The Birmingham age-herald., 1910-02-07
PrOposa| Is Made for Em- pIOyers to. Pay Injured En-
 pOy3s on Fixed Basis
BASED ON TIE LAWS IF
 ENGLAND AND GERMANY
New Law Aims at Entire Overthrow of the Existing Principles of the Present Law of Liability of
 Common Carriers

| Washington, February 6.--One of ths most radical pieces of proposed legisla- tion before the present Congress, and which has heretofore not occupied any great amount of attention, is now being given serious consideration by the judici- ary committee of the House, and a hear ing on it has been ordered for February r. to which practically aii of the promi- nent railroad men In the country havo been invited
 | It is the bill introduced by Representa- tive sabath, democrat, of Illinois. which would require all corporations carrying on occupations and trades subject to the regulatve power of Congress" including railroads. express companies and sleep ing car companies, to pay compensation on a fixed basis to injured employees. The legislation, 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 compen- sation to be paid by employers to enl- ployes in cases of injury or death. passing it upon the amount of the previous earn l ing power of the victim, and provides that 1t shall be paid in the form of an annuity. The bill is based upon the ex- istng law of England and Germany. Such law was favored in one of the messages of former President Roosevelt, and President Taft is also said to have commented favorably upon 1t. |
 Moon Analyses Hill 1 Representative Moon of Pennsylvania, chairman of the subcommittee of the ju- dietary committee. analyses the bill in letter which he has sent to officials of the leadipg railroads. MT. Moon says A part:
 | You will observe this bill, both by it's title and its scope, aims at the entire 1 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 resulting in injury or death.
 Tt eliminates entirely all common law or statutory defenses based upon the prin- ciples of contributory or comparative neg | ligence, the existing doctrines of negli- | gence of co-empoyes and for risk of em- ployment, and subjects the common car rer to fixed and definite liability for | injuries death to employees without re- gard to the negligence of the defendant.
 "It substitutes statutory compensation for common law liability and makes this compensation a distinct element of oper- ating expenses
 Hill We'll Supported
 This bill is being vigorously pushed by its promoters. One hearing alreaJv has been had by the sub committed This hearing was confined entirely to the principle involved, not the old de- tails of the bill. The hearing deval- oped the fact that the change pro- posed by the bill was so radical and if enacted into law would impose an obligation upon the common carriers | of the country engaged in interstate commerce different from that al- ready existing rhat the committea would not be justified in passing upon 1t without affording an opportunity to | them to be heard.
 | Tn pursuance of this action, we have postponed the hearing to February IT, at 80 a. m.. at which time we shau be glad to hear the. views of your con- pany upon the subject"
 Mir. Moon stated that his committee had been seriously impressed by this proposition and we are giving 1t the most careful considerations"
 MT. Sabath. the author of the bill, has been working on the idea for q number of years and has carried on d general propaganda in its favor. He | announced at recent hearing on his bill that when it was enacted into law he was ready to fetire from public life. satisfied with his achievements.
 or General Application
 The bill is applicable to railroad and stea mship companies engaged in in- | terstate or foreign commerce and 10 any company engaged in any capacity | in handling the mails of the Unitei States. Even the United States govern ment would be bound under It's terms l to pay compensation to its employees In the postal service injured or killed in the performance of their duties. | Tn the event of the death of an employe as a result of injuries, er. ployers would be required to pay in | annuity equaling 70 per cent of his average monthly edrningssto hls family 1 or next of kin. Fifty per cent of the employees maximum monthly earnings would be paid in case of total disa- | cility. not exceeding six months Be- yond that length of time. the injured employc would receive two-thirds of the amount of his earnings during tne period of impairment
 The measure goes into the minute>i ietail in regulating the payment for injuries, specifying now much shall be paid for the loss of an eye. an arm, q | finger, a toe, loss or impairment of sight. hearing or similar injury ant
 including medical. surgical and hos | pital reatment. The loss of a toe js fixed at , per cent The loss of both eyes at 75 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 ot injury awards and to consist of three members to be apoointed by the Pres ident at salaries pf s6o0o per year each with full authority to inquire into and prosecute claims, and to employ nes assary assistants.