Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-21
BITTER DISCUSSION.


of lie Judiciary committee ought to
pass Oh the act 10 place the burden Of
proof in contributory negligence cases
upon the defendant.
At times the discussion waxed bit
ter. even reaching charges that some
members OF the Legislature arc work
ing IN the interests Of corporations.
A few DAYS ago. when the report Of
the committee on this measure, it was
at once tabled on the motion Of Sena
tor Bailey of Penobscot and assigned
for this morning for consideration. At
ter III the other business OF the Ser
ate had been disposed OF, Senator Bal
ley took the report from the table and
started his argument. lie declared that
the passage of law OF this kind would
seek to Go away With the rule Of judi
ciaI procedure in Maine that was an
old as the state. According to the
present law, The plaintiff must estab
lish his own case before the other par
ty to the action is required to put IN
his defense.
Senator Bailey gave a history Ut
length Of the plea of contributery
negligence and declared that the de-
Tense has now come to be a part of
the common law in England and the
United States. I'VE should not change
the law, he said, unless time and
usage have proved it to be wrong.
/ hope that this Legislature will pass
workmans compensation act. II il
does, it will take away u large num-
Ter of contributory negligence cases
the workman compensation will re-
move entirely the defense of contribu-
tory negligence. This law does not
take away this defense, but places the
burden of proof upon the defendant.
\ woraman's compensation act Is de-
manded by the economic conditions Of
the time. No longer are we living IN
an &c when a man or a corporation
may say Am l my brothers keeper
That time has gone by. / move the
indefinite pestponement of this order.
With big volume of the United
States Statutes before him, Sem
ator dorey of Androscoggin rose
to reply to the gentleman from Pc
nobscot The speaker said this bill
had been reported unanimously
fought to pass by the members of
the Judiciary committee. That body,
| he said, was made up of ten lawyers
and they had carefully considered this
measure If they thought it would
work any hardship upon anyone, then
| they would not have reported it un-
animously.t Senator Morey went into
an analysis of the law and said that
| it resolved itself into a question of
the legal right of the injured to re-
cover damages The fact that this
has been precedent, should not pre-
elude its being modified If necessary.
The senator read from the United
States Statutes of 1906, 10 show that
| in the case of common carriers, the
| Federal government mad taken like
action 1T is equitable for this State
| to follow the United States in it's ac-
tion. said Senator Morey. There
| never was time in the history of
| this country when it was so appar-
| ent that the people have lost conf
| dence in the judiciary. No one thing
| has contributed more to this senti-
| ment than the fact that the courts are
| sticking to old presidents"
| That many of the accidents for
| which damages are sought occur IN
! manufacturing plants, the speaker de-
| clared. "They are generally insured,
| he said" and it makes no difference
| 10 them about the defense. They are
| not losing any money in the case.
| Senator Cole of York took up the
cudgel laid down by Senator Bailey.
| He declared he was glad this question
was being aired in the Senate, for 1t
| was a good thing to have these ques-
| tions of law discussed so that all the
| members could have a full under
| standing on just what kind of legisla-
| ton was being passed. Il am glad to
| see that Senator Morey says this
| Legislature is doing a good work for
/ the people of Maine. 1t is, therefore.
a remarkable Legislature, and as a
member of the majority party, l
| thank him"
Senator Hersey.
The real bitterness of the discussion
| began with Senator Hersey of Aroos-
'soE. Tire newt speaker. He said he
! spoke for the principle back of the
| 49,. we should consider the great
masses of the people who are our
masters and for whom we legislate,"
he said. / don't believe that the cor
poration lobbyists are going TO get
into this Senate. This law is not 60
ing TO injure any good corporation.
If you do not enact, it however, you
are doing an injury to not only the
| CORPORATIONS, but to man. You will
| be DENYING man the justice that is
due and Will bring revolution into this
country.