Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-01-25
employees BILL


| washington, Jan 20.--A Dill o.
tremendous importance to hundred.
of thousands of railway employees
throughout the country has been in
troduced in the senate by Senator
Philander C. Knox of Pennsylvania
and is now under consideration by
| the judiciary committee of thai
body. This bill is designed to take
the place of the employers liability
| law which was declared unconstitu'
tional by the supreme court of the
United States.
The Knox bill makes all railroads
| engaged in interstate commerce liza
BILE to their employees for injury in
Cured in service, and to their heirs
in the event of a fatal accident. The
fellow-servant doctrine is over
turned by the Knox bill and the rule
of contributory negligence is greatly
modified. Under its terms the mere
fact that an employe is injured or
killed through the negligence of a
fellow employe does not relieve the
employer from responsibility. Nor
does contributory negligence bar an
injured employee from claiming dam
ages. 1t merely lessons the amount
Of damage in proportion to the per-
centage of negligence contributed.
Under the terms of this bill no
contract of employment, insurance,
relief benefit, etc, can constitute a
Oar or defense to any action brought
to recover damages for personal in
juries or death. Mr. Knox is looked
upon as one of the great lawyers of
the country and it is believed that in
his bill he has met all of the objec-
tons raised to the former law by
the supreme court. He believes that
the railroad men deserve this great
er consideration from their employ
ers and he has stated that he pro-
poses to urge this bill to a vote at
the earliest feasible time. In dis
cussing his bill Senator Knox said:
Il have drawn this bill with a
view to meeting the objections of
the supreme court to the former law.
Congress will be obliged to take up
this question, for the men employed
upon the railroads are entitled to a
more humane law than that now in
effect. The bill l have drawn will,
| believe, prove effective, but | am
not irrevocably committed to it's
phraseology. Personally, l will well
come all suggestions bearing upon
the subject and l feel sure that from
this and other bills that will be re-
ferred to the judiciary committee,
the committee will be able to report
a bill entirely satisfactory and that
will stand the test of the courts"
Edward A. Moseley, secretary of
the interstate commerce commission,
is very much in favor of the Knox
bill In discussing it he said:
by lawyers who heard the decis-
ion of the supreme court this bill of
Senator Knox is said to completely
cure the fault found in the law that
was declared unconstitutional. The
Knox bill is in line with the SEN
ator's action heretofore. He has al
ways been heartily in sympathy with
efforts to ameliorate conditions sur
iouhuiuS idDOT. Wulle attorney
general he introduced an innovation
by which the United States was al
lowed to intervene in a private suit
to sustain the validity of statute.
That case was what is known as the
johnson case and the action of the
department of justice, of which Sem
ator Knox was then the head, result
ed in having the statute declared
valid and practically revived. His
action then resulted in the enforce
ment of the safety appliance act and
recent statistics show that thereby
deaths and injury to employees en-
gagged in train service and in cou-
ping and uncoupling cars have not
increased, while other accidents have
largely increased"