Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-01-30

ployes object to the provision that the
com panies shall not be liable to the in
jures for the fault of q co-employe, if
due care and diligence have been exer-
cised in the selection. Now these en-
ployes are only human and therefore fall
liable. They certainly can not demand
from the companies greater perfection
that they themselves are able to render.
They are experts, the most competent
than can be gotten. They make mis-
takes for which the company is liable.
Now in their mental responsibility they
can not demand more than they give. l
do not know what just answer could be
made to that argument, but if there is l
would like to hear it. l am willing to
concede that with this law it would be
difficult for these men to prove case
for damages for injury before a
Jury; because l know from my
court experience that railroad corpora
tions always have the better of it, because
no man in the employ of corporation is
going to sacrifice his position by stating
facts that would damage the company.
While that is hard and harsh it is the best
we can do, and we must be bound by 1t
and submit ourselves to a condition of
things that can not be obviated. These
are considerations that ought to influence
us in this matter"
Mr.. Hubbell: "When my friend from
Dona Ana made the motion to lay the
employees substitute on the table moved
to lay the committee substitute on the
table also, for the reason that the en-
ployes prefer to leave the matter as it is
rather than accept this other substitute.
l did not think that the gentleman from
Dona Ana would try and bull-doze this
council. He seemed t., have lost some of
his control. I have noticed that when
ever a thing does not go one way he gets
very much excited. The employees re-
quest this substitute to be laid on the
table and to allow the present law to
stand. l am willing to lay all of them on
the table, and say the council is unwilling
to pass the employees bill or substitute
and that the employees will not accept
the compromise of the council. We might
Just as we'll drop the matter and go on
with legislation that is demanded, or the
employees may come to satisfactory
compromise and we can pass it. They
say this substitute is no good to them on
account of the due diligence and care re-
quired in the hill and that they could not
present the necessary evidence before a
jury. I am willing to lay all the matter
on the table,"
Mr.. Fall: II rise to question of per-
sonal privilege. l want it distinctly I'M
derstood that am not trying to bull
doze anybody. run no bluffs on any
body and do not allow them to run any
on me. I was just as indignant when
these railroad employees SAID they would
not accept this substitute as l would have
been had Judge Waldo given US notice to
pass no railroa bill. I will neither sub
init to the dictation of these 5000 men
and all their votes nor to the dictatlon
of the corporations; and I am just as in
dignant on the one proposition as am
on the other. They say adopt this or
nothing. am sworn to do my duty and
intend to perform it as near
as possible; are we merely automatons
or so many nickel in the slot machines,
to be dictated to by the employees on the
one side and the corporations on the other
No one man can dictate to this council,
and these men who are only class can
not do it either. If you allow this dicta-
ton, they may call us per urers or worse.
We are men sitting here as judges upon
the bench, sworn to do our duty. We
have no strings on us from the railroads
or the employees"
The question then occurred on the mo-
ton to lay the employees substitute, the
one marked, No. 2, on the table, and it
was carried by 8 to 4. Messrs. Burns,
Fall, Hall, Patterson, Pine, Saint, San
chez and the president voted aye; and
Messrs. Hubbell, Martinez, Valverde and
Veeder voted no.
The committees substitute on motion
of Mr.. Fall was then made a special
order for Wednesday next.
THIS MORNINGS SESSION.
The house met at 10 a. m. and the fol-
lowing committees reported;
Mr.. Sanchez, from the committee on
territorial affairs, favorably on H. B. Nos.
66, n, 70 and II, which reports were
adopted:
The finance committee, through Mr..
Hubbell, reported favorably on c. B.
Nos. 81, SO, AZ and 40, which reports were
adopted.
Mr.. Fall from the special committee to
investigate the Worlds fair commission
reported the findings and the same were
referred to the committee on territorial
affairs.
The judiciary committee reported
favorably on H. B. No. Sc; and also that
- Bill.No. be amended. This report
was referred back for amendment; also
favorably on H. B. No. so, and on G. Bills
| u -, Ii 1.
amended and passed. These reports were
adopted, and Mr.. Fall called the attention
to the fact that they were only ajority
reports as he had not concurred in any of
them.
Mr.. Patterson moved that the council
resolve into committee of the whole to
consider G. B. No. II, providing test for
Illuminating oils and to appoint an oil
inspector, which was adopted.
The first four sections of this bill were
considered and passed on Friday.
A substitute offered for section s, by
Mr.. Patterson, was then read. 1t pro-
vides for an inspection fee of 30 cents
per barrel for lots of not more than five
barrels, and grading down to 10 cents for
lots of over fifty barrels; and that tanks
examined shall be at the rate of fifty-fve
gallons per barrel; that said inspector
shall keep record of all approvals and
reflections of oil, the name of the manu-
facturer, the amount of fees, etc., and
make monthly returns to the territorial
inspector.
Section 6, making it felony TO wrong
fully approve any oil below $50 fire test,
and providing fine of not less than $500
nor more than $4,000, or not less than six
months nor more than two years impris-
onment, was read and adopted.
Section Z, that all brands and certif-
Gates of the inspectors shall be kept
nrominenflv noatad xaa neYt rand nd