The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-15
A NIGHT SESSION.
House Holds the First One Last
Evening.
Soon Found That There Was
No Quorum.
MR.. HAMS NEW BILL.
Would Revise Law Concerning
Liability of Railroads.
Mr.. HAMS NEW BILL
Settles Forever the Question of
COntributory Negligence.

The first night session of the present
legislature was held by the house of
representatives Thursday night, and
practically the whole time was put in
discussing the amendments to the SEN
ate fish and game law.
A great many changes were made in
the senate bill. Among other things
the open season on quail was cut out,
making it unlawful to shoot quail at
any time 1t was also provided that
fish must not be caught except with
pole and line in any stream, save only
the Missouri and the Kaw below the
Lawrence dam. Rabbits and squir-
rels can be shot at any time without
a hunters license.
Before the discussion of the bill was
over. the question of mo quorum
was raised. and a count showed that
the house did not have a majority of
the members present.
There was not much of a fight on
the plan for holding a night session
when it was proposed Thursday after
noon. The motion to adjourn until
1880 was made by c. B. Kirkland of
Saline county, and although the viva
.-voce vote leaned strongly toward the
Kirkland motion, a division was called
for, and on standing vote. the Kirt-
land motion prevailed about to 1.
Whenever the house begins to take
on night sessions. it is sign that the
legislature is getting in the short rows,
getting worried for fear their local
bills will fall by the wayside in the
grand final dash down the stretch.
A bill was introduced in the house
Thursday afternoon by w. B. Ham of
Rocks and in the senate by Major
Martin of Bourbon. whcih would
throw the railroad companies into
spasms if they thought it had any
show of passing.
The bill is intended 90 make i.
easier for lawyers to recover damages
from railroad companies in case of
death of human beings. and it re-
moves a good many of the legal OBJ
structions which it is claimed have
been placed in the way of damage
suits by the railroad attorneys.
Among other important provisions.
1t is specified that whenever a railroad
company kills a person, the minimum
verdict shall be $4,000. with a posi-
bility of getting any amount up to
100000. The present limit for death
is $4,000, with no minimum.
The bill also provides that any per-
son bringing a suit for a railroad COM
pany for damages, and collecting
Judgment, shall also collect rs per cent
in addition to the judgment to pay at
torney fees and costs.
Contributory negligence on the part
of the person killed shall not bar re-
negligence of the railI DAD company was
greater than that of the victim.
The right of the trial judge to inter-
fere and take the case from the jury or
set aside the verdict is denied The
custom which railroad companies have
of asking a vast number of special
questions for the purpose of confusing
the jury, is stopped by limiting the
special questions to five. 1t is also pro-
vided that in case of a conflict between
the answers to the special questions
and the general verdict. the general
verdict shall govern.
The bill fairly brfstles with provisions
which the railroads will oppose with
the utmost vigor.
1t has many good points.
One of the friends of the bill said in
discussing the bill:
1.-The fact is that the railroad attor-
news have been working along here in
the legislature for years, fixing up the
laws relating to damage suits for kill
ing people so that now it is almost i'm