The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-07
PERSONAL INJURY
BILL IS RADICAL
Representative Sabath's Bill
Would Cause Carriers to Pay
Definite Amounts.
WOULD CHANGE COMMON LAW
AND EMPLOYERS LIABILITY
Congressional Committee Asks
Railroads to Give Their
Views on Question.

| WASHINGTON, Feb. Cone OF tn,
most radical pieces OF proposed leglsla,
ton before the present congress, and on,
which heretofore has not occupied much
attention, is now being given serious con-
sideration by the judiciary committee oI
the house and hearing on It has been or
dered for February II. TO which a mum.
ber OF prominent railroad men Of the
country have been invited.
IL Is the bill introduced by Representa-
| tive SABBATH of Illinois, which will re-
quire all persons carrying on occupa-
tlons and trades subject TO the reeulativo
power OF congress-" including railroads
express companies, and sleeping car com
panles, to pay compensation on fixed
basis to injured employees. The legis-
lation. If enacted, would overturn the
present employers liability law, and, in
fact, revolutionize the existing system OF
indemnity for personal injuries.
The bill defines the amount of COM
pensations to be paid by employers to
employees, in cases of injury or death,
basing 1t upon the amount OF the previous
earning power OF the victim, and provides
that II shall be paid In the form of an
annuity. The bill Is based upon the laws
OF England and Germany Such legisla-
ton was favored In one OF the messages
of former President Roosevelt and Prcsi-
dent Taft also Is said to have commented
favorably upon it,
Moon Analyses Bill.
Representative Moon of Pennsylvania.
chairman Of the subcommittee OF the
judiciary committee, analyses the bill In
letter which he has sent TO officials
of leading railroads. Mr.. Moon says, in
part:
You will observe this bill, both by
its title and its scope. aims at, the entire
overthrow of the existing principles OF
law respecting the liability of common
carriers engaged in interstate commerce
and in the carrying OF the mails, TO their
employees for acts OF negligence result
ing in injury or death.
'It eliminates entirely all common law
or statutory defenses based upon the
principles of contributory or comparative
negligence, the existing doctrine of negli-
eence of co-employees and OF risk OF en-
ployment, and subjects the common car
rier TO a fixed and definite liability for
injury or death to employees without re-
gard TO the negligence of the defendant
at substitutes statutory compensation
for common law liability and makes this
compensation distinct element OF operat-
Ing expenses
Is Vigorously Pushed.
''This is being vigorously pushed by its
promoters, One hearing already has been
had by the subcommittee; The hearing
was confined entirely to the principle in
volved, not to details OF the bill The
hearing developed the fact that the
change proposed by the bill was so radi
cal and, Ii enacted into law, would Inn
pose an obligation upon common car
ricrs OF the country engaged in inter
state commercs so different from that al
ready existing. that the committee would
not be justified In passing upon II with
out affording an opportunity to them to
be heard.
"In pursuance of this action. we have
postponed the hearing until Thursday.
lhrlil a III fine
we shall be glad TO hear the views of
your company upon the subject
Mr. Moon said that his committee had
been seriously impressed by this pro-
posed legislation, and we are giving 1t the
most careful consideration"
Sabath's Life Work.
Mr. SABBATH. author OF the bill. has been
working on the Idea for a number of
years. and has carried on general
propaganda in Its favor. He announced
when II was enacted into law, he was
ready to retire from public life, satisfied
with his achievements.
The bill is applicable to railroad and
steamship companies engaged in any ca
pacity In handling the mails OF the
United States. Even the United States
compensation to lis employees in the
postal service Injured or killed in the per-
Torrance of their duties.
In the event of the death OF an en-
pioyee Il TcSult VI injuries. eIlpioy
would be required to pay an annuity
equalins 10 per cent Of his average
monthly earnings to his family or next
of kin. Fifty per cent of the employees
maximum monthly earnings would be
paid In case OF total disability. not eX-
ceeding six months. Beyond that length
OF time, the injured employee would re-
celve two thirds OF the amount OF his
earnings.
Gives Minute Details.
The measure goes Into the minutest de-
tall In regulating payment for injuries.
specifying how much shall be paid for
the loss OF an eye, an arm: finger a
toe, loss or Impairment of sight. hearing
or similar Injury. and including medical.
surgical and hospital treatment. The
loss OF a toe Is fixed at 5 per cent. The
loss of both eyes at rs per cent, the loss
Of the right hand at 60 per cent.
The bill would establish q court TO be
known as the federal commission OF in
jury awards. The court would consist of
three members. appointed by the presi-
dent, at salary of $4,000 per year. and
would have full authority TO inquire into
and prosecute claims. and To employ
necessary assistants,