The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-04-20
PRESIDENT HOLDS
LIABILITY MEASURE
UNCONSTITUTIONAL
Is Expected to Veto
Employers Bill in
Present Form.
Action Backed by Opin-
ion Of the Attorney
General

In al probability. President Roosevelt
early this week VIII signify 10 Congress
that no cannot sign The employers la
bIhty bill that recently was passed His
refusal to approve IL viii be based on
the belief. backed by the opinion OF At
torney General Bonaparte, that the bill
is unconstitutional
Mr. Bonaparte has Keen making. az
the direction Of the President, a most
careful examination OF he measure.
There is the highest authority for the
sta-cmenU that the Attorney General IS
disposed 10 nEd that the measure VIII
not stand the constitutional test OF the
Supreme Court IN that case It NAV be
vetoed. or IL may be simply recalled BY
Congress. IN order 10 make necessary,
corrections OF the defects which the At
torney General has discovered
The President is especia iIy- determined
70 have this bill passed in a form which
viii assure its passing uuscathed
through the crucible Of judicial rest
Last session Congress passed an en-
ployers' liability bill, and the court
found 1t unconstitutional From the day
Of the Supreme Courts adverse decision
IT has been assumed and promised that
the bill should be passed again in form
secure from judicial attack
Accordingly II was reported from the
House committee and passed bv the
House IN different form II was mean
while reported from ths Senate Commit
tee on Education and Labor
Errors Were DisTegzrded.
The House bill was taken I'D in the
Senate and passed Effort was made 70
have the Senate substitute the Senate
committee biz. but IL failed. Senator
DOlliver, whose Committee on Educs-
tion and Labor had reported the Senate
draft OF the measure, warned the Senate
that he doubted the coustitutionaliry OF
the House bill; 50 did Senator Clark.
chairman Of the Senate JudiciaFy Com.
mitteei but the Senate would pay no
attention 20 warnings: IL was deter
mined 70 pass the House bin without
change. and IL did 50
The objection Of Senator's DoIIiver.
Clark and other lawyers 10 the House
bin was based on the fact that The
House bill was made 10 apply only 70
Interstate carriers by railway" This.
IT was pointed out constituted a dis
elimination against one class OF inter
state carriers. which might easily be
viewed by the Supreme Court as class
legislation. and therefore unconstitu-
tionaL
When the bill reached President
Roosevelt. he decided. in view % the
uncertainties, 10 submit It 10 Attorney
General Bonaparte for critical exam
ination and an opinionF before signing
it. The President didn't want another
effort with this law 70 fail The At
tOTney General has had the measure
under examination several DAYS, and
Is expected 10 return T. 20 the Presi-
dent, with has opinion. II day or two.
Il is understood that this opinion IS
quite likely 70 be UnfavOrable 10 the
measure; that this matter Of class dis
elimination is the basis OF his expected
criticism; and that as a result Of this
criticism the President viii take steps
10 nave Congress recall the bill and
amend IL with view 10 meeting the
objections raised by Mr. BOnaparte-
May Recall the Bill.
1t is by no means certain that even
the criticisms OF the Attorney General
and the objections Of the President viii
readily convince the legislative author1-
ties that the bill needs any change.
They have been insistent. for some
reason. on passing TIE measure in the
form in which it went 20 the President
Senator DolIiver. when asked why the
curious cl4SSlLlc&llOu OF interstate car
riers should have been made in the
bill, declared frankly. from the Senate
floor, that he couldn't figure Il out.
and that the House committee report
failed 70 explain #. he could think OF
no reason for IL unless some interest
which was anxious that the bill should
not be held constitutional had secured
the adoption OF this language
Incidentally, the rejection OF the bill.
in its present form, VIII be a great vic
tory for Senator La Toilette whose
draft was made the basis Of the Senate
Comuittee's measure. The probability
IS that the measure will 6p<lV pass
IN about the form. in which the DOliI-
bill