Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-02-14
Measure Presented in Senate
by LaFollette and House
by Sterling.
INDORSED BY RAIL EMPLOYEES
Bill Is Intended to Meet the Re.
cent Decision of the Su-
preme Court.
All Common Carriers Made Liable &c
Its Employees for Injuries Due
to Negligence Or Mis-
management.

Washington, Feb. IA cOmpre-
hensive employers liability bill was
introduced in the senate and house by
Senator LaFollette, of Wisconsin, and
Representative Sterling, of Illinois.
The authors say the bill has the in
dorsement of the Brotherhood of Loco
motive Engineers, brotherhood of Lo-
cOmotive Firemen and Enginmen and
Brotherhood of Railroad Trainmen
and is intended to meet the recent de-
cisiOn of the supreme court in which
the employers liability act of June II.
1906, was declared unconstitutional.
Liable to Employees.
Every common carrier while en-
gagged in interstate or foreign COM
merce or commerce between the pos
sessions of the United States is made
liable to its employees who are njured
while employed in such commerce,
when such injuries are due to the
negligence or mismana cement of any
officer or emplOye of such carrier, or
when due to defects or insufficienceS
in equipment. This provision is made
equally applicable to carriers in the
territories. the District of Columbia
and the Panama canal zone and car
rierS engaged in the transportation Of
the United States mails. The bill rec
ogniZes the doctrine of comparative
negligence as is now recognized in the
states of Wisconsin, South Dakota,
North Dakota, Nebraska, Nevada
Georgia and Florida, and in tie act of
congress which was declared unconsti-
tutional
Negligence Diminishes Damages.
1t permits an emplOye to recover
damages If he has been guilty of con-
tributory negligence, but says the jury
shall diminish the damages in accord
ance with the amount of negligence
they may find is attributable to such
employe. 1t is provided also that an
injured employe shall not be held to
be guilty of cOntributory negligence in
any case where the violation of law
by the carrier contributed to such in
jury, also that questions of fact re-
l'tiA1S " lltSllSeliCt Sudll bc IOE lll'
jury to determine.
In the event of a verdict in favor
of the emplOye it is required that the
court shall allow as part of the costs,
a reasonable attorneys fee not ex eed-
ing an amount equal to % per cent of
judgment recovered and an additional
fee equal to per cent of the amount
finally recovered for each appeal.
Fees of Attorneys.
It is made a miSdeameanOr punish
able by fine not exceeding 81 900 or
imprisonment not to exceed six months
for an attorney to exact or receive any
fee or compensation other than or ad-
ditional to the amounts so allowed by
the courts. An injured employe shall
not be held to have assumed the risk
of his employment in any case where
the violation Of law by the carrier con
tributed to such injury. One section
Of the bill specifically makes void any
contract, rule or any device whatso-
ever, the purpose Of which is to ex-
empt the carrier from liability under
the act. The statute of limitations
within which suit can be brought is
fixed at three years. Receivers of COM
mon carriers are made equally liable
to their employees as are the common
carriers.