Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-02-20
LIABILITY ACT IS
A GOOD ONE AND
SHOULDBE MADE
into A LAW
President Taft Presents to
Congress Report Of Commits
sion and Measure is AdvO-
Gated in Message.
ONE OF GREAT STEPS
OF PROGRESS HE SAYS


Washington. Fob 20. President
TAFT today submitted Co congress che
report of the employers uaulty com.
mission ana The commI ssious prupos-
"a employers liability aud workmcn's
compensation Din. accompanied by a
message ursiug jhy enactment of the
measure which Ia the most advanced
piece of liability legislation set pre-
scutod.
Tho president sets forth that the
proposed luN not only would ipsdrc
TO employee ot railroads engaged I'm
interstate commerce quick adjustment
Of their claims Tor damages but also
would relieve the courts OF q vast
amount of work and enable them TO
administer Judicial affairs with
greater dispatch
81 sincerely nope that the act viii
pass says the president II deem it
one OF the great steps Of progress to-
ward q satisfactory solution OF an i'm
portant phase OF the controversial be-
tween employer and employees that
haas been proposed within the last two
or three decades"
The main provisions of the measure
ere skctchcd In the measure and Mr..
TAFT takes up and dispOses OF three
objections advanced by It's opponents.
In the arst place." says the pros
ident, tho question arises whether
under tho provisions OF the commits
sion clause the bill could be consid-
cred to be regulation OF interstate
and foreign commerce. That seems
20 be already settled by the decision
of the supreme court Ia the employers
liability case
The second question is whether the
making OF these remedies exclusive
and tifc compelling Of the railroad
companies 90 meet obligations aris-
lnB from Injuries, tor which the rail-
road would not be liable under tho
! common law is a duo process Of law
which ia anjoinod upon congress by
the NTH amendment 10 the cOnstitu-
ton Ia dealing with property rights.
This question the report takes up and
be- an exhaustive review OF the author
itics and makes clear. as IL seems 20
TO me. the validity OF the act. IL Is
sufficient 10 say that the argument
Of the commission is most convincing
90 chow that the police power Of the
government. exercised In the rcgula-
tlon OF interstate commerce Is quite
sufficient 90 justify the imposition up
on the interstate railroad capitals Of
ne liability for the injuries To It's om-
| ployes on an insurance basis,
"The third objection is that the
right of trial By jury guaranteed by
| the seventh amendment rs donied. AZ
| "a matter OF fact the report Is reserved
Ia this act In permitting a jury 10
pass upon the issue when duly de-
mandcd. In accordance with the Inn
itations Of the act"
President TAFT then alludes 10 the
| alleged lhlquities attending personal
! injury litigation, He declares that
| periurcd testimony. emotional juries
and badly constructed laws limiting
| liability have tended 90 hamper the
administration OF exact Justice while
the nol,y expense of litigation has
I rendered % almost impossible FOR the
poor man Co command his rights In
referring 10 the conditions because OF
this form of litigation the president
/ says:
] The administration OF Justice to-
/ day is clogged in every court by tho
/ great number of suits for damages for
! personal injury. The settlement OF
fuch cases by this system will serve
| 10 reduce tho burden OF our courts
enc half by taking the cases out OF
court ana disposing OF them by TIM
short cut"
Tho message concludes with the re'
ucratod hope that tho oill may DE
/ passed before the adjournment OF tht
| present session OF congress.