The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-21
av AssOcla4sd press.

Washington. Feb. 2e.-President
TAFT today submitted TO congress the
report of the employers liability
eomnission and the commissions pro-
posed employers liability and work
mems compensation bill, accompanied
By a message urging the enactment
oS 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 railroads en-
gagged in interstate commerce quick
adjustment of their claims for dam
: ages but also would relieve the courts
of vast amount Of work and enaole
them to administer judicial AFFAIRS
with greater dispatch. =,
Il sincerely hope that the act VIII
pass. says the president. deem
Il one of the great steps of progress
toward q satisfactory solution OF an
important phase Of the controversies
between employer and employee fnaI
las been proposed within the last Two
or three decades
The Mann provisions OF the measure
are sketched IN the message and then
Mr.. Taft takes up and disposes OF
three objections that have been ad-
vaneed by It's opponents.
In the first place. says the presi-
dent, the question arises whether,
under the provisions of the commerce
clause. the bill could be considered to
be regulation Of interstate and Tor
eign commerce. That seems to be al
ready settled by the decision Of the
supreme court in the employers LA
bility case.
.'The second question is whether
the making Of these remedies exclusive
and the competing Of the railroad
companies to meet obligations arising
from injuries, for which the railroad
would not be liable under the common
Law, is a denial OF the due process Of
law which is enJo1ned upon congress
by the Fifteenth amendment to the
constitution IN dealing with the prop
erty rights These questions the re-
port takes up and In an exhaustive
review of the authorities makes clear.
as It seems to me, the validity Of the
act. It Is sufficient to say that the
argument OF the commission is most
convincing 70 show that the police
power Of the government exercised In
the regulation OF interstate commerce
is quite sufficient to justify the Inn
posing upon the interstate railroad
companies Of the liability for the in
jurses TO its employees on an insur-
ance basis.
The third objection Is that the
right OF trial by jury, guaranteed by
the Seventh amendment, is denied AS
q matter of fact, the right is pre-
served IN this act by permitting a jury
to pass on the issue when duly de-
manded, in accordance with the Inn
itations Of the act
President Taft then aIfudes to the
alleged iniQuitfes attending persona.
injury litigation. He declares thai
perJured testimony. emotional iuries
and badly constructed laws limiting
liability have tended TO hamper the
administration OF exact justice. while
the heavy expense Of litigation has
rendered L almost impossible for the
poor man to command his Rights II
referring TO the condition OF the courts
because OF this form OF litigation, ths
president Gays:
THE administration OF justice to.
day is clogged in every court by tn,
great number OF suits for damages To-
personal injury. The settlement o
such cases by this system win serv,
TO reduce the burden OF our courts
one-haif by taking the cases out o
court and disposing Of them by thf
5hort cut"
The message concludes with the re
iterated hope that the bill may b
passed before the adjournment of tn
present session Of congress-