The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-01-30

Senator Knox's Bill Designed to Take
Place Of Employers Liability Law.

WASHINGTON, Jan. pa bill
q tremendous Importance to hund-
dreds oi thousands of railway en-
ployes throughout the country has
been introduced In the Senate by
Senator philander e. Knox, Of Penn
sylyania. and is now under consid.
GRAFTON by the Judiciary Committee
of that body This bill Ii designed to
take The place Of the employers liabil-
Ivy law which was declared uncon-
stitutional by the Supreme Court Of
the United States.
The Knox bill makes all railroads
engaged IN interstate commerce liable
- their employees for injury incurred
10 service, and to their heirs in the
event Of fatal accident The fell
low-servant doctrine ii overturned by
the Knox bill and the rule OF con
tribuiory negligence is greatly modi-
fed. Under its terms the mere fact
that an cmploye " injured or killed
through the negligence of a fellow
empioyc does not relieve the en-
ployer from responsibility. Nor docs
eonlribu,ory negligence bar an in
lured employe from claiming dam
ages. II merely lessons the amount
OF damage in proportion to the per-
centagc Of negligence contributed.
Under the terms of this bill no con
tract 81 employment, insurance, re-
lief benefit, etc. can constitute bar
or defense to any action brought 10
recover damages for personal in
juries or death. Mr.. Knox is looked
upon as ono Of the great lawyers OF
The country and il is believed that in
MS bill he has met all of the obicc.
lions raised 10 the former law by the
supreme Court He believes that
HE railroad men deserve this greater
consideration from their employers |
md he has stated that he proposes |
g urge this bill to a vote at the earl. !
est feasible time. In discussing his |
,ill Senator Knox said:
4 have drawn this bill with view
o meeting the objections OF the Sup.
'eme Court 10 the former law. Con.
'ress will be obliged to take up this
question, for the men employed upon
ne railroad are entitled to q more hu-
name law than that now In effect The
MI have drawn, will, | believe, prove
'heelive, but ! am not irrevocably
'omnitted TO its phraseology, Per-
onally, | will welcome all sugges-
ions bearing upon the subject and
ieel sure that from this and other
'ills that will be referred to the Jud;-
iary Committee, the Committee will
'e able 10 report a bin entirely salts
aetory and that will stand the test
( the courts"
Edward A. Moseley, Secretary oft
nc Interstate Commerce Commis-
ion. is very much in favor of the
-nox bill. In discussing 1t he said:
ny lawyers who heard the dcci-
on OF the Supreme Court this bill
Seaafor Kscx 10 said 10 coa,pIsse.
lat was dec!l:.i unconstitutional
cure the fault found in the law
he Knox bill is in line with the
majors action therefore. He has al.
ays been heartily in sympathy with
forts to ammeliorate conditions sur {
'unding labor While Attorney /
eneral he introduced an innovation
which the United States was al
wed to intervene in private suit
sustain the validity of statute
a
nat case was what is known as the
ohnson' case and the action Of the
apartment Of Justice, OF which Sem
or Knox was then the head, result
IN having the statute declared
hid and practically reviewed His
'hon then resulted in the reindorse-
cnt OF the safety appliance act and ,
cent statistics show that thereby
'aths and injury to employees en-,
lged in train service and in coupl-
g and uncoupling cars have not in /;
eased, while other accidents have
rgely increased"