The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-12-15
Friday. December IS, 1905
AN IMPORTANT RAILWAY BILL.

Below We give the text of a bill
when Senator Daniel has introduced
In he senate. It's purpose is to in
crease the liability of railroads for in
Juries TO employes; to minimize Ihe
effect of contributory negligence in
cases OF accident, on the part of m
ployes, when there has been greater
negligence by some official or other
employe of the company and also to
1nValidate any agreement entered into
with the company by an employe tax
ing a relief benefit not to sue the COM
pany in case OF injury.
This IS n Cf the most important
railway measures which has been IN
tTodlced in congress in many years.
It's eject will be to greatly increase
The liability OF railroads to such of
its employees as are injured while in
the performance of their duties.
Should this bill. be passed it remains
10 be seen what effect it will have
on the present system Of relief depart
ments now maintained by the railroad
companies. In cases of accidents which
result only in temporary injuries and
loss of time the employees would harl-
~ AXE advantage of the provisions of
section three of the act if they wished
to continue in the employment of rhe
company; for a suit against the COM
ANY under such circumstances would
most surely be followed by dismissal.
out In cases OF death or y
INJURY or where the party decided no
longer to stay in the service of he
company the legal representatives ct
Ihe deceased, In the first case. and
the person Injured. in the other two
would lind the contract not to sue ne-
cause OF being a beneficiary in the Ie-
lief department no hindrance TO briro-
ing an action for damages.
II congress should pass this law We
nave little doubt that similar mea-
sures will be adopted by many of The
states, so that The law can be made IN
;'pply both to railroads doing business
state limits as well as to those
engaged IN interstate traffic.
The ext of the bill is:
BE 1t enacted by the senate and
mouse of representatives of the United
states of America in congress assem-
oleu' mat every common carrier by
railroad Il in trade or commerce
IN the District of Cn1nmhia on in =,
of the United States, or be-
tween n several states, or between
any territory and another. or between
territory or territories and any
state or states. or the District Of CO.
lumbla. or with foreign nations. shall
oe iaofe 10 any Of its employees, who
occupied in sue trade or COM
nerce. or. in the case of his death. to
MS hcirs at law. for all damages which
may result from the negligence or mis- .
management of any of its officers,
or employees. or by reason of
defect or insufficiency in its cars,
engines, Appliances. machinery. track.
'oadbed way or works. {
Section 2. That in all actions here :
lfter brought against any such COM
non carriers by railroad to recover ;
for personal injuries to an -.
or where such injuries have ,
'esulted in his death, the fact that the |
'ltipioye MAY nave Deen guilty of con- l
negligence shall not bar a
ecOVerN where his cOntributOry negli- '
'ence was slight in comparison to that !
t the employer. I
Section 3. That no contract of en-
loYment. insurance. relief benefit. or ]
ndemn1ty for injury or death entered K
ITO by or on behalf of any employe. =
or the acceptance of any such insur- .
nee. relief benefit, or indemnity by a
ne person entitled thereto. shall con- =,
Litute n bar or defense to any action I"
rought to- recover damages for per-
1nal injuries to or death of such en- q
loye. Y
Section 4. That nothing in this act Ii
hall be held to limit the duty of COM tt
ION carriers by railroads or impair c.
he rights of their employees under the h
ifety-app1iance act of March .. 1893, So
April l. 1896. and March h
1908. ii