262 JOURNAL OF PROCEEDINGS [Feb. 8

Mr. Scrimger submitted the following substitute for
said amendment,

Strike out everything after the enacting clause and
substitute the following:

That if any injury is occasioned to any person by
reason of the Act or negligence of any other person in
the service of the same employer, the employer shall not
be exempt from liability for such injury by reason of the
fact that the person causing the injury was a fellow ser-
vant or co-employee of the person injured, unless the
two employees were engaged in the same grade and
department of employment.

Mr. Kimble moved to re-commit the whole matter to
the Committee on Judiciary.

31r. Scrimger called for a yea and nay vote.
And the call being sustained,

The yeas and nays were called and appeared as fol-
lows:

		AFFIRMATIVE.
	Messrs.
	Speaker,	Smith,	Real,
	Kendall,	Anderson, of Wor.,	Long,
	Krems,	Truitt, of Wor.,	Staley,
	Phelps,	Buckey,	Biggs,
	Choate,	Waters,	Clark,
	Stewart,	Bast,	Deets,
	Collins,	Lakin,	Frenzel,
	Dudley, of Talbot,	Brown, of Fred..	Radcliffe,
	Willis,	Mitchell,	Close,
	Ward,	Proctor,	Critchfield,
	Dryden,	Hopkins,	Graeff,
	Disharoon,	Foster,	Anderson, of Car.,
	Corkran,	Satterfield,	Hoffacker,
	Pattison,	Lednum.	Hanson.
	Linthicum,	Knott,	Waller,
	Mackie,	Lehmayer,	Bennett,
	Kimble,	Latrobe,	Wilson,
	Dudley, of Q. A.,	Martenet,	Finzel — 56.
	Norman,	Siegmund,