Daily capital journal. (Salem, Oregon) 1903-1919, 1906-04-14

the "Fellow Servants" principle Of the
common law. II applies 70 railroads IS
common carriers and makes them liable
Tor damages In case Of death or injury
to employees which may be the result
Of negligence Of officers. agents or EN-
ploycs, or defect or lneficieucy Of cars
engines. appliances, machinery. track
roadbed, WAYS or works. Except IN
some states. which have enacted similar
legislation. an employee eaunoi now re
cover FOR injuries which are caused by
the negligence Of fellow servants. The
proposed change in the laws would
place railroad employees on tho same
footing before the law that other peo
pie now enjoy. a very reasonable de.
maud in our opinion
We know of ro single law which has
been employed 90 uauet SO much inius
ticc as thc s1.cullcJ "fcllow servant
law, which is 8n Inheritance Of the
English common law imported into this
country with che EARLY settlers from
England before che Revolution In the
tmc. when this law originated. fellow
servants were 900 acquainted With each
other 1uj if there was reckless, care.
less or incompetent man among them
whose dangerous cbwucicristics were
likely Co ru, the r,rsons ~ bis fellow
servants Boz Jeopardy they were cx
pcct,j io protest agninst that pcrson
being krri iu The same employment.
Under iFs industrial conditions that
have developed w'ih the growth of
mechanical industries. more especially
iu connection with transportation.
there ar, many follow servants never
seen by each other, aui of whose char
acicfI.'iss there is boo mraus N iudR
iur Nrycuhcl,s.. when nn cmploys
of % frm or company performs an act
of earelessncss ot rceklesencss which
results iu che death or injury ~ another
cmploye, she company is cxoucratcd
from responsibility and the blame is
laid upon che sufferer who is accused of
couiributory negligence because he
iidnui protest against ihe employment
did NOT protest against ihe employment
% ihe careless or reckless man whom
very likely De- never met
There BE- not ihe falniesi ray ~ Joe.
tice iu the lnw and it l. decidedly In
conflict With che spirit ~ popular no
oriy A careless telegraph operator
hirel hy o. railroad company because
his services were cheap fails 20 deliver
a holding order and collision results
causing the death of several passengers
anH trainmeu. Tho heirs of the pas
sengers collect damages, bat n those
of the imiumun. l5fi behind In prnury
go into the court, With claims for dam
ages for the ioss of husband or a
son they are promptly met with che r..
ply that the company ls not responsible
fof the act of a "fr'low servant, "
Now d the time 90 end this article
of iniquity. All railroad organizations
ought 90 present strong petitions 20.
the house of Representatives as Wash
layton 20 pass the bin fepsaling the
fellow servants law Ia addition 60.
combined efforts. railroad men ought
10 take up the matter with che mem'
hers Of congress OF their districts aad
urge that this msasuFe VI tafdy justice
be- extended 20 the dependents of long
suffering railroad employees.
A curious Circumstance 10 connection
WITH this Law, which has Inflicted 80
mueh injustice upon Americans. 10 that
10 has been practically repealed 10 the
land of Ice birth. uldef the sonsibly
directed labor interests VI the British
lsles, Laws have been Passed making
railway companies Fssp0rsible for aeei'
dents 70 their employees. n our labor
organizations Would combine for sim
ilar purpose, they would promptly 70,
eeiye their rights
Vigorous action is necessary, Tor the
full force Of cooperation inhuenee will
be sxsrted against this measure Of tar
dy justice.