The labor journal. [volume] (Everett, Wash.) 1909-1976, 1910-03-11
IN LABOR'S INTEREST
Employers Liability Bill Before
Congress.
BASED ON ENGLISH LAW.
Measure Provides For Compensation
to Worker In Case Of Injury or
Death-Details Of Proposed Law.
Basis of Adjustment.

Basis Of Adjustment.
One of the most radical pieces of
proposed legislation before the pres
ent congress and one which hereto
fore has not occupied any great
afmount of attention is now being CIV
en- serious consideration by the judi
ciary committee Of the house of rep
resentatives.
1t is bill introduced by Mr.. SABBATH
Dem.. ILL, which would require all
persons carrying on occupations and
trades subject to the regulative power
of congress-" including railroads, ex-
press companies and sleeping car COM
panies. 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 sys-
TEN Of indemnity for personal inju.
ries.
The bill defines the amount Of COM
pensation to be paid by employers to
employees in cases of injury or death.
basing it upon the amount of the pre-
vious earning power of the victim,
and provides that it shall be paid in
the form of an annuity.
The bill is based upon the existing
laws Of England and Germany. Such
legislation was favored in one Of the
messages of former President Roose-
welt, and President Taft also is said
to have commented favorably upon
it.
Mr.. Moon Rep., Pa.), chairman of the
subcommittee of the judiciary COM
mittee. analyses the bill in a letter
which he has sent to officials Of the
leading railroads. Mr.. Moon says in
part:
You will observe this bill. both by
its title and its scope, aims at the en-
tire overthrow Of the existing princi-
Piles 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 resulting In injury or
death.
1T eliminates entirely all common
law or statutory defenses based upon
the principles of contributory or COM
parative negligence. the existing doc
trine of negligence Of co-employees
and for risk of employment and SUBJ
jects the common carrier to a fixed
and definite liability for injury or
death to employees without regard to
the negligence of the defendant.
ut substitutes statutory compensa-
tion for common law liability and
makes this compensation distinct ele-
ment of operating expenses.
This bill is being vigorously pushed
by its promoters. One hearing has
already been had by the subcommit-
tee. This hearing was confined en-
tirely to the principle involved, not to
the details Of the bill. The hearing
developed the fact that the change
proposed by the bill was so radical
and if enacted into law would impose
an obligation upon the common car
riers of the country engaged in inter.
state commerce so different from that
already existing that the committee
would not be justified in passing upon
it without affording an opportunity to
them to be heard"
Mr.. Moon said his committee had
been seriously impressed by this pro-
posed legislation. and we are giving
it the most careful consideration" Mr..
SABBATH, the author of the bill, has
been working on the idea for a num-
Der of years and has carried on a gen.
eral propaganda in its favor. He an
nounced at recent hearing on his bill
that when it 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 inter-
state or foreign commerce and to any
company engaged In any capacity in
handling the mails of the United
States. Even the United States gov
eminent would be bound under its
terms to pay compensation to its en-
ployees In the postal service injured
or killed In the performance of their
duties.
pioyee as a result of injuries employ
ers would be required to pay an annu-
ity equaling 20 per cent Of his average
monthly earnings to his family or
next of kin. Fifty per cent of the en-
ployees' maximum monthly earnings
would be paid in case of total disabil-
ity not exceeding six months. Beyond
that length of time the injured en-
ployee would receive two-thirds of the
amount of his earnings during the
period of impairment.
The measures go into the minutest
detail in regulating the payment of
Injuries, specifying how much shall
he paid for the loss of an eye. an arm.
finger. toe. loss or impairment of
sight. hearing or similar injury and
including medical. surgical and hospi-
tai treatmene The loss of toe Is
fixed at 5 per cent, the loss of both
eyes at 70 per cent. the loss of the
right hand at 60 per cent.
The bill would establish a court, to
be known as the federal commission
of injury awards and to consist of
three members TO be appointed by the
president at salaries of $4,000 per
year each. with full authority to In
quire into and prosecute claims and
to employ necessary assistant