The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-02-24
TAFT URGES LIABILITY Law,
REPORT OF COMMISSION EN-
DORSED BY PRESIDENT.
Declaring Employers Liability Act
the Most Advanced Piece OF Lcgis-
latiOn on the Subject, Taft DispOses
Of Objection - Would Guarantee
Quick Adjustment OF Claims and
Would Relieve Courts of Great
Burden.

Washington, Feb. 20.-President
Taft today submitted to Congress the
report of the employers liability
commission and the commissions pro-
posed employers liability and work
mems compensation bill accompanied
by a message urging the enactment of
the measure which is the most ad-
vanced piece of liability legislation
yet presented. The President sets
forth that the proposed law not only
would insure to employees of rail-
merce quick adjustment Of their
claims for damages, but also would
relieve the courts Of vast amount of
work and enable them to administer
judicial affairs with greater dispatch.
II sincerely hope that the Act will
pass" said the President. II deem
1t one Of the great steps Of progress
toward satisfactory solution Of an
important phase Of the controversies
between employer and employee that
has been proposed within the last
two or three decades"
The provisions of the measure are
sketched In the message and then
Mr.. Taft takes up and dsposes Of
three objections that have been ad-
vanccd by its opponents.
"In the first place." says the Presi-
dent, "the question al ! whether un-
der the provisions of the commerce
clause, the bill could be considered
to be a regulation of Interstate and
foreign commerce. That seems to be
already settled by the decision Of the
Supreme Court in the employ ers' liza
bility case
"The second question is whether
the making Of these remedies ex-
elusive and by~compelling OF the rail-
road companies to meet obligations
arising from injuries, for which the
railroad would not be liable under
the common law, is q denial of the
due process Of law which is enjoin-
ed upon Congress by the fifth amend
ment to the Constitution in dealing
with the property rights. This ques-
tion 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 sufficient to
say that the argument of the commits
sion is most convincing to show that
the police power Of the government
exercised in the regulation Of Inter-
State commerce Is quite sufficient to
justify the imposition upon the Inter-
State railroad companies Of the liza
bility for the injuries to its employees
on an insurance basis
"The 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 preserv-
ed In this Act by permitting a jury
to pass on the issue when duly de-
manded, in accordance with the linn
itations OF the Act
President Taft then alludes to the
alleged iniquities attending personal
injury litigation. 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
rendered it almost impossible for the
poor man to command his rights In
referring to the condition of the
courts because Of this form Of litiga-
ton. the President said:
"The administration Of justice to-
day is clogged in every court by the
great number of suits for damages
for personal injury. The settlement
Of such cases by this system will serve
to reduce the burden of our courts
one-half by taking the case out of
court and dsposing of them by this
short cut"
The message concludes with the
reiterated hope that the bill may be
passed before adjournment of the
present session of Congress-
WIFI lie Also Run?