Freeland tribune. (Freeland, Pa.) 1888-1921, 1893-02-20
DICTATED BY GREED.
LAWS MADE FOR THE RAILROADS
BY THEIR TOOLS.

The position taken by The Herald rela-
tive to the infamous laws limiting the
recovery of damages for the killing of
son, husband or father to not more than
5000 has been subject of widespread
comment and all but universal approval
This legislation was granted at the beck
Of rich corporations upon the request
and for the satisfaction of railway and
other companies which needlessly and
inexcusably jeopardize the life and limbs
Of the people in the operation of their
businesses. The bills looking toward
the enactment of so cowardly and unjust
laws were fathered by men under the
influence of such companies, supported
and pushed by the contaminating meth
DDS of corrupt lobby; treated as pri-
vate measure, to be passed with great
secrecy; slipped through the committees
and the houses of the legislature by the
free application of grease" and have
for a long time disgraced the statutes of
the state 1t is competent to prove the
value of beast which has been de-
stroyed by these modern juggernauts; it
is permissible to establish the actual
value Of property lost by their negli-
gence. Even in the case of injuries to
person not resulting in death, that per-
son may introduce evidence showing to
what extent his earning ability has been
impaired and what is the measure of his
loss in consequence.
Not so If his usefulness has not merely
been reduced, but has instead been ami
hilated by death. In that case they who
have been dependent upon the income
from his labor find limit set by law
against the recovery of more than sum
often pitifully inadequate and almost al
ways ridicuously disproportionate to the
real damage. Such is the discrepancy
between the title of man to damages
for personal injuries and the title of his
family to damages because of his mur-
der that the interests of corporations are
better subserved by his failing to re-
cover, MANNED or crippled for life.
Aside from the fact that they are likely
to find the widow more pliable and
an easier victim of their wheedling or
bulldozing tactics because of inexperi-
ence, grief and often need as well, they
feel easier about going into court with
out the witness of mangled human
body to confront the jury. Perhaps
they might feel this way anyhow, but
now, when awards because of personal
injuries are limited only by the measure
of damages proved, and awards because
of murder are further limited by pal
try sum fixed by law, surely the COM
panies have many additional reasons to
prefer q claim for death to claim for
personal injury.
The frightful possibilities occasioned
by such a tendency of interest can only
be appreciated when one reflects that
commonly the dying and wounded in
the SO called accidents on our great
transportation systems are taken into
the charge of company ambulances,
company attendants and sometimes com
pany hospitals. Without assuming more
and surely to assume more and worse
might be justified by well known occur
rences-it may well be supposed that
under such circumstances an employee
who through carelessness, indifference
or stupidity permitted wounds not neces-
sarily fatal to result in death would not
be very severely punished by his supe-
riors
What he is paid for is to act in the in
terests of the company. The callousness
of such servants of corporations has
more than once been publicly remarked
and is often exhibited in an unwilling
ness to give information of disastrous
accidents to the press for the public
benefit or even to relieve the anxiety
Of almost maddened friends and rela-
tives.
When it is by law made to the roads
advantage to have injuries result in
death, surely the same terrorism might
be employed to compass that end me-
diately, if not directly. The inhumanity
and criminal cruelty of many prominent
railway managers has of late been 80
avowed as to confirm rather than lessen
the horrible suspicion. If it was not to
be utilized-not to be taken advantage
of-for what purpose could such a law
be desired?
1t would be bad enough in all con-
science if such law resulted in an actu-
al maximum recovery of $1,000, but in
practice this is not the case. The corpo-
ration has all the advantage in the mat.
ter and makes a salvage on this amount
in nearly all cases. Such a salvage is
customary not because of any honest
reason for making any deductions, but
simply because it will take q year or
more to reach trial; because during that
time witnesses may die or-as is often
true-fall willing prey to the wiles of
the company; because at best no one can
be sure Of the result of lawsuit; because
reasons for new trials or appeals can
nearly always be found in the flaws of
the trial, and because and chiefly because,
no more than $1,000 can in any event be
recovered. Consequently even in the
clearest and most meritoriotis cases the
attorneys for the claimant are compelled
to recommend settlement at a figure
much below the maximum.
1t is rare that over $500 is paid, and
a A nnn