The Daily Missoulian., 1911-01-29
MONTANA HOUSE AND SENATE FIGHT
OVER SEPARATE BILLS FOR PRIMARY
Long DfawnOu Senatorial Deadlock in State Legislature Is
Having Its Effect the Legislators Republicans Want
the Iowa Plan---Reapportionmen Promised.

injury is caused to any employs, by
reason of the negligence of his ems
ployer, or of any other person in tho
service of such employer, the employe.
or in case of death, his representa-
tives, shall have the same rights to
compensation and remedies against
such employer, as IL the employe had
not been an employe of, nor in the
service of such employer, not engaged
in his work: provided, however, that
the fact that such employe may have
been guilty of contributory negligence
shall not bar Il recovery in any action
hereafter brought to recover such
compensation, but the damages may
lbe diminished by the jury in propor-
ton to the amount of negligence at
tributablc to such employe; and pro-
vided further. that no such employee
shall be held in such action to have
been guilty of contributory negligence
in any case, where the violation of
the employer of any statute enacted
for the safety of employees contributed
to his injury.
"(b) An employe shall not be
deemed to have assumed any risk in
cident to his employment, BY reason
only of his having entered upon, or
continued in, the employment, after
he knew Of the risk, and shall in no
event be held to have assumed any
risk arising by reason of the negli-
gence Of his employer, or of any per
son in the service Of such employer.
"(c) All questions Of negligence and
on vi HI J%nr
tion Of risk shall be for the jury.
Sec. 2. (D Where an employer has
contributed to an insurance or fund
providing any benefit for any employe
or his representatives in case Of injury
or death, in any action brought
against such employer for negligence
in causing such injury or death, the
jury in assessing the amount Of COM
pensation payable, shall treat as a
payment on account Of the employers
liability SO much of any money which
has been or will be paid to the en-
ploye or his representatives out of the
insurance or fund, as in the opinion
of the jury is attributable to the en-
ployer's contribution, but the agree
ment to accept, or acceptance of such
benefit in whole or in part by such
employe, or his representatives, shall
not constitute a defense to such
action.
Sec 8. In this act:
"(a) The term 'employe," includes
every person who has entered into
employment to give service, or who
works under a contract or agreement
,f
employer.
s'(b) The term employer includes
individuals, partnerships, and bodies
OF persons corporated or Incorporated,
and shall be construed as including
the representatives or receivers of de-
ceased, defunct, or insolvent en-
ployers.
"(c) The term Representatives
means legal representatives and shall
be construed as including the persons
entitled to compensation in case of
| death of any employe.
Sec. 4. Nothing in this act shall
prejudicially affect any right or rem
edy to which an employe is entitled
| Independently of this act.
Sec. 5. This act shall be in force
/ from and after its passage and shall
apply to all contracts of employment
| thereafter made and entered into.'
Opposed by Higgins.
| This bill will be killed in the senate
unless something unexpected happens.
It is too sweeping, its opponents say,
and would keep people out Of busi-
ness enterprises. Ronald Higgins de-
clares that it is the cheapest bill that
has been Offered this session. On the
/ floor Of the house he denounced it
roundly He declared that it abrogated
| the doctrine of fellow servant and was
more in the interest of the lawyers
and indemnity companies than of
| labor. 1t would promote connivance
and collusion ana add to the crop of
| shyster lawyers. IL it is passed, he
/ said, the state would be filled with a
host of swindlers who make profess
sion of getting hurt, and, If in
operation, would destroy many busi-
ness man.
i Mn.~.. on %h> iot