The Birmingham age-herald., 1908-04-10
Only Railroads As Common Carriers Are Affected By
 the Provisions
ROOSEVELT -AARRlMAN
 LETTERS ARE DISCUSSED
Ananias Club Membership Is Also Broached In the Senate Discussion and Great Responsibility
 Attributed To Them.

Washington, April 9-The bill relating to the liability of common carriers by railroads passed by the House on April 6 was today passed by the Senate with out amendment and without division.
 The Senate bill on the same subject was not confined to railroads but cov- cred all forms of common carriers and Senator Deliver, who had reported it from the committee on education and labor sought to substitute it for the House bil but his motion was defeated. Numer- ous amendments were offered but all were voted down.
 As passed the bill is expected to meet the objections of the United States su- preme court to the common carrier labil- ity law of 1896, decided to be unconsti- tutional by the court. The bill abolishes the strict common law liability which bars a recovery for personal injury or death of an employe occasoned by the negligence of fellow servant. It also relates to the common law rule which makes contributory negligence defense to claims for which such injuries and permits an employe to recover for an in Jury caused by the negligence of coem- ploye The 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 negligence of the injured one contributed 10 the in- jury.
 Campaign Contributions.
 During the discussion of the measure there was extended reference to campaign contributions by railroad men and espe- cially to the Hartman contribution to the republican campaign fund of 1904.
 The discussion of the measures con- sumed the greater part of the day. Be- cause the Senate bill did not specify cause for the injury or death of the em- ploye, MT. Nelson of Minnesota said he believed it would be pronounced uncon- stitutional by the supreme court of the United States The bill would make the company liable for injury or death wheth- CT 1t related to the service or not.
 Two employees of the railroad might by their negligence wreck train and kill one hundred people, said Mir. Elkins, and yet the proposed law would pay for the injuries received by those employees. He did not believe that was a just provision Senator William A. Smith inquired whether the bill would facilitate inter- state commerce and Senator Deliver re- piled that it was intended to promote the rights of employees of common car riers." MT. Smith declared that that was a very independent question. If, he said. there was no purpose to facilitate com merce in this bill, he thought the war rant for Its constitutionality would be doubtful.
 Not a Mixed Blessing.
 Senator Hepburn declared that he want ed to have it known that the pending bill was not a mixed blessing as it would substitute this federal Legislation for legislation by the states in matters covered by the bAl. It would make nee essary the bringing of suits under this law in federal courts often far removed from the place of accident whereas in tho past they have been taken to nearby state courts.
 By vote of 36 to 21 a motion by Sem ator Deliver to substitute the Senate for the House bill was laid on the table Senator Carter made strong plea that the Senate should confine this legisla- ton to railroads as was done by the House bill and should not enter upon an
 
 CONTINUED ON PAGH 1o.l