Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-02-22
OMPENSAT|ON
|. ACT FAVORED
. BY P PRESIDENT
Taft Message Today Pre-
senting Report Of Employ
.ers' Liability Commission,
Urges Enactment Of Law.
ASSURES DAMAGES
FOR WORKERS

Bill T Provides That RAILROADS
Shall Pay for Death or
Injuries Of Employees in
All'Cases.
Washington, d. c., Feb. 2O.-Presi-
dent Taft today submitted to congress
the reporh OF the employers liability
commission and the proposed employ
ers' liability and workmen's compensa-
ton bill, accompanied by message
urging the enactment Of the measure,
which is the most advanced piece of
liability legislation yet presented. The
president sets forth that the proposed
law not only would insure to employees
of,railroads engaged in interstate COM
merce quick adjustment of their claims
for damages but also would relieve the
courts Of q vast amount of work and
enable them to administer judicial at
fairs with greater dispatch.
Il sincerely hope that the act will
pass says the president Il deem it
one Of the great steps Of progress to-
ward satisfactory solution of an i'm
portant phase of the controversies be-
tween employer. and employee that has
been proposed within the last two or
three decades
The main provisions OF the measure
are sketched in the message and then
Mr. Taft takes up and disposes of
three objections that have been adj
vanced by its opponents.
SIN the first place." says the presi-
dent ''the question arose whether I'M
der the provisions of the commerce
clauses the bill could be considered
to be regulation of Interstate and
foreign commerce. That seems to be
already settled by the decision of the
supreme court in the employers liabil-
ity case. sssa.
"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 common
law, is a denial of the due process of
law which is enjoined upon congress
by the fifth amendment to the consti-
tuition in dealing with property rights.
This question the report takes up and
in an exhaustive review of the authori-
ties makes clear as it seems to me,
the, validity of the act 1t is sufficient
to Say that the argument of the COM
mission is most convincing ITO show
that the police power Of the govern
ment exercised in the regulation Of in.
terstate commerce is quite sufficient
to justify the imposition upon the in.
terstate railroad companies Of the
liability for the. injuries to Its en-
ployes on an insurance basis. =
'The third objection Is that the
right of trial by jury. guaranteed by
the seventh amendment, is denied As
matter of fact. the right is preserved
in this act by permitting jury to pass
on the issue when only demanded, In
accordance with the limitations of the
act. =
Gives Poor Man a Chance.
President Taft then alludes to the
alleged inquities attending personal in
jury litigation He declares that per-
jured testimony, emotional juries and
badly constructed laws limiting la
bility, have tended to hamper the adj.
ministration of exact justice while the
heavy expense of litigation has render
ed it almost impossible for the poor
man to command his fights. In re-
ferring 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
number of suits for damages for per-
sonal injury. The settlement Of such
cases by-tthis system will serve to re-
duce the burden of our courts one half
by taking the cases out of court and
disposing Of them by this short cut. ;"
The message concludes with the
reiterated hope that the bill may be
passed before the adjournment OF the
present session of congress.
One Half Wages to be Paid.
The employers liability and, work
mems compensation committee was
headed by Senator Sutherland, Of
Utah. The commission personnel also
consists Of Senator Chamberlain, Of
Oregon: Representative Moon, of
Pennsylvania; Representative Brant-
lev of Georgia, and D. L. Cease, editor
=
port is accompanied by the draft Of a
bill in which the commission elimin-
ates the common law doctrine of negli-
gence with what it characterizes as
the unjust defenses of assumption Of
risk, fellow servants fault, and con-
tributory negligence. Compensation
with 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 wilful intention
of the employee to injure himself or
another or in case Of intoxication on
duty.
Increases Payments Of Roads.
The combined railroad companies of
the country are paying out to their
employees for accidents in settlements
the men,-young and old,--to enroll
their names on the parish register,
and thus become members of a society
which has for its main object the Sc
curing of greater reverence for the holy
name Of Jesus.