Omaha daily bee., 1910-02-07
New Theory Involved Making Fixed
Charge on Companies.
NO CoETRBUTARY NEGLIGENCE
Measure Specifies Deaths in Service
Shall Be Paid For.
CONDENSATION AS AN ANNUITY
Chairman Moon of subcommittee
Having IL in Charge Fixes Date
in February for Full
Hearing.

y WASHINGTON, Feb. 6--One of the most
radical pieces of proposed legislation be
fore the present congress and one which
heretofore has not occupied any great
amount OF attention is now being given
serious consideration by the judiciary com
mittee OF the house and hearing on 1t
has been ordered for February II, to which
a number Of prominent railroad men Of
the country have been invited.
II is the bill introduced by Representa-
tive SABBATH (democrat) of Illinois, which
would require all persons carrying on oc-
cupations and trades subject to the reg
uative power of congress-" including rail
roads, express companies, and sleeping car
companies, to pay compensation on a fixed
basis to injured employees. The legislation
II enacted would overturn the present en-
pfoyers liability law, and in fact revo-
Iutionize the existing system Of indemnity
for personal injuries.
The bill defines the amount of compensa-
ton to be paid by employers to employees,
In cases Of injury or death, basing 1t upon
the amount of previous earning of the
victim, and provides that 1t shall be paid
in the form of an annuity.
The bill is based upon the existing laws
of England and Germany. Such legisla-
tion was favored in one of the messages
Of Former President Roosevelt and Presi-
aent Taft also is said to have commented
tavorably upon 1t.
Analysis by Mr.. Moon.
Representative Moon of Pennsylvania,
chairman of the subcommittee of the
judiciary committee analyses the bill in q
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 It's scope, aims at the entire over
throw Of the existing principle of Law
respecting the liability OF common carriers
engaged in interstate commerce and in the
carrying Of mails, to their employees 70:
(, acts Of negligence resulting in injury oi
death.
1T eliminates entirely all common law
or statutory defsnses based upon the pTfn
ciples Of contributory or comparative
neglIgence; the existing doctrine o.
negligence OF co-employes, and for risk o
employment and subjects the common car
rler to fixed and definite liability 10
' Injury or death to employees without regar'
to the negligence of the defendant.
1T substitutes statutory compensation TO
common law liability and makes this com
pensation distinct element Of operatin
expenses.
Change Most Radical.
This bill is being vigorously pushed b
its promoters, the hearing has already bee
had by the Subcommittee. This hearln
was confined entirely to the principle il
volved. no to the details of the bill. TIL
hearing developed the fact that the chang
proposed by the bill was so radical and
enacted into law would impose an obligatio
upon the common carrier of the countr
engaged In interstate commerce. 50 differeI
from that already existing that the commt
tee would not be justified in passing upo
1t without affording an opportunity
them to be heard.
in pursuance OF this action, we HAY
postponed the hearing until Thursda
February II, at 1890 a m, at which tin
and place we shall be glad to hear Il
views OF your company upon the sui
ject."
Mr.. Moon said that his committee hs
been seriously impressed by this DR.
posed legislation and we are giving it Il
most careful consideration"
Mr.. SABBATH, the author of the bill, HI
been working on the idea for a number
years. and has carried on a general prop
ganda In It's favor. He announced at
recent hearing on his bill that when
was enacted into law, he was ready
drop from public life, satisfied with /
achievements,
The bill is applicable to railroad a.
steamship company's engaged in int
state or foreign commerce, and to al
company engaged in any capacity in han
the mails OF the United States. Even t
United States government would be bou
under It's terms TO pay compensation to
employees in the postal service injured
killed in the performance of their duties