Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-02-23
NEW LIA2,I ITY LAW
URGED BY PRESIDENT
IN MESSAGE TUESDAY
Taft Strongly Recommends
That Congress Pass Bill Re-
Gently Framed by Employ
erS' Liability Commission
Csy Associated Prsss.)

fBy Associated EreSGsl
WASHINGTON, Feb. 2O.-President
Taft today submitted to congress the
report of the employers liability COM
mission and the commissions proposed
employers liability and workmen's COM
pensation bill, accompanied by a mes
sage urging the enactment OF the meas
ure 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 a vast amount of work an I
enable them to administer judicial az
fairs with greater dispatch
81 sincerely hope that the act viii
pass" said the president. II deem II
one Of the great steps Of progress to-
ward a satisfactory solution of an i'm
portant phase of the controversies be-
tween employer and employe 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 advanced BY
its opponents.
I'm the first place." says the presi-
dent, "the question arises whether un-
der the provisions Of the commerce.
clause, the bill could be considered TO
be q regulation Of Interstate and for
eign commerce. That seems to be al
ready settled by the decision of the
supreme court in the employers liabili-
ty case.
''The second question is whether the
making OF these remedies exclusive and
the compelling Of the railroad compa-
MES to meet obligations arising froIn
injuries. for which the railroad would
not be liable under the common law,
is a denial OF the due process Of law
which is enjoined upon congress by the
fifth amendment to the constitution in
dealing with the property n ghts This
question the report takes up. ard in
an exhaustive review of the authorities,
makes clear, as it seems to me, the va
lidity 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 eS-
ercised in the regulation of Interstate
commerce, is quite sufficient to Justify
the imposition upon the interstate rail-
road companies of the liability for the
injuries to its employees on an insur-
ance basis.
"The third objection is that the right
of trial by jury, guaranteed by the sew
enth amendment, is denied. AS a matter
of fact. the right is preserved in this
act by nermitting 9 Jury e. paSS. - -
issue when duly demanded, u accord
ance with the limitations of the act
President Taft then alludes to the AZ
legged fniquities attending personal in
Jury litigation lie declares that per
jured testimony, emotional Juries and
badly constructed laws limiting liabiii-
ty, have tended to hamper. the adminis-
-tration Of exact justice while the heavy
exnense of litigation has rendered. IL
almost impossible 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:
''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 this system viii serve TO re-
duce the burden OF our courts one-hF.h
by taking the cases out of court anu
disposing of them by this short cut.
The message concludes with the re-
iterated hope that tle bill may be
passed before the adjournment Of tn
present session of congress.