The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-10


Wv railroad passed BY the House
on April 9Th. was to-day
passed by the Senate without amend
nent and without division. The Sem
ate bill on the same subject was not
confined to railroads, but covered all
forms OF common carriers, and SEN
ator Dolllver, who had reported 1t from
the Committee on Education and La
Dor, sought to substitute 1t for the
House bill. but his motion was de-
fcated. Numerous amendments were
offered, but all were voted down.
Az passed, the bin Is expected to
meet the objections of the United States
Supreme Court to the common carrier
liability Law OF 1896 decided to be un-
constitutional by the court. The bill
abolishcs the strict common law liza
bility, which bars a recovery for per-
sonal injury or death OF an enployc
occasioned BY the negligence of fer
low servant. 1t also relaxes the com
mon law rule which makes contribu-
tory negligence a defense to claims for
such injuries, and permits an employe
to recover for an injury caused by the
negligence OF co-employe. The bill
does not bar recovery. even though the
injured one contributed by his own
utShSehtt " tue injury. lHt dilIoNHt
of the recovery is diminished in the
same degree that the negligence of the
injured one contributed TO the injury.
During the discussion of the measure
there WAS extended reference to COM
paign contributions by railroad men,
and especially TO the Hartman con-
tribution campaign fund of 1904. The
discussion OF the measure consumed the
greater part OF the day. Because the
tSsrr at I,.
for the injury or death OF the employe,
Mr. Nelson. of Minnesota, said fhe be-
lieved II would be pronounced uncon.
stitutional by the Supreme Court. The
bill would make tho company liable
for injury or death. whether 1t related
to the service or not.
Elklu. OBJECTS.
Two employees OF n railroad might
by their negligence wreck train and
kill 100 people, said Mr.. Ekins, and yet
the proposed law would pay for the
Injuries received by those employees. He
did not believe that was just provi-
sion.
senator William Alden Smith in
CURED whether the bill would facilitate
Interstate commerce. and Senator Dol
liver replied that II was "ntended to
promote the rights of employees of conf
mon carriers.
Mr.. Smith declared that that was a
very important question II. he said
there was no purpose to facilitate COM
mcrce in this BILL he thought the war
rant for it's constitutionality would be
doubtful. Senator Hepburn declared
that he wanted to have it known that
the pending bill was not an 'unmiXed
blessing as 1t would substitute this
Federal Legislation for legislation by
tie states in matters covered by the
bill. 1t would make necessary the
bringing of suits 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 vote of 36 to 81, motion by
Senator Dolliver to substitute the Sen
ate for the House BILL was laid on the
table,
Dolliycr Tries to Amend.
Senator Carter made strong plea
that the Senate should confine it TO
railroads. as was done by the house,
and should not enter upon the an
cient field of commerce on shipboard.
as might be contemplated by the SEN
ate bill A motion by Senator Dolli-
yer to amend the House bill by insert
ing the words "all questions Of fact
relating to negligence shall be for the
Jury to determine was defeated.
Senator Bacon, of Georgia, declared
that the great railroad corporation
exercise an important influence upon
the political fortunes of the country.
In New York he said 100000 had been
raised on one occasion on the sug-
gestion of a high official and used
to influence the election. His refer
ence was readily recognized by Sena-
tors as being aimed at the President
and his letter to Mr.. Hartman. He
said he would not call any names in
connection with that statement
Senator Foraker asked whether the
Georgia Senator would not call the
names OF the "high officials" he re-
ferred to- but Mr.. Bacon said he did
not wish to do that
"I think it is only fair to the high
official,''' said Mr. Foraker, ITO state
that he contradicted that story and
applied an ugly word to the man who
set that story afloat.'
Mr.. Bacon. evidently referring to
what had been called the "Ananias
Club" said the man who raised the
campaign fund was member of that
club, adding, the membership of
mich is making it the most respect
able club in the United States
Gore Throws Bomb,
Senator Gore, Of Oklahoma, said he
wished to read letter as throwing
light upon the subject under consdera-
ton. The paper proved to be copy
of letter dated October IA, 1904, re-
Gently published which began: MY
Dear Hartman" and was signed
'"Theodore Roosevelt"
Mr.. Gallinger addressing Mr.. Bacon,
asked If he thought it was right to
Introduce the name of the President in
ths debate.
u am not responsible. said Mr..
Bacon, for bringing in the name Of
the President
Senator Gore quickly responded that
he did not think the President should
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