The Washington herald., 1908-04-10
PASS LIABILITY Law
Senator's Make No Change in
the House Bill.
AMENDMENTS ARE ALL TABLED
DOIIiver Offers Amended La Toilette
Bin as Substitute, but IL Is Voted
DoSSn-WiscOnsin Senator's ABB
senee Regretied-ERort to Restrict
Judges Instructions Proves Futile.

BY unanimous vote the Senate yesterday
passed the employers liability bin ex-
actly as It came from the House, where
Il was introduced by Representative
Sterling. The bin will go directly to the
President for approval.
This action Is the first response 10 the
Presidents recommendation OF measures,
the enactment Of which is demanded by
organized labor.
Commencing by side-traclxiEg bill
having the same general purpose in view,
reported TO the Senate from the Commit
tee on Education and Labor by Senator
Dolliver, amendment after amendment
was rejected and the bin was passed by
a viva voce vote
The substitute was offered by NJ Dol
liver. who had reported II as a substitute
for Senator La Follet;e's bill It was
voted down. So 10 q. The Wisconsin Sen
ator through whose efforts the first en-
ployers' liability law was passed. which
the courts held to be unconstitutional.
was confined to his home by illness. and
the proceedings yesterday were robbed
thereby Of an interesting feature.
EIkins seeks PostpOnement.
The enforced absence Of the Wisconsin
Senator was referred to by Senator FL
kiHs, Of West Virginia. as a reason for
postpoGing consideration OF the measure
until Saturday But with plans made up
for an early adjournment the leaders
would not yield
Senator Teller. Of Colorado. and suth-
erland. OF Utah pointed out that the
measure was important and ought TO be
debated. IN the course Of debate on the
comparative merits Of the House bill ana
The Senate bin. Senator Foraker or
Ohio called attention to what he con-
sidered the essential difference. I'm that
the House bin applied only TO the liability
Of Interstate carriers by rail AS the de-
bate progressed, however. other points Of
difference appeared, which Mr. Foraker
conceded when his attention was called
to them
ConstitHtiOnHIlty is Doubted.
Mr.. Foraker thought It important to
consider whether the Supreme Court
would hold that the matters were sub
jects for Federal legislation, OF whether
they belong to the domain of state regu-
lation. Many other doubts were ex-
pressed as TO the constitutionaIity of the
measure.
Two important amendments were
sought 10 be ingrafted upon the House
measure. Mr. DoIliver wanted to sub
stitute a section of the Senate bill decIar-
ing that the jury should be the judges Of
all questions Of facts regarding negll-
gence, On being questioned, he admitted
that the amendment was designed 20
warn Federal judges that hereafter they
were not to deliver instructions to guide
the jury in reaching conclusions as to
the degree of or apportionment Of negli-
genCe. His amendment was tabled by a
viva vOce vote.
Another amendment. offered in several
different forms, came originally from
Senator CulbersOn, of Texas. and pro
posed to limit the transfer of causes OF
action under the bill from the State 10
the Federal courts Amendments having
a similar object In view were proposed by
Senators Bacon, Of Georgia, and Over
man, of North Carolina, and promptly
tabled.
Gore Tries to Amend Bill.
Just before the passage Of the bill, SEN
ator Gore. the blind member from Okla
homa. made a spirited speech. revivinK
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 a roll call the Gore amendment was
tabled by vote Of 81 to l3
The bill as finally adopted by Congress
Fe-enacts all the employers liability law
TO meet the constitutional objection raised
by the United States Supreme Court
which declared It unconstitutional a few
months ago. 1t makes common carriers.
by railroads engaged in interstate com
merce 'liable In damages to any person
suffering injury while he is employed by
Of the death Of such employe to his or
her personal representatives, for the bene-
fit Of his family.
Removes Negligence Bar.
The bill removes the bar to recovery
on account of 'oontributory negligence
on the part OF plaintiff" and leaves to
the jury to determine the damages in ac-
coTdance with the degree Of contributory
negligence shown. The limit OF time for
bringing an action is two years.
The new bill limits the application of
the law to carriers engaged in interstate
commerce, thus removing the constitu-
tional objection of the Supreme Court to
the present law.