Document omgdMBmdmGVQEr3YLnnNkB4E

m mi tr.-'s?;*. rt -i 1=' * X1 .`fe UOO fifth Atnua MBCHAHPm TO THE BOARD OT TKOETnOBBt Mr. 1* A. Hitchins, Ch* Mr. H. A. Schultz, T. Ch. Mr. T. P. Ahsaru Mr. Vandiver Brows Mr. Joseph Dilworth Mr. Andrew Tlstohar Mr. D. Barrington Mr. 1* A. Hults Mr. C. I. Leshar Ur. B. D. Saklatwalla Pittsburgh. Pa. March 3, 1958. Mr. X. C. Saysr Hr. B. B. Sayan Mr. A. V. Sherwood Mr. L. T. Villiame Mr. V. P. list t ' At its meeting bald la Pittsburgh on Tebruary 8, 1988, the Board or Trustees passed the following resolution! . ... , HE30L7XD, That the Board of Trustees accept and epproTC tbs report of the Legal Coanittee dated January 51, 1958, and that the Board adopt as tbe sort project on. its resaareh program the study ef the legal principles set forth in the Committae's report, which will Include an analysis of all exist ing statutes, together with a statement of principles that abould govarn tbs coTtrags of occupational disease In compensation laws* - . - I was uncertain as to just what the Board desired to bare included In the bulletin it proposed to here prepared in accordance with the resolution, and took advantage at the first opportunity to discuss the natter with Mr. A.c, Birth, chairmen of the legal conaltte*. Mr. Hlrth was at the Board Meeting and heard all of the dlaouasionu It was obvious that there would be naoessary modifications ef tbs recommendations made by the legal eremittee. At the seme tine the resolution indicated that the Board was of the opinion that there Is need for a further statement of principles which should be included in an Occupational Bisease Act. With this as a basis, Z euggaatad to Mr. Hlrth that he consider the possibility ef discussing, separately, tbs various basic principles which should be included in a proper blli| the material to be presented in a readily under standable. usable and unobjectionable Benner, but In ecnfoimlty with tbs eon* lotion that the foundation must not issue what ouuld be construed as a "modal law". In the ease of existing statutes that may have undesirable provisions, r that may have omitted provisions that it would havs bean desirable to lselude, such provisions night bs disousaed. Mr. Hlrth, after consideration of the subject-matter of our onfer*s*i wrote me wader data of Maroh 17th as follows! PRODUCED JM - 83 I 0 4 '( "After hearing the dlecuscion of the Board of Trustee* with reepect to the reooBaendat 1oas of the Legal Ccaittee concerning future legielatiTi aotirity of the foundation, ul efter talking te roa thia norning, It la *y personal belief that ay ooamittee will reoauead a Modified program that will sot only aatlafy ell concerned, bat trill ececwpllah the eaae parpoae that the original profroa would hare* ^ "first, la eeaaeetioa with those atatee which da not n*w' lure occupational disease legislation, it would he ay reoeaaaadatioa that rather then prepare e so-called nodal occupational disease act, achedale the rerlona eerdinel prlaelplea whisk la eur eplaioa abevld he included la each legislation ead suggest a specific atatvtery prerrieioa tbet Maid correctly ashreoe each principles, .? v"-^ "Seek each prorialoat world stand oa lte ora feet ead the ewe total would keu ee wore nUtim te lte Mepomt parte than would the sum total of cardinal principles, Certain* ly it ooald aot he interpreted to he e aodel eat. .' "Vhsa information of thie kind la furnished awpleyer . - grewpa who ere interacted in legislation of thio character, they way aeleot all of rash prowl clone er only thoee pro- lelose which in their opinion neet their ladlrldual needs* ... ` ' ' "Secondly, ae to oootvetioael dleeae# acta aow oa the etetute hooka, the eaae treatment could be followed, that in, the PeanrylTnide let could he eaaly ed aad reooMBeudatlona he i' . Made that ecrtala provision* thereof he deleted together with " g eowplete discussion of why they are undesirable. ' ' . ,3 ^ 3 "It could then he pointed out that the eat ae drawn ; doea not contain oertela unwed heeie prlaelplea which should ' he included la eound legislation. A epeoifie provision eonld then, he drafted anbedyiag each ef suck principles, , . &i "The mechanica of the foregoing plan could heat he Il lustrated by Hr. Vetera presentlag e Staple to the Board of .v Trustees at its asxt meeting. ' ^5. . - ^ ... "X ate eeadiag a copy ef thie letter to Hr. Vetera > - - together with a request that he prepare a aengle eat up fur j yuur consideration*" Hy purpose la thie ia te hTa reedy far the Board of Trustees at lte next meeting an azhlhit ef e type of helpful legal analysis daaigned te went the wlshea of the Board as indicated hy the reeolation adopted Pehraary itk, at the eaae tlae te keep within the Unite expreeeed ia the dieauselea hy the -"*< PR00UCFr' JM -' c./ ) v.y ** Bill ha larlteft to 1>e protest at the ext aoetlic. wy }** will to opportvaltr to determine Uslaltolj whet it i desired to bare doae la the aettor, *bot*b4w 1b teat to the aanbere of the Board of Trustee* for thalr lafonutlon* "V'<**.>* :* H. b. Bailer 9 Maaeclac Slroetor \ #< / y, f.,. PRODUCED JM-83