The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-01
KILLED THE BARRIERS BILL
ALSO MEASURE RELATING TO CANNED
FRUITS AND VEGETABLES.
Senate Takes Up Question of Tele-
graph Rates-State Normal Agita-
tiOn-COmmittee Work.

and passed that body with but few dissent
ing votes. The bill provided that in all ac-
tons for damages against corporation or
any persons, for personal injury or death,
it shall not be necessary for the plaintiff
to prove the want of contributory neg@1-
gence on his part, but puts the burden OF
proof as to contributory negligence on the
part of the plaintiff, on to the defendant.
The present law requires plaintiff to prove
the want of such negligence on his part.
The bill came up on the second reading
with a recommendation from the judiciary
committee that it be passed. Mr. Baker
of Martin, at once moved to kill the bill by
striking out the enacting clause. Mr.. Clark
violently opposed the bill, and said it would
increase damage suits to a remarkable eX-
tent, and he charged that the bill was the
result of a scheme by lawyers who bring
damage suits against corporations. Mr..
James declared that all corporations are
opposed to the bill, and they are the only
ones who are. Mr.. Canada favored the
bill and said that out of forty-fve States
the rules of practice as embodied in this
bill were the rules in thirty-f1ve States. He
further said these were the rules of practice
in all United States courts. Mr. Murphy, of
White, opposed the bill and appealed to the
farmers who are members of the House not
to let their prejudice against corporations
run away with their senses, SO as to vote
FOR this bill, because it would make them
so much the more at the mercy of their
hired men who might get injured and bring
suit for damages against them.
The debate on the bill was prolonged. but
the arguments of all the speakers were prac-
tically the same. Those VINO spoke on the
motion were Mr.. Willoughby, Mr. Shideler
and MIR. Whitcomb. of Marion, who opposed
it; Mr.. Brown, who favored 1t; Mr.. King
who was against it, and Mr.. Bonham, Mr.
Artman, Mr.. Caraway, Mr.. Clements and
Mr.. Eichhorn, who were for the bill. Those
who were opposed to the bill held that it
would increase the number of damage suits,
and that damage suits were frequently
brought by discharged employees as spite
work. They further claimed that it would
add to the costs of litigation and that the
bill is in the interest of those lawyers who
persistently attack corporations by damage
suits. Those favoring the bill charged that
frequently in accidents the corporations,
and particularly the railroads, change their
employees who were witnesses to an accident
to other points for the express purpose of
making it difficult for plaintiffs to secure
utory negligence. 1t was also claimed that
nearly all witnesses to an accident are en-
ployes of the corporation sued, and hence
the corporation can change them as it sees
fit. The further argument was made that
the corporation sued is better able finan-
cially to prove the contributory negligence
on the part of the plaintiff than is the
plaintiff able to prove the want of it when
the material witnesses have been trans
ferred to other points
HOW THE CHAMBER VOTED.
Mr.. Eichhorn, in his remarks, said that
the States which have such a law as is now
in force in Indiana are Maine, Massachu-
sets, Connecticut, New York, Indiana,
Michigan, Iowa, Mississippi and Louisiana.
All others have the law as is provided for
in the bill before the House. The motion to
strike out the enacting clause was lost
Those in favor of the bill voted against the
motion and those opposed to the bill voted
for the motion. The vote was as follows:
Yeas-Aikin, Baker of Whitley, Baker of
Martin, Burrier. Clark, Galley, Dilley, Dur
ham, Furness, Glossbrenner, Geisel, Gra-
ham, Green. Hall Hays of Green, Heuring
Holcomb, King, Krick, McGary. Marshall,
Miller, Murphy of Marion Madden, May
Murphy Of White. Myler, Powers. Reece,
Whitcomb of Vigo Whitcomb of Marion,
Williams. Willoughby and Littleton-to-
Nays-Artman, Barlow Blankenship.
Bonham, Brown, Burkhart, Canada, Cara
way, Compton, Clements CraVens of Wash
ington, Gravens of Monroe, Cunningham,
Giants. Hayes, Huff, Hedgecock, Herod,
Herrold, James, kirkpatrick, Knots. LAIR,
Lawrence Left Messick mccarthy Marsh
Morrison, Null, Noel, Osborn, Owen, o. Ban
non, Patterson Rifenburg, Roberts. Roose,
Scott of Montgomery, Scott Of Lawrence,
Somers, Stevens, Shirley, Sullivan, Titus,
Absent-Beardsley. CIaycomb. Cotner,
KerWood, Louttit Manifold, Neal, Roots
and Ross.
The attempt to kill the bill having been
lost, the next was to modify ii by an amend
ment introduced by Mr.. Noel, which pro-
Vides that the law shall apply only in in
juries which result in the death of the per-
son injured, or where the person injured is
under twelve years of age, or where by
reason of the injuries the person injured
is incapacitated from testifying as TO the
circumstances surrounding the injury. This
amendment abridged to a considerable de-
gree the scope of the bill and the ayes and
noes were demanded on the vote which re-
suited in forty-six for the amendment and
fOrty-three against it.
In explanation of his vote Mr. BIanken-
ship raised a great laugh by saying that he
had been sent here Ito represent no cOrpOr-
alton, no man and nothing on earth 1t
was some moments before he could resume
so as to say but all the people" Mr.. Huff
rose to declare that the amendment was de
and that If passed it would have that eff
feet. Those who voted for the amendment
were Akin, Baker of Whitley. Baker of
Martin. Burrier, Clark, Galley, Dilley. Dur
ham, Fuller Furness, Glossbrenner, Geisel.
Graham Hall. Hayes of St. Joseph. Hays of
Green, Heuring, Holcomb, King, Knots.
McGary, Marshall, Messick, Miller, Murphy
OF Marion Null. Murphy of White, Myler,
Noel. Owen, Powers, Patterson. .Reece,
Reser Roose, Schrader. Scott of Montgom-
cry. Shideler, Strong Schaal, Vogel. Whit
comb Of .Xigo, Whitcomb Of Marion, Will
iams, Willoughby and Littlcton
Those against IL were: Altman. Barlow,
Blankenship, Bonham. Brown, Burkhart,
vens of Washington Cravens Of Monroe,
Cunningham, Guilty, Downey, Echhorn.
Feist, Giants. Green, Huff. Hedgecock,
Herod, Herrold. James. Kirkpatrick, LAIR
Lawrence. Left, Madden. Marsh. May. Nor
rison, Osborn. o Bannon, Rifenburg, Rob-
erts, Scott of Lawrence. Somers Stevens.
Shirley. Sullivan, Titus and Wise. There
were 70 for and 10 against the amendment
The absenteeS Were: Beardsley, ClaycOmb
Cotner, Kerwood Krick Louttit, Manifold
McCarty, Neal. Roots and Ross
ORDERED TO THIRD READING.
Mr. Caraway demanded that the absentees
be brought in, but Speaker Littleton said
he did not think the question of sufficient
Importance for this action and Mr.. Cara
way did not press his demand. The bill as
amended was ordered to the third reading.
The BARRIERS bill was taken up as special
order. and it took just fifteen minutes for
the House to Kill it. Mr. James moved to
strike out the enacting clause. and Mr..