Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1895-05-02

they simply obeyed orders ana discharred
their duty. Should they be denied al
right Of redress against an employer who
takes man in his service so fncornpetent
or negligent as 10 precipitate such disasters
II VIII not do TO say that the employer was un-
aware OF the habits or fnefaciency of the
sWitchman or dispatcher It should be his
duty TO keep himself informed Passengers
injured In such wrecks would have a cause OF
action Why should it not be equally the duty
OF the master to protect its employees in such
cases as have stated
Disasters Of the kind described have oc-
CURED It would not be difficult TO multiply
instances similar in nature, IL not in detail
Such cases illustrate the unreasonable in
Justice OF the harsh rule of the common law,
and demonstrate the necessity OF some ma
tersal modification Of It. The force Of this me-
cessity has been recognized both in England
and America
the master was first announced. it has been
greatly mitfgated by the statuary enactment.
and In its application to servants operating
railway trains almost wholly abrogated.
A number Of the American states have en-
tirely changed the rule of the common law, in
80 far as it applies TO the employees Of railroad
corporations Section 2002 of the Iowa code
provides that
Every corporation operating q railway shall
be liable for all damages sustained by any per-
consequence OF the neglect of agents, or by any
mismanagement Of the engineers or other en-
ployes OF the corporation. and in consequence
OF the willful wrongs. whether OF commission
or omission, OF such agents. engineers or other
employees, when such wrongs are in any man.
ner connected with the use and operation OF
any railway on or about which they shall be
employed And NO contract which restricts
such liability shall be legal or binding"
Laws Of similar import. and more or less
mDrelenSfve. g
been enacted in Georgia. Wisconsin, Kansas.
Florida, Massachusetts, Minnesota, Montana.
Wyoming and others In Mississippi the new
and better doctrine was Incorporated in the
constitution adopted IA 1890. The 1881 section
OF that instrument provides that Every en-
ploye Of any railroad corporation shall have the
same right and remedies for any injuries suf-
fe-ed by him from the act or omission of said
corporation or its employees are allowed by
law to other persons not employees, etc
When the necessity of a more humane and
enlightened rule-one more in harmony with
the altered conditions of our later civilization
is being SO generally recognized both in
our own country and abroad. why should
Missouri stand obstinate in the path of prog
ress, and cling stubborniy to ancient prece-
dent which is fast coming under the ban of
universal disapproval2 Why should not Mis-
souri, enact a law for the proper protection of
the 3, COO men employed in operating the rail-
roads of this state: Why should Missouri
postpone to the very last, much less deny, any
modification OF a rule, unjust in itself. which
never had legislative Sanction. but exists pure
~ as the creation Of judicial precedent. and
which stands almost universally condemned by
public opinion:
venture to assert that there are not ten
men in a thousand who would conscientious
ly deny that right Of action should exist
in such cases as 1 have above described.
Why then do We persist in perretuating a
rule OF law which shuts the door of the court
room in the face Of men who have suffered in
juries for which, in all good conscience and
fairness, aS matter OF wise public policy and
simple justice, they should have redress.
win not say. for do not believe. that there
is no man honestly and coIScientiously op-
posed on principle to q measure of the kind in
question It would be difficult to propose any
important measure Of legislation or public
policy which would be free from criticism or
opposition from all quarters; and there are
some men, often very good men. SO constituted
that their natural sphere is one OF the opposi-
ton But this 1 say. without fear OF serious
contradiction, that statute of the character
proposed could be easily enacted if the tre-
mendous influences OF the railroad corporations
were not concentrated in constant and active
opposition
Is there one to doubt that such a law would
find place on the statute books il that oppo-
sition did not exist: And why do the corpora
lions oppose it, Only because it would result
in increasing to some extent their own pecuni-
airy liabilities. I know Of no other reason for
airy liability in this behalf is in itself the de-
NAL OF a right to others which should not be
denied. Considerations Of that character can
not justify the maintenance OF rule of law
which. IL not wrong in its inception, has been
SO widened in the scope Of its application that
manifest injustice is now frequently done I'M
der its operation. would not do the least in
justice to railroad corporations. But they
should do justice themselves: they should not
seek an advantage, nor strive to avoid
just responsibilities. Especially should they
not resort to vicious or improper means
to perpetuate an advantage that ought not ex-
list at all In view of the premises. conf
IDENTIFY appeal to the general assembly to enact
q just and liberal measure Of legislation on this
subject while at the same time urge the ne
cessity of exercising every possible care in its
preparation, SO as to prevent any abuse OF its
provisions.
may be pardoned for diverting at this juno
ture to a contention put forth since my proc1a-
nation converting the general assembly to the
effect that while the governor may submit any
given subject of legislation at special ses-
sion. he can only do so in general terms and can
not, in anywise, limit the extent to which the
general assembly may go when IL comes to deal
with that subject From that premises it Is con-
tended that when the legislature is called for the
purpose OF defining by law the relations and
liabilities which should exist between railroad
corporations and their employees, that call au-
thorizes the law-making power. under the con-
stitution, to take jurisdiction Of the whole
embrace in their enactments all other classes
OF employers and employees
The language Of the constitution Is IS fol-
lows:
The general assembly shall have no power,
when convened in extra session by the COVER
nor. to act upon subjects other than those
specially designated in the proclamation by
which the session is called, or recommended
by special message to its consideration by the
governor after it shall have been convened
The subject specially designated in the
proclamation is to define the relations between
railroad corporations and their employees, and
to FIX the legal liability OF such corporations
for an injury done to one employe by the neg
llgence Of another employe. Railroads are
semi-public corporations, engaged in semi
public business, and their servants are subject
to peculiar and extraordinary dangers in the
prosecution Of service in which the public,
in one sense. Is as much concerned as are the
corporate masters in another sense. am un-
able TO perceive any possible similarity or log
icai connection between such corporations and
private corporation or individual engaged in
mining manufacturing or other purely
private pursuits But however that may be,
still submit. with due Inspect, that the Ian
guage OF the constitution Is so simple. concise