Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-03-03

est opinion in a case in which a client
against whom he had prejudice was
concerned, than he could go to heaven
this minute.
The report of the committee was
adopted and the bill recommended to
pass. The rules were suspended and
the bill placed upon its third reading
and passed.
OTHER MEASURES.
House Bill 2O4, the new libel law, was
recommended to be indefinitely post
poned.
House Bill 2l4, for the appointment of
conservators for drunkards and spend
thrifts, was recommended to pass.
House Bill 1913, issuance of summons
in certain cases, was indefinitely post
poned. f
House Bill 217, to prevent the fouling
OF wells, was amended and recommended
to pass.
House Bill 2O6, relating to renewal of
chattel mortgages was recommended to
pass.
Senate Bill 1913, relating to labor of
convicts, was recommended to pass.
Senate Bill 142 legalizing irregulari-
ties in formation of school districts was
to pass.
Senate Bill Ill, appropriating $44O to
Leck Il Leck, was recommended to
pass.
Senate Bill 100, appropriation for trav-
cling expenses of railroad commissioners,
was amended and recommended to pass.
THE POISON BILL.
House Bill 178, the anti poison bill, de-
sidered, put upon its third reading and
passed. Mr.. Hare stated that he had
voted against the bill under a misappre-
hension, believing that the stockmen
would oppose it, as it would interfere
with the poisoning of wolves, but he un.
derstood the stockmen were for the bill
as the scattering of poison frequently
caused death among cattle.
COMMITTEE OF THE WHOLE.
House Bill SIS, requiring station agents
at certain stations and sidings, was re-
commended to pass.
THREE CENT FARE BILL.
House Bill No. IA, three cent passen-
ger fare bill, was up for consideration.
Mr.. Wallace moved the indefinite
postponement of the bill.
Mr.. Thomson moved that the bill do
pass.
Mr.. Wallace said from rulings of the
court the past summer the bill was in
operative and unconstitutional.
Mr.. Deisem said that the decision did
not apply to this bill or passenger rates.
The bill was all right.
The substitute motion to report the
bill to pass was adopted.
House Bill No. 159, amendment to
mechanics lien law, was recommended
to pass.
THE PERSONAL DAMAGE LAW.
House Bill No. AZ, liability of railroad
companies for personal damages for neg
ligence of fellow servant. There were
two reports, for and against the bill.
Mr.. Allen moved the adoption of the
minority report to pass.
Mr.. Wallace moved the adoption of
the majority report--to indefinitely
postpone.
Mr.. Allen said the bill was just and
representing class of people that had
none in the legislature. He had rail
roaded long enough to appreciate it's
benefits. The last ten or fifteen years
had made great changes. Improve
ments brought more work and increased
traffic. But work now done was with
the same crew as then--but much more
of it. He alluded to the accident to an
engineer at Mandan, whereby an arm
was lost through the carelessness of an
other employee. He had no redress. He
was much in favor of the bill.
Mr.. Wallace said he was farmer and
employed number of men who used
horses. If any of them were vicious, he
warned the men. II after that they did
not take means to protect or care. for
themselves, he did not feel responsible
AS a shipper of stock, his experience
with freight crews was that they were
instructed to be careful and violated
rules to save themselves little trouble.
A continuation of this kind of legislation
would work against the interests of the
farmers and business men. He thought
the bill was radically wrong.
Mr.. Stevens said he was in full sym
pathy with laboring men. The present
bill was radical change from rules of
law. 1t has always been the law that
where person is injured through negli-
gence of co-laborer, the company is not
liable. Railroad companies employ
large numbers of men and have con
tracts prescribil G certain duties. Courts
have decided that railroading is an extra
hazardous business. A corresponding
scale of wages has been fixed. Employees
know the hazard, and that the company
is bound first, to furnish the best ap-
pliances, machinery, safe road bed, suffi-
GENTLY heavy rails, and all appliances
to properly operate the road. The rail
road has then done all that it ought to
be expected to do. The balance should
be the servants place. If one fello "
servant Injuries another, the corporation
ought not to be liable, unless it con-
tributes thereto. The legislation was
class legislation. If threshing ma
chine explodes, the owner is not liable.
If the grocer's elevator man Injuries
another, the grocer is not liable. The
same is true Of every business except
the railroad company. Again, private
contracts can be made for exemption
from liability for extra hazardous occu-
patton. This bill prohibits such con-
tract between railroad company and
an employe, who is willing to do SO. Tie
question resolved itself to one of preju-
dice against the railroad companies.
Railroad companies were not always bad.
- -