Omaha daily bee., 1908-04-10
SENATE PASSES BILL.
Carriers Liability Measure Goes
Through Without Amendment.
now READY FOR SIGNATURE
1t Amends Fellow Servant Clause of
Common Law Liability.
SHORT DEBATE IN SENATE
Mr.. Nelson Contends that Certain
Section is Unconstitutional.
DoLLTvER SUGGESTS CHANGES
Motion 20 Substitute senst N for
House BiII IL Voted p
2I--Bn PEI
cut
Mr.. Nelson Contends that Certain
Section is Unconstitutional.
DOLLrvER SUGGESTS CHANGES

&A-Blh re-
out
4 y
WARRINGTON GO
70 the liability of\E
roads passed by ~
tves on April waA
senate without amends
vision.
The senate bill on the st
fined TO railroads. but c. rs
Of common carriers. and S diver
who had reported It from th, ..fnittee on
education and labor. sought te Substitute st
for the house bill. but his motion was de-
fested. Numerous amendments were offered
to the bill but all were voted down. AS
passed. the bill is expected TO meet the
objections OF the United States supreme
SQUIRT to The common carrier liability law Of
1920. decided to be unconstitutional by the
court. rhs bill abolishes the strict common
law liability which bars a recovery for
personal injury or death of an employe
occasioned by the negligence Of a fellow
servant. II also relaxes the common law
rule which makes contributory negligence
q defense TO claims for such Injuries and
permits an employe 20 recover for an injury
caused by the negligence of a co-employe.
The bill does not bar recovery, even though
the injured one contributed by his own
negligence 10 the injury. The amount of the
recovery is diminished in the same degree
that the negligence OF the injured one con-
tributed to the injury.
During the discussion of the measure
there was extended references to campaign
contributions BY railroad men and especially
to the Hartman contribution to the repub-
lean campaign fund OF 1904
Nelson Raises validity.
Because the senate bill did not specify
the cause for the injury or death OF the
employe. Mr.. Nelson CMinn) said he be-
ieved Il would be pronounced unconstitu-
tlonal. The bill would make the company
liable for injury OF death whether II related
TO the service or not.
Two employees OF a railroad might by
their negligence wreck a train and kill a
hundred people. said Mr. Elkins, and yet
;he proposed law would pay for the in
jufles ieeeiyed BY those employees. He did
nas believe that, was a iust provision.
senator 81. Aifsmfth inquired whether
tho bill would facilitate interstate com
me-cc senator Doliver replied that 1t was
'intended TO promote the rights OF employees
OF cou,mon carriers"
Mr. Smith declared that that was an Inn
portant question. III" he said. there
was no purpose to facilitate commerce In
this bill" he thought the warrant for its
constitutionaity would be doubtful.
Senator Hepburn wanted to have Il
known that the pending bill was not an
unmixed blessing, as It would substitute tn s
federal legislation for legislation by the
states in matters covered by the bill. II
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 the nearest state courts.
Amendment Voted Down.
BY vote OF ae to 21 a motion by Senator
Dolliver to substitute the senate for the
house bin was laid on the table.
Senator Carter made strong plea that
The senate should confine this legislation
TO railroads as was done by the house bill
and should not enter upon the ancient field
OF commerce on shipboard as might be con-
templated by the senate bill.
A motion by Senator Dolliver to amend
questions OF fact relating to negligence
shall be for the jury to determine" was
defeated after Mr. Dolliver said It was In
tended 10 be a suggestion to judges that
they were 20 leave the question of fact "a
juries and not invade their province as he
said had become the practice OF some
judges who undertake to instruct juries
in this respect
The bill was PASSED without amendment
and without division