The Birmingham age-herald., 1908-02-14
NEW LIABILITY
 BILL INTRODUCED Same Measure Presented In
 House and Senate IS SATISFACTORY TOLABOR Senator LaFoIette and Congressman Sterling Are Joint Authors of the Bill. Which It Is Hoped Will
 Stand the Legal Test.
IS SATISFACTORY ToLABOR

Washington, February 13.-A com prehensive employers liability bill was introduced in the Senate and House to- day by Senator LaFollette of Wisconsin and Representative Sterling of Illinois The authors say the bill has. the in dorsement of the Brotherhood of Loco motive Engineers, Broth erhood of Loco motlVe Bremen and Enginemen and brotherhood of Railroad trainmen. and IS intended to meet the recent decision or the supreme court in which the em- pioyers liability act of June H. 1906, was declared unconstitutional
 Every common carrier, while engaged in interstate or foreign commerce, or commerce between the possessions oe the United States, is made liable tn us employees who are injured while em- ployed in such commerce. when sucb injury or injuries are due to the negli- gence or mismana cement of any officer or employe of such carrier. or when due to defects or -insufficiency in equipment. This provision is made equally applicable to carriers in the ter ritories,f the District of Columbia and the Panama canal zone, and carriers en- gagged in the transportation of the United States mails
 The bill recognizes the doctrine of comparative negligenees as is now recognized in the states of Wisconsin. South Dakota, North Dakota, Nebraska. Nevada Georgia and Florida, and in the act of Congress which was de- clared unconstitutional
 It permits an employe to recover damages if he has been guilty of con tributory negligence, but says the jury shall diminish the damages in accord ance with the amount of negligence they may find is attributable to such employe.
 It is provided also that an injured employe shall not be held to be guilty of contributory negligence in any case where the violation of law by the car rier contributed to such injury, also that questions of fact relating to neg ligence shall be for the jury to de- termire.
 In the event of verdict in favor of the employe, 1t is required that the
 
 a reasonable attorneys fee not ex- ceeding an amount equal to 25 per cent of Judgment recognized and an additional fee equal to 5 per cent of the amount finally recovered for each appeal. It is made misdemeanor, pun ishable by a fine not exceeding s1000 or imprisonment not to exceed six months for an attorney to exact or re- ceive' any fee for compensation other than or additional to the amounts so allowed by the court An injured em- ploye shall not be held to have assumed the risk of his employment in any case where the violation of law by the car rier contributed to such injury. One section of the bill specifically makes void any contract, rule or any device whatsoever to the purpose of which is to exempt the carrier from liability under the act. The statute of Iimta- tions within which suits can be brought is fixed at three years. -4 At"
 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 Dis trict of Columbia under the act of June II, 1906, it being contended by the employees that that act is still in- tact in those jurisdictions.