Norwich Bulletin Newspaper, October 28, 1914, Page 7

STATE MUST PAY IN SIBLEY CASE Compensation Commissioner Decides the Windham County Sheriff Was Employe Within the Meaning of the Statute —Orders Payment of $10 Per Week for 312 Weeks— Also for Medical Expenses and $100 for Burial Expenses. of Windham cousnty at the time of his death last January, was a servant of the stato of Connecticut, and his widow Kate B, Sibley, as a dependent is en- titled to compensation under the work- men's compensation law, according to a_decision made by Commissioner Dr. James J. Donohue of the Second dlstrict, and which was filed Tuesday with the clerk of the superior court or Windham county. The compensation commissioner or- ders that the respondent in' this case, which is the state of Connecticut pay the sum of one hurdred doliars, burial expenses of the deceased, together with such medjeal, surgical and hospital at- tendance, if any, as was necessitated during the period between Sheriff Sib- ley’s injury and his death, and that the respondent pay to the claimant, Mrs, Sibley, the sum of ten dollars per week for the period of three hun- dred and twelve weeks. Tn his finding and award Dr. Don- ohue says that the facts in this case are substantially undisputed. Sherifi Sibley, who was on his way on the af- ternoon of Jan. 2, 1814, to a meeting with the state’s attorney at Putnam, undertook to board a trolley car going to Putnam, at a point nearly in front of the city hall in Danielson. While attempting to get on the car, it started unexpectedly and threw him to the ground. This fall produced a cerebral hemorrhage, which resulted in his death a short time aferward. He died as a result of an injury sus- tained by him while in the perform- ance of his official duties and it was sustained by him without serious and wilfyl misconduct on his part and «was not caused by any intoxication on_his part. Sheriff, Sibley was born in 1840 apd while advanced in years, he was up to the time of the fall above mentioned, in_gnod health for a man of his age. The claimant, Kate B. Sibley, was the wife of the deceased, Preston B. Sibley, was living with him at the 1ime of his injury and receiving sup- port, from him and was depcndent up- on him for support within the mean- ing of Chapter 138 of the Public Acts ofmw. No difficulty arises in finding as a fact that Sheriff Sthley died as a re- sult of injuries sustained by hfm, aris- ing out of and in the course of his employment, provided he can properly te said to have been an employe with- in the meaning of the compensation act of cticut. The principal question to he decided is therefore ‘whether the sheriff was an employe of the state within the meaning of the etatute, I am forced to the conclu- sion that he was such an employe and Preston B. Sibley, who was shcrifil 8o find. Commissioner Denchue further says in his decision that: It is perbaps to be regretted that the legislattre did not sec fit to give to a compersrtion commissioner the power to find the factr and reserve de- cisions of law in novel and unusual cases fcr advice of the courts in a matter analagous to the familiar pro- cess of reservation, but as no. such power was glven. the resporsibility necessarily devolves upon the com- miseioner. It is assumed from the informal dis- cussion of counsel which took place at the time of the hearing that this case will ultimately go to the supreme court of tire state, and in order that the reasons for making the decision may fully appear, a memorandum of decision accompanles this finding and award, which memorandum of decis- fon is hereby referred to and made a part hareof, in order that it may be available on appeal. Memorandum of Decision. The memorandum of decision gives the following conmsideration of the case: The case at bar appears to be a case of first impression, on which very little light is shed by the numt S re- ported decisions under either m“flrlt- ish compensation law, or the decisicns of our sister states, some 21 in num- ber, which have in one way or an- other adopted this principle of legis- lation, Paragraph 25 of our Act gives the commissioner the right to inform him- self by written and printed records of such facts as are best calculated to ascertain the substantial rights of the parties and to carry out justly, the spirit of the Act. Even without this express provision of law, any person exercising quasi judicial func- tions would have the right to take ju- dicial notice of well known facts of political history. Both from the ex- press words of the section above quoted and from the principle of ju- dicial notice, found: (a) Among English sgpeaking peoples the principle of Workmen's Compen- sation was_ first recognized in Great Britain. Of the twenty o@d American states which have since legisiated on this subject, most, if not all, have bor- rowed largely from the very language of the British Act. Chief Justice Rugg of the Supreme Court of Massachu- setts in the opinion in McNicholg case, 215 Mass., page 499, uses this language: “The exact words to be interpreted are found in the English Workmen's Com- pensation Act and doubtless come thence into our Act. Therefore deci- sions of English courts before the adoption of our Act are entitled to ‘weight.” (b) The convérse of this is also true, for the same judge speaking for the same court in Gaynor's case recently decided and reported in Massachusetts Industrial Accident Board's Bulletin No. 7, page 124, in speaking about the difference in phraseology between cer- tain sections of the Massachusetts Act and the British Act'says that this dif- ference in phraseology cannot be treat- ed as unintentional, but must be re- garded as deliberately designed and says that this consideration is to be noted ‘because the English Act was followed in many respects closely by our act and hence even slight dif- ferences of phraseology may be as- sumed to have significance. (c) The subject of Workmen's Com- pensation in Connecticut has been be- fore the people of the state for a considerable period of time. Twa dif- ferent commissions to investigate and report on this subject have been ap-~ pointed by two different governors. The last commission made a report which was to a large extent the basis of our present statute, (d) At the session of the general assembly in 1913, the judiciary com- mittee and the committee on labor, sitting together, made an exhaustive examination of this entire fleld ot leg- islation. They held many hearings and had before them the statutes of & number of our sister states, from several of which they taok hodily whole gections and paragraphs, notably so from the statutes of Wisconsin and Michigan. (e) The legislature of Wisconsin in defining the term “employee” has used in their Act general terms very sim- ilar to those used in paragraph 43 of our Act, and evidently considered that these general terms were sufficient to include public officials because ‘they place after these general terms the following exceptions: “except any of- flicial of the state or of any county, city, town, village or school district thLerein.” (f) The state of Michigan also uses similar general terms. followed by ex- ceptions in a'most the same language. (g) Illinois, Iowa, Minnesota and Nebraska took the same course. The exact language of the Nebrasim statute is interesting. We quote: “Every person in the service of the state or of any governmental agency created by it, under any appointment or contract, either expressed or im- plied, oral or written, but shall not include any official of the state or of any governmental agency created by it. who shall have been elected or ap: pointed for a Teégular term of office or to complete the unexpired portion of any regular term.” A Decision in Point. California does not have this express exception from its general definitfon of employes, and accordingly we find in Vol 1, ph 11, of the De- cisions of Industrial Accident Commis- sion of California, an award made to the widow of a town marshal in the town of Rocklin, the marshal having met with ap accident, resultlng in death, while engaged in the perform- ance of his duty. This decision was rendered July, 1914, and is more near- Iy in point tha nany other decizmion which I have been able to find. Bearing in mind the principles laid down by Judge Rugg in the Gaynor case, the action of the Connecticut legislature in leaving out of paragraph 43 any exception as to public officials is very significant. They had before them for study all of these statutes. Had they desired to exclude public officials.and their dependents from the operation of the Act, it would have been very easy to so state, and the omission to exclude this class of per- sons is significant, v Sheriff an Employe of State. It is true as argued by the state that in one sense of the word, there is no contract between a public offi- cer and the state ang the sole legal doubt which presents itself to my mind is, as to whether the term used “any the following may De Resinol heals itching skins roughness and dandruff, Sold by all druggists Beware of “substitutes” RESINOL OINTMENT, with Resinol Soap, stops itching instantly, quickly and easily heals the most distressing cases of eczema, rash or other tormenting skin or scalp eruption, and clears away pimples, blackheads, redness, have proved only a waste of time and money. Physicians have prescribed Resinol for eighteen years and every druggist in the country sells Resinol Soap and Resinol Oint- ment. For free trial, write to Dept. 3-T, Resinol, Baltimore, Md. when other treatments No Alum— No Dyspepsia Look to the food. Eat heartily of hot ‘breads, hot biscuit, hot cakes, made light and tasty with Royal Baking Povv./der, and snap your §ngers at dyspepsia. It is the tasty, ap- petizing food that aids digestion. There isa quality in Royal Baking Powder coming from the purity, wholesomeness and fitness of its ingredients, which promotes di- gestion. Food raised by it will not distress. This peculiarity of Royal has been noted by hygienists and physicians, and they are accordingly earnest in its praise, especially recommending it in the preparation of food for those ROYAL BAKING POWDER Absolutely Pure of delicate digestion. No Alum contract” is sufficiently broad to cover a quasi contract such as exists be- tween the state and a public official. Undoubtedly the quasi contract has an obligation and the obligation may be founded upon a statutory fiicial or customary duty. Also it is true that emp'oyer and employe are correl- ative terms. It seems to me clear that the state used the services of Sheriff Sibley for hire and that he was an employe of the stdte. It is argued by the state that be- cause the official title of Chapter 138 of the Public Acts of 1913 reads: “An Act concerning compensation to work- men injured in the course of their em- ployment,” therefore it carries with it the idea” simply of compensating per- =ons who are engaged in manual labor. This claim we are unable to fo'low for a variety of reasons. The title of a statute cannot control or vary the meaning of the enacting part if the latter is plain and unambiguous, The legislature does not use the phrase workmen anywhere in the Act except in Sec. 13 and in the title and sub-title. It does use the words em- ploye and employer, and in section 43 it proceeds to define them. By that section the state is expressly included. It is a familiar doctrine that when the state is epressly named in a statute it is bound the same as the indi- Who Is a Workman? As already indicated among the English speaking peoples the original source of this kind of legislation was the Act of Great Britain. The phrase workman in the British Act is thus defined: “Workman” does not include any person employed otherwise than by way of manual labor whose re- muneration exceeds two hundred and fifty pounds a year. or a person whose employment is of a casual natuge and who is employed otherwise than for the purposes of the employer's trade or business or a member of a police force, or an outworker, or a member of the employver’s family dwelling in his house, but, save as aforesaid, means any person who has entered into or works urnder a contract of ser- vice or apprenticeship with an em- ployer, whether by way of manual la- bour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in_writing.” ‘This being the definition given in the Act, the manner in which the meaning of “workmman” is for the purposes of the Act to be ascertained must be arrived ot by a process of exhaustion. It is not correct to say that every person not exciuded in terms from the Act is within it, but it is correct to say that every person not specifically excluded, whose con- tract is one of service with an em- ployer, is included.” i : The differerce between this defini- tion and the language of paragraph 43 of our Act is under the circumstances significant. No Distinction As to Manual Labor. The fact that there is a distinction between the word workman as used in the British Act and the word em- ploye usually found in the American Statutes is commented upon by Mr. Bradbury on page 107 of his work on ‘Workmen's Compensation, and he re- marks on page 108 that no distinction is made between those engaged in manual and other kinds of labor. The word “employe” is not a word judi- cially defined in any extensive line of American decisions for the reason that outside of the Workmen’s Compensa- an improper exercise of discretion and would subject the trier to the criticism epressed by Justice Harlan in his opinion in Bate Refrigerating Company vs. Sulzberger 157 U. S, pg. 36: “In our judgment the language used is so plain and unambiguous that a refusal to recognize its natural, obvious mean- ing would be justly regarded as indi- cating a purpose to change the law by judicial action based upon some supposed policy of congress.” An officer is “the incumbent of an office, one who is lawfully invested with an office.” Manifestly the legal definition of the term “office” is essential to a prop- er_definition of officer. In Rowland vs. Mayor of New York, 83 N. Y. 372, the issue depended to & large extent on the meaning of the word “office.” Judge Danforth, speak- ing for the Court of Appeals on pg. 375, says: “Whether we look into the dictionary of our language, the terms of politics or the diction of common life, we find that whoever has a pub- lc charge or employment or even a particular employment affecting the public, is said to hold or be in o ] In the new Standard Dictionary tl word is defined thus: “A legal right to exercise a public function or em- ployment and to take its lawful emol- uments.” Judge O'Brien, speaking for the N. Y. Court of Appeals in_People vs. Duane, 121 N. Y, on pg. 375, says that the term “officer” means the right te exercise generally, and in all proper cases the functions of a public trust or employment.” In two cases cited on the same page the Supreme Court of the United States has used sim- ilar language in deflning this term. It will thus be seen that from the time of Blackstone down to date, the idea of “employment” has been an important element of an office. ‘When the term “employe” is used, as i nthis statute, it would seem to strain the language to hold that a person chosen for such a public employment as sheriff was not embraced under the term of “employe.” DIVIDENDS CREDITED ON POLICIES NOT TAXABLE. Judge ;Thomas GGives Decision of Im- portance to Life Insurance Com- panies, Hartford, Conn., Oct. 27.—A decision of much interest to life insurance companies was handed down today by Judge Edwin S. Thomas of the Uti- effect that dividends credited to poli- ted States district court to the genera! cy holders to reduce premium, or to be applied to reneval insurance, were not taxable as income under the corpo- ration income tax law. The decision was given in the case of the Connecticut General Life Insur- ance company and the Connecticut Mutual Life Insurance company. against Robert O, Eaton as collector nf internal revenue for the district nf Connecticut. The government and insurance people in general have been much interested in the outcome of the suits which, it is believed will be car- ried to the United States court of ap- peals. The suits were brought to re- cover taxes paid under protest on the claim that they were illegally assessed. A decree is directed for the Connecti- cut General Life to recover approx- imately $£2,200 with interest. The re- covery .awarded to the Connecticut Mutual” Life aggregates more than tion Act it is seldom found except in connection with other words such as operatives, laborers and the like, and where go used it has been held that although the word “employe” is broad and comprehensive, it must be limited by the more specific words “opera- ‘Lé\'ea" and “laborers” connected with A very large number of cases are to be found in the last edition of Labatt Master & Servant, Vol. 5. beginning with paragraph 1941 and especially in paragraph 1946, in which the terms workmen, mechanics, operators. and the like are discussed and defined. But, these decisions throw little, if any, light upon the question under con- sideration. All of these cases, so far as I have examined them, arise un- der statutes regarding preference from benkrupt or insolvent employ- ers, where it was found that the pur- pose of legislation, in passing the Act under discussion, was to give such a preference only to those receiving what is commonly spoken of as wages rather than that class of persons re- ceiving salaries. In the last edition of the Standard Dictionary the word is defined as “one who works for wages or a salary.” Language Is Plain. The line of cases zalso to be found in which great attention is paid to the title of an Act can have but little, if any force in this state. Of course we have no constitutional provision about the titles of statutes in connection with their interpretation as is the case in many of our sister states. Whatever may be thought about the policy of the legislature or its purpose in pass- ing the Act in_ question, it seems to me that to hold that Sheriff Sibley was not an employe of the state, and that his widow would not come within the orovisions of the Act. would be $24,000. Worried Over Furniture Company’s Promises. The case of the Grand Raplds Fur- niture Co., said to have furniture clubs througnout the state, is being eagerly followed by many Cennecticut people Who have been members of furniture clubs of this concern for a year or more and who have been paying twen- ty-five cents a week for that time. It is furthermore stated that most all the peopls who are or have been mem- bers of one of these furniture clubs have the entire amount of $17.50 near- ly paid up, and none have yet beem found who have received anything for thelr money. Some who went to Bridgeport, the home office of the company, found the office closed and a large number of people waiting about the doo. When the $17.50 was pald in, it was never quite encugh to buy any article selected and a balance was always required, it is claimed. T Highway Contracts Awarded. Highway Commissioner C. J. Ben- nett has awarded contracts for work on_highwave as follows: Preston—A section of native stone macadam rcad to the A, D. ‘Bridges Sons, Incorporated, of Hazardville, for $8.000. Coventry—1,700 linear feet of naiive stone macadam to the A. D. Bridges Sons, incorporated, of Hazardville, for $6,493.59 For State Highways Sealed bids have been received at the office of the state highway missioner for the following of highway jmprovement: Preston—About 4,990 linear feet of ections native stone macadam or gravel con- struction. Sterling—About 5,480 linear feet of native stone macadami or gravel con- struction. Coventry-—About 4,700 lipear feet of native stone macadam construction. Old Lyme—Construction of abyt- ments and approaches with the erec- tion of an 80-foot span three-hinged steel girder arch bridge. AT THE AUDITORIUM. Raymend Teal and Company. For the second day of their appear- ance in Norwich at the Auditorium Raymond Teal and company presented Finnegan's Alley at both afternoon and evening performances on Tuesday be- fore large sized audiences. J: s P, Lee made a hit as Larry Finnegan and Raymond Teal as Jake Shulz, the saloonkeeper, took the house by storm. Pretty Madeline Lee took the part of Katie Schultz and LeRoy Kinslow as Patrick Finnegan, the dude son, cre- ated a good deal of mirth. The pro- duction was given in two acts and en- tirely new scenery was used. A few of the musical numbers were, Won't You Take Me Back Again, When 1 Come, Back, By the Zuyder Zee and ‘When I Want to Settle Down, KNITTING FOR RED CROSS. Committee of Ladies In Charge of Local Arrangements and Informa- tion. In response to many personal in- quiries regarding the knitting, meking and sending of garments to Ameri- can Red Cross society for the. sick and wounded soldiers in the European war a committee of ladies having knowledge of the necessary details has been put in charge of this matter. Any information congerning work. ma- terials, patterns, etc., ¢an be obtained at the United Workers house No. 9 Washington street, on Monday and Tuesday mornings between the hours of 10 and 12 o'clock, is the announce- ment made by Caroline R. Perkins, secretary and treasurer of Norwich chapter of the American National Red Cross society. p Final certificate of dissolution ot the Dasrosiers Clothing company of New London has been filed with the secretary of state. Laugh At Dyspepsia By Simply using a Stuart’s Dyspeps Tablet After Any Meal You Want to Eat. It sounds almost ridiculous to think of eating a big meal without pain and discomfort afterwards, doesn't it? Well, try this simple _remedy demonstrate its truth. You know that 12 men (a _jury) decide the laws of our land. Not only have 12 men O. K.’d Stuart's Dyspepsia Tablets, but fundreds of thousands as well. “What do | care about this meal? A little Stuart’s Dyspepsia Tablet will digest it easily for m. Just think! One ingredient contained in Stuart’s Dyspepsia Tablets will di- gest 3,000 times its weight in food. Doesn’t this tell you that such ald to your body means relieving your distress from food? What the thousands are daily do- ing you can surely do. tion of stomach and digestive troubles has been relleved by Stuart's Dys- pepsia Tablets, They have been tested and tried for vears. They are this nation's greatest dyspepsia remedy. They are sold wherever drugs are sold. Surely this manner of proof is all you need to know what course to pursue. If any man can prepare a better remedy than Stuart's Dyspepsia Tab- lets he can make millions of dollars. Is_there a better one? Why not use this hint to awaken your common sense and make you go to your d=usetst today and buy a box. To anyone wishing a free trial of these tablets please address F. A. Stuart Co., 150 Stuart Bldg.,, Marshall, Mich., and ;l small sample package will be mailed ree T | orteous & Mjicchel (o WOMEN'S SAMPLE SUITS Today will bring the most notable Sale of Women’s “Suits held this Fall at this store. $35.00 Sample Suits at $2475 Being Sample Coats there is only one of a kind, Redingote and Short Coat models in all the most fashionabi most favored actual $35.00 Sul&his.&-: $24-75 le materials and $32.50 Sample Suits at $19.50: Just 15 of these Suits, in very smart styles, from makers. These are regular $2500 t New York offered Today &t..... one of the Tyest $32.50 Sadts, teenrdenn o $19.50 Children’s Department--Second Fioor Wash Dresses at 98¢ Mothers should see qur shewing of Wagh Dresses at 98c. Made of handseme combinations of Plaid Ginghams and unsurpassed in qual- ity and workmanship at the price— all sizes at 98¢ each. HIL‘D"RENI’(S;;?QTS .fl good qu .Iiy C:rdul" With quilted Iy o nav 205 2 0 5 years—oxceliont value at Corduroy Dressis at $3.98 Smart styles in Chilidren’s Cordu- roy Dresses, splemdidly made Dresses, in all the most favored and Bear Skin, rown Boucle Coats, MISS A. L. MELVILLE, representing the: Colum- bia Portrait Co., will be here Today only. During her stay we will register on the free medallion cards just double the amount the purchase slips call for. When you are in the store today inquire of any of the salespeople about the free medallion offer. - Greatest $5.00 Trimmed Hats Offered This Season value up to $9.98 1¥’s- doing big things like this that has carned for us the :qud- You get an exclusive style, there being only one of a kind. Other good values in Wome n’s Dress Hats at— 98 EQUAL TO $1 — HATS SOLD == AT $3.00 $ 98 EQUAL TO 2 - HATS SOLD = AT $398 98 EQUAL TO —— HATS SOLD TTTAT 8500 PECIAL SALE of fine Ostrich Plumes—bl: ‘white nd colors—at T e R o S o ey soancls Whits and’ o KNIT UNDERWEAR A COMPLETE SHOWING OF EVERY GOOD KIND OF FALL AND WINTER WEIGHT UNDERWEAR For Women, Misses’ Children and Infants w are now showing an unusually large variety styles and kinds of Fall and Winter Weight Under- of wear for Women, Misses, Children and Infants. hmb’ Underwear All Styles ‘We carry a large assortment of Infants’ Winter Weight Ribbed Vests and Bands, ranging in price from 25¢ for a good, heavy weight vest up to $1.25 for a fine quallty Silk Vest. We particularly recommend our Children’s Union Sui Underwear = ’, Children’s X535y Every good kind of Children’s Underwear is here— Vests, Pants and Union Suits. Our Fleecy-lned Underwear at 35c and Ribbed Wool Underwear at 50c are unsurpassed for value. Girle'—at 50c and $1.00. The Suits at $1.00 are the well-known Mun- sing make. We_are local agents for “Duofold® Underwear for ° Children— Union Suits and Separa garments. We also show “Dr. Denton's” Sleeping Garments for Children. Recommended by physicians. They’re knit have elastic seame and knit at feet to protect the child from cold—50c, 62/2c and 75c a Suit, ac- cording to size, Underwear Women’s Z"%0enl. ‘Womens Fleecy-lined Ribbed Vests and Pants, both high and Dutch neck, regular and extra large sizes for large women—splendid value at the price—25c each. Women’s and Union Suits. womm’s f;fl;;a\od ‘Wool ‘Women's Silk and Wool Winter Weight Ribbed Vests and Pants— both regular and extra large sizes —our own special value at $1.00 a garment. Union Suits , Women’s S Snis Women's Medium Weight Ribbed Union Suits, in all the most de- smirable styles, long and short sleeves, ankle and knee lengths—, extra good value at 50c a garment. We show the weli-known “Richelieu” Women’s 2"t At this price we show an unus- ually large line of Women's Under- wear, medium and heavy weight, long and short sleeves, ankle and knee length pants, regular and ex- tra large sizes—all good value at 50c Underwear—A Remarkable Showing at $1.00 Our line of Women’s Underwear at $1.00 is broad and ulitfy'ng ine cluding all the best makes, in both plain and ribbed—in Vests, Pa nts Plain_Vests 9 Women's Jii%sine Wo sell the “Bristol” flat wool, dbust form, garments. The old re- liable make that ‘every woman Is familiar with—white and natural wool, at 75c, $1.00 and $1.50. Women's Urignsvits * Women's Ribbed Union Suits, me- Glum and winter weight, resular and extra large sizes, every wanted style and kind—our special value Suits at $1.00 a garment. Union Suits for women. Mads in one pisce and SEAMLESS, and particularly adapted for the present style of tight-fitting and in every wanted style at w°men's Better Gr: Union Suits We sell the well-known *Mun- sing” Union Suits for women—both Wwhite and netural wool, in a va- ricty of different grades at $1.00 to $330 a suic, cwns. 1.00, $1.50 and $2.00 a suit. They come in cotton and in wool, s Silk and Wool Women’s S50 5188 Women’s Silk and Wool Ribbed Union Suits, in both regular and extra large Sizes—one of our lead- g values—Special price $1.85 a t for all sizes. fiummmmuumuumwunmm e R k] L] el