The Barre daily times. (Barre, Vt.) 1897-1959, 1908-10-08
GOV. PR0UTY
lNAUGURATED
Continued from first page.
much better results than does the pres
ent law.

much better results than does the pres
ent law.
Court Procedure.
Another matter which deserves your
attention Is that the superior court doe
kets are loaded with small cases which
come from either the justice or munich
pal courts. Many of these cases should
never be brought TO the county court,
because they are unimportant and should
be determined In the lower courts. In
my opinion, il will be well for the state
TO establish system OF district courts.
giving them exclusive jurisdiction up to
say $500, and in all petty crimes, with
the right OF appeal on points OF law only,
directly TO the supreme court, and pro-
viding for common law jury when de-
manded. We should then give the right
OF appeal from all Justice courts directly
10 THESE district courts, thus insuring a
prompt determination OF all the smaller
eases and at very much less expense
to all parties than il tried in the county
courts.
Employers Liability Act.
The wonderful growth of the industrial
and transportation business of this ooun.
try, the vast and constantly increasing
amount of corporate wealth centralized
in those activities, the great army OF
laborers engaged therein, and the start
ling number OF workmen annually killed
or manned for life as a sacrifice TO our
commercial prosperity, presents situa.
ton unknown to. and not contemplated
by, the common law governing the rela
tive rights and liabilities OF master and
servant.
A realization of this fact that resulted
in the passage by the federal Congress,
and by most of the state legislatures. of
statutes known as employers liability"
acts that so modify the rigor OF the COM
mon law of master and servant as TO
adapt IL To the demands OF justice in
our changed industrial conditions.
|. Under the existing law, ii an EN-.
ployee of a railroad, or OF any OF our
great Industrial corporations, is killed or
injured by the combined negligence of
himself and his employer, however gross
the negligence of the latter may be, re.
e0very of damages is barred. In the
words of our supreme court, il the EN-,
ploye is guilty Of contributory negligence
I'm the least degree there can be no
recovery.
The mere statement of this PROPOSE.
ton demonstrates the injustice OF that
feature Of the existing law as applied
to our present industrial situation.
?. Under the existing law, il an em-
ploye is killed or injured by the negli-
gence of a fellow servant, no recovery
can be had, unless il can be shown that
the employer failed TO exercise reason |
able care to insure the competency OF
the offending fellow servant
This also is unjust in view OF our pres.
emit industrial conditions aud tends TO
induce less vigilance on the part OF cor |
porations in the employment OF compe- |
tent men. In other departments OF bust.
ness an employer is held responsible for
the acts OF MS employe done within the |
scope Of his employment, and there is no /
just reason why the same doctrine |
should not prevail as between master and /
servant in respect OF the acts OF fell |
low servant. Moreover, the existing fel.
low servant law affords tine various la
Dor organizations very reasonable ground /
for insisting that their employer snail /
engage as their fellow servants only /
of their order; for, ii they are /
without remedy when in
iured through the carelessness of their
fellow servants, they should be consulted,
they may well argue, as to the character
and ability Of those with whom they are
TO work.
An employers liability law should be
passed applicable TO all corporations or
ysnized or doing business in this state,
which shall at least remedy the two oh.
features Of the existing law
10 which reference has Just been made,
md should provide first, that in all ac-
ions by servant or his representative,
or death or injuries resulting from a
alleged negligence, "contri.
1utory negligence" shall not bar recoy
ny, but shall 20 only in mitigation of
damages; any contract to the contrary
Second, that in all 4
uch actions, the fact that the injury
complained Of resulted from the careless
,ess Of fellow servant shall be no de-