The Montgomery advertiser., 1908-04-10
AN EMPLOYERS LIABILITY BILL Senate Puts Through House Measure. NO AMENDMENTS ARE MADE Bill Abolishes the Strict Common
 Law Liability. The Senate Bill Which Covers All Forms of Common Carriers Was
 offered as Substitute But
 Was Defeated.
NO AMENDMENTS ARE MADE

washington, ApTll uo Dtii tSioe- ing to the liability of common carriers by railroads. passed by the House on April 6, was today passed by the Sem ate without amendment and without division.
 Thee Senate bill on the same sub ject was not confined to railroads but covered all forms of common carriers and Senator Deliver, who had report ed 1t from the Committee on Education and Labor, sought to substitute it for the House bill but his motion was de- feated. Numerous amendments were offered but all were voted down.
 The bill abolishes the strict com mon law liability which bars a recov- cry for personal injury or death of an empioye occasioned by the negligence of a fellow servant. It also relates the common law rule which makes contributory negligence a defense to claims for which such injuries, and permits an employe to recover for an injury caused by the negligence Of a co-employe. The bill does not bar re- covery even though the injured one contributed by his own negligence to the injury. The amount of the re- covery is diminished in the same de- gree that the negligence of the in- jured one contributed to the injury.
 During the discussion of the meas ure. there was extended reference to campaign contributions by railroad men and especially to the Hartman contribution to the Republican cam pRign fund of 1904.
 The discussion of the measures con- stunned the greater part of the day. Because the Senate bill did not specify the cause for injury or death of the M~ aR AkR aa4A he believed 1t would be pronounced un- constitutional by the Supreme Court of the Urited States. The bill would make the company liable for injury or death whether 1t related to the ser- vice or not. Two employees of a rail- road might by their negligence wreck a. train and kill one hundred people. said Mir. Elkins and yet the proposed law would pay for the injuries received by stffNne enipl0yes. He did not believe that was a just provision.
 Je Rsghts of Esnpioyes.
 Senator William 4. Smith inquired whether the bill would facilitate in- terstate commerce and Senator Dolli- yer replied that it was s1ntended to promote the rights of employees of com mon carriers" Mir. Smith declared that that was very independent ques- tion. If. he said, there was no pur-
 
 bill. he thought the, warrant for its constitutionality would be doubtful.
 Senator Hepburn declared that he wanted to have it known that the pending bill was not an ''unmixed blessing" as 1t would sub stiute this Federal legislation for legislation by the States in matters covered by the bill. It would make necessary the bringing of suits under this law in .az. s4k An.a the place of accident whereas in the past they have been taken to nearby State courts. By vote of 36 to q, a motion by Senator Deliver to substI- ute the Senate for the House bill was laid on the table.
 Senator Carter made a strong plea that the Senate should confine this leg islation to railroads as was done by the House bill and should not enter upon an ancient field of commerce on shipboard as might be contemplated by the Senate bill.
 A motion by Senator Deliver to amend the House bill by inserting the words "all questions of fact relating to negligence shall be for the jury to was defeated. Senator Ba- con of Georgia declared that great railroad corporations exercise an im- portant Influence upon the political fortunes of the country. In New York. he said. $500, 900 had been raised on one occasion on the suggestion of a high official and used to influence the election. His reference was readily re- cognized by Senators as being aimed at the President and his letter to Mir. He said he would not call any names in connection with that statement.
 Senator Foraker asked whether the Georgia Senator would not call the name of the high official" he referred to, but Mir. Bacon said he did not wish 10 do that.
 T think it is only fair to the high officials" said Mir. Foraker. ito state that he contradicted that story and applies an ugly word to the man who set the story afloat."
 Ananins Club.
 Mir. Bacon. evidently referring to what has been called the "Ananias Club" said the man who raised the campaign fund was a member of that club, adding. The membership of which Is making 1t the most respectable club In the United States"
 Senator Gore. of Oklahoma, said he wished to read a letter throwing light upon the subject under consid- eration. The paper proved to be a CODY or letteT udleu OCtODeT l4. l9O4, recently published, which began. My Dear Hartman" and was signed The odore Roosevelt.
 MT. Gallinger. addressing Mir. Bacon, asked if he thought 1t was right to introduce the name of the President In this debate.
 T am not responsible" said Mir. Ba- con, flor bringing in the name of the President.
 Senator Gore quickly responded that le did not think the President should write a letter he was unwilling to nave read.
 Later Mir. Gore said in regard to the Hartman letter that he was for the reading of the let er to the Senate. T would rather be for the reading of that let .er." he said. than for writing 1t. If hat were a proper letter for the Pres dent of the United States to write to m undesirable citizen, there should be 10 impropriety in my offering it to his Senate. If that Is an improper etter. I am sorry the President wrote . t9