AN EVE FOR AN EYE.

NZ Truth, Issue 90, 9 March 1907, Page 5

AN EVE FOR AN EYE.

NO SUCH LAW IN NEW ZEALAND.

£8 Odd for a Lost Optic.

What the Worker Muft Expect.

It was "Birdofredum Sawin," one of, Russell Lowell's poetic creations, who, after the Mexican War, viewed what little there was left of him and balanced it evenly with the glory, honor and pay that he had got out of that war. In war the soldier generally seeks glory, unless he is of "the Cchentingent class, and then he is out for bunce or even fowls from a farm roost, which he generally burns ere he departs. Moreover, m Var, human life is reckoned vretty cheap and if a hero does lose his life or a limb or an eye, or any other necessary organ— and After all none are superfluous— he is supposed to balance it with the glory and Honor and put his trust m a grateful Country to do the right thing by him, which, a grateful country generally does by allowing him to perish as a pauper m some poor-house. Now, however, "Truth" is not dealing with the horrors, or the honors, or even the glories of war ; but with what too frequently happens m these piping times* of -peace (even though individual warfare is evet being waged/in our midst). This is a mercenary age and everything has a cash value, though exceptions can occasionally be made to human life and limb ; gnd at no time can it be said that the PRICE PLACED ON HUMAN LIFE oir limb is anything like it should be. / This also is a democratic age ; a world where the ■'* worker rules; and the worker, though he cannot himself se,e, or be made to see it, is, only the stepping stone to fame arid fortune, lor political boundelrs and plutocratic capitalists, . who use his body, much as they use brute beasts, and when worn out with age and care cast him aside and seek fresh human grist for their mercenary, mills. Though to show the working, man, who daily exposes himself to thousands of dangers that he has some sort, of sway and say m moulding his.' country's social, and industrial industries, a ,sdp is^ now and a°"ain tht own to him which assume the Shape of Factories and. other Acts, which limit the hours of sweat, which, by insisting on the erection of a few bits of timber and iron, form some sort of protection against life-destroying machinery,; which, m a word, seek to show the working man what a powerful factor he is m the land, and, as if that were not enough a bone is thrown to him, a bare, Mother Hubbard's cupboafd sort of, hone, which bears the ominous, awte-inspiring title of Workmen's Compensation Act. This Act provides for the amount to be paid to any working man, who, through culpable negligence, not his own of course, receives some dreadful injury and is. incapacitated, perhaps for life, through , that accident. It is a grandmotherly sort of Law and places a .limit oil /the, amount •of comperisatjon to be paid him, and because Parliament, .when it .passed the measure, . , WAS IN A STINGY MOOD, it . looks very much as if when this Act is invoked by any injured man the Judge or Magistrate, having the biggest say, interpret the Act and the Legislature's intention with a vengeance. This observation is justified by the recent case of Hosie v. Jones, heard and decided by Magistrate McArthur at the S.M.s Court the other day. Hosie is a fine, strapping, stalwart specimen of male humanity. He stands nearly 6ft m his stockings and must be considerably over 14 atone. This man, by occupation a miner, had for some time brior to September last been "workIng at Jones Bros.' quarry at Berhampore. While at, this work an accident occurred to Hosie and the result is now that he has totally lost the sight of his right eye. Under the Workmen's Compensation Act Hosie against the Jones firm and claimed £200 ; but Jones Bros, valued the loss of hi£ eye. at a miserable £35. Hosie forced the matter, to Court and Dr. McArthur after heating evidence decided that £35 was a reasonable and just amount of compensation for the loss of that vital and delicate organ. And on such evidence, too! It was on the evidence of "other blood-sucking, sweating employers of male labor. Their key-note right through was that m such work as quarrying and mining a . one-eyed man was the eaual of a man whose visual organs 'were unimpaired. To "Truth," at anyrate, it seems incredible ithat a Magistrate of Dr. McArthur's ability, and* experience, his, knowledge of the world, and the skill and clear-sight-edness required of any artisan, should be so beguiled t and led astray from his clear path of duty as to give effect to the opinion that a one-eyed man is the equal of a man of equal artisan skill with TWO CLEAR BRIGHT EYES. If Magistrate McArthua: does not know it, then he should learn it, that miners not only m New Zealand, Australia and England, but m every civilised country have constantly refused to work with a one-eyed fellow, worker, not because he was not their equal, but because being half-sighted he is liable to imperil and endanger their lives and limbs, and anybody who knows anything of coal-mining can very easily understand the apprehensions of coal-miners at work m the same pit as a one-eyed man. Moreover, is not the loss 6f eye-sight m a bread-winner worthy of compensation ? Is the loss of comfort, is pain and is injury not just as much entitled to consideration as the value of that eye to a moneygrubbine: contractor, who would probably seek j, hundred pounds solatium if one of his horses was injured as was Hosie. Out of the £35 paid into Court it will be of further interest to learn how much Hosie received. Unsuccessful suitors m Law cases must, of course, always be prepared for an adverse, and pay the penalty of failure. After having "aid le^al, medical and witnesses' expenses, Hosie was handed a checme for the munificent sum of £8 15s Bd. Just fancy, £8 15s 8d for the loss of an eye, and this is what is called Justice IN DEMOCRATIC NEW ZEALAND, M the Workers' Paradise," where a Workmen's Compensation Aqt is m

existence'! Of course, Hosie will be told that he was foolish m going tp La>. Who is there, anyhow, that would regard £35 as an adequate recompense for such an injury. The lawyers of course got the best of the deal, and it is here said to the credit of the legal firm, Messrs Field, Luckie and Toogood, that they treated Hosie with every consideration and were barely repaid for the trouble they took m fighting his claim. £10 was what Skerrett and Wylie got, and care was of course taken that their fee arid.the witnesses'expenses were deducted from the £35 ere it, or what was left of it, got into Hosie's hands. It is plain that even m much boomed New Zealani.l, democratic New Zealand, "the workers' paradise," the working man is as badly off as ever. What protection is he afforded against loss ot life, dreadful injury, loss of comfort, pain, etc. ? None whatever. This talk of the working-man being topdoe: is all moonshine. By our Law Court decisions he is not on the same level as the brute beast of burden he can be maimed and broken and crippled for life. It is not for him to place a cash value on his life of limb. He is only a workinghorse and his BOSS can always be relied on for putting his value on his liiinwn horses' damaere, and the Law, Courts can always be relied on to see eye to eye with the Boss.