The sun., 1908-04-10
QUICK WORK IN The SENATE
EMPLOYERS LIABILITY BILL
PASSED UNANIMOUSLY.
All Proposed Amendments we're Voted
DOWn-MOtlOn 10 substitute the senate
BllI Defeated-Many Doubts Expressed
As TO the Measures COnstltutlOnalIty.

Al FropOseu Amtuumtuu Woto NVtou
DoWn-MOtlOn 10 substitute the senate
Bln Defeated Many Doubts Expressed
as 10 the Measures COnstitutl Onality.
WASHINGTON. April 9-By unanimous
vote the Senate to-day passed the EN-
ployers' liability bill exactly as II came
from the House, where IL was introduced
by Representative Sterling. The bill will
20 directly to the President for his ap-
proval. This action is the frst response
OF Congress to the President's recent recon-
mendations 1t is the first number in the
legislative programme agreed upon be-
tween the President aud the Republican
leaders Of Congress.
The legislative ways were creased for the
measure, Beginning with the sidetrack-
ing OF a.bill having the same general alpurpose
In view and which was reported to the Senate
from the Committee on Education and
Labor by Senator Dolyer and readily
tabled, amendment after amendment was
rejected and the bill was passed by viva
vooe vote. The substitute was offered by
Mr.. Dollyer, who had reported 1t as a sub
stitute for Senator La Follette's bill
The Wisconsin Senator, through whose
efforts the first employers liability act was
passed, which the courts held 10 be- unoon-
stitutional was confined to his home by ILL
ness and the proceedings to-day were
robbed thereby Of an interesting feature
The enforced absence Of the Wisconsin
Senator was referred to by Senator Elkns
Of West Virginia az an excuse for post
poning consideration Of the measure until
Saturday. But with plans made foranearly
adjournment the leaders would not yield.
They even voted to displace the 'unhn-
ished business. a State claims bill. when it
obtHlded itself across the Legislative tracks
at o'clock
In the debate on the comparative merits
Of the House bill and Senate bills Senator
Foraker called attention to what he oon-
sdered the essential difference, in that the
House bill applied only to the liability Of
interstate carriers by rail, As the debate
progressed however other points Of dlher-
ence appeared which MIR Foraker conceded
when his attention was called to them
The Ohio Senator expressed the opinion
that the important thing back Of both
bills 10 his opinion was whether the Supreme
changing the law in regard to contributory
negligence and revolutonizing the legal
relation Of master and servant. Mr. Foraker
thought il important to consider whether
the Supreme Court would hold that the
matters we're subjects of Federal legisla-
tion or whether they belonged to the do
main Of State regulation. Many other
doubts we're expressed as to the consti-
tutionality Of the measure,
me af Nn.ia uTar nVhN
20 be engrafted on the House measure Mr. |
Doliver wanted to substitute a section Of |
the Senate bill declaring that the jury |
should he the judges Of all questions OF fact |
regarding negligence On being questioned !
he admitted that the amendment was de !
signed to warn Federal Judges that here |
after they we're not TO interfere with in |
structions to guide the jury in reaching |
conclusions as to the degree Of or appor- |
tionment OF negligence. His amendment |
was tabled by a viva yoce vote.
The other amendments offered in several |
different forms came originally from Sen
atOr Cuberson Of Texas and proposed TO |
limit the transfer OF causes VI action under |
the bill from the state to the Federal !
courts Amendments having similar
object in view we're proposed by Senators I
Bacon OF Georgia and Overman Of North |
Carolina and promptly tabled
just before the passage Of the bill Senator
Gore, the blind man from Oklahoma, made
a spirited speech reviving the amendment
that had been offered by Mr. Dolliver earlier
in the day leaving to the jury to determine
all questions Of fact regarding the degree
Of negligence. On rollcall the Gore amend
ment was tabled by vote Of 81 to 10.
The bill as finally adopted by Congress re-
enacts the employers liability law to meet
the constitutional objection raised by the
United States Supreme Court which declared
IL unconstitutional a few months ago Ii
makes common carriers by railroads en-
gagged in interstate commerce liable in
damages TO any person suffering injury
while he ia employed by such carrier in
such commerce or in case OF the death OF
such employee 10 his or her personal rep
for the benefit Of his family"
The bill removes the bar to recovery on
account Of "contributory negligence ,on
the part Of the plaintiff and leaves to the
jury to determine the damages in accord
anCe with the degree Of contributorv neg
ngence SHOWN
The bill also abolishes the plea Of "oon-
negligence" and the common
law rule Of assumption Of risk Of employ
ment in all cases where the carrier is shown
to have been violating any statute enacted
for the safety Of employees and thus con-
to the injury. The limit Of time
for bringing an action Ia two years
The bill limits the application Of the law
TO carriers engaged in interstate COM
merce, thus removing the constitutional
objection of the Supreme Court to the
Dreapnt law