The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-01-26
WILL TAKE PLACE OF EMPLOY
ERS LIABILITY LAW.
DECIDED UNCONSTITUTIONAL
Fellow Servant Doctrine is overturn-
ed by the Knox Bill and Rule Of
contributory Negligence is
Greatly Modified.
Ardmoreite Special.

Ardmoreite Special.
Washington, Jan. PA bill of
Importance to hundreds
of thousands of railway employees
throughout the country has been in
troduced in the senate by Senator
Philander c. Knox Of Pennsylvania,
and is now under consideration of
the judiciary committee of that body.
This bill is designed to take the
place OF the employers liability law
which was declared unconstitutional
by the supreme court of the United
States.
The Knox bill makes all railroads
engaged in interstate commerce liza
BILE to their employees for injury in
CURED In service, and to their heirs
in the event of fatal accident. The
fellow servant doctrine is overruled
by the Knox bill and the rule Of
contributory negligence is greatly
modified. Under its terms the mere
fact that an employe is injured or
killed through the negligence Of
fellow employe does not relieve the
employer from liability Nor does
contributory negligence bar an in
iured employe from claiming DANA
ges. 1t merely lessons the amount
Of damage in proportion to the per-
centage of negligence contributed.
Under the terms of this bill no
contract of employment. insurance.
relief benefits, etc, can constitute a
bar or defense to any action brought
to recover damages for personal in
juries or death. Mr.. Knox is looked
upon as one of the greatest lawyers
of the country and 1t Is believed that
in his bill he has met all Of the OBJ
iections raised to the former law by
the supreme court. He believes that
the railroad men deserve this grea-
ter consideration from their employ
ers and he has stated that he pro
poses to urge tins 1il % a vote at
the earliest possible time. In dis
cussing his bill Senator Knox said:
Il have drawn this bill with view
to meeting the objections OF the SUI
preme court to the former law. Con-
gress will be CbligeG 10 take up
this question. for the men employed
upon the railroads are entitled TO a
more human law than that now in
effect. The bill | have drawn will,
| believe. prove effective, but | am
not irrevocably committed to its
phraseology. Personally, | will vel
come all suggestions bearing upon the
subject and | feel sure that from
this and other bills that will be
referred to the Judiciary committee,
the committee will be able to report
bill entirely satisfactory and that
will stand the test of the courts"
| Edward A. Moseley, secretary of
| the interstate commerce commission
is very much in favor of the Knox
bill. In discussing It he said
by lawyers who Heard the decis
ion of the supreme court this bill
Of Senator Knox is said to complete
ly cure the fault found in the Law
that was declared unconstitutional
The Knox bill Is in line with the
senator's actions heretofore He has
always been heartily in sympath.
with efforts to amelorate conditions
surrounding labor. While attorney
general he introduced an innovation
by which the United States was al
lowed to intervene In n private sui
to sustain the validity of a statute
That case what what Is known a
the johnson case and the action o
the department OF justice, of whicl
Senator Knox was then the head, re
suited in having the statute declare,
valid and practically revived. HI
action then resulted in the enforce
ment of the safety appliance act an
recent statistics show that hereb
deaths and injuries to employees er
gagged in train service and in couI
ling and uncoupling cars have not II
creased. while other accidents hav
largely increased"