The San Francisco Call. Newspaper, October 31, 1900, Page 7

- Hale’s. manicuring and hairdressing at reasonable prices th es departments—located on ne floor of this new rn 5 B ppliances gement of Mr. rove, who have corps of expert artists to and secur assist an extended ern cities, where visit they latest accom, one of the ,wn by the entirely new and and Mrs. Cosgrov west of New York difficult and beautiful store—are hed and fitted with the they are un- them, Cosgrove recently to ed the most advanced ideas in anying called the Marcel un- a skilled artist will be sent own home to dress your hair upon request. the Mrs. ed a re- the care- Paris very e are who wave opening of the third floor. the great art ware, china, glass and lamp sale continues and daily adds to throng of admirers —some new items— cups and A2e store closes six o'clock dress goods— an entire lot underpriced. if the good dressers of San Fran- cisco had not so greatly admired our black Englis] pierolas the line would not be so soon broken and consequently you would not now be able to buy the beautiful patterns still remaining at these re- duced prices— our $1.35 and $L.50 grade, yard £1.00 our L7 grade....... vard $1.25 vard 81.75 we need scarcely tell you that the which are 42 inches wide, woven and possessing a beautiful finish, have been one or the most pronounced black goods successes of the season and that they are equally desirable for ekirts or full costumes. i ————— e it vttt our $2.25 grade. mall orders our specialty. Market strect, near Sixth, opposite Golden Gate avenue. + AMUSEMENTS. | awcEmesws. i COLUMBIA &= THEIR WORDS IN PRAISE! f\ se that kept the cur- long after the proper entertaining. —Ex- body ehould see once T THI! MATINEE SEATURDAY. e Great Russian Melodrama, “FOR HER SAKE.” POPULAR PRICES: Next Bunday Afierncen, “‘Whoese Baby Are Your” SPECIAL—TO-DAY. FIRST EXPLANATORY RECITAL AT THE PIANO BY WALTER DAMROSCH. WAGNER'S GOL ™.’ DIE WALKURE" «*TIVOLI* FOURTEENTH GRAND OPERA WEEK. TO-NIGHT, FRIDAY, SATURDAY NIGHTS, | “AIDA.” BARBERESCHI, CASTELLANO, SALASSA, LUCENTL POLETINI, SCHUSTER. The Sensational Operatic Triumph, “CARMEN” Sunday Nights, Saturday Matinee, COLLAMARINI AS CARMEN. Russo, Ferrari, Nicolini, Repetto, etc. POPULAR PRICES e and 5oc &5G THE ROMANTIC DRAMA. NORTHERN LIGHTS. EVERY NIGHT THIS WEEK. MATINEES SATUEDAY and SUNDAY. EEATE NOW READY FOR NEXT WEEK. “LOST PARADISE.” ALHAMBR LF ELLINGHOUSE.. Prop. amd Mgr. o PHONE SOUTH T770. Our Capacity Is Being Tested to the Very Walls of This Big Theater. At Every Periormance People Turned Away. Eeat Sale Goes or. With Great Rapidity. THE KING ——OF THE— OPIUM RING!? THE GREATEST SHOW ON EARTH. Matinee Baturday and Sunday. Evening.. 15c, 2c, #c, S0c and TS Matinee -1be, 35c and 5o xt— A YOUNG WIFE.” CHUTES AND Z00, %7 Aturses BIG VAUDEVILLE SHOW! THE CONGO FAMILY. TESS AND HER BABY MONKEY. TO-MORROW NIGHT, AN ALL-STAR AMATEUR SHOW, Telephone for Seats, Park 28 FISCHER’S CO)CERT_Uguss. Allesandroni, Puerari, Ovando and Vargas, vocalists. Joe Hays and Lunelte. Reserved Seats, 25c; Matinee Sunday. Fourth act of “ERNANL" Faccl, Franco, | of Eyelids, Effects . 31 10c; Children, 5c, any seat; Balcon; rt, except reserved BEST SHOW IN TOW BEST PEOPLE IN VAUDEVILLE. DOLAN ANDLENHARR, PRELLE'S TALKING DOGS, JOHNSON, RIANO AND BENTLEY, HOW- ARD AND BLAND, GEORGE EVANS, . LES FRASETTIES, WORLD AND_HAST- INGS, BLANCHE RING, LIZ- ZIE B. RAYMOND. MOROSCO’S GRAND OPERA HOUSE MATINEES SATURDAY AND SUNDAY. T FRAWLEVSY NEW PANY ONLY THIS WEEK, Gllette's Greatest of All American Plays, SECRET SERVICE T. DANIEL FRAWLEY as LEWIS DUMONT. Next Week—"A DIVORCE COLONY.” EVENING PRICES........10¢, 25c, A Few Front Rows in Orchestra, Tsc. MATINEE PRICES 10e, 15¢, 25¢, 50c Branch Ticket Office—Emporium. .| GRAND OPERA SEASON MAURICE GRAU OPERA CO. From the Metropolitan Opera-house, New York. THREE WEEKS—Commencing Nov. 12, AT MOROSCO'S GRAND OPERA-HOUSE. Beginning With an Elaborate Production of Gounod's “ROMEO ET JULIETTE. To be followed the first week by ‘‘Tannhau- ger,” “Aida,” ‘“‘Faust,” ‘“Lohengrin,’" ‘‘Luci di Lammermoor” and ““The Flying Dutchman, Later in the season ““The Nibelungen Ring of Wagner will be given for the first time. Sale of Subscription Seats only this week, trom 9 to 6, at Sherman, Clay & Co.'s. Prices for season of 20 performances, $35 to $100, according to_location. Baicony Boxes, $:0 to $i000. Single Sale begine November 7. Prices $2 to Positively no seats reserved for Single until Subscrivtion Sale terminates. WEBER PIANOS USED. SHERMAN, CLAY & C0.’S HALL. Direction 8. H. FRIEDLANDER & CO. TO-MORROW NIGHT. LITTLE ENID BRANDT. The Wonderful Child Artist, in PIANO RECITALS. Fach concert to include little Enid's mar- velous feat of MUSICAL TELEGRAPHY. Thurday Afiernoon, Nov. & b Nights 75c, BoC. Sherman, Clay & Co.'s music store. VIM, VIGOR. VITALITY for MEN MORMON BISHOP'S PILLS have been in use over fifty vears by the leaders of the ormon Church and their fol- lowers. Positively cures the worst cases in old and young arfsing from effects of self- abuse, dissipation, egcesses or cigarette-smoking. res Lost Manhood, Impotency, Lost Power, Night Losses, Insom- nia, Pains in Back, Evil Desires, Lame Back, Nervous Debility, Headache, Unfitness to Mar- 1y, Loss of Semen, Varicocele or Con- stipation, Stops Ne 50 rvous Twitching are immediate. Tmpart vigor and CERTS notency to e function. Don’t get despondent; a cure i hand. . Restores ‘small, undeveioped organ Stimulates the brain and nerve centers; 50c a cure or money refunded with € boxes. Circulas free. Address BISHOP REMEDY CO., 40 EIl st., San Francisco, Cal, GRANT DRUG CO., 43 and 40 Third st. SECOND GRAND RALLY OF <, 50c | Proscenium _and | Night THE SAN FRANCISCO CALL, WEDNESDAY, OCTOBER 31, 1900. SCHOONER A. J. WEST IN DISTRESS HE schooner A. J. West has been having a hard time of it. She'is now fifty-one days out from Santa Rosalia for Grays Harbor, and when spoken off Destruction Isl- and on October 27, in latitude 47 13 north, she was in distress. The crew was living on beans and an occasional goonie that was unwary enough to bite at a red rag attached to a fish hook. ‘When spoken it was blowing a south- easter, and the steamer Walla Walla and the Fish Commissioners’ steamer Alba- tross could not send assistance. For sever- al hours the three vessels lay within speak- ing distance almost, the schooner with her ensign union down, the only sail set being a portion of the foresail, while in the rig- | ging was a big board on which was paint- €d, “‘Out of flour; short of provision: Captain A. Hall of the Walla Walla in speaking of the West's predicament yes- terday said: “It was blowing strong from the southeast and there was a very heavy sea. Early on October 27 the lookout re- ported a schooner on the starboard bow with its flag union down. I at once headed for her, ang when within hailing distance found that she was the A. J. West, forty- seven days out from Santa Rosalia for | Grays Harbor. She appeared to have had | & hard time of it, and when a big board | was put in the rigging I edged the Walla Walla up in order to read it. On it was painted, ‘Out of flour and short of pro- visions.’ ,“It was impossible to lower a boat and I prepared to stand by. Just about this time the United States steamer Albatross hove in sight and bore down on us. I sig- naled the captain what the matter was and he at once agreed to stand by the A. J. West and supply her with all necessary provisions as soon as the sea went down, so I stood on my course again, having nearly 500 passengers aboard. The A. J. West is owned by the Slade Lumber Company and is to load a cargo of timber at Grays Harbor for Manila. Sl o Arcata in Distress. | The collier Arcata was towed into port last night by the steamer Empire. While { on her way here from Coos Bay the Ar- | cata broke down. The Empire came | along, and passing her a line towed her { into port. —————— «Nettie Sundborg in Trouble. The schooner Nettie Sundborg came { back to port in distress yesterday. She left here for Fish Rock and on arriving there could not make port. She anchored out- | side, and a northwester coming up she | parted both anchors and went on the rocks. Lucklly she drifted off, and sall be- | ing made she got off shore and came back to San Francisco. Her cargo was taken | off in a hurry yesterday and she will go on the drydock. e ‘ Water Front Notes. The Oceanic Steamship Company’s mail | steamer Australia will get away to-mor- row on her initlal run in the Tahiti ser- vice. A big crowd of passengers will make the trip on her. Joseph Seeley, the popu- lNar chief steward of the Austraila, will not | o out on the vessel. He has such a host | of friends on the Hawalian run that the | company has decided to keep him back for | the Zealandia. James Barry, who has | been with the Oceanic Company since 1890 { and who has proved himself a most ef- ficlent assistant to Mr. Seeley, has been made chief steward of the Australia. Mr, Barry receives a well earned promotion. | ~ Captain John Leale of the Bay City will | be one of the passengers on the Australia to Tahitl. During his absence Chief Of- ficer Willlam Murphy will take his place on the ferry steamer. A board of survey has been Lgpolmed by the Governor to inquire into the dam- | age done the Naval Reserve steamer Marion by the gloop-of-war Ranger when | that vessel drifted down on her. The board | will consist of Captain Louis H. Turner (retired), late commander of the naval | battalion and now surveyor for the Fire- | man’s Fund; Lieutenant Thomas 8. Har- loe and Lieutenant (junior grade) Henry Peterson. These officers will appraise the | damage done the Marion and will report | to_the Government. Edward Forbes was slashed with a knife by an unknown man on the corner of Second and Jessie streets yesterday. It | was the result of a drunken quarrel, and | Forbes asserts he does not know his as- sallant. He was treated at the Harbor Hospital. PN S NEWS OF THE OCEAN. Matters of Interest to Mariners and Shipping Merchants. The British ships Cortez and Port Patrick | will load wheat for Europe, 38s 84, prior to ar- | rival. » — | Notice to Mariners. (No. 165 of 1900.) UNITED STATES OF AMERICA—CALIFOR- NIA. TREASURY DEPARTMENT. Office of the Lighthouse Board, Washington, D. C., October 22, 1900. POINT MONTARA LIGHT STATION. Notice is hereby given that on or about No- . 1900, a fixed red lens lantern light will_be established at this station, on Point Montara, seacoast of California, ~about miles NW. % N. from Pillar Point, and about | 16 miles to the southward of the entrance to Ban Francisco Bay. The light will be located about 300 feet W. by £. of the fog signal house, and its focal piane Will be G5 feet above the mean high water. | _This notice affects the “'Lists of Lights and Fog Signals, Pacific Coast, ,"" page 12, No. 20, and the ''List of Beacons and Buoys, Pa- cific Coast, 1300,”" page 17. NOTICE TO MARINERS. | (No. 166 of 1900.) SAN FRANCISCO BAY—LIME POINT LIGHT STATIO! | Notice is hereby given that on or about No- vember 26, 1900, a fixed white lens lantern light | will be established at this station, on the ex- tremity of Lime Point, northerly side of the entrance to San Franciscq Bay. The light will be located on the southeasterly corner of the gallery of the fog signal house, and its focal plane will be about 19% feet above mean high water, ANGEL ISLAND LIGHT STATION. Notice 1s hereby given that on of about No vember 2, 1900, a fixed red lens Ifintern light Will be established at this station, on the southwesterly extremity of Angel Island, San Francisco Bay. The light will be located on the southeasterly corner of the fog signal house, and its focal piane will be about 34 feet aboye mean high water. This notice affects the “List of Lights and Fog Signals, Pacific Coast, 1900, page 14, Nos. 25 and 26, and the “‘List of Beacons and Buoys, Pacitic Const, 1300." pase 2. By order of the ouse Board. FRANCIS J. HIGGXNBOK’ Rear Admiral, U. S. Navy, Chairman. —— Shipping Intelligence. ARRIVED. Tueeday, October 30. Stmr Santa Barbara, Johnson, 54 hours from San_Ped: ro. Stmr Arcata, Nelson, 80 hours from Coos Bay. Stmr Empire, , 78 hours from Coos Stmr Aleazar, Gunderson, 54 hours from San Stmr Walla Walla, Hall, 80% hours from Vic- torla, etc. Stmr Santa Rosa, Alexander, 61% hours from Ban Diego, etc. pStme Filomer, Donaldson, 6 hours from San ego. Stmr Progreso, Zolling, ¢ days 9 hours from Tacoma. 8 stmr Meade, Wilson, 29 days from Ma- nl via Nagasaki 19 days. Tug Sea Witch, Lockyer, 5 days from Saa Diego, with two barges in tow. Bchr Newark, Beck, 14 hours from Bowens Landing. Was Standing By. g AND ALSO SHORT OF PROVISIONS She Is Long Overdue From Santa Rosalia at Grays Harbor, and When Last Heard From the Albatross SCHOONER A. J. WEST IN DISTRESS, UNITED STATES FISH COMMIS- SIONER'S STEAMER ALBATROSS AND PACIFIC COAST STEAMSHIP COMPANY'S WALLA WALLA STANDING BY TO ASSIST. SAILED. Tuesday, October 30. Newsboy, Lundquist, —. Bonita, Nicolson, San Pedro. Geo W Elder, Randell, Astoria. Stmr National City, Dettmers, Needle Rock. Stmr Gipsy, Leland, Santa Cruz. Stmr Navarro, Jensen, Bowens Landing. Stmr Mackinaw, Littlefield, Seattle. Stmr Homer, Donaldson, Eureka. Stmr Pomona, Shea, Bureka. Stmr Santa Barbara, Jahnsen, —. Nor stmr Norman Isies, Pettersen, mainus. Bark St Katherine, Saunders, Honolulu. Br bark Strathdon, Walker, London. Brig Lurline, Schaube, Kahuluf. RETURNED. Tuesday, October 30. Schr Nette Sundborg, Larsen, 12 hours from Fish Rock, on account of losing two anchors Oct 29, at 10 & m. SPOKEN. Aug 5, lat 5 S, lon 77 W—Br bark Charles Cotesworth, from Tacoma, for Queenstown. Per stmr Walla Walla—Oct 27, lat 4117 N, no lon—Schr A J West, from Santa Rosalia, for Grays Harbor, short of provisions. U § stmr Albatross was going to supply schr with same. MEMORANDUM. Per stmr Arcata—At 6 a m, Oct 2, stmr Ar- cata broke her tail shatt when 15 miles off Crescent City. About 9:30 a m same day halled stmr Empire and one hour later Empire had taken Arcata In tow for San Francisco. Strong NW lind blowing and heavy swell running after Empire took Arcata in tow, but preced- ing that and at time of accident SE wind with SW squall and heavy swell. TELEGRAPHIC. POINT LOBOS, Oct 30, 10 p m—Weather cloudy; wind SW, velocity § miles. DOMESTIC PORTS. COOS BAY—Salled Oct 30—Schr Jennie The- lin, for San Francisco, EUREKA — Salled Oct 30—Schrs Sparrow, Mary Buhne and Eliza Miller, for San Fran- Stmr Stmr Stmr Che- cisco; stmrs Del Norte, Samoa and Eureka, for San Francisco. Arrived Oct 30—Schr J G Wall,_hence Oct 23. VENTURA—Arrived Oct 20—Stmr Geo W Loomis, hence Oct 29. Sailed Oct 30-Stmr Geo Loomis, for San Francisco. TACOMA—Salled Oct 30—Schr Annie Larsen, for San Francisco. PORT TOWNSEND—Safled Oct 20—Bark Sea King, for Sydney. Oct 30—Ship John Ena, for Delagoa Bay; schr Commerce, for Hongkong. Arrived Oct 30—Stmr City of Topeka, from i Al B.EATTLE—AIHVQG Oct 20-U § stmr C P Patterson, from Alaska; bark Coloma, from Alaska. Arrived Oct 30—Stmr City of Topeka, from Alaska. Sailed Oct 30—U S stmr Lawton, for San Francisco; stmr Valencia, for Hunters Bay. SAN PEDRO—Arrived Oct 20—Bktn Monitor, from Grays Marbor. Oct 30—Stmr Lakme, from Eus reka. Sailed Oct 30—Stmr Westport, for San Fran- cisco. ASTORTA—Salled Oct 30—Stmr Columbla, for San _Francisco. NOME—Arrived Oct 13—Stmr J 8 Kimball, from_Seattle. PORT BLAKELEY—Sailed Oct 30—Schr Wa- wona, for San Pedro. SAN DIEGO—Sailed Oct 30—Stmr Brunswick and Nor stmr Bergenhus, for San Francisc CASPAR—Sailed Oct 30—Stmr Luella, for Francisco. UMPQUA—Arrived Oct 23—Schr Lily, hence Oct 6. GRAYS HARBOR—Arrived Oct 29— Stmr Rival, hence Oct A% . San ed Oct 29—Schr Volant, for San Fran- cisco; schr Lillebonne, for San Francisco; stmr Coquille River, for San Francisco. Oct 2i— Stmr Grace Dollar, for San Pedro. EASTERN PORTS. NEW YORK—Sailed Oct 30—Stmr American, for San Francisco. BOSTON—Arrived Oct 2—Ship Willlam J Rotch, from Port Blakely. FOREIGN PORTS. NOUMEA—Arrived Oct 30—Schr Muriel, from Port. Bllkele{. KOBE—Arrived Oct 20—Nor stmr Thyra, from Portland, for Manila. ST VINCENT—Arrived Oct 20—Ger stmr Aby- dos, hence July 28, for Hamburg. KUTCHINOTZU — Sailed Oct 27—Br stmr Carmarthenshire, for San Francisco. N’ E! -Arrived Oct 27—Br ship Pinmore, from_Orezon. CALLAO—Arrived Sept 16—Ital bark Lothair, from Seattle. HONGKONG—Arrived Oct 16—Br stmr Mon- mouthshire, from Portland. Oct 17—Jap stmr Idzumi Maru, from Seattle, KIAOCHAU—Sailed Oct 17—Ger ship Alster- thal, for Puget Sound. IMERICK Oct 20—Br ship St Mir- ren, CK—Arrive from Orezon. COMOX—Arrived Oct 23—Br stmr Manau- ense, from Skaguay. GLOUCESTERy-Arrived Oct 27—Br ship Clan Buchanan, hence July 1 HULL—Arrived Oct 20—Br ship Kensington, hence Jame 11: Br ship Grenada, Bence June 15, BIRKENHBAD — Arrived Oct 30—Br Holywood, from Seattle. MANILA—Arrived Oct 20—Br stmr Brecon- shire, from Tacoma. OCEAN STEAMERS. AUCKLAND, N Z—Sailed Oct 30—Stmr Mari- , trom Sydney, for Apla, Honolulu and an_Francisco. NEW YORK—Arrived Oct 30—Stmr Sardinia, Zow. e ea 30—Stmr Kalser Wilhelm der Grosse, for Bremen, via Cherbourg and South- ampton; Cymric, for Liverpool; stmr American, for San Francisco. BOSTON—Arrived Oct 304Stmr Devonian, KOV AMA-Salled_Oct 27—Stmr Victorta, trom Hongkong, for Tacoma. HAMBURG—Sailed Oct 28—Stmr Pennsylva- nia, for New York, via Boulogne and Ply- e OVILLE CArived Oct 30—Stmr Anchorla, for_Glaszow. EYDNEYArrived prior /o Oct 3—Stmr ‘Honolulu and oana, trom San Francisco, via ckland. PLYMOUTH—Salled Oct 30—Stmr Pennsylva- nia, from Hamburg and Boulogne, for New York. Time Ball. Branch Hydrographic Office, U. S. N., Mer- chants' Exchange, San Francisco, Cal., Oct ). 1900. The time ball on the tower of the new bullding was at noon ehip Ferry at exactly noon to-day— 120th mm,‘.'l Octot tenant Command. FIRST VOTERS Stmr Pomons, Shea, Harekay Goodall; e e J kins & Co. & Sun, Moon and Tide. TO-NIGHT at ODD FELLOWS Bicn, Planter, MeNell, Honolulu; Williams, | Unied States, Coast and_ Geoletic Survey— HALL. Have you heard the ¥ | Dimond & Co. 4 * and _Helghts of High and Low young men ? g Nic bktn J C mu:am Sydney; Waters at "T‘ ;.oht. -u:,-m to ?: L Schaube, Kahulul; Alexander thority Superintendent. l"a;fimf'"" s NOTEThe bigh 884 low Waters occur at the i city front (Mission-street wharf) about twenty- five minutes ‘later than at Fort Point; the height of tide is the same at both places. ‘WEDNESDAY, OCTOBER 31 Sun rises Sun_sets Moon sets, q 7] ‘Tnmey [Time[ " |Time g |- Ft. | Ft. gEw lLw lHw T - ¥ 2 3 4 5 5 B —In the above exposition of the tides the early morning tides are given in the left hand column and the successive tides of the in the order of occurrence as to time of day, the third time column the third tide and the last or right hand column gives the last tide of the day, except when there are but three tides. as sometimes occurs. The helghts eiven are in addition to the soundings on the United States Coast Survey charts, except when a minus sign (—) precedes the height, and then the number given is subtracted from the depth given by the charts. The plane of refer- ence is the mean of the lower low waters. Steamer Movements. TO ARRIVE. Steamer. ? From. | Due Eureka . ‘Humboldt. Titania . anaimo. Curacao | Mexico. W. H. Kruger. Grays Harbor. Coquille River.|Grays Harbor. Cloumbia. ......|Portland. Cleona | Tillamoo Tellus -|Oyster Harbor.. laqua . |Eureka.... Crescent City.. Point_Arena. Coos Bay Acapulco . Bergenhus Czarina Alliance Matteawan . Bonita Manauense . Salls. e Oct. 31, 4 pm|Pler 13 Oct. Steamer. | Destination. | — | - Empire . Arcata .... Alameda .. A Santa Rosa . 1, 11 am/(Pler 11 Australia s . 1 6pm/Pler 7 Eureka _...[Humboldt. . 2 $am|Pler 2 North Fork Humboldt.. . 2, 9am|Pler 2 Walla W...|Victoria ov. 2.11am Pler 9 . |G . 3, 5pmPler 2 - & 8 am Pler 11 . 3, 1pm|PMSS 4. 2pmPler 9 4. 10 am|Pler § 10 am Pler 27 Columbia .. Alllance Serious Trouble in the City Prison Prevented by a Timely Discovery. Ng Ah Poy, the murderous highbinder, was placed Monday night in the same cell in the City Prison occupied by Wong Hing and Yet Sam, two of the ten highbinders who held up a fantan game in the Globe Hotel, Jackson street, last Thursday morning. Yesterday morning the at- taches of the prison were attracted to the cell where the three Chinese were located by loud talking. They found Wong Hing and Yet Sam shaking their fists in Ng Ah Poy’'s face and they were all talking loudly and excitedly. A Chinese Inter- reter was sent for and he explained that vong Hing and Yet Sam were afraid of Ng Poy, as he belonged to a rival tong, and he mlfht take their lives. They had watched him all night, fearing an onslaught, and asked that ‘they be not kept In the same cell with him, otherwise there would be trouble. The change was made and silence reigned in the section of the prison as- signed to Chinese offenders. Sergeant Bidwill will have much trouble in the future in guarding agalnst placing mem- bers of rival tongs in the same cell. laughingly adding that no one woul pear against him. The case was continued till to-morrow. — . = Miles and Dewey and other heroes of the A and show thels faces on Anheuser-Busch's new sovioh ny playing cards, just issued. Sent prepaid for 25 ecents in money or stamps to any address in the United States. Malt-Nutrine Dept., An- heuser-Busch Brewing Ass'n, St. Louls, Mo. —_——— High Fences in Litigation. The bill posting firm of Owens, Varnef & Green has sued the Board of Public ‘Works to enjoin its l;um!m from enter- s 150 e hection, of adverlisine and interfering with the tearing down or Nl'm:ln‘ any portion of Hins Choumit to be. proected: gon- trventy feet in height and the plaini loges that the Chief of g nmwflon&am has Wo? advertising fences. DUTIES OF AN EMPLOYER OF LABOR. Copyright, 1900, by Seymour Eaton. LAW LESSONS: EMPLOYERS AND EMPLOYES. Y N Though an employe is his own insurer against all ordinary risks, there is a rule of duty for employers to fulfill which can not be lightly disregarded. This rule is that an employer must exercise due or ordinary care in selecting servants, fur- | nish them with suitable appliances for their tasks and reasonably safe places for | performing them; enough servants to per- form in a reasonably safe manner the specific thing they have to do: and, lastly proper regulations or instructions when- ever they are needed. Every clause in this rule is full of meaning, and we shall be- | gin by inquiring what is meant by the term ordinary care, which an employer | must exercise in doing the above men- | tioned duty. 1 ‘What Is Ordinary Care? In defining this term the Supreme Court of Vermont has remarked that a man in any situation of business is always bound | to conform to the rules and usages which prudent and caréful men have =et up in the conduct of similar business under the same conditions. This is ordinary care. | The Supreme Court of Ohio has defined | the term in the following words: “Such care as is most common and usual in the business.” The Supreme Court of Massa- chusetts has dealt with the term at great- er length: {What is ordinary care cannot | be determined abstractly. It has relation to and must be measured by the work or thing done and the instrumentalities used, and their capacity for evil as well as good. What' would be ordinary care in one case would be gross negligence in another, We | look to the work, its difficulties, dangers and responsibilities, and then say, ‘What would and should a reasonable and pru- dent man do in such an exigency” The ‘word ‘ordinary’ has a popular sense which | would greatly relax the rigor of the rule. The law means by ordinary care the care reasonable and prudent men use under like circumstances.” An Employer’s Duty in Selecting | Employes. Having shown what the courts mean by ordinary care, let us next inquire what is proper care or diligence in selecting com- petent employes or servants. Surely an empioyer is hardly permitted to .employ any one he pleases without regard to his fitness for the task he Is to undertake. If | he were to work alone then indeed a dif- | ferent rule might be applied, but when | the employe is to work with others his | employer must satisfy himself that he will not endanger the lives of his fellow work- men by reason of his ignorance of the common employment. In a well-reasoned case against a rail- road company the Supreme Court of Ia diana remarked that in employing its sub- ordinates it was the duty of the company | to exes a degree of care fitting to the | positions they were to fill, and showing a due for the consequences that | might follow from emsdoying incompetent | or unskilled men. If peculiar fitness were | requirs of any one it was the du the comipany to make inquiries to end. In one of the earlier cases, Gilman vs. Eastern Railroad Company, the court | remarked that if an employer knew or in | the exercise of due care might have known that his employes were Incompe- | tent either at the time of hiring them or afterward, he failed in his duty. In this| case the railroad company employed a | switchman and flagman who, so the other | side contended, was an habitual drunk- | ard. To employ such a man, especially for these positions, clearly was negli- gence. Whether or no he was a man of | this character was a fact which the jury decided against the company. How Is Incompetency Proved? In attempting to prove that a_ servant is incompetent the Supreme Court of | Pennsylvania has said that incompetency cannot be established by proof of such acts, but must be by evidence of general | reputation. This may seem to the reader a wrong way of looking at the matter, so we will give Mr. Chief Justice Lowrle's reasons_for his decision. “Character for | care, skill and truth must all alike be proved by evidence of general reputation, and not of special acts. * * * Character | grows out of special acts, but it is not proved by them. Indeed, special acts do | very often indicate frailties or vices that are altogether contrary to the character actually established. * * ¢ Besides this, ordinary care implies occasional acts of carelessness.” This, however, is not the way other courts have looked at this question. Said the New York Court of Appeals in a case against a railroad company: “Proof of specific acts of negligence of a servant or | agent on one or more occasions does not tend to prove negligence on the particular occasion which is the subject of inquiry. e s« gpecific_acts tend to exhibit and bring to light the peculiar qualities of the man, and indicate his pdaptation or want of adaptation to any position or fitpess or unfitness for a particular duty or trust. | It is by many or by a series of acts that individuals acquire a general reputation and by which their characters are known and described. < * * A principal would be without excuse should he empl(){‘ for a responsible position one known to him as having the reputation of being an intem- | rate, indolent or careless man. * * * gfm more should he be chargeable if he had knowledge of specific acts showing that he possessed characteristics incom- patible with the duties assigned him, and Which might expose his fellow servants | and others to peril and harm. | ‘What Are Safe Appliances? The second clause of the rule defining | the duty of employers requires them to furnish proper appliances to their em- ployes. If they fail in their duty in this regard they must answer for the conse- quences. When one is injured by an ap- pliance the question at once arises, Did the employer fulfill his duty in furnishing a proper one, or was he negligent? It must be evident, we think, to every reader that the question, What is a proper appli- ance? is a question of fact to be decided whenever it arises. There have been many cases of this kind, and we might fill much space in describing them. An employer is not required to change his machinery in order to apply every new improvement, even though it be much safer than the old. All tiat he can demand is that he shall not be deceived in the risk he In- curs. Nor is an employer liable for hid- | den defects of which he has no knowledse, | nor is he required to provide against dan- gers from an unnecessary and improper use of appliances. In the case of Titus vs. Bradford Rail- road Company the court said that all the cases agreed that ‘“the master was not | bound to use the newest and best appli- | ances. He did his duty when he furnished those of ordinary character and reason- able safety, and the former was the test of the latter, Absolute safety was not at- tainable, and employers were not insurers, They were liable for the consequences not | of danger but of negligence, and the un- bending test of negligence in methods, machinery and appliances is the ordinary usage o{r{he business. No man is held to a higher degree of skill than the fair average of his trade or profession, and the | standard of due care is the conduct of the average prudent man.” What Are Safe Places for Work? | Passing to the third clause, an qmrlonr | must provide a suitable place for his em ployes whiie at work. Evidently the na- | ture of the place will vary greatly with the work to be done. A safe place in a mill means a very different thing from safe place In a coal mine. Whether a place is safe or mot is a question of fact to be learned in each particu'ar case. Adequate Employes. Two other clauses must be noticed. One fcient help for the particular task 1o he Ci to Th& rule e Cmpary neglectful in sending less than m’x mm he it was Wml business ay and if there was any want of eare in t | ways this b | original contract of hiring | risk, he can | borer. journey which it was about to undertake respects which caused the injury, it is ha- ble. * * ¢ The hiring of a third brake- man was only of the steps proper to rge the principal's dut »ply with sufficient he and pro , and t me or iled to appear for any other 1. It was negligent for the company rt the train without sufficient help.” The company therefore was held siable to the injured employe. Instructions to Employes. Lastly, it is the duty of the emrpluyer to give Instructions. These are of various kinds. Some relate to the conduct of all the employes, others are for the spec:al guidance of minors. A raliroad company nas many rules which must be known to its employes and in many cases it has | been held neglectful in not making them known hereafter. Such is the great rule that governs em- ployers in hiring their employes. Had it always been enforced the rights and du- ties of employed employes would have been much simpler and er understo It has, however, been greatly modifled, as we shall hereafter see, until but very lit- tle of it rema Before stating in what 1 been done some other topics must first be considered. Risks Assumed by Temporary Em- ployes. . Before leaving the subject of the risk assumed by an employe, another class of cases ought to be mentioned, those in which persons are temporarily employed in some other way not included in the Often they are of a more dangerous character than those These will be fully considered first undertaken. Yet it has be that if they are undertaken ki | the risk is assumed, in ot and *here can be no recovery for an in- jury received whil uting them. Even though the recetves no greater reward for a get nothing if injured. is said that he assumes the risk rather than lose his place. In Leary vs. the Boston and. Albany Railroad Company the question was fully considered. The person injured was alding as fireman on an engine and knew that this duty was not within his original contract as a la- He chose to perform it rather than lose his position as a laborer. In e doing the court said that he assumed the risk. The remarks of the court are worth giving. After declaring that he did this rather than lose his place, the court - ntinued: “By so doing he en- this duty on his original contract, he made it a part. Morally to coerce a servant to an employment, the risk of which he does not wish to en- counter, by threatening otherwise to de- orive him of an employment he can read- ly and safely perform, may sometimes be harsh, but when one has assumed an em- ployment, if an additional and more dan- gerous duty is added to his original labor, he may accept or refuse it. If he does accept it then he also assumes the risks that are incidental thereto. The em- ployer,” so the court continues, “is not necessarily unjust because he wishes in his employ a servant who can from time to time relieve a skilled workman, while his ordinary duties will be those of a mere laborer. It must certainly be his right to engage a servant who, while his ordinary dutles will be simple and e: pose him to no danger, is willlng as a part of his service from time to time to ssume duties which, in order to be safely performed, require a higher degree of skill and which expose him to a certain degree of danger.” his, however. is not the law In every State.” The ruie is indeed a harsh one A laborer is requested to act as fireman and assume the greater risk. The court says that if he does not wish to act he need not: then he fears that If he does not he will lose his place. Rather than do this he accepts, performs the larger service, though receiving no greater re- ward. In other words, his employer hires him for one service and uses him for an- other. He may indeed decline, but fears the consequences. The court is quite right in saying that the rule is & *harsh” one, and it does seem to be very near the line of trenching on one's freedom. 5 ALBERT S. BOL University of Pennsylvanta. . e St HOME STUDY CIRCLE QUERIES. 32. What Queen holds a commission 1 the Russian navy and Is th - admiral In the world? o Oy woman 33. Whom did_Lamb call * of the French Revolution z | @ Messiah 34. What Roman said: “T would rathe men should ask why my statue is not se; ur;'lh‘z{r;‘ whg it is"? 35. What Philadelphian was t of Rebecca in Sir Walter scruh:;o'r“l‘;!:‘;E hoe™? 36. What beautiful city found. - gees about the time of the r.l?’obeyfifx-, was fitly named “The Eldest Daughter of the Empire”? led“lhm dnoted German Bmperdr abdi- cated in order to spend his last 4 Spanish monastery Y A 38. What great King was b - rope; died n Asia and was buriea In AL rica? 9. After whom was the month of R..” August 40. Miriam in Hawthorne's “Marbie Faun” is sald to have a_historic paralle! in what famous n;llrl?('lde'.‘ L at Frenc ing died of smallpox? 42. Who was “Little Capet”? e 43. What King of Naples waiter In an inn? 3 at noted assassin was a and- niece of Plerre Cornellle? 43 45. What great musician was too deat to hear his own compositions? . 0 was “The Angel of the Crimea” Answers. was once a 17. Smith. 18. General O’'Hara. 19. Gen- eral Lincoin. 20. Schley. 21. Elm. 22 In Algeria. 23. Gibraltar. 24. Van Buren. 2. The Dead Sea. 26. Benjamin Frapkiin. 7. Nelson. 2. Alaric the Goth. onstan- tine the Great. 30. Heliopolis. 31. Shakes- peare. FURNITURE AND CARPETS AT 20 PER CENT DISCOUNT FROM REGULAR PRICE. « Free dlflm’Lfllll 200 miles. BRILLIANT’S, 338-340-342 POST ST, Open evenings. CAFE ROYAL