Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-10-17
IS
GIVEN HIS SEAT.
DR.. Aldrich of st. Johnsbury
Wins Much Good Feeling by
His Manly Act.
EMPLOYERS LIABILITY LAW
Analysis of Measure introduced
in House and Suggestion OF
One That May Come
Later.
EMPLOYERS LIABILITY LAW

| Montpeh,r. Oct. 16.-Dr. W. 3. Aiai1ch.
the progressive member from ST. Johns
bury, has been allowed to take the oath
and assume his seat as member OF the
| House. The course Of DR.. Aldrich in
declining to pass Judgment on the merits
| OF his own case hrs won much good
| feeling for him. Had he taken the oath
| and engaged In the work OF the session,
1t Is probable that no question would
have been raised as to his right to hold
his seat, but ne preferred to have the
House act in the matter and have formal
| Justification for taking the oath. 1t is
| only by very strict construction of
| the constitution that the committee on
! elections could have rendered a report
| adverse to his right, since he is not a
| regular appoiltee as pension examiner.
! but substitute called in when the
| regular examiner is unable to attend to
his duties. and Dr. Aldrich's total re-
| ceiptS from such services last year
| amounted to less than $2o.
| From the gossip of some good lawyers
1t might be gathered that the rule laid
down in seating of DR.. Aldrich might be
a hard one to limit The committee in
its opinion insisted that to hold such
| an office within the meaning of the
! constitution man must devote the
| ma jor part of his time to it, and derive
substantial part of his income from
II. Under this ruling it was suggested
that the postmasters barred in previous
| years nlsht have been admitted. one
lawyer suggested that rs far as the rule
about the major part of his time was
| concerned. any federal office holder
could now be admitted
The real kernel of the matter was
that everybody felt that II would ~
a shame to bar the doctor on such
technical grounds as those Of the
| present case. and as the constitution
goes on to make the House the sole
judge of the qualifications of its own
| members, the members were fairly
safe in deciding the case solely on its
merits
EMPLOYERS LIABILITY BILL
House bill No. 20, the employers
liability law, makes no radical change
of the whole system of compensating
injured workmen In actual effect it
only goes to the extent of Introducing
two innovations. One Of these is the
repeal of the old common law rule
that contributory negligence is a bar
to any recovery and the Introduction
in its place of the newer theory of
comparative negligence by which. in
stead of throwing the plaintiff out of
court when II is proved that his own
negligence contributed materially to
his Injury. the jury is instructed to
take that into account. decide how the
, PLAINTIFFS compares with the negli-
sence OF the defendant, and assess
damages accordingly. The objection
most frequently urged against this
change is that IT merely amounts IN
preventing the injured mans negli
sence from being in any way a bar
:, to recovery.
Inc comparative negligence part II
, IL urged, viii have no effect. because
, jury whose sympathies have been
/ worked by clever lawyer will AL
, ways go as far as it can in favor of
y the injured man This produces the
. somewhat undesirable result by whic h
my negligence counts against me 10
" such an extent when ] negligently
, hurt someone else that ! have to pay
a MN as far az is possible to make un
, tor MS hurt, while II l am hurt as n
9 result OF my negligence combined with
a someone elses negligence. my negli.
- sence does not count at all and ths
a other person must pay the whole
Ihe other innovation In this bill is tn,
shifthS OF the presumption as to contrib
. utary negligence and assumption of risk
:, So mat the defense must prove them. in
. stead OF being able as at present to fore,
h the p!aintin to show the absence of them
:, In this the bill has some weightv author.
it 4
g IL! on lts sldc But II seems to be the
opinion or many of the most prosressiv,
n ana pest informed of the members that
y the whole method of recovery for injurie.
!, arter night In courts of law should b,
a ohahGed 10 one or compensation for in
:. Juries received IN the course OF employ.
meht pE reference to schedule Such 6
law would eliminate the danger from tn,
cNtraVasant verdicts of emotional juries
q the waste or long-fought battles of tn,
a aw' would abolish the middcman ant
10 make II certain that every cent the EN-
II ployer mad to pay went into the pocke
- OF the injured man instead of being di
10 vided with his lawyers, In the end sucl
u law would he more economical for al
IL concerned. 1t Is almost certain that som,
y such compensation measure will be intro
duced later in the session. II such
- in'hSuit IL introduced, the author OF thu
lie liability bill, Mr. Miller of Bethel. ha
'r assured representative of the Ere,
II Press that he will not quarrel with It
m The Soldiers Home makes an earl,
IL call for an appropriation. asking s32,
IL 600 for 1919 and 1914
:, BILLS RELATING TO DEER.
IN Three bills relating to the shootinl
p, OF deer appeared IN the House thu
10 morning. Mr. knight of Dummerstol
At would permit such shooting In tn
ID last week in October having six work
g. Ing days. Bennington and Esse,
he are probably the most heavily woode,
se counties In the State and afforl tn
:" most extensive covers for deer. Thi
ID fact tends to explain why Mr.. KNAPP
OF Woodford would have genera
lQpa0 season for the entire month o