The Washington herald., 1907-08-20

Investment; and in determining a par
ticular rate, the proper relation between
that rate and the total net profit Of
operation is so complicated with an IN
finite variety Of other circumstances that
Il is most difficult in rate fixing TO use
the latter 20 affect the former.
The importance OF fixing rates. COM
planned Of as too great ia and Of them
selves, Is much exaggerated: for the over
whelming evidence is, that on the whole.
rates IN this country. especially as COM
pared with those OF all European rail-
roads, many Of which are owned and
operated BY the government. are low. The
chief evil consists in unjust discrimina-
ton In rates between individuals and 10
calities. I do not object to valuation, #
thought relevant to any issue. but I mere
ly deprecate the assumption that it is 10
be the chief means of a great reform in
rates.
WOuId Cheek Loss of Life.
The frightful loss Of life and limb among
the railway employees Of this country.
reaching more than 1000 killed and Is 1000
injured in one year. has properly attract
ed the attention Of Congress and the leg
islatures. 1t makes apparent that service
in connection with trains of a railway is
an extra hazardous business. and may
well call for government supervision and
exceptional rules TO secure the safety Of
passengers and reduce the danger 20 en-
ployes. Congress, years ago. passed
stringent laws for the adoption Of safety
devices to protect both employe and pas
senger On interstate railways With the
same purpose. II has recently limited the
hours Of continuous service for which
employees on such railways may be en-
gagged
Finally, It has regulated the rules for
the liability Of an interstate railroad com
pany TO an empIoye injured in its service.
This IS most important measure, for
an unfortunate lack Of uniformity has
existed heretofore in respect 20 the rules
Of liability IN such cases. dependent on
the court in which the case fas been
tried. The new statute makes everything
uniform as to interstate railroads. Il has
introduced into Federal law what is call
ed the comparative negligence theory. by
which If an employe Is injured. proof Of
negligence on his part does not forfeit
his claim for damages entirely unless the
accident was due solely to his negligence
If there was negligence by the company,
the jury IS authorized 10 apportion the
negligence and award compensation for
the proper part Of the damage to the en-
pioye. and the question Of negligence is
always for the jury.
The most important provision OF this
law. however is that abolishing what is
known as the feliow-servant rule. by
which an employe injured cannot recover
from his employer for injury sustained
through the negligence of co-employe
This rule was incorporated into the law
by Chief Justice Shaw, Of Massachusetts,
on the ground Of public policy. It was
acquiesced Ia by the courts Of England
and Of this country Whatever may have
been the wisdom Of the rule originally. a
change of conditions justifes its abroga.
ton. Public policy can be changed by
statute. so that this exemption from liza
biiity is not secured by the Constitution
10 the railroad companies. The abolition
Of the exemption certainly furnishes "A
strong motive 20 the railroad companies
for the exercise of greater care in the
selection, supervision. and control Of all
Of their employees. which tends not only
to the safety Of their employees. but also
TO the safety Of their passengers.
Few Suits Under New Law.
With these changes, all claims by en-
ployes against railroad companies. except
in a few extreme cases. VIII doubtless
be settled by the railway companies with
out litigation. just as they now settle
without suit substantially all claims for
injuries TO passengers. The validity of
this law is under consideration Oy the Su-
preme Court The only serious doubt in
regard to its consututionality grows out
0f some carelessness Of language in limit
ing its application to interstate railways,
and. therefore. even if the present law
should fan, there viii be no difficulty in
re-enacting il in proper form.
pass now from railway regulation and
the abuses arising In the discharge Of
a public function, 10 the evils which have
grown out Of the combinations existing in
private business. and so come to the sub
ject Of trusts. The combination OF capi-
tai in large plants 10 manufacture goods
with the greatest economy is Just as nee
ess9ry as the assembling Of the parts Of
machine tc the economical and more
rapid manufacture of what in old times.
was made by hand The government
should not interfere with the one any
more than the other. In the proper oper-
alton Of competition the public viii soon
share with the manufacturer the advant-
age in lowered prices. When, however.