The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-20
Prepared by the Employers
Liability Commission.
He HOPES IT WILL PASS
Calls 1t a Great Step Toward
Solution of the Question.
He Disposes of the Objections
Which Have Arisen.

WASHINGTON. Feb. 20.-President TAFT
today submitted to congress the report
of the employers liability commission
ana the commissions proposed eFa-
ployers' liability and workmen's COM
pensation bill, accompanied by mes
sage urging its enactment. 1t IS tne
most advanced piece Of liability lesasist-
ton vet presented. The president sets
forth that the proposed lav not oIlls
would insure to employees of raIlroaus
engaged in interstate commerce qnlcA
adjustment of their claims for Jam
ages. bul also would relieve the courts
of a vast amount of work e
them to administer Judicial affairs with
greater dispatch
Il sincerely hope the act VIII pass,
says the president. 4 deem u , oile =
4he great steps of progress toward q
satisfactory solution of an lmportdl'A
phase. of the controversies between en- en-
ployer and employee that has peeh plo
bosed within the last two "r three ue
cades." . of
three objections that have been az
vanced by its opponents IL ,,asi-
IN the first place says the pres s|7l
dent the ulsestion arises, WhelheI, - IL
5e~ tbe DrOvisfcnS of the conlhletC CS
clause the bill could be considered y
he a regulation of interstate any
eign commerce That seems " -
ready settled by the ueelSloH -
xttDrene court ~.
.iI-he se9ond question is whether tne m
making cf these renleules eAe51' lsa,l 90 ~
the compelling of the railroad cohlA5e-l. 4.,,,
les to meet obligations aIiSllS -
INJURIES for which the railroad "ouiG y.
NOT he liable under the common law y
a denial of the due process O q q,
which is enjoined upon congress py ~
fifth amendment to the eonstltu'ioii -
validity of the Act
..r-b5s question the report takes up ana
in an exhaustive review OF Liae az
ties makes clear, as It seems - - ..sfi .a.si
4ha validity of the act 1t IS sulhclene
e. sav that the argument OIL the com
~ =ie, iS most conyinci~ to show
that the sp0lfce power OF the- sos =.
,1a.9+ exercised in the re5uiatlen 81 IL "
terstate commerce IS qlate suAlisiG,.t ~ -, -
Austifv the imposition upon tHS ..9st
e+ate railroad companies of the lapliles
for the injuries to its employees oii s'ii
Insurance basis II, -t+,
ssrThe third objection is that the rlsl&
of trial bv Jury is denied AS a mattef
- fact The right is preserved in this
act by. permitting jury to pass on ttie
sss1e when demanded, in accordance
with the limitations of the act
President Taft declares that perJured
testimony. emotional jurles ana paals
constructed laws limiting liability nave
tended to hamper the administration OF
Justice while the heavy expense OF hfl-
cation has rendered it almost lmpos-
sible for the poor man to command ms
rights In referring to the conditions
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 will serve to re- |
duce the burden of our courts one-half
by taking the cases out of court and |
disposing of them by this short cut
The message concludes with the relt-
Grated hope that the bill may be passed
before the adjournment Of the present /
session of congress
The Report.
The report is accompanied by the
draft of bill in which the commission I
eliminates the common law doctrine of /
negligence with what it eharacterizeS /
of risk, fellow servants fault and con-
tributory negligence Compensation /
with a general basis of an equivalent |
10 one-half wages is to be paid in
every case except where the injury or
death is caused by the wilful intention
of the employee to injure himself or |
another or in case of intoxication on /
duty.
The combined railroad companies of /
the country are paying out to their |
employees for accidents in settlem ents
and judgments approximately $10,0S5,- I
900 and the proposed law, as nearly as |
the commission can estimate it. Will |
raise this by 5 per cent. Figuring on /
the periodical payments extending I
pver a term of years and capitalized I
at per cent, the commission points
put that the total received by the bene- /
6ciaries would reach an aggregate of
s15.O0O.0OO annually 1t points out
that for every dollar the railroad COM
panies are compelled to pay under ex-
listing law they will under the pro-
posed law pay approximately s1.25,
and that for every dollar the en-
ployees and their dependents now re-
receive they would receive a sum very
much in excess of S1-25. 1t says that
during 1905 1909 and 1910 the rail-
roads paid S14.50A.0OO in settlements
death of nearly 1900 workers and
s21333OO0 Approximately for perma-
nent or temporary disabling in iuries,
as we'll as sustaining an economic
loss of 161. $4,000 days.
The proposed bill declares that it
the burden of payment for personal
INJURIES as an element of the cost of
transportation and directs the inter
state comm cree commission to recog-
uize and give effect to this policy.
AboIishes Other Remedies.
The bill would provide that every
common carrier engaged in interstate
or foreign commerce by railroad shall
paw compensation to any employee
who systains personal injury in line of
dutv or to his dependents in case of
his death. It makes the remedy ex-
elusive by reason of the com pensation
being complete satisfaction. 1t abol-
statutory remedies. and applies to all