New-York tribune., 1908-04-10
LIABILITY BILL PASSED
GOES TO PRESIDENT NOW.
Ssnate 4ddopts House Measure
rompqign Contributions Discussed.
lFrom The Tribune Bureau.l J

,be proposition rejected, 81 TO II Various
,,be- amendments were offered. but the leaders
hod determined that the safety of the measure
-ested in accepting the House bill, thus avoid
d. the danger % is failure in conference, and
This was dons.
Senator Gallincer offered fhe Postal Subven-
zion r.ll as IN amendment 10 tho PostofTce An
r-opriation bin. as Vas predicted in these Dis
natches this morning but Win the additional
,ro,-ision that the amount to bc expended under
the bill be limited 70 S4.G0S So.
Senator Hale introduced A biI repeating what
* known sz tho -. Jonn's River act. hereby
American cirizeos owning timber i'm Canada
nav import il without payment If duty. and in
81 doing explained that The passage of this hill
vould e lar 10 seville lorg standing contro-
yersy with canada.
Senator ForakeT gave rotloe that ho would
address the Sera-e "n the subject of the affrsy
81 Brownsville next Tuesday
Adjournment was taken until Monday
The employers liability hill is expected 20 meet
the objections OF the United States Supreme
cr.5rf ~ rhe common carrier ia bity Law of
1895. decided TO h unconstitutional The '.ll
sbolisras the strict common lev liability which
Vars q recovery fer personal injury or death II
sr errlo,-e caused bv the uesligence Of fellow
servant II also relaxes the common Ian rule
which makes ccntrihutorz-h nesliger = defence
70 claims fer such injuries. and permits IN en-
r,ove e. recover for IN injury caused by the
rerlisenca Of oo-omploye. Tha bill does not
ta- recovery. even though the injured one con-
trjbuted 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 to the injury.
DEBATE on THE BILL
Because the Senate bill did not specify the cause
49, al
son. Of Minnesota. said he believed it would be
pronounced unconstitutional by the Supreme
court. The hill would make the company liable
for injury or death whether it related to the
service or not
Two enaplqyes of railroad might by their
negligence wreck q train and kill one hundred
persons, said Mr.. Elkins, and Yet the proposed
law would pay for the injuries received by those
employees He did not believe that was just
provision.
Senator William Alden Smith inquired whether
the bill would facilitate interstate commerce
Senator DoIiver replied that it was intended 70
promote the rights Of employees Of common car
rers" M Smith declared this a very impor-
tant question. If he said. there was no purpose
70 facilitate commerce in this bill. he thought
The warrant for its constitutionality would be
doubtful
Senator Hepburn wanted 10 have it known
that the pending bill was not an 'unmxel
blessing il would substitute federal legisla-
ton for legislation by the 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 acci-
dent, whereas in the past they have been taken
10 nearby stat courts.
Senator Carter made a strong plea that the
Senate should confne this legislation to rail
not enter the ancient field Of commerce on ship
board, rs might be contemplated by the Senate
bill
\ motion by Senator Doiyer TO amend the
House bill by inserting the words ali questions
Of fact relating TO negligence shall be for the
jury TO determine" was defeated after MI
Dolliver said it was intended to be a suggestion
10 judges that they were TO leave the questions
Of fact 10 juries, and not invade their province,
as he said had become the practice of some
judges who undertake to instruct juries in that
respect.
TALK OF CAMPAIGN CONTRIBUTIONS.
Senator Bacon declared that great railroad
corporations exercise an important influence on
IN political fortunes Of the country. In New
YORK, he said. 100000 had been raised on one
occasion De the suggestion of a high official, and
Used 10 influence the election He said he would
not give any names in connection with that
statement
Senator Fc-aker asked whether the Georgia
Senator would not give the name of the high
Official he referred to, but Mr.. Bacon said he
CD bot wish u DO that
i think it is only fair TO the high official "
said Mr Foraker. ito state that he contra
oIcted that story ana applied ugly word to
Ne man who set that story aioat."
NJ. Bacon said the man who raised the cam
paign fund was q member Of the Ananias
O-lo-. adding. the membership Of which is
making il the most respectable club in the
United States"
Senator Gore Of Oklahoma. taking letter
from his pocket. said he wished to read it as
'aro%ing light on the subject under considera-
non The paper proved TO be a copy of letter
dated October H. 1904. recently published
which began.
Ny Dear Hartman" and was signed
Theodore Roosevelt
NJ 'aliinger- addressing his question TO Mr..
heeor, asked Il ne thought il Was right TO in
''44ee The name of the President in this debate.
am not responsible" said Mr.. Bacon, for
ringing in the name Of the President"
senator Gore replied that h did not think
10. PRESIDENT should write a letter he
"i--rs 10 nave read.
- -"'i-tI he IespohslDie lot the IeddlHs
."a' -etter' ne said. than responsible for
.' H. II that were 4 proper letter for the
-1'Lt - the United states 10 write
S--sole citizen. there should be- i'm
''i-s'y in my Offering IT 10 the Senate. II
- ah improper letter, am sorry the Presi-
"f',@ g. That is my apology"
.A! "as then passed without amendment
''' without division
JOHNSON INTENDS TO WIN.
iR, Tei-erarh 70 The Tribunc
Minneapolis pri. s-tiovernor John 4 johnson