St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-22
THE LIFELrAasiLrTY LIMIT.

That is a most illogical and absurd
law, which the influence of the rail-
ways, the chief beneficiarIes of it,
has had Incorporated in the stat
uteS of most all of the states of
the Union, that limits the award of
damage that may be given the personal
representatives of victim of the neg
ligence of a railway or its operatives to
$1,000. 1t assumes what is palpably
false, that all lives are equally valuable,
and that no life is worth more than the
limit fixed. 1t ignores differences that
are fundamental; differences III talent,
genius. in public service or private re-
lations. The philanthr0pist whose
services to his fellow man are without
value; the inventor, the artist, the man
of business and the professions are
priced the same as the undeveloped
child. yet burden. and only a posi-
bility OF usefulness or uselessness.
By singular inconsistency there is
no limit to the damages a jury may
award the person who is not killed, but
merely manned. The courts are crowd
ed with these personal injury suits, and
there are Instances where the dam
ages awarded are several times the
amount in which the company would
have been mulcteu had it killed the
man outright. instead of Gripping him
for life. 1t is cheaper for a railway
company to kill its passengers. if injury
is unavoidable, than to wound them.
While, of course, railways are as anxious
as any one to avoid these accidents and
to carry their passengers safely to their
destinations, still the incentive must be
to make the accidents as fatal as posi-
BILE if they do occur.
Back of the natural desire of these
corporations to escape with minimum
of liability for the injuries sustained by
their passengers through the neglect of
the operatives. and back of the censure
which their methods of securing these
acts from the legislature merits-for no.
toriously they are bodied through-iies
the greater question of the right and
power of the state to declare and fix
limit on the value of the life of any OF
its citizens. 1t would not assume to do
it for horse or a cow, or even pig;
why should it assume to do it for men?
The determination of the value of any
thing when disputed is a judicial func-
ton, and not legislative one. 1t is for
court aided, its conscience enlight-
ened, by jury to say what was the
value of the horse or cow or pig; and any
court, mindful of its dignity and consti-
tutional prerogative, should resent the
action of any legislature which should
re hou oil
submitted to these acts limiting the
value of the lives of men and women?
Why should they not be equally the
subject of judicial inquiry with the
horse or cow or pig? Why should not
the full value of lives of people be as
certained and awarded, as we'll as those
of animals?
The constitutional convention of the
state of New York had before it the
question of this assumed function of its
legislature. The committee to whom it
was referred reported back unfavorably
the proposition to prohibit the legisa-
ture from fixing any statutory limit on
the damages recoverable in such cases.
When this report came before the con-
ventlon it was overwhelmingly rejected,
and provision will be incorporated i n
their constitution prohibiting such legis-
larion. In this state the life limit has
been the cards of the legislative hood
Ter with which he has played his game
with the treasury of the railways. The
limit of $1,000 was raised to $4,000
largely because the railways refused to
''see' the boodiers behind the bill, and
because they did not think it could pass.
1t did. and III the session of 1891 the
boodlers were duly seen and the repeal
ing bill rushed through. Expostulated
with for his activity, the leading bood-
Ter frankly said that it cost him So, 900 to
get elected; land where else shall get
my money backW