New-York tribune., 1912-02-21
NEW LIABILITY LAW
CALLS FOR S15,OOO,OOO.
Drastic Measure Would Increase
Cost of Accidents to Work
men by rs Per Cent.
PRESIDENT ADVOCATES IT
Considers It Great Step of Prog
ress Toward Solving Contro-
versy Between Employ
ers and Workmen.

day submitted to Congress the report OF
the Employers Liability Commission and
the commissions proposed employers n2-
bility and workmen's compensation bill, ac-
companied by a message urging tho enact
ment OF tho measure. which is the most
advanced piece OF liability legislation YET
presented The President sets forth that
the proposed law not only would Insure
10 employees Of railroads engaged in inter
state commerce quick adjustment of Their
claims for damages but would relieve the
courts of a vast amount OF work and en-
able them to administer judicial anairs
with greater dispatch. lie says:
sincerely hope that the act will pass.
| deem II one of the great steps OF prog
ress toward satisfactory solution OF an an
important phase of the controversies pc
tween employer and employe that mas peeh
proposed within the last two or three dec-
sdes.
President Answers Objections.
Mr. Taft takes up and disposes of three
objections advanced by its opponents. lie
says;
In the first place, the question arises
whether. under the provisions of the com,
meTce clause, the bill could be CONSIDERED
10 be a regulation Of interstate ana tor-
eisn commerce. That seems 10 be alFeduy
settled by the decision of the supreme
Court in the employers liability case.
The second question is whether the max
ing of these remedies exclusive ana the
compelling of the railroad companies 10
meet obligations arising from injuries Tor
which the railroad would not be llablU uh-
der the common law Is a denial oil me uue
process of law which is enJolned upon
Congress by the Fifth Amendment to the
Constitution i'm dealing with properly
rights This. question the report taxes u, up
and i'm an exhaustive review of the authorl-
ties makes clear. as 1t seems TO me, tne
validity of the act. 1t is sufficient 10 say
that the argument Of the commisslon, ,,i rs Is
power Of the government exercised IN @ tne
regulation of interstate commerce is quite
sufficient to Justify the imposition upon
the interstate railroad companies OF the
liability for the injuries to employees OH
an insurance basis. ~
The third objection is that me Tight 0t
trial by jury, guaranteed by the seVenth
Amendment Is denied. AS a matter OF
fact, the right is preserved IN TINS aGt ,S DS
permitting jury, TO pass ON the issue s,,,s
when duly demanded, in accordance WIFI
the limitations of the act
President Taft then alludes to the alleged
iniouities attending personal injury liuga-
tion. He declares that perjured testimony,
emotional juries and badly constructed
laws limiting liability have tended to
hamper the administration Of exact justice,
while the heavy expense of litigation has
I
man 10 obtain his rights. In referring
20 the condition Of the courts because OF
this form of litigation the President says:
The administration OF justice to-day is
clogged i'm every court by the great num-
Der Of suits for damages for personal in
Jury The settlement of such cases by
this system VIII serve TO reduce the bur
den of our courts one-half by taking the
cases out OF court and disposing OF them
by this shortcut.
The message CLOSES with the reiterated
hope that the bill may be passed at the
present session Of Congress-
Features of the Bill.
The Dill eliminates the common law
doctrine of negligence with what it char
acterizes as the unjust defences of as
sumption Of risk, fellow servants fault
and contrbutory negligence" Compensa-
ton with a general basis of an equivalent
to one-half wages is TO be paid in every
case except where the injury or death is
caused by the wiful intention Of the
employe TO injure himself or another. or
sn case of intoxication on duty
The railroad companies of the country
are paying to their employees for accidents
in settlements and judgments approximately
s1O,0S5. .OOO and the proposed law, as nearly
as the commission can estimate it, will
raise this by 25 per cent Figuring on the
periodical payments extending over a term
of years and capitalized at per cent, the
commission points out that the total re-
ceived by the benehciaries would reach an
aggregate of $l5OO0,O00 annually. 1t says
that during 1908. 1909 and 1910 the railroads
paid S14,5O0OOO In settlements and iudg-
ments alone on account of the death of
nearly 1900 workers, and 2l,S33,OO0. ap-
proximately, for permanent or temporary
Sisabling injuries. as we'll as suffering an
economic loss of 161, $4,000 days.
Would Supersede Common Law.
The bill would provide that every common
carrier engaged in interstate or foreign
commerce by railroad shall pay compensa-
ton TO any employe who suffers personal
injury in line of duty or to his dependents
in case OF his death. 1t makes the remedy
exclusive by reason Of the compensation
being complete satisfaction.
II would exclude from compensation the
orst fourteen calendar days, except that
the employer is to- furnish ali necessary
msdical and surgical aid. including hospi-
tnl services. and is 10 continue so to furnish
after the fourteen days under specific pro-
visions. The employe or his dependent
must notify the employer Of the accident
within thirty days, except under certain
contingencies which extend the limit to
ninety days. Right TO compensation is for
felted by an employe as long as he refuses
physical examination by the employers
physician.
Jury trial rights are preserved, but are
20 be deemed waived except on demand.
The adjuster or the court will fix the COM
pensation Of counsel for the employe, Pro-
vision is made for appeals to the Circuit
Court of Appeals and to the Supreme Court
and for guardians 10 act on behalf of In
fsnts under eighteen or the mentally In
competent.
The measure would prohibit assignments
of any cause OF action or payments due or
TO become due and exempts all such liabil-
ity and payments from levy or sale The
compensation is a first lien on the employ
ors' property in case Of insolvency
The governments right TO enforce penalty
is not 10 be affected by the act. IL any