Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-02-07
NEW LIABILITY
LAW BEFORE
CONGRESS
MEASURE BASED ON
OLD WORLD STATUTES
Would Require Concerns En-
gagged in Interstate Com
nerce TO Indemnify Employees
for Injuries in Fixed Amounts.

I0i lIJul 10 NJ lACu NdllVultlo
lBy Morning journal Special Leased wireI
Washington, Feb. c. One of the
most radical pieces Of proposed legis-
lation before the present congress and
one which heretofore has not occupied
much attention, is now being given
serious consideration by the judiciary
committee OF the house and a hearing
on it has been ordered for February
II to which a number Of prominent
railroad men of the country have been
invited
It is a bill introduced by Represen-
tative sabbath of Illinois, which VIII
require all persons carrying on oc-
cupations ana trades subject to tue
regulative power OF congress, includ-
ing railroads, express companies and
sleeping ear companies, to pay com
pensation on fixed basis to injured
employees The legislation, II enacted.
would oVerturn the present employers
liability law and in fact revolutionize
the existing system of indemnity Tor
personal injuries.
The bill defines the amount of com
pensation to be paid by employers to
employees in case Of injury or death,
hasing it upon the amount Of the pre-
Vious earning power of the victim ana
provides that it shall bc paid in the
form OF an annuity,
The bin is based upon the laws Of
England ana Germany. Such legisla-
tiOn was favored in one Of the mes
sages Of former President Roosevelt
and President Taft also is said to have
commented faNorably upon it.
Representative Moon of PennsYl-
vania, chairman of the subcommittee
Of the judiciary committee. analyzes
the bill IN a letter be has sent to Off
cials of the leading railroads Mr-
Moon says in part
You will observe this bill both by
its title and its scope aims ut the over
throw Of the existing principles Of
law respecting the liability of common
carriers engaged in Interstate com-
merce and in the carrying or the
,maiis, TO their employees l9r 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 doe
trine of negligence of co-cmployes and
for risk of employment and subjects
the common carrier 10 fixed and def
mite liability for injury or death 70
employees without regard to the negli-
gonce of the defendant.
1T substitutes statutory compensa-
ton for common law liability and
makes this COMPENSATION a distinct el-
cmcnt Of operating expenses.
The bill Is being vigorously pushed
by its promoters. one hearing al
ready has been had by the sub-com-
mittce The 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
ricrs Of the country engaged in inter-
state commerce 50 dilterent IRON ihat
already existing, that the committee
would not be justified in passing upon
it without affording an opportunity TO
them to be heard
In pursuance OF this action. we
have POSTPONED the hearing until
Thursday February H. at lo;So q. ~.
at which time and place we shall be
glad to hear the views of your com
panv upon the subject
Mir Moon said that his committee
had been seriously impressed by this
proposed legislation and we are giving
it the more careful consids ration
Mr. sabbath author of the bill has
been working ON the idea number
of years and has carried on general
UIODLRHHbt III IT'S lUNNi nc fill7
nOunced at n recent hearing on the 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 ana
steamship companies engaged IN m
terstate or foreign commerce ana %
any company engaged in ANY capacity
in handling the United States mails
Even the United States would be
bound under its terms to pas compen-
sation to its employees in the postal
service injured or killed in the per-
Torrance of duty
In the event of the death Of an em-
plONe as result, Of injuries, employees
would be required to pay an annuity
cqualling seventy per cent OF his reg
ular monthly earnings to his family
or next OF kin. Fifty per cent of the
employees maximum monthly earnings
would be paid i'm case Of total disabil-
ity not exceeding six months. Beyond
that length of time, the injured cm-
ploye would receive tWO-thirds of the
amount of his earnings
The measure goes into the minutcst
detail i'm regulating the payment for
injuries specifying how much shall
he paid for the loss of an eye. an arm
"A finger toe, loss or impairment of
sight. hearing or similar injury and
Including medical surgical and hos
pital treatment iie loss ~ zoe u
fixed at five per cent The loss Of botn
ewes at ~ per cent, the loss of the
right hand az so per cent
The bill would establish court 10
be known as the Federal Commission
of Injury Awards. The court Wouia
consist of three members appointed pN
the president ut a salary of $4,000 per
year and would have full authority to
inquire into. and prosecute claims
and To employ necessary ASSISTANTS
VETERAN RAlWAY MAN