The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-25
EMPLOYERS LIABILITY BILL.
Gov. Hughes signs the Measure over
Whlch There Was shArp Controseryy.

AI.BANT. May 3i.-Gov. HnRhoa To-
night signed tho sO-callsd poPmiaaive en-
ployers' liability hin Of Aassmblyman
c. W. Phillips. This IL the measure
which was opposed vigorously by the
Manufactures Association and the steam
and surface railroad companies through
their representatives at hearing before
Gov. Hughes on Friday last. The validity
of the measure was then attached on the
ground that Il violated both the Federal
and State constitutions The hlIl was as
warmly defended by oHicera Of the STATE
Federation u labor and variOus other
representatives of organized labor
The ball amends the employers liability
law by modifying the assumption OF rlal,
rule 10 that the fact that an employee
continues in his work after discovering
defects or violations OF law by the sm-
ployer shall not bar him from his right
OF action either AZ a matter Of fact OF a
matter Of Law.
IL mobiles the fellow servant rules By
making the employer liable for the noE-
iigenpe OF a person exercising any super
intendence and for the negligence OF a
person entrusted with authority 70 direct.
control or command any smplOyes IN the
performance Of the duty Of such employee
The bill changes the burden Of proof as
TO onntributOry negligence 20 as 20 re-
quire che employer who has been proved
negligent TO assume the burden OF pFOv-
ing the cOntributory Negligence Of the
injured employee.
lt also contains a provision intended
70 prevent an employer from escaping
liability for defects In his plant by EN-
ploying a contractor or gub-cOntractor.
After thus amending the liability law the
bill provides for what has been termed
pernissive or voluntary compensation
scheme by the consent Of the employer
and any % his employees. which consent
must h. filed in the County Clerk r. Office.
After the fling Of such consent the en-
ployeT il r. eyed from liability under the
employers liability act and becomes in
place thereof liable for all injuries to such
consenting employees and for the COM
pensatiOn provided for BY the bill.
The schedule Of compensation provided
Tor consists Of the payment Of four years
wages In case Of death. but not 20 exceed
H.OO0. IL provides In case Of injury for
the payment 10 the injured employee Of
one-half OF his decreased wages due 20
the injury. not % exceed SO q week, and
such payments not to extend beyond a
period OF eight wears.
Gov. Hughes has also signed these hills:
Mr. Fowler's. amending the probation
law 90 require that pers0ns released by
n court may he required To make restitu-
ton % aggrieved persons for an amount
not exceeding the actual loss or damrge
caused nv the offence. that pYlllaeioner
may he required o. support his children,
and that the case - a prohatiOner may ~
transferred from the supreme 90 a county
court.
senator Allen's. providing for the ssle
or exchange ~ canal lands Tor other lands
required Tor the canals. the transfer 20
he made effective through quit claim deeds
given by the State Superintendent Of
Public Works.
senator Bayne's. smeuding the penal
law 80 as 20 make the mutilpti0n. de-
struction or cOncealfnent % a will felony
senator Ravne's. amending the c,,de
~ civil procedure ~ - % cOmpel the pro-
duCtion u a will or testamentary instr,-
ment that may he held In cJnOeRlment.