The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-01-17
PRUNINc Law OF DEAD LIMBS.

PRUNING LAW OF DEAD LIMBS.
There should be nothing but general satisfac-
ton n the decision of the Supreme Court BY
which the national employers liability law Is
sustained Ever since the failure OF a former
effort to apply enlightened principles to the law
governing the question OF damages for injuries
received by employees in Interstate commerce.
the new law drafted In consideration OF the
Supreme Court opinion upon the old has been
made the subject Of constant and resoureefui at
tack Now that 1t has been sustained In every
particular and given the full scope intended for
ii. 1t would be a happy result IL the railroads
which have fought and the State Jurisdictions
which have been jealous OF It would come to
realize for future good the folly OF instructive
opposition TO reform
The act itself works benencent revolution
in the rules under which employees of interstate
commerce corporations engage in their work.
Most important OF its provisions is that which
abolishes the ancient common law rule by which
recovery could not be had when the injury was
caused by the negligence OF a fellow servant. In
addition, the doctrine Of contributory neg
ed recovery when the injury In anywise grew
out of the lack OF care OF the employee, has been
modified and made 10 comport with modern
ideas OF Justice and common sense, Likewise.
the almos, inhuman pricple of the assumption
OF risk in the employment has been all but
amputated from the body OF the law. And last
ly. and most important Of ALL the courts Of the
several States arc given and compelled to take
Jurisdiction Of actions for damages in which the
sufferer is an Interstate empiose, Under the
liberal priciples Of the Federal act itself.
How mass of legal fictions and Anticipated
measures OF justice framed by the common law
for the protection of property at the expense OF
The life aud limb OF the Individual ever come to
be included in tho statutory law of the United
states II is fruitess to inquire. II lis enough
that such ancient and outworn rubbish Is at
] length eliminated after it had already been
stricken by statute from the law of many of
! those States which had adopted the common law
/ AS the basis OF their legislation. AZ the Law now
stands the employe Of the Interstate road may
go to the courts of his own State. have his canse
| tried speedily and economically and know that
! he will stand upon equality and not have to
start his fight for compensation with all the
! rules against him.
But while the law is great and salutary adj
| vance. 1t is but beginning In new theory
which will In a few years make 1t, too. seem the
! expression of an Anticipated of Justice
Time will come when the injury itself will be
taken by the law to automatically create the
right to compensation. duly fixed by statute
with the right given In addition to sue for
further damages, Such laws have been passed IN
several States and have given general satisfac
ton They arc coming In all States and In the
Nation because of a growing appreciation Of
the value OF life and limb and of deepening
humanity which will not long tolerate the idea
that under any circumstances. can capital pre-
sumo to hold itself superior to flesh and blood