WORKMEN'S COMPENSATION by Herman Miles Somers; Anne Ramsay SomersReview by: Frank E. CooperAmerican Bar Association Journal, Vol. 41, No. 3 (MARCH 1955), pp. 251-252Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/25719124 .

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Books for Lawyers

The story of the decla ration OF independence By Dumas Malone. New York: Oxford

University Press. 1954. $10.00. Pages 282.

An interesting and highly valuable source book, which should be in the

library of every lawyer and of every

newspaper and magazine, and indeed of every American citizen that pos sesses a library, is the handsomely bound and profusely illustrated vol

ume, entitled The Story of the Dec laration of Independence, recently (1954) published in New York by

Oxford University Press. The text is by Dumas Malone and

the pictures by Hirst Milhollen and Milton Kaplan. There are 282 large pages, the paper is excellent, the type is large and readable, and the bind

ing is durable and distinctive. The

price is ten dollars and the book is well worth it. The hundreds of

pictures are derived from various sources. Many, if not most," are fa

miliar to students of our history but

there are also many which have not

been previously reproduced. In addi

tion to a facsimile of the original draft in Jefferson's clear handwrit

ing, there is also a facsimile of the Declaration engrossed on parchment in the script of Timothy Matlack, and bearing the signatures of the

signers, as enshrined in the National Archives at Washington. For those who prefer greater legibility there is a type copy without the signatures. In addition, the volume contains

much information about the inci

dents and causes that led to the Dec

laration and a biography of each of

the signers. Altogether, it makes fascinating

reading, especially at this time when

the disintegration of the British Em

pire has progressed so far. Subse

quent to losing the thirteen colonies, Great Britain built up the Empire until at the beginning of the current

century it included about one fourth of the land surface of the earth and a

white population of over 53 millions and unnumbered "natives", besides at least a poetic claim to ruling the waves.

The glittering and resounding gen eralities of natural right, as Rufus Choate called them in 1856, though not intended by the signers to be taken literally, have incited "natives" all over the world to break away from colonial rule and invalidate the claim that the white man's burden was to govern "lesser breeds". In

fact, these "self-evident" principles, which are not self-evident at all, if taken literally, have actuated the

anti-segregation movement within

this country. We are beginning to

take the Declaration seriously, even

though the signers did not.

The text of the Declaration makes

stimulating reading for the Ameri can of today in the light of events and existing conditions. Many of its

resounding phrases reflect in some

degree the ideas of John Locke, the

English philosopher. Some of those

phrases, beginning with the assertion that all men are created equal, will

hardly witlistand criticism today un

less qualified. Indeed, some of the

complaints against George III could be repeated with current internal

applications as reminders; such as

"He has erected a multitude of new

offices and sent hither swarms of offi cers to harass our people, and eat out

their substance." But these tax-gath erers are at least our own. Neverthe

less, if we may smile at some of the

declamatory phrases, we cannot read

the Declaration without realizing that it is a noble document, and the

men who signed it, at the risk of life

and fortune, were valiants who gave an example that has been followed on occasions.

One occasion was the Civil War when the chivalry of the South risked their lives and fortunes in a struggle

which involved, among other prin ciples, a denial of the tenet that all men are born equal.

Eustace Cullinan San Francisco, California

w ORRMEN'S COMPEN SATION. By Herman Miles Somers and Anne Ramsay Somers. New York: John Wiley ir Sons, Inc. 1954.

$6.50. Pages xv, 341. These are days of growing interest

in the problems of social insurance.

The clamor of groups who would convert unemployment compensa tion into a guaranteed annual wage and workmen's compensation into

health and hospitalization insurance

have aroused the concern of many who heretofore have had little oc

casion to consider these fields of the

law.

One aspect of this current demand for cradle to grave security?the role

of workmen's compensation in the

nation's social security structure

is thoughtfully explored by Mr. and

Mrs. Somers. The book has special interest for those who desire an in

troductory survey of the field. They may be surprised to learn that about 1 per cent of employers' payrolls? about $1,300,000,000 annually-is re

quired to support the present work men's compensation program. About one half of this annual outlay goes to injured employees. The remain der is consumed by overhead costs, such as insurance, legal fees and ad

ministration.

The authors review what they deem to be the "conspicuous in

adequacy" of the present program.

Many of their comments may draw

the fire of special interest groups: the

insurance industry may challenge its

description as "an alert beneficiary of the compulsory insurance provi sions of the program"; compensation lawyers representing claimants may take exception to the suggestion that

March, 1955 VoL 41 251

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Books for Lawyers

lump sum settlements are undesir

able, as being conducive to ambu

lance chasing, medical malpractices and malingering. But all concerned with the administration of work

men's compensation will be inter

ested in what the authors have to say. The opening chapters trace the

development of the program. There follows a full treatment of the ques tion of coverage and benefits, with

particular attention being paid to

excluded employments and injuries, and comparative levels (as well as

the adequacy) of cash and medical

benefits.

The next major topic has to do with the use of insurance as a meth od of financing the program. Con

sideration is given to rate-making, variations in the cost of insurance, what proportion of the premium dollar reaches the injured worker, and the controversy as to the com

parative merits of different types of

insurance.

Detailed consideration is also giv en the subject of administration and

litigation. The authors find little to praise in the work of either the

agencies or the courts. This, of

course, is often true when social in surance consultants or labor econo

mists view the operation of legal ma

chinery. Some of their criticisms will

provoke dissents from attorneys who read the book.

Passing to more general consider

ations, the book contains a thought ful discussion concerning programs of safety and occupational health

designed as preventive measures. Particular attention is paid to the

problem of rehabilitation; provoca tive questions are raised whether cer

tain aspects of the administration of the compensation programs operate unfortunately to interfere with the effective work of rehabilitation, which in theory is a key-stone of the whole structure.

Throughout the book, relationship of workmen's compensation to other social insurance is carefully devel

oped.

Frank E. Cooper Detroit, Michigan

American heritage. Vol ume VI, Number 4r December, 1954. American Heritage Publishing Com

pany, distributed by Simon and

Schuster, New York. $2.95. Pages 120. The following mythical inter-office

memorandum reflects this review er's views:

From: Mr. Simon To: Mr. Schuster We have been asked to take over

the distribution of American Heri

age, the magazine of history which is now to be published in book form, that is, with hard covers.

The American Heritage has hith erto been published quarterly. It has been an extraordinarily handsome

publication with fascinating contents but in the magazine class it has

priced itself out of the mass market. While the magazine format has pro vided economies in production costs it has been inappropriate for a pub lication having permanent value. Since few purchasers would wish to discard their magazines, the closet shelf rather than the book shelf be came the repository for old issues. Public acceptance of the venture was not as wide as it might have been be cause purchasers regarded it as a lux

ury magazine item. It was found in

libraries, clubs and a selected sub scriber list rather than in homes gen erally.

Placing it in hard covers and pric ing it at the low level proposed will

bring the publication into the mod erate price book market. For sub scribers to the series, it will be in the

moderately low price book market. It will carry with it in its new market the prestige and luxury value it has built up for itself in the magazine category. It should, therefore, tap a wide market.

Moreover, it is a logical extension of the concept of this publication that its contents, which are perma nent in character, should have a per manent form of binding.

The first volume in this series con

tains, among other things, the first

publication of material from the Oral History Project of Columbia

University. This comprises the recol

lections of Albert Lasker, who was a

central force in the creation of mod ern advertising in America. There is a fascinating letter from Theodore Roosevelt to David Gray, reporting his experiences at the funeral of

King Edward VII. Allan Nevins

provides an illuminating character sketch of Henry Ford. Cleveland

Amory furnishes a study of club life in America. T. Harry Williams in

"Investigation: 1862" reminds us

that the use of the congressional in

vestigatory power for political pur poses is not a new phenomenon in our history. An abridgment of Paul

Horgan's "Great River", the Rio

Grande, is included. The illustra tions are beautifully done and in clude a collection of "Painters of the Plains" by Eugene Kingman.

There are a book review department, a check list of new books and news of history. We are assured a continuity in

standards of editorship by the selec tion of Bruce Catton, author of A Stillness at Appomatox, as editor.

The quality and the price of this and the succeeding volumes of Amer ican Heritage should make this a

successful venture.

Kenneth S. Carlston

University of Illinois Urbana, Illinois

Successful management of matrimonial cases. by Howard Hilton Spellman. New York: Prentice-Hall, Inc. 1954. $5.65.

Pages 306.

This title leads one to expect an

other how-to-do-it book, e.g., how to

win a divorce case. It is that all right, but it is so much more that one meets

surprise and delight as he turns the

pages. At the outset we are reminded that the handling of a matrimonial case calls for more than the solution of a mere legal problem, to wit, for "alleviation of the basic social diffi culties underlying the legal cause of action".

Weight is lent to the author's ob servations by the fact that he is a

practicing lawyer who has won his wisdom the hard way, struggling with litigants and lawyers in New

252 American Bar Association Journal

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