Norwich Bulletin Newspaper, November 14, 1914, Page 7

D " COMPENSATION LAW BEYON of George Marsdale Off * Law Has Extra Territorial Force—Thames Fowboat Co: is Directed to Pay $5.22 Per Week for 312 Weeks. The finding and award and memor- andum. of decision was filed on Friday with the clerk of the superior court by Dr. James J. Donohue, compensation commissioner, in the case of Mrs. Mar- efa 8, Marsdale, administratrix, of New D, against the Thames Towboat o, of New London. She tm a c:,n.lmen’- ant the company for com! - uflofl%e death of her son, George, Who jumped overboard and was drown- ed on ril 15, 1914, in Rathbun Bay, near Solith Amboy, N. J., while he was an employe of the company on board e tug Aries. th;hu‘gn‘ found that Mrs. Marsdale wes a total dependent of her son and that his wages were $30 per month and board at 50 cents per day, Commis- aioner Donohue had directed that the Towboat company pay the mais moth- er $5.22 per week for 312 weeks, which is one-half of his weekly wages, and the sum of $100 for burial ex- penses. Counter Claims Against the finding and award of the commissioner, the Towboat company made the claim thaat the workmen's compensation act has no extra terri- torial force, that the district court of the United States sole and exclu- sive jurisdiction of &n action, if any there be, arising out of the death in this case, that the compensation act is ugconstitutional, that the fatal in- jury did not arise out of and in the course of the employment of the deced- ent, and that the emlmant for whose benefit these proceedings are institut- ed is not a dependent. “These various claims were overruled by the commissioner. & One of the important rulings by the commissioner in this case covered upon the claim made by the respondent company that the Connecticut compen- sation law had no extra-territorial force, that is, that it did not apply upon accidents or fatalities transpir- ing outside of the state, a claim which was overruled by the commissioner. In his memorandum of - decision, Commissioner Donohue quotes, among others, the New Jersey case of Deeney vs, Wright & Cobb Lighterage Co. fro mwhich he gives what the court says as follows: “It appears that there is an implied contract to compensate for injuries arising out of and in the course of the employment, and under it all other methods and rights to any other form of compensation are relinquished. The statute can have no extra territorial effect, but it can require & contract to ‘be made by two parties to a hiring that the contract shall have an extra territorial effect.” “The canse of action of petitioner is ex contractu. The Lex loci contractus governs the construction of the con- trect end determines the legal obliga- tions arising from it.” ‘The compensation acts of the state of New Jersey and the state of Con- necticut are very similar on the ques- tion of contract of employment, and the foundation of thet principle of com- pensation seems to be based on con- tract and great weight should be given to the decision of the New Jer- esy supreme court, especiaily in the Deeny vs. Wright & Cobb Lighterage company case; and under the Connec- ticut act, when an employer and em- ploye agree to accept its provisions, it is understood to include the mutual yenunciation and waiver of all rights and claims arising out of injuries sus- tained in the course of employment, except in the manner provided by the act. The respondent’s attorneys make the claim that the employe who has an injury shall submit him- self on request to an examination by @ reputable practicing physician, and then they attempt to conclude by stat- fng that reputable practicing physi- cian must mean one practicing under the laws of the state of Connecticut. is no reason to conclude but what a reputable practicing physician of any state can make the examina- #ion in question. Upon the claim that Mrs. Marsdale ‘was not a dependent of her deceased son, George, the commissioner shows that there 'was an agreement between hi mand his mother .that he should her and he had been paying all the funeral expenses of his father and had just completed the last payment the week before the boat sailed. While George Marsdale was paying off these funeral expenses, Mrs. Marsdale had been living with another son, Charles, but the agreement was that George was to support his mother as he had previously done before he took up the . Ohildren Ory FOR FLETCHER'S CASTORIA CRAWFORD A demonstration of the CRAWFORD RANGE M. HOURIGAN’S at costs you just your time. It’s an investment of time that pays big dividends in satisfaction and full eco~ nomy to the -housekeep- ‘ers looking for a range ‘that always “MAKES GOOD” - RANGES Commissioner Donohue Makes Important’Ruling in. entire payment of the funeral expenses. In comment upon_the claim that the fatal injury did not arise out of and in the course of the employment, Com= missioner Donohue @uotes Chief Jus- tice Rugg of the Massachusetts su: preme court in the McNichol case, who says “it is sufficient to say that an in- jury is received in that course of em- ployment when it comes while the| workman is doing the duty which he is empleyed to perform. It arises out of the employment when there is ap- parent to the rational mind, upon con- sideration of all the circumstances, a casual connection between the condi- tions under which the work is required to be performed and the resulting in- jury. Under this test, if the injury can he seen to have followed as a natural incident of the work, and to have been contemplated by a reasonable person famillar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises ‘out of’ the employment, but it excludes an injury which cannot be fairl traced to the employment as a contributing proximate cause, - and which comes from a hazard to which the workman would have been equally exposed apart from the employment. It must be incidental to the character of the business and not independent of the relation of master and servant. Tt need not to have been forseen or ex- pected, but after the event, it must appear to have had its origin in the risk conaected_with the employment, and to have flowed from that source as a national consequence.” Attornevs for the Towhoat = com- rany made the claim that the decedent met death by the voluntary act of jumping overboard, while the rest of the crew climbed to safety on the pilot hoat cf the house an dwere saved and that the action of the decedent in jumping from th~ pilot house was not what a reafonable man would do un- der the same circumstances. g Commissioner Donohue meets this claim by sayving that if the facts, as allezed by the Towboat company Aare true, it can be considered nothing more nor less than an error of judgment on the part of the decedent, and therefore would not be considered “serious and wilful misconduct.” The fact of the matter is that the tug Afres was in a perilous position with every probability of going under and this men might have jumped into.the water in an effort to save his life, which wouid not be gn unnatural thing for a person to do under these circum- stances. but the fatal accident appears after the event to be what should he considered a “rational consequence.” BEQUESTS MADE IN MRS. HUMPHREY GALLIVAN'S WILL. Document Has Been Placed in .Mont- ville Court. In' the will of Mary Good Gallivan, widow of Humphrey Galiivan, who died in Montville May 26, which has been probated at Montville, are the follo¥- ing bequests: To Rev. P. J. O'Rellly, pastor of St. John's Roman Catholic church, Mont- ville, $100. To St. Patrick’s Church corporation, Norwich,. $150 in trust for care and maintenance of Gallivan plot in St Marys’ cemetery. To St. Joseph’s union, No. 375, New York, $200, to be used as follows, viz.: One-half thereof, or $100, shall be used for saying masses for the repose of her eoul, and the other ome-half, or $190, shall be used for saying masses for the repose of the soul of her husband, Humphrey Gallivan, To Boys' Home Mission of Our Lady of Pity, Cincinnati, O., $30, to be used for the purpose of saying masses for the repose of® the souls of such per- sons as may be named in a separate paper. To William J. Gallivan, $50 The remainder of the proceeds from the sale of the real estate is to be di- vided into 256 equal parts and the parts distributed as follows: Maud W, Gallivan, in trust for Katherine A. Gallivan, dughter, 14 parts; to Maud ‘W. Gallivan, in trust for Hannah J. Gallivan, 3 parts; to Maud W. Galli- van, § parts. To Nellie E. Smullens, Hannah J. Galllvan and Maud W. Gallivan, the household furniture and furnishings. Other bequests to be made after fu- neral expenses and all debts are paid are as follows: To Patrick Goo.l, brother, $200; to Timothy Gallivan, son, $5; to Nellie Smullens, daughter, $1,- 000; to Julia Casey, daughter, $100; to Maud W. Gallivan, daughter, $1,000 in trust for Hannah J. Galiivan, daugh- ter; to Maud W. Gallivan, daughter, $1,000; to aKtherine, Agnes and Maud ‘W. Gallivan, daughters, the remainder of the property and estate. Maud W. Gallivan is appointed ex- ecutrix of the will. Table Talk That the economy of quality. with us does not necessarily mean costly outlays will be shown in our splendid-line of- Dining Tables From $5. 10 $40, It would mean Tlittle to you if we describe them with ‘the ordinary bar- gain talk. They're “ex- traordinary value of “ex: traordinary quality. M.Hourigan 62-66 Main Street Norwich, Conn. Branch, Jewett City arrested by Sergean! Kane and Policeman John Royston' a moma of a :elauv'. m:'al;l:.!l"‘mw a sl cut over which he claims ' was done wl!hn: butcher knife in the hands of his wife. While running away from the seche of the shooting he fell into a culvert near the almshouse and hurt his back. His wife claimed he has been drinking the past year and she denled any wrong doing on her part. The prisoner, who is now in jail awaiting the criminal court in January, i blacksmith and of rugged build. He is a native of Penmnsylvania and talks good English, During the course of the trial Mrs, Tomell said that her husband had been arrested and sentenced in Providence to a term in jail for theft, but that after serving several months of his sentence he had escaped from jail and they had come here about two yea:s ago. Joseph Leseure of Willimantic could not pay $7 and costs for being drunk and acting In a vile manner and he is now in jail. WILL CONDUCT SERVICES AT NORTH WILTON Evangelist Carrie Viola Wilbur Going to Methodist Church Thegs Miss Carrie Viola Wilbur, evgngelist, 18 to be at North Wilton for the next :‘ivth wee#s. m«;;ngu;tmgFre;;vul services e churgh of Rev. F. M. Hallock tsz;le ’l\ae:hapldtit Northeast = e is to leave here toda; Satu: for North Wilton, s 2 While at Bell Island this summer Miss Wilbur spoke at Vista, N. Y., church, and here received a call for a Sunday at North Wilton at her first cpen date in September, with the re- sult of a call to return et once for services, Owing to previous engagements No- vember 15th was the firs# that could be scheduled. At Eastford during October a most wonderful series of meetings were-con- ducted and many young people were saved and gave glowing testimony of the fact. Since September at Wilton four prayer meetings weekly have been con- ducted and many conversions, so the two weeks' specfal work are expected to be great times of spiritual uplift. PHILIP DOWLEY WAS AT WORK IN PROVIDENCE nt Who Left Norwich State Hos- pital Brought Back. Philip Dowley, & patient at the Nor- wich State Hospital for the Insane, who made his escape from the insti~ tute on last Sunday by pushing out a porch screen, was found in Providence and has been returned to the hospital in charge of an attendant. The man was located in Providence the day after his disappearance and was taken in charge later in the week. He walk- ed part of the distance and went the rest of the way to Providence on a frelght train. Before he was taken into-custody he had secured wark. D. A. R. STATE MEETING At New Haven on Nov. 30—Interesting Programme Prepared. Pa The state meeting of the Daughters of the American Revolution is to be held at Center church, New Haven, on Monday, Nov. 30. There is to be a reception in the ballroom of the Hotel Taft at 11.30 o’clock at which the of- b e ot e ficers and speakers will be the guests of honor. This will be followed by a luncheon, also in the ballroom, at 12 o'clock, and the meeting will open at the church at 1.30 o'clock. Mrs. Jorn Buel of Litchfield, the state regent, will preside, and the address of wel- come will be given by Mrs. John T. Manson, regent of the New Haven chapter. The speakers will include Governor Simeon, FE. Baldwin, e President William H. Taft, Mrs. Wei- liam Cummings Story, the president- general, and Mrs. George Maynard Minor, ‘the vice presiden-general from this state. The invocation will be pro- nounced by Rev. Oscar E. Maurex, pastor of Center church, Hartfor3, While Rev. F. A. M. Brown, of the Benedict Memorial church, Hartford, will give the benediction. ST e TS0 NORWICH IMPROVEMENT CO. Will be New Name for Rose of New England Home Co. The directors of the Rose of New England Home company held a meet- ing on Friday night when it was decid- cd to change the name to the Norwich Improvement company. Application: for incorporation has been sent to the sec- retary of state. The application - quests permission to deal in real es- tate. As soon as the papers have been properly flled the company will begin negotiations with the local Moose, who are contemplating the rental of proper- ty to be used as a home. S COST REILLY $995. Election Expenses of Defeated Con- gressman from Third District, The returns of election expenses filed Friday with the secretary of state included a statement from Congress- man Thomas L. Reilly of the Third distri The expenses of Mr. Rellly amounted to $995. His political agent, Mr. Goode, received contributions in- cluding $200 from Mr. Reilly, to the amount of $740, - It cost Charles D. Burnes of Green- wich $285 to defeat.Albert Phillips for secretary of state, $250 of this. m& to the treasury of the republican e central committee. .. Williams of Waterbury, S lon henmml d}:&onm‘- for the 2 ‘congressional ct in the case of Emma R. Skinner of Winchester against the Connecticut School for Im- beciles at Lakeville. Presented a Cut Glase Punch Bowl Representative-elect Albert J. Bai- ley, who, besides this honor, is a re cent. benedict, was presented a hand some cut glass punch bowl by the West Side Pinochle club at their meet- ing this weck. The presentation speech was by Alexander Jordan, president of the club, _ . Shop Early Signs * The “Shop Early” cards issued by | the Consumers’ league as a suggestion for Christmas shopping have been re- celved by the two Norwich directresses ha placed in a number of conference. |} asilks or the most delicate fabrics ur Men’s Store Clothing * Hats Furnishings A GREAT SUIT EVENT Men’s and Youths’ $12.50 $18.00 Suits at This offering comprises 50 Suits for men and youths, in black, navy, gray and fancy mixtures, in a splendid variety of new de- signs. The models are two and three-button Sack Coats, some with soft roll—all this season’s newest models, regular $18.00 512 50 ‘Women's and Misses’ Coats, gray value at ular $25.00 value at values at showing of Women's Sice Men’s Sweaters a good time to buy a New Sweater, either for personal wear or purposes. Note the following offerings— Now for gift Men's Sweaters in cotton and wool, colors are Ox- ford and maroon—these are 1 regular $2.50 Sweaters nt..sl-” Men's Heavy Weight, Shak- er-knit Sweaters, V neck only, in Oxford and maroon, regular $4.00 Sweaters at.’. 83'39 VISIT OUR SECOND FLOOR TODAY Matchless Values in Coats, Suits and All Kinds of Apparel Advantageous Buying Enables Us to Offer These | black boucle with plush belts—extra special value at...e..e.e.. TOW $0 ecesscsssarensarassasssoceconnnnn <pe mixtures, navy eponge and $750 Women's Coats of fine quality ziberline and boucle, with hand- some plush collars, loose and belted back—these are very special sl 2.50 Women’s Odd-size Coats, sizes 37 to 47, made of wide-wale diag- onal, lined throughout with Skinner's satin, 52 inches long, reg- $15 w 3 RIS T R, .o 3 4 High-grade Coats, handsome models. Spec ‘ and most favored fabrics, at $17.50, $22.50 and $25.00. Women's Tailored Suits, smart models, made of good quality poplin and serge—Suits that were $17.50 and $19.50, reduced INFANTS’ AND CHILDREN'S DEPARTMENT Infants’ and Children’s Sweaters, Children’s Coats of navy Men's_ Ribbed Sweaters in . 2 azes to 6, at 98¢, $1.25, $1.50 and | and brown boucle and cor- a medium weight cardigan Mfi:’! Sl*;a-ke;'k“" s;"‘:“”; . $1.75. duroy, new models, sizes titch, in bl navy, Ox- Wi roll eollar, in xford, - o % 2 to 6 years, extra good s i L navy and brown, BSiaton) s St )iTon | Nofauts S| valie ot e oo 221$3.98 ford, brown and green, reg- 32.59 regular ular $3.00 value at...... $4.50 Sweaters at......... 34'19 EXTRA BSPECIAL—Men's Shaker-knit Sweaters, strictly all wool, with roll collar and V neck, in gray and maroon—these are s4 79 regular $5.50 and $6.00 values at.. N Children at $3.50. Infants’ 500, 59¢ and 75c. Children’s Fur Sets 9! Women's s Kid Gloves AT BEFORE THE WAR PRICES Musical Instruments. Play all Records. Edilon Phonographs are the World’s Greatest Misses' Dress Kid Gloves in a complete assortment t........$1.00 Dress Kia Giloves, all secsceass..$1.00 Boys' sizes in tans at.. MILLINERY DEPARTMENT Emordimy Sale of Black, White and Colered OSTRICH FEATHERS ‘Women'’s “Duchess” Kid Gloves, -a complete assortment at......$1.00 Women's 1-Clasp Doeskin Gloves in white at.....e..e....$1.00 Women’s Cape Gloves, the “Bacmo” make at.....ceev0....$100 Women's French Kid Gloves, the “Louise” at.....ow.......: $1%0 | The asgortment includes every wanted size, from 14 to 20 inches, in black, white and all the fashionable colors, and the prices are fully ONE.THiRD LESS Th2.R ™74V LE PRICES. ‘Women's 12-Button Kid Gloves, all sizes at..csescacennn.. eee..$275 ‘Women's 18-Button Kid Gloves, all SizeS 2t seavescioricesesss $300 Size 14-inch Ostrich Plumes, value $2.98—Special price. $1.98 | value $7.50—Special price. Size 16-inch Ostrich Plumes, Size 19-inch Ostrich Plumes, value $3.95—Special price.....$298 | value $8.50—Speclal price..... Size 12-inch Ostrich Plumes, Size 20-inch Ostrich Plumes, value $4.98—Special price.....$3.98 | value $10.00—Special price.....$6.98 Size 18-inch Ostrich Pihs 98 Women's $1. b rpei (I LR 75‘ ‘Women's Outing Flannel Night Gowns 1n both colored and white, and in a full line of sizes. These are made of best quality outing flannel and are very full sizes, reg- ular $1.00 Gowns at 75c each. Make it a point to visit our Millinery Department today and see the many special values we are offering in Women’s and Misses’ Dress Hats at 98 EQUAL TO 98 EQUAL TO $l — HATS SOLD $2 — HATS SOLD == AT $3.00 *== AT $3.98 98 EQUAL TO $3 = HATS SOLD *——AT $4.98 Women’s Lace Collars at 29c 25 dozen Women's Lace Collars in white, cream and ecru, all new goods, the very styles that are most in demand at this time, regular 5oc, T5c and $1.00 values‘at 29c each. $1.00 and $1.50 Hot Water Bottles at Candy Specials 69c Peanut Brittle, fresh and de- A special offering of Hot Water licious—Special price a pound.. Bottls a4 F 1t Syringes, Fudge in three flavors—Spec- B e e b ial price a pound.. +s 100 | two and three-quart sizes—these Our Special Chocolates in Pep- are regular $1.00 and $1.50 values permints, Dtk Ice Nougatines, Chocolates, Marshmallow, Cream Drops, Etc., regular 400 VBlUe 8t cevivcerccisursosoness 290 A SALE OF WATCHES For Holiday Gifts Remnants of Lace l Perhaps you are considering a Watch as one of the Holiday Gifts 5 you will make this season. If so, makes. The movements are the well-known and reliable Remnants of Oriental Lace— Bands, Edgings and All-over, just the thing for fancy work. neckwear, etc.—Special prices are 5c, 10¢ and 15¢ each, and are fully guaranteed for a year ~—Special price 690 each., (At Toflet Goods Dep't. Women’s Initial Wit 49¢ a Box “Women's Strictly All Linen Handkerchiefs, packed six In a box, in a full assortment of ini- tials, regular 75¢ value—Special Drice a DoX-sesevecveroresies . 400 Drasden Ribbon o eney wren 19¢ Splenald showing of handsome Dresden Ribbon — particularly desirable for fancy work It comes full § inches wide and a variety of designs and colorings —Price 2 yard..:.vererreerer.s 190 this offering should appeal to you. A SALE OF MEN’S AND WOMEN'S WATCHES. It will begin today and includes standard and dependable ELGIN and WALTHAM. The cases are WADSWORTH and DENBER GUARANTEED FOR TEN YEARS. Of- fered at these special prices— Men's Watches| Men'sand Wom-| Men'sand Wom-| Men'sand Wom- in plaim gold and| en's Watches, infen's Watches, Injen’s Fine Watch- riety of h: .| es, In a splendid & Yasiaty of Band-| ke 0r astens dn cases — extra special value at $10.95 re, and we stand 1f-bought in the usual way these Watches would only A Demonstration It {s now in progress, a.demon- stration of Removose Handy Paste, It 45 not only & hand cleanser but it s also Invainsble tn removing # engraved plain gold and en- oil grease, dirt, stc, from linens, these are , very| graved special value at | these at 800d value at~ $7.95 | $8.95 | $9.95 Remember—every Watch is fully guaranteed by the mal back of that ‘guarantee. sell at $12.00 to $20.00. (Watches are on sale in Men's Store) cases —| some cases—extra, with no danger of damaging the texture, Call and have a repre- sentative of the manufacturer dem- onstrate the merits of this Prepa- - The Porteous & Mitchell Co, Hand-knitted Caps at at $1.98 to l 's5.98 , Our showing of Women's Under- Children’s White Corduroy and Eiderdown Coats, also a few browns and navies, 3258 vane 2. $2.50 KNIT UNDERWEAR te Misses’ » Women’s &i55%,., Infants' 9 Underwear Infants’ 2idsnies We carry a large assortment of - Infants’ Winter Weight Ribbed Vests and Bands, ranging in price from 25c for a good heavy quality up to $1.25 for a fine Silk Vest. Underwear All Styles Bvery good kind of Children's Underwear is here—Vests, Pants and Union Suits. Our Fleecy-lined Underwear at 25c and Ribbed Wool Children’s Underwear at 50c are unsurpassed for value. Underwear All Styles Women'’s wear includes every wanted kind— medium and heavy weight, plain and ribbed, in Vests, Pants and TUnion Suits, and at every price we offer the best value obtainable. Union Suits , Women’s grien Suits | We carry a complete line of* Union Suits, in all weights and styles. We particularly recommend our line of Women's Union Suits at $1.00 in both regular and extra large sizes. Boys’ Wear HATS, CAPS, SWEATERS AND CLOTHING At 3%9c—Boys' Hats, value 50c. At 69c—Boys’ Hats, value 95c. At 98c—Boys’' Hats, value $1.49. Knitted Toques for Boys and Girls, angora and plain knit, ail | colors, at 43¢ and 6€9c. Boys’ Sweaters, sizes 4 to 12, tn navy, cardinal, brown and ma- roon, value $1.25—Special price 98¢ Boys’ Sweaters, sizes § to 12, In gray, maroon and brown, regu- lar $1.50 value 8t......cece....$1,19 Boys® Mackinaw Coats, regular $6.00 value at....eecccveee.....$4.95 Boys' Mackinaw Coats, regular $8.00 value 8t...eeceeveoe.....$650 Wash Ribbons "Wash Ribbons in 5-yard pieces— white, pink and blue at these spec- 1al prices— No. 1 at 5c a plece. No. 1% at 6c a piece, No. 2 at Sc a plece for Women and Misses Sweaters Women’s and Misses’ Sweaters, in white, maroon, green, brown, navy and gray, regular $2.50 value at .iccevvciaccncacnnae$1.95 | ‘Women's and Misse¥ Pure ‘Worsted Sweaters, with Byron collar and V neck, regular $5.00 value at .....eepven Women's and Misses’ Shaker- knit Sweaters in maroon, green, brown and gray, regular $6.00 value at .