Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-10
Spirited Debate in Hhish Roosevelt.
Hartman Controversy was Re-
feFPed Too.
DOODLE FOR CAMPAIGN RECALLED
se"'Or roIIiver Tries Hard to Get
the Senate Bill Substituted for
Measure Which Was Passed by the
House, But Failed = Foraker At
tcmpts to put President in Bad odor
OBy Assoclatcd Prossl


WASHINGTON. d. c., April 9.-rhc
Dill relating 10 the liability OF COM
mon carriers by railroad, passed by
the House on April G. was today pass
cd by the Senate without amendment.
The Senate bill on the same sublcu,
was not confined to railroads. but coy
cred al forms of common carriers
and Senator Dolliycr who lhad re-
ported it from The committee on cdu
Gallon and labor, sought To substiiut
ii for the House bill, but his motion
was defeated.
AS passed the bill is expected TO
meet the objections of the United
States Supreme Court TO the common
carrier liability law of 1896. decided
10 he unconstitutional by the couf'
The bill abolishes the strict common
law liability which bars Il recovery
for personal injury or death of an
employc occisioncd by the ncsli-
gcncc of fellow servant. II also re-
lexes the common law rule which
makes contributory negligence de-
tense to claims for which such Injuries
and permits an employc To rccover
for an injury caused by tho negligence
of a co-cmployc.
Own Negligence No Bar.
Tho bill does not bar recovery even
though the injured one contributed by
his own negligence to the injury. The
amount Of the recovery is diminished
in the same degree that the negli-
gence OF the injured one contributed
TO the injury.
During the discussion OF the meas
ure there was extended reference TO
campaign contributions by railroad
men and especially to the Hartman
contribution TO the Republican cam
paisn fund of 1904. The discussion of
the measure consumed the greater
part of the day.
Because the Senate bill did not
specify the cause for the injury or
death of the employee, Mr.. Nelson, of
Minnesota. said he believed it wouid
be pronounced unconstitutional by the
Supreme Court of the United States.
The bill would make The company L.
able for injury or death whether 1t
related to the service or not.
Two employees OF railroad might
by their negligence wreck train and
kill 100 people, said Mr.. Elkins. and
yet the proposed law would pay Tor
the injuries received by these en-
ployes. He did not believe that was
Jv,,provision-
r William Alden Smith in
hether the bill would faciii-
We. state commerce and Senator
h ST9.e' plying said that it was in
u spr'sS SSekpromotc the rights OF en-
"a ~ COMMON carriers
u IN declared that that was
,R rear Important question.
IA 40 as no purpose to facilila e
( ihcSG q this bill he thought the
ipasN ii Npnmon carriers
&" yllw,eyburn declared That he
\ ~ .tdavc it known that thu
\ poPAcA was not an "unmixcd
Z ccro,h ST ;, IL would substitute thl5
IN, h,ul(.Sr legislation by the state !
conduSt covered by the bill. u
l ,rc,nN y necessary me hrIHSinE oil
uin~ 81 this law in FEDERAL courts,
! ",.aia ffiremovcd from the place of
} III &ot'nt. whereas in the past they
} ., rSScn taken TO nearby state
HVoted Against Substitute.
vote of IS 70 "a motion OF
'A Gator Deliver to substitute tho
NlGatc for the House bill was laid on
jhE table. Senator Carter made i
WSiybng plea that the Senate coniinc
Mpaf legislation 10 the railroads Az
MI done in tho House. and that the
Rcdiatc should not enter the field of
tN3W MERGE on shipboard, as might be
Il IN cmpia,cd by the Senate hlli.
lUN motion nv Senator Dolliver 10
MIA Nd the House bill by inserting the
III A'.N "all questions of fact relating
VI a SNigcncc should he for the jury
,ySSS nrminc," was defeated.
(4 aer Bacon, OF Georgia. declared