New-York tribune., 1906-05-30
LIABILITY BILL SIGNED.
RAILROADS LOSE FIGHT.
Workmen May Noac Collect Dam
ages for Injury.
rBy reiegraph to The Tribune.l ]


Albany Nav 29-The Barnes Liability bill.
extending 10 railroad workmen the same rights
as 70 collection Of damages for injury or death
as those enjoyed by persons not employed by
the railroads was signed by Governor Higgins
tonight 1t was with the exception Of the
Page-Rock Eight Hour bill. the most important
labor measure OF the session. and was fought
bitterly by railroad interests. According TO its
critics II was unconstitutional, but the Governor.
on the ground that railroad corporations. in
the discretion Of the Legislature. may be put in
q class by themselves for legislation, sets this
plea aside for the benefit Of the worllmen.
Under this bill. employees who have the direc-
ton or direct physical charge Of signals rolling
stock or telegraph offices shall not be considered
fellow employees Of an employe injured or killed.
but as the direct representatives Of the manage
nent OF the road The existence OF any defect
In equipment rolling stock, which could be
discovered easily with due diligence on the part
of the road or its employees, shall be considered
evidence Of negligence in court
The enactment Of these provisions. the Gov
ernor holds. will result in greater care on the
part OF the railroads as 10 the safety OF en-
ployes In a memorandum he said:
This bill has been criticised as unconstitu-
tional as including in a class by themselves all
railroad corporations without regard TO the Yari-
GUS duties of employees, ignoring the fact that
large proportion OF railroad employees are I2ol
engaged IN extra hazardous occupations, and
the fact that many occupations outside of rail-
roading are equally hazardous with that of
operating railroad trains; but railroad corpora
lions may, IN the discretion Of the Legislature,
Ae placed IN a class by themselves for many
purposes Of legislation. and. If such classifca-
fior IS in part arbitrary, the courts may limit
the Objectionable clauses by construction as
has been done IN other states.
The hill has also been criticised because 1t
NAV result in creating personal liability the
part Of the negligent fellow servant where no
such liability now exists. In my judgment, this
danger Is more imaginary than real, and no such
liability could arise except where the failure
70 exercise common prudence resulted in in
1I1rv 10 one who himself in the exercise OF
The due care and diligence at the time. The
benefits 70 the employees as class would FAR
outweigh aIy incidental disadvantages.
Governor Higgins also signed the Dowling
biil establishing a procedure for property con-
dernnarion IN street openings in New York.
Al the same time the Governor announced his
veto OF the Steele DemurTage bill. which would
compel railroads 10 furnish freight cars to ship
pera under a penalty OF 81 a day per for
failure TO do so. This bill also was earnestly
opposed by the railroads.
In explaining his disapproval OF the denur
rage bill the Governor said that a similar law
of Texas had been held unconstitutional by the
United States Supreme Court, on the ground
that IL amounted 10 a regulation of commerce
between the states