Churchill, Randolph Henry Spencer, Lord, 1849-1895
Whenever the subject came before the House the four friends were in
their places. There was not a single sitting from which they were
absent, or a single clause which they did not amend, or seek to amend.
It is, moreover, true that many important alterations in the scope and
detail of the measure were conceded to their insistence and that many of
their proposals, though rejected by the Government of 1880, have now
become the law of the land. The unforeseen complexity of the measure
afforded an indefinite scope to their ingenious minds. All sorts of hard
cases were propounded, to which the Government could find no
satisfactory reply. An employer was to be liable for accidents which
occurred through his defective plant or stock. Did this include animate
as well as inanimate things? The Ministers in charge had not made up
their minds. They had contemplated in the word ‘stock’ a stack of timber
or bricks which might fall and cause injury through negligent stacking.
They were now invited to consider the case of live-stock. Lord Randolph
said that a farmer might have a horse which he knew perfectly well had
a disease of the foot and was liable to come down at any moment. Would
the workman riding home from plough and injured by the fall be secured
compensation under the Bill? ‘No,’ replied the law officers, ‘for the
disease of the foot would not be due to the negligence of the employer.’
‘But suppose,’ asked Mr. Balfour, ‘the employer had thrown down the
horse and broken his knees, and that on a subsequent occasion, in
consequence of the horse having been thrown down by his carelessness,
his servant was thrown and broke his arm, what then?’ And it then
appeared there might be liability.
And what was a defect in ‘stock’? The bricks or timber might be stacked
so as to cause injury and yet be themselves most excellent materials.
The defect was not in them but in the person who stacked them. Someone
recollected that the rays of the sun had ignited lucifer matches lying
in a shop window, which in turn set fire to gunpowder and produced a
serious explosion. Where was the defect? If anywhere, it was in the
glass which had concentrated the rays of the sun. Amid such questionings
and the utter confusion to which they led, Mr. Dodson and his friends
passed many uncomfortable hours. Lord Randolph and Mr. Gorst were very
profuse in regrets for the slow progress of the Bill. But when the
Government themselves did not understand their own measure it was
necessary to be very careful indeed--and, after all, there was plenty of
time; better sit till November than scamp public duties and pass
slovenly or unworkable legislation.
Public-domain text, read in full here on John Shaqi.
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