The Dickinson press., 1903-03-07
Legislative Proceedings

FafSO l::ll: he friends Ut the ral!-
road employees are feeling jubliant over
the success of the personal liability bill
which Jud LaMoure labored so hard to
amend to death. The enacting of the
measure is a matter of humanitarian
ism. All that is needed o is the gov
ernor's signature to make it law-and
there's no question about that.
R. R. EMPLOYEES PERSONAL INJURY BILL.
The passage of house bill No. II in
troduced by Representative Mckenzie
of Stutsman county and providing that
railroad companies shall be responsible
for injuries sustained through the negli-
gence OF ACKNOWLEDGEMENTS a great
deal of interest. 1t was an unusual thing
for a vote of this nature to come up for
final passage and the event accordingly
created a great deal Of interest. For ten
years the railroad employees OF the state,
numbering about $500 men, have en-.
deavored to secure the enactment Of
just such a law as that passed yesterday.
In voting on this bill the combination,
which has been passing bills which they
deem in the interests OF their constitu.
ents, stood together and voted for the
bill carrying by a vote OF % to II.
The vote on the bill:
AySS-DdSOu, NdtIOlI, NdSuCi, AON,
Crane, Hagen, Herbrandson, Jacobson,
donald, Main, Macarthur, Mclean, Plain,
Regain, Simpson, Taylor, Voss, Williams,
Wipperman.
Nays-Brown, Clarke, Fox. Garrett,
Gulack, Hale, LaMoure, Little, Robin
son, Sharpe, Talcott.
Not voting we're: Benson, Devlin,
Geer. Lavayea, Pierce, Swenson, Messrs.
Benson and Pierce being absent and ex-
cused.
When the bill was read Mr.. Hale Of
fered two amendments to the bill. The
first amendment provided that the bill
should apply only to such railroad men
as were actually engaged in handling
trains and the second exempted railroads
in process Of construction from the pro-
visions Of the law.
The first name OF the roll call had
been reached when Mr.. Hale made
known his desires and Mr.. Cox objected
to any amendments at this time. Presi-
dent Bartlett ruled that as the roll call
was begun no amendments could be
made. Mr.. Simpson said that it had
been pretty we'll known that amend
ments would be offered and he believed
that an opportunity should be given Mr..
Hale to offer the same.
Mr.. Cox withdrew his objection, saying
that he was not aware that amendments
were to be offered and Senator Hale
delegated as the man to do the offering.
Mr.. Hale read the amendments and
stated that he was in a peculiar position
and was glad that be was not shut
Of from making an explanation
Four years ago he had assisted the
railroad boys in the senate and
he proposed TO help them again.
He ~as Of the opinion that a blow can
not De struck at the large corporations
ui,noa. hiring the small ones also. He
Eas Interested in a small railroad in
Sxlsey county. There were other haz
7r6oas occupations besides railroading,
and farming could be mentioned as one
Farmers were liable TO injury from
th-eshins machines and other things
Few states had a law such as that pro.
posed and it means the death khell al
railroad building in this state. The bill
proposed was simply n which made an
insurance company OF the railroad com
panies, the senator concluded.
Mr.. Simpson said that there was an il.
lussration before the senate of the sue
cess of keeping everlastingly at it in the
fact that the personal injury bill was a,
last before the members for hnal consid.
Grafton. He considered it true that the
legislation proposed was drastic. Legis.
lation which brings about a great change
is always considered drastic. Railroad
ing is a hazardous occupation-the speak
er knew OF none more SO. 1t was only
proper that the members should under
stand the effect Of the amendments pre-
posed. There could be only n result
If the amendment was adopted consider
alton of the bill might as we'll be aban'
doned as it would be of no value to any
one as it would be unconstitutional.
Other states have a law similar to that
now up for consideration, without the
amendment proposed and the constitu.
tionality of the law has been upheld
Ohio has a similar law, as has also Kan.
sas and Iowa. The laws of the state
named have been affirmed by the United
States supreme court. If the amend.
ments proposed were adopted the law
would apply only to a subdivision of A
class of employees and to adopt the
amendments would be fatal to the bill.
The roll was called on the amendment
and and it was defeated and the second
amendment was also voted down.
The VOTE on the bill was then taken
and resulted as already stated-23 to II
in favor of the measure.
Senator Williams of Stutsman County
put up a good fight for the railroad boy.
and was a member of the combination
which successfully passed the personal
liability bill. Senator Simpson, the new
senate leader, is entitled to the thanks
OF the railroad employees of the state, fol
had he with others, not organized the com.
bination there would have been no hope
for the bill. 1t would, instead of await
ing the signature of Governor White, be
resting in the graveyard accorded bills
of the kind by the steering committee Of
yore. Senator Lewis of Cass county also
looked after the interests of the bill al
all times.
There was a great demonstration in
the gallery and rear OF the senate cham
Der when Representative McKenzie's
personal injury bill passed. 1t was the
first time during the session that joy wal
evidenced to such an extentin the senate
over the passage of any bill. The boys
given the bill. Representative McKen.
zie, who introduced the personal injury
bill, Is entitled to a good deal of credit
for the fight he made in behalf Of the
measure. He gave up a prospective
place on the railroad committee In intro.
ducing the bill. Messrs. Beck and Fried
from Stutsman were also untiring in their
efforts on behalf of the bill. Tom Dris-
coll of Grand Forks, who represented
the railroad employees, looked after their
interests we'll and the result shows he
was the right man in the right place.
In speaking of Senator Hale's amend.
: ment in reference to the personal injury
| bill the Fargo Call says: 1.-THE bait was
cleverly prepared, but Senator Simpson
of Stark saw the point, and quoting from
supreme court decisions, showed the bill,
if SO amended, would be class legislation
|. and therefore unconstitutional-and that
put a auletus to another corporation ef'
fortD ~ ,icn aavs Simnson