The Cairo bulletin., 1908-04-10
SENATE PASSES
LIABILITY BILL
GOES THROUGH AS PASSED BY
HOUSE, WITHOUT ANY
AMENDMENT.
.EMpLOYE CAN RECOVER
Even Though injured Through His
Own or Fellow Employees Neg
liaence--tlarriman Campaign
Contribution.

Washington April 9.--The bill rela-
, ting to the liability OF comon carriers
by railroads passed by the house Aplil
I &, was today passed by the senate
without amendment and without di-
vision
The senate bin on the same subject
was not confined TO railroads. but cog-
erred all forms OF common carriers
and Senator Dolliver, who had report.
ed 10 from the committee on education
aud labor, sought to substitute II for
the house bill. but his motion was de
feated, Numerous amendments were
offered but all voted down.
As passed. the bill is expected 10
meet the objecticua of the United
States supr7 court to the common
carrie" ..bility law of 1896, decided
Il ka unconstitutional by the court
fhe bin abolishes the strict common
law liability which bars the recovery
for personal injury or death Of an EN-
ploye, occasioned by the negligence OF
a fellow servant. 1t also relaxes the
common law rule, which makes con.
trbutory negligence defense TO
claims for such injuries, and permits
the employe TO recover for injury
caused BY the negligence OF co-ein,
ploye. The bin does not bar recovery,
even though the injured one contrib
uted by his own negligence TO the IN
jury. The amount of recovery Is di
minished in the same degree that the
negligence Of the injured one contrib
uted to the injury
During the discussion OF the meas
ure, there was extended reference to
campaign contributions BY railroad
men, md especially to the Hartman
'csBtrf,s,ItIvn % the gss-l,aps.=Sss -.s7Ts-
paign fund in 1901 In this eonnee-
tion, Gore cf Oklahoma. read a lettas
dated October IA. 1904 recently pub
lished, which was addressed TO HaFri'
man and signed Theodore Roosevelt
Because the senate bill did not spec.
ify the cause for injury or death OF an
employe, Nelson, of Minnesota, dur
ing the discussion. said he believed
II would be pronounced unconstitution.
al by the supreme court of the United
States.
The bill would make the company
liable for injury or death whether
It related to these services or not.
Two employees of a railroad might.
by their negligence, wreck train
and kill TOO people. said Elkins, and
yet the proposed law would pay foa
the injuries received by those EN-
ployes. He did not believe that It was
r just provision.
Senator William Alden Smith In.
quired whether the bin would facili-
tate interstate commerce. Dolliyer
replied that it was intended to pro
mote the rights of employees of cont
non carriers"
Smith declared that was very i'm
pcrtant question. If, he said there
was no purpose tO facilitate com
merce in the bill he thought the war,
rant for it's constItutionality would
be doubtful.
Hepburn wanted to have II known
that the pending bin was not an un.
mixed blessing as it would substitute
this federal legislation fer legislation
by the states In matters covered by
the bill II would make necessary
the bringing OF suits under this law
In the federal courts. often far from
the place of accident. whereas in the
past they had been taken to nearby
state courts. BY vote of sc to 81
the motion by Senator Dolliyer to sub
stitute the senate for the house bin
was laid on the table.
Senator Carter made a strong plea
that the senate should confine this leg
Station TO railroads as was done by
the house bill
The motion of Dolliver TO amend
the house bill by inserting the words
"all questions Of fact relating TO neg
ligence shall be for the jury 10 deter.
mine" was defeated after Dolllver
said it was intended to be 4 suggestion
10 judges that they We're 20 leave the
questions of fact to the juries. and ncE
invade their province as he said had
become the practice OF some judges
who undertake to instruct juries in
that respect.
The bill was then passed.