Here then is the issue—­the world-old-problem—­established principles of law in conflict with changing social and economic conditions; and, as history shows, there can in such cases be but one solution.  The decision of the court, the statute of the legislature, yes, even the constitution of the nation, must in turn yield to the march of progress and adapt itself to changing conditions until once more it shall reflect the sense of public justice in its own time.  Hence, I say that in our discussion this evening, there can be no confusion of issues.  The Affirmative, according to the wording of the question, are to advocate a change in our common law, while the Negative in duty bound are to oppose the proposition for change, and to defend as the Negative always defend, the order of things as they are.

The Affirmative are to advocate such a change, the abolition of the common-law defenses of the employer.  For the purposes of this debate, it is immaterial to us whether this change is brought about by a simple extension of the employer’s liability, or whether it is accompanied, as in many of our states, by a system of workman’s compensation.  Likewise, it is a consideration extraneous to the issues of this debate, whether the employer shoulder this risk himself, whether he insure it in a private insurance company, or whether he be compelled to insure it in a company managed by the state.  At all events, and under any of these plans, the proposition of the Affirmative will be maintained, the employer will be deprived of his defenses at common law, and the employee will recover his damages regardless of questions of fault.

Assuming then the full burden of proof, the Affirmative propose to demonstrate that the assumption of risk and the fellow-servant rule as defined and interpreted by the common law should be abolished, first, because whatever reasons may have justified these doctrines in years gone by they have no application to industrial conditions in our day; and, secondly, because the abolition of these common law defenses will but place the burden of industrial loss, as in justice it should be placed, upon the ultimate consumer of the product of the industry.

Mr. Watson, speaking for the Negative: 

The proposed abolition of these two common-law defenses, like every change of law or any suggested reform, is brought to our attention by certain existing evils.  The advocates of this reform have a definite proposition in mind and that proposition is definitely and clearly stated in the question.  It is a question in which people in every walk of life are concerned.  Since it is of such widespread interest, let us lift it from a plane of mere debating tactics, in which a question of this kind is so often placed, and where a great deal of time is spent in arguing what the Affirmative or the Negative may stand