentication of his orders, awards, and proceedings, upon which shall be inscribed the words "District of Columbia Compensation Commissioner-Official Seal." same. The compensation commissioner and each deputy commissioner shall, before entering upon the duties of his office, take and subscribe to the constitutional oath of office. SEC. 6. The compensation commissioner and each deputy commissioner shall, for purposes contemplated by this act, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, compel the production of pertinent books, pay rolls, accounts, papers, records, documents, and testimony. If a person subpoenaed to attend or in attendance before the compensation commissioner or a deputy commissioner, shall, without reasonable cause, fail or refuse to attend or refuse to be examined or to answer a legal and pertinent question, or to produce a book or paper when ordered to do so by the commissioner or deputy commissioner, the commissioner may apply to any judge of the Supreme Court of the District of Columbia, upon proof by affidavit of the fact, for a rule or order, returnable in not less than two or more than five days, directing such person to show cause before the judge who made the order, or any other judge aforesaid, why he should not be committed to jail; upon the return of such order the judge before whom the matter and such person shall come on for a hearing shall examine under oath such person, and such person shall be given an opportunity to be heard; and if the judge shall determine that such person has failed or refused, without reasonable cause or legal excuse, to attend or to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith commit the offender to jail, there to remain until he submits to do the act which he was SO required to do, or is discharged according to law. SEC. 7. Each officer or person who serves a subpoena issued as aforesaid shall receive the same fee as the marshal would receive where said witness is subpoenaed, and each witness who appears in obedience to a subpoena before the compensation commissioner or a deputy commissioner shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the Supreme Court of the District of Columbia, which shall be audited and paid in the same manner as other expenses hereinbefore provided for. No witness subpoenaed at the instance of a party other than the compensation commissioner or deputy commissioner shall be entitled to compensation, unless the commissioner or deputy shall certify that his testimony was material to the matter investigated. In an investigation the commissioner. may cause depositions of witnesses residing within or without the District to be taken in the manner prescribed by law for like depositions taken in cases pending before the Supreme Court of the District of Columbia. The compensation commissioner shall have authority to appoint, by his written order, any subordinate or other person to serve subpoenas, notices, and all other papers issued by and in his name. SEC. 8. Subject to the provisions of this act, the compensation commissioner shall adopt reasonable and proper rules to govern his procedure, which procedure shall be as summary and simple as reasonably may be. He shall regulate and provide for the kind and character of notices and the service thereof, and in cases of injury by accident to employees the nature and extent of the proofs and evidence and the method of taking and furnishing the same for the establishment of the right to compensation. He shall determine the nature and forms of application of those claiming to be entitled to benefits or compensation, and shall regulate the method of making investigations, physical examinations, and inspections, and prescribe the time within which adjudica |