Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-14
PROPOSED CHANGE IN LAW ON
coNTRisuroRv NEGLIGENCE
sRiNos .our ARGUMENTS.
MUCH plvERsITY or OPINION
OVER EFFEcTs OF MEASURE
Some Say Il Would lnersas. Cost Of
Livins-ssnater schase, Author Of
Bill, Makes Able Dsfsnss-coIonel
Roossvslt Boosts Oregon Plan Meth
Cd Of Eisctins Senators.


Des Moines, Feb. 14.-'The principle
involved in this bill is as old as time
itself; and the issue plainly stated is
whether we shall recognize the para
rights of property"
With these words Senator Chase
opened a brief argument before the
house judiciary committee on the bill
to change the rule of law as to the
burden of proof in the case Of h de-
Tense Of contributory negligence. The
subject looked dry but was not. The bill
has caused as much discussion, at least
in committee, as any yet presented.
Yesterday a delegation of representa-
tives OF manufacturers appeared before
the committee also the representatives
of railroads.
Mr.. Cummings, Of Mason City, de-
cIared thai the bill was one of those
which tended to the suggestion of the
prayer from both workingmen and
manufacturers, Deliver us from our
fool friends" He insisted the bill would
have the effect OF increasing h cost
Of living, that the manufacturers would
either reduce wages or increase the
price Of their product. because it would
cause them greater losses on account
Of injuries.
Senator Chase. author of the bill.
combatted this idea. Some twenty
years ago." he said, when I was a
member of the house l introduced a bill
to compel the railroads to protect the
lives of their employees by equippins
their cars with safety appliances. 1t
was met with the plea that 1t wouldn't
do because it would cost too much.
That plea will always be interposed to
all these bills. But this bill does not
deprive anyone Of the legitimate right
Of the defense Of c~ontributory negli-
gence; it merely gets away from the
theory thai after a plaintiff in a dam
age Ease has established his case and
shown negligence on the part of the
employer he must then go on and
negative that which is an affirmative
defense. In no other place in the law
is any such theory maintained.
"It has been said this theory is an
absurd me; yet 1t has been adopted by
the United States supreme court and in
every 10uCEdl uIS " ny ~ SoufS - vi
England where the contrary rule long
prevailed until public sentiment COM
PEELED justice, and in many Of the
states"
The bill is demanded by the laboring
interests Of the state and is opposed by
the large employers Of labor and those
subject to damage suits.
The committee on commerce and la
Dor gave a hearing this afternoon to
the McColl- Lenock"r bills to change
the law in regard 10 labels OF paint
packages. The bill -epeals the law
which requires hat t. formula for the
paint shall be printed on the label. and
It substitutes a requirement that a
paint may be sold on its trade mari or
name with stringent regulations against
fraud or deception. When the Iowa
law was framed it was with the idea OF
protecting the customer. 1t has been
found in practice that just h opposite
is h result. The magazines are filled
with advertisements of shysters who
offer, for a consideration, to show how
to make a paint of any kind or brand.
so that one may set himself up in
business with all makes of paint. The
explanation given lS InaL the formulas
now commo property. BY this pro-
cess 1t has come about that the market
is flooded with paints having the for
mulas Identical with w%ell-known
but alike only in hat they have
the same constituents without the
preparation necessary to make them
good 1t is said that the white lead
trust has immensely profited by the
situation in Iowa and has steadily in
creased its business at the expense of
the makers Of the mixed paints. Mr..
Clark. editor of the national organ Of
the dealers in paints at ST. Louis. APP
peared today to explain the actual eff
feet of the present Iowa law. An inter-
feature is that an effort is be-
ing made by the lead trust to get thru
a bill Just like the Iowa law
and using the Iowa law as an example.
The Smith bill for the Oregon plan
Of electing United States senators by
direct vote Of the people received a sub
boost by h speech OF Colonel
Roosevelt In Grand Rapids. Mich. The
IN tho hill hou hoop n tho