Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-09
W0RKMEN'S INJURIES
Liability of Railways Discuss
ed in the Senate.
HOUSE BILL CALLED UP
Senator Elkins Wants the Measure
Committed.
WISHES TINE TO STUDY IT
Legal Questions Involved Debated
by the Members-Limita-
tions on States.
WISHES TIME TO STUDY IT

The House Dill regulating the NANNY
of common carriers to their employers
ordinarily known as the emNoyers Ia
bility BILL" was called up in the senate
TODAY Senator Dolliver of Iowa explain
ed the differences on this subject between
the House and Senate bills, the latter nav
ing been reported to the Senate by the
committee on education and labor Inc
House bill was confined to railroads. he
said, while the Senate measure related TO
all common carriers.
Senator Deliver moved that the Senate
bill be substituted for the House bill.
Before this motion could be voted on
Senator Elkins. chairman of the commit
tee on interstate commerce, insisted that
he had not had time to read the DILL ana
he asked that it be referred to the COM
mittee on judiciary. ..,-
II hope" retorted Mr.. Dolliver. the
senator from West Virginia will not add
an element of comedy to the consioera-
ton Of this measure
He continued to say that last year the
ability bill was with the committee OH
interstate commerce many months. ana
was finally "unloaded'' on the committee
on Judiciary and reported and passed In
the last hours of Congress.
Mr.. Elkins said he wanted time to study
the bills and thought the measure shouio
not be passed until tomorrow at least.
Follette) could be present. as the senate
bill had been introduced by him.
Senator Sutherland said there was an
other great difference between the Sen
ate and House bills in addition to the
one mentioned by Mr.. Dolliver. the lat
ter providing that damages should be
paid when injuries are due to the negii-
gence of carrier. which limitation Is not
in the Senate bill. He also thought the
vote on the bill should be postponed until
tomorrow.
Senator Teller Joined in asking that
there be no undue haste He did not
agree with the Senate bill that the rail-
roads Should pay damages when the ac-
cident to the employee is due to his own
negligence. He said he was in favor of
the bill. but wanted a time fixed in the
near future for taking II UP.
After further discussion the Senate de-
cided by vote to proceed with the con-
sideration of the bill today.
Effect on State Laws.
Senator Bacon of Georgia expressed the
state laws upon the subject would be
superseded, but that actions under the
law might be brought in either state or
federal courts.
To this Senator's Foraker and Beveridge
signif1ed their agreement.
L.
ought to go more slowly about enacting
such law. because it involved the ques-
ton. he said. of the relation between the
master and servant and of how far Con-
gress can go in regulating sucharelation-
ship.
Senator's Teller. Elkins, Sutherland and
Scott all spoke in favor Of postponing the
vote on the bill. but when Sena tor Dol
liver MOVED to proceed to the considera-
tfon of the committee substitute for the
House bill the motion was carried.
Senator Elkins' View.
According to Senator Elkins the bill
puts premium on conspiracy by a small
number Of employees to bring about an ac-
cident in order that they may recover
for their own negligence. even though in
the accident fifty or hundred people
might be killed.
Mr.. Dolliver denied that any such thing
was true.
Senator Elkins said be didn't think pub
tic opinion had crystalized around the
bill. which he called the "Dolliver BILL
He wanted to know where the bill was
which was introduced by Senator Knox,
saying that he thought this bill ought to
come before the Senate for consideration
before action was taken on the PROPOSE
ton.
interchange of legal opinions as to
whether or not supreme court would
hold the measure under consideration con-
stttutional. At a late hour this afternoon
no vote had been taken on the bill.
Dolliver Bill Tabled.
Senator Nelson moved to lay on the ia
BILE Senator Delivers motion to substi-
tute the Senate employers liability bill
for the bill passed by the House. The
motion was adopted by a vote of SO yeas
to q nays. Mr.. Nelson's motion was
coupled with the announcement that if it
was adopted he would move to pass the
House hill