Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-20
WORKERS ON RAILROADS
WOULD BE Benefited
Quick Settlement of Claims Its Ad.
vantage, Says President.
TAKES WORK FROM COURTS
Three Objections Advanced by OPP
ponents Of Legislation Are Dis
posed of in Message Of
the Executive.

President Taft today submitted to Con-
ity commission and the commissions pro-
posed employers liability and workmens
compensation bill. accompanied by a
message urging the enactment of the
measure. which is the most advanced
piece of liability legislation yet presented.
The President sets forth that the pro-
posed law not only would insure to en-
ployes of railroads engaged i'm interstate
claims for damages. but also would re.
lieve the courts Of a vast amount OF
work and enable them to administer ju-
dicial affairs with greater- dispatch.
Il sincerely hope that the act will
pass says the President. Il deem II one
of the greatest steps of progress toward
satisfactory solution Of an important
phase Of the controversies between en-
plOyer and employe that have been pro-
posed within the last two or three dec
ades''
Provisions of Measure.
The main provisions of the measure are
sketched in the message. and then Mr..
Taft takes up and disposes of three OBJ
jections that have been advanced by its
opponents.
I'm the first place." says the President,
the question arises whether, under the
provisions Of the commerce clause, the
bill could be considered to be a regula-
tiOn Of interstate and foreign commerce.
decision of the Supreme Court in the EN-.
ployers' liab biffft case
The second question is whether the
making of these remedies exclusive and
the compelling of the railroad companies
to meet obligations arising from injuries.
for which the railroad would not be liable
under the common law. is denial Of
the due process of law which is enjoinel
upon Congress- by the fifth amendment to
the Constitution in dealing with the prop
erty rights. This question the report
takes up, and in an exhaustive review
OF the authorities makes clear. as 1T seems
to me, the validity of the act. 1t is suf-
f1cient to say that the argument of the
commission is most convincing to show
that the police power of the government
exercised In the regulation of Interstate
commerce is quite sufficient to justify the
imposition upon the interstate railroad
companies of the liability for the injuries
to its employees on an insurance basis.
Trial by Jury Not Denied.
'rhe third objection is that the right
of trial by jury. guaranteed by the
seventh amendment, is denied. AS a
matter of fact. the right is preserved in
this act by permitting a jury to pass on
the issue when duly demanded. In accord
ance with the limitations of the act
President Taft then alludes to the al
legged iniquities attending personal in
jury litigation. He declares that per-
jured 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 rendered il almost i'm
possible for the poor man to command
his rights. In referring to the. condition
of the courts because of this form OF
litigation. the President says:
1.-The administration of justice today is
clogged in every court by the great num-
ber OF suits for damages for personal in
jury. The settlement Of such cases by
this system will serve to reduce the bur-
den Of our courts one-half by taking the
cases out Of court and disposng of them
by this short cut
The message concludes with the reiter-
ated hope that the bill may be passed be-
fore the adjournment of the present.
session of Congress.