Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-10
iI>.s 3 ; 49, - >, 90 *
HOUSE AND SENATE.
CONTINUED From Page one.)

Representatives April 8. was passed to-
day by the Senate without amendment
and without a division and the Senate
adjourned till Monday.
The Senate bill on the same subject
was not confined to railroads, but COW
cred all forms Of common carriers, and
Senator Dolliver, who had reported it
from the committee on education and
labor, sough. to substitute it for the
House bill. but his motion was de-
feated. Numerous amendments were
offered to the bill, but all were voted
down.
AS passed. the bill is expected to
meet the adverse opinion of the Unit
ed States supreme court as to the COM
mon carrier liability law of 1896,
which was decided unconstitutional by
the court. The bill abolishes the strict
common law liability which bars re-
covery for personal injury or death of
an employe occasioned by the negli-
gence Of a fellow servant. 1t also re-
lates to the common law rule which
makes contributory negligence a de-
fence to claims for such injuries, and
permits an employer to recover for an
injury caused by the negligence of
co-employe. The bill does not bar re-
covery even though the injured one
contributed by his own negligence to
the injury. The amount Of the recovery
is diminished in the sar1e degree that
the negligence Of the injured one con-
tribu;ed to the injury.
During the discussion CT the measure
there was extended reference to cam
paign contributions by railroad men
and especially to the Hartman contri-
button to the Republican campaign
fund of 1904.
Because the Senate bill did not spec
ify the cause Of the injury or death Of
the employe. Nelson, Mimi, said that
he believed it would be pronounced I'M
constitutional by the supreme court
Of the United States. The bill would
make the company liable for the injury
or death, whether it related to the SER
vice or not.
Two employees Of a railroad might,
by their negligence, wreck a train and
kill 100 people, said Elkins, and yet the
proposed law would pay for the in
juries received by those employees. He
did not believe that was just provi
sion.
William Allen Smith inquired wheth-
er the bill would facilitate interstate
commerce. Dolliver replied that it "was
intended to promote the rights of en-
ployes of common carriers" Smith de-
clared that that was a very import
ant question If, he said, there was no
purpose to facilitate commerce in. this
bill, he thought the warrant for it's
constitutionality would be doubtful.
Hepburn wanted to have it known
that the pending bill was not an ''un-
mixed blessing" because it would SUBJ
stitute. this federal legislation for leg
islation by the states in matters COW
cred by the bill. 1t would make nee
essary bringing such under this law
in federal courts often far removed
from the place of accident, whereas
in the past they have been taken to
nearby state courts.
by q vote of 36 to 81 motion by
Doliiver to substitute the Senate for
the House bill was laid on the table
| Bacon, Ga, declared that great rail-
way corporations exercise an import :
ant influence upon the political for
| tunes Of the country. In New York,
he said, 100000 was raised on one oc-
casiOn on the suggestion of a high Of
fetal and the money was used to in
| fuence the election. His reference wac
readily recognized by senators as be-
| ing aimed at the President and his let
ter to Mr.. Hartman. He said he would
not use any names.
Bacon, evidently referring to what
has been called the "Ananias Club"
said that the man who raised the cam
paign fund was member of that club,
adding, "the membership of which is
making it the most respectable club
in the United States"
Gore, Oklahoma, taking letter
from his pocket, said he wished to
read 1t as throwing light on the SUBJ
| proved to be copy of letter dated
Oct. IA, 1904, recently published, which
| began:
MY Dear Hartman" and was
signed Theodore Roosevelt"
Addressing Bacon, Gallinger asked
him if he thought it right to intro
duce the name Of the President in this
debate.
II am not responsible" Bacon re-
piled. "for bringing in the name of the
President" ,t'
| Gore quickly responded that he did
not think the President should write
a letter he was unwilling to have read.
Later on Gore said in regard to the
Roosevelt Hartman letter that he was
| responsible for the letter being read
to the Senate.
II would rather be responsible for the
reading of that letter." he said, "than
responsible for writing it. If that were
a proper letter for the President Of the
United States to write to an undesir-
able citizen, there should be no i'm
propriety in my offering it to this Sem
ate. If that is an improper letter, I am
sorry tho President wrote it. That is
my apology"
The bill was passed without amend
ment and without division.
Washington. April 9.-Senator Gallinger
today introduced as an amendment to the
postof:ice appropriation bill the bill pass
ed by the Senate providing for an ocean
mail subsidy.