Los Angeles herald., 1910-02-07
INDEMNITY FOR
INJURIES TO BE
MADE FIXED SUM
BILL INTRODUCED TO COMPEL
STATED COMPENSATION
ALL COMMON CARRIERS COME
UNDER PROVISIONS
Measure Requires Definite Amounts
Shall Be Paid for Disabilities
Incurred by Employees Re-
qardless of Negligence
tAssoclated Press1

tAssoclated Press1
WASHINGTON, Feb. 6.--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 hear
ing on it has been ordered for Febru-
ary II, to which a number of promi-
nent railroad men of the country have
been invited.
1t is the bill introduced by Represen-
tsstiye SABBATH of Illinois, which viii
require all persons carrying on occu-
pations and trades subject to the reg
ulative powef of congress- including
railroads, express companies and sleep
ing car companies, to pay compensa-
tion on a fixed basis to injured en-
ployes.
The legislation, if enacted, would
oyerturn the present employers liabil-
ity law, and in fact revolutionize the
existing system of indemnity for per-
sonal injuries.
The bill defines the amount of com
pensation to be paid, in cases of injury
or death, basing it on the amount of
the previous earning power of the vic
tim, and provides it shall be paid in
the form of an annuity.
The bill is based on the laws of Eng
land and Germany. Such legislation
was favored in one of the messages Of
President Roosevei and President
Taft also Is said to have COM
mented favorably on it.
Bill Is Analysed
Representative Moon of Pennsyl-
vania, chairman of the subcommittee
of the judiciary committee, analyzes
the bill in a letter which he has sent
to officials of 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-
pies of law respecting the liability of
common carriers engaged in inter-
state commerce md in the carrying
of the mails, to their employees for acts
OF negligence resulting in injury or
death.
'It eliminates entirely all common
law or statutory defenses based on the
principles of contributory or compare
tive negligence, the existing doctrine
of negligence of coemployes and or
risk uf employment, and subjects the
common carrier to fixed and definite
liability for injury or death to en-
ployes without regard to the negligence
of the defendant.
ut substitutes statutory compensa-
tion for common law liability, and
makes this compensation distinct ell
ement of operating expenses.
''This bill is being vigorously pushed
by it's promoters. One hearing already
has been had by the subcommittee. The
hearing was confined entirely to the
principle involved, not to details of
the bill
Proposed Change Radical
'aThe hearing developed the fact that
the change proposed by the bill was so
radical, and if enacted into law, would
impose an obligation on 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 on
it without affording an opportunity
to them to be heard.
"In pursuance of this action, we have
postponed the hearing until Thursday
February IT, at 1880 a. M, at which
time we shall be glad to hear the
views of your company on the sub
ject."
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, author of the bill, has
DeGn WOThllS Oh lil6 IICct lOI Ci mum
ber of years and has carried on gen.
eral propaganda in its favor. He an
nounced at a recent hearing on this
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 foregn commerce and to any
company engaged in any capacity in
handling the mails of the United
States.
Government Bound by Terms
Even the government itself would be
bound, under its terms, to pay COM
pensation to it's employees in the postal
service injured or killed in the per-
formance Of their duty.
In the event of the death of an en-
ploye as a result of injuries employers
would be required to pay an annuity
equaling 10 per cent of his average
monthly earnings to his family or
next of kin. Fifty per cent of the en-
ployes' maximum monthly earnings
would be paid in case of total disabil
ity not exceeding six months. Beyond
that length of time the injured en-
ploye would receive two-thirds of the
amount of his earnings.
The measure goes into the minutest
details in regulating payment for in
juries, specifying how much shall be
paid for the loss of an eye. an arm, a
finger, a toe, loss or impairment of
sight, hearing or similar injury and
including medical, surgical and hospi-
tai treatment. The loss of a toe is
fixed at 5 per cent. The loss of both
eyes at rs per cent. The loss Of the
right hand at so per cent.
The bill would establish a court to
be known as the federal commission of
injury awards. The court would con-
sist of three members, appointed by the
president, at a salary of $4,000 a year,
and would have full authority to in
quire into and prosecute claims and to
employ necessary assistants.
PAULHAN MAKES 8 FLIGHTS