The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-02-22
new LIABILITY BILL
STERLING AND Ia TOILETTE IN
PRODUCE MEASURE IN SEN
ATE AND HOUSE.
Said to Have Endorsement Of Railroad
Men-Fixes Responsibilities Of Conn
mon Carriers and Provides That
EmpIoye May Recover Damages, Al
though Negligent.

Washington, Feb. ia compre-
hensive employers liability bill was
introduced in the senate and house
by Senator La Toilette of Wisconsin
and Representative Sterling of Illinois.
The authors say the bill has the in
dorsements of the Brotherhood Of Lo-
connective Engineers, Brotherhood Of
Locomotive Firemen, Enginemen and
Brotherhood of Railroad Trainmen,
and is intended to meet the recent de-
cision of the supreme court by which
the employers liability act of June IL,
1906, was declared unconstitutional
In the event of verdict in favor of
the employe it is required that the
court shall allow as part of the costs
a reasonable attorneys fee, not ex-
ceeding an amount equal to % per
cent of the Judgment recovered, and
an additional fee equal to per cent
of the amount finally recovered for
each appeal. It is made misdemean-
or punishable by fine not exceeding
81 900 or imprisonment not to exceed
six months for an attorney to exact
or receive any fee or compensation
other than or additional to the
amounts so allowed by the courts.
Assumption Of Risk.
An injured employee shall not be
held to have assumed the risk of his
employment in any case where the
violation of law by the carrier con-
tributed to such injury.
One section of the bill specially
makes void any contract, rule or any
device whatsoever the purpose of
which is to exempt the carrier from
liability under the act. The statute
of limitations within which suit can
be brought is fixed at three years.
Receivers of common carriers are
made equally liable to their employees
as are the common carriers. The final
section protects suits which have
been brought in the territories and the
District of Columbia under the act of
June II, 1906, it being contended by
the employers that that act is still
intact in those jurisdictions.
Every common carrier while en-
gagged in interstate or foreign COM
merce or commerce between the pos
sessions of the United States is made
liable to its employees who are injured
while employed in such commerce, if
such injuries are due to the negligence
or mismanagement of an officer or
employee of such carrier, or when due
to defects or insufficiencies in equip
ment. This provision is made equally
applicable to carriers in the territories,
District of Columbia and the Panama
canal zone and carriers engaged in the
transportation of the United States
mails.
Comparative Negligence.
The bill recognizes the doctrine Of
Comparative negligence" as it is now
recognized in the states of Wisconsin,
South Dakota, North Dakota, Nebras-
ka, Nevada, Georgia and Florida and
in the act of congress which was de-
clared unconstitutional. It permits an
employee to recover damages If he has
been guilty of contributory negligence,
but says the party shall diminish the
damages in accordance with the
amount of negligence they may find is
attributable to such employee.
It is provided also that an injured
employee shall not be held to be guilty
of contributory negligence in any case
where the violation of law by the car
rier contributes to such injury, also
that questions Of fact relating to neg
ligence shall be for the jury to de-
termine.