The San Francisco Call. Newspaper, November 14, 1900, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER 14, 1900. SCANDAL IS RIFE IN THE AMUSEMENTS. WARNER'S REMEDIES. MORO:CO'S GRAND OPERA-HOUSE. MAURICE GRAU OPERA CO. £ ATDA™ WARNER'S - and Louise Homer | | Masiero and Imbart | Sig. Man Melba, B panari, 1 FAUST Seattle, Wash., Feb. 21, 1900, I have suffered for years with liver complaint, causing me severe pains at times. No medicine I tried seemed to help me until I tried Warner’s Safe Cure; it helped me wonderfully and { I thank it for being a well man to- day. My recovery was slow but sure, but I never felt better or stronger in my life than I do now, thanks to this splendid remedy. G. RHEINLANDER, President Sons of Hermann, Seattle, Wash, Treasurer Seattle Turnverein, Seattle, ‘Wash. DUTCHMAN Bars and Mr. Wa CIA DI MER- Bars, Sig. VHENGRIN Mancinellf Nordica | Bisph AR NIGHT eren | d Cav {CURES Y an find out wh “KO-NUT”’ is by asking rg Ccer. y one else who nows that dC coanut Fat For Shortening and Fry I5 the B:st Ma HEW SHOW! NEW PEOPLE ! ANNA BOYD, MR. AND MBS. DAN HIATT, WM. J. HYNES. THE DUNHAM FAMILY, JES- teria made, India Refining Co., oS S}E‘COUT.B_QUF TALKING Philadelphia. 0 NIGHT TO-NIGH “ERNANL’ "CAVALLERIA" azd “PAGLIACCI ing, “OTHELLO.” Sunday Night “CARMEN,” | { Night, Seturday Matinee, | NDA Thursday NEXT M e are thousands of people who ““THE JOLLY MUSKETEE A GREAT BIG HIT! FRANK_DANIELS " wor! are lleges allowed to m the surest hav case New Y, ruggists your th st Ar cures the ng many dyspepsia offered, none has more merit than WHITESCOTTOLENE,; vhich removes the cause the trouble. se WHITE COTTOL butter—and pera Success THE AMEER ot S M place of lard )Y PASTRY and P The N.K.Fairbank Company, Chicago—Sole Manufacturers. ‘o FRI A Public Secret’ d free to any address. For - we will send free our ge recipe book. - Home edited by 3rs. Rorer. Our dainty bookl E! ) oo ANCE THE ROY (L MARINE BAND OF ITALY QVi®" OR SORDANIS saccs ST EROGRANME MUSEUM OF ANATOMY 1051 MAREET 6T bet. G:2ATSE, 5.F.0al, The Largest Anstomical Museum in tbe Word Weknerim of any comtracied giscase positively cured by the oldest Speciaiist ca the Coast. Est. 36 yoars. DR. JORDAN—PRIVATE DISEASES Conwultation free and strictly private. Trewmen prisonsily of by Jeer A Fou s Cure1n every case underiaken. Wiite for ook PRILOSOPEY cf MARRIAGE, MAILED FREE {A valuabie book for mea) DAN & CO., 1051 Market St., 8. B e B S S S N Creatore-D’ A Sig. Glann Muscagnl RESEAR| A CYCLONE OF FUN After-Theater Refreshments. THIS The completeness of the arrangements Wednesday made for your entertaimment in the Sup- -~ - o per R can be estimated when it i Mghg known that the attribu —‘-”nRrpom\m-, for ls Sen the popularity of the Grill Rooms are in .M evidence here. Delightful music, prompt service, moderate charges. Open every evening (Sundavs excepted) from 9:30 to 12 o'clock. Entrance from the court and main office. Boy! | & Charm alace Hotel Supper Room. A Next Week THE RA s Da ng Comedy : RAILROAD OF LOVE, ALHAMBRA ALF ELLINGHOUSE. Propriel PHONE SOUTH —ANOTHER BLAZE OF GIA FOLLOWS SUCCE ILR FAVORITE RESCRIPTION r and Manager Every Evening This Week ) OUR_LADY PATRONS: DON T FOR WEAK WOMEN. S THIS SATURDAY MATINEE! ety e Epeclal A tion Offered acte) A o0 0N CHICHESTER'S ENGLISH — FRANK TANNEHILL— “Yn And Excellent Company in the Great | Fastern Sucosss ° and Gnly > s SAFE, Alwassreliabie Ladl sk D o CHICHESTEI'S ENGLISH el lflli"ehM-. senled A Refun Dangerons Subsiiintions and Laite i fo” Pariieulars, Tentimontals ulars, Testim Rellef for Ladies,” in leitor, 1 o e Matl. 59"0‘:0 Tostimeniais. Soid vy ruggis oster i e ST b Bt YOUNG WIFE!” TRULY GREAT PERFORMANCE! ervbody's Versict—Young and Old. . Zic, e, 0c and e ibe, %, 3e and 5o | Th “p A E Sunday Afternc A ETRAN Next HOTTS First Time Ever RACING! RACING! 19060 WINTER MEETING—190L | CALIFORNIA JOCKEY CLUB. RACING ! AW NOV, 3D TO NOV. 17TH. INCLUSIVE. OAKLAND RACETRACK. Racing Monday, Tuesday, Wednesday, Thurs.- Friday and Seturday. Rain or shine. or mo: races each day. s start at 2:15 p. m. sharp. Ferry-boats leave San Francisco et 12 m. and 1 130, 2, 230 and 3 p. m., connecting ns stopping @t the entrance to the ast two cars on train reserved for e Their escorts; no smoking. Buy your ferry tickets to Shell Mound. All trains vis Cakland mole connect with San Pablo avenue ciectric cars ot Seventh and Broadway, Ouk- isnd. Also sl trains via Alameda mole con- ect with San Pablo avenue cars at Fourteenth Erosdway. Oakland. These electric cars @irect to the track in fifteen minutes. Returning—Trains leave the track at 4:15 and 445 p_m. and immediately after the last race. THOMAS H._WILLIAMS JR., President. R B MILROY, Secretary. FISCHER’S ©°© Facel, Puerari, Allesandron, Irene Destrice, Harry Walton, the Morrises, Fex and second act of “Traviata. Reserved seats, Zic. Matinee INJECTION. A PERMANENT CURE of the most obstinate cases of Gonorrhma and Gl teed in from 8 to 6 Sold by all druggists. AMUSEMENTS. CHUTES AND Z00.57 HUNT’S DOG CIRCUS. BIG VAUDEVILLE SHOW! THE CONGO FAMILY. TO-MORROW NIGHT_THE AMATEURS. And & LADIES' BILL POSTING CONTEST. Telephone for sests—Park 3 & NCERT HOUSE. Admission 10c. and Claire CITY AND COUNTY HOSPITAL k - Watering Matter Develops . Other Subjects for Inquiry. : Mil | —— N NN SN \ ) THE MAN WHOSE EXC SHOWN IN THE DING LOV INVESTIGATION OF MAGUIRE AT THE CITY AND COU E F Y HOSPI L. HAT scandal is rife in the fa of the City and Count Hospital is being demonstrated beyond a doubt in the investiga- rday the tion be by Board of Health ck ferred by Superinten « 3 { Sussdorff against Commissary Joseph W. belated discovery made by Chai ! man d'Ancona of the Supervisors' Health d Hos 1 Committee that the poorest | the { | bill for $46 which w M m guire that the k used in the institution. uspended from duty by S Maguire was &s a result of the sation Dr.. Sussdorff, who ther requested the board to confirm h The trouble is the direct result n ot kind of milk was being served to the un- fortunate sick in the City and County Hc ital While the inquiry is being directed by Hospital Committee, of which Dr. zet is chairman, with a view of get- ting at the truth of the charges made against Maguire, the proceedings develop- ed the interesting fact that Dr. Sussdorft was as much on trial as Maguire. Inter- esting details of Sussdorff's peculiar ac- tions in connection with the administra- or had wateted the/ ? SMALL BIRDS AND VIOLENT HATRED OF CATS IS BEING i THE ALLEGED WATERING OF MILK BY COMMISSARY JOSEPH | some of which had been served up superintendent’s dinner table in the best style, but the superintendent replied in the negative. It developed that Maguire interposed vigorous objec- tions to th ctice for humane reasons Similar motives impelled Maguire to re- monstrate with Sussdorft for setting his bulldog on the hospital cats. This pro- ceeding used an uproar one day near maternity ward that seemingly dis- i the peace of the patients. dorff created some amusement when admitted that the cook had two or three sparrows for his taste, but that he was sadly rointed in the dish. 2 of Dr. Bazet Sussdorff said 10t accused Magulre of wa- milk before suspending him. sked Bazet, “‘do you not recol- provic epicur lect having told Dr. Buckley d myself | that M re had admitted to you that he had ed the milk?" Dr. Buckley came to the rescue of Suss- tion of the hospital were brought to light | which make it appear as though a “go-{ vou-please” policy prevails in the stitution and that it is not being con- ducted for the best interests of the pa- tients. The inquiry began with the submission of three affidavits signéd by Peter Teys- sler, D. Richards and Louis Loo, em- ployes of the hospital, who asgreed in the presence of T. Maher, as witness, that cach would be willing to swear that he had been ordered to water the milk by Maguire before it was served to the pa- B Sussdorft _was then T htand and subjected to a of uncomfortable cross-questioning ho acted as Maguir his methods of com- pital to deal by Matt Sullivan, w attorney, regarding pelling the subordinates in the he 3 1 fer to his creature comforts. Suss- dorff did not admit any of the accusations, but Sullivan succeeded in causing him to squirm about uneasily in his chair. Sulli- van said his intention was to show that there was animus in the charges brought by Sussdorff against Maguire and the lat- ter's consequent suspension Z it not a fact?” asked Sullivan, “that Maguire positively refused to indorse a i ! expended for three palrs of fancy blankets to be used by your family : : Sussdorff evaded this question by say- | ing that he had obtained permission from the Board of Health to purchase the blankets without the commissary’s knowl- edge, thus making his own superior offl- cers parties to the irregular proceeding. | Agaln Suilivan demonstrated that the coachman employed at the hospital had [ ! been frequently engaged in driving Su dorff to visit his private patients during hours when he should have been attending to his duties as hospital superintendent. ussdorff said, however, that he had no private patients at present Sullivan asked Sussdorff if the hospital cook had been ordered on several occa- sions to climb trees and secure young B. KATSCHINSKI, PHILADELPHIA SHOE CO. 10 Third 8t., San Francisco. LLadies’ Shoes at [nfant Prices Some reason for it, of course. Not having a full line of these goods, we will place on sale at 1,45 Pair Ladies' fine Tampico Goat and French Calf Button Shoes, Seamless Fox—double sole— fair stitched and narrow square toe. When sizes were complete the goods sold for $2.50 and $3.00. Following are sizes and width: B-24to7. E—6tod C-—215 10 7. EE—2%, 4% and 5% to 9. D-3, 34 and 6 to 8. Country orders solicited. Send for illustrated catalogue. PHILADELPHIA SHOE Co, 10 THIRD ST. San Francisco. | | | | Sussdorff would not admit that there was any unfriendly feeling between him- self and Maguire. Dr, Bazet objected to a question put by Sullivan as to whether Sussdorff had inspected the hospital reg ularly, on the ground that such a matte was under the Board of Health's jurisdi- tion. Sullivan replied that the object of the cros imination wes to demonstrate Sussdorft's maliclous feeling against Ma guire. “We wish to show that there {s a con- | risks of the beyond which it could not go wi ‘“h(’n an accident spiracy cn foot to blacken the most hon- | orable commis ry that the hospital has ever had,” said Sullivan. "If we can show malice on Mr. Sussdorff’s part nothing that he can say will hurt Maguire's repu- tation.” Sussdorft was forced to admit, after much persuasion by Sullivan, that he re- | garded Maguire as an honest official and his administration had been economical in many respects. Sussdorff denied that Maguire had suggested any reforms, par- ticularly as to the necessity for an in- dorff, who was nonplused for a moment, | spection of the hos; ital, by stating that it was possible that the| Sussdorff then nlfloued to the line of superintendent had sald that some one | Sullivan's auestioning and was sustained se had informed him that Maguire had | by Dr. Bazet, who held that the questions con fessed to Watering the milk. | were direct reflections on the joard of Sussdorffl admitted that D. Richards, | Health. Sullivan denied that he Intended who had filed the unverified affidavit that | he had been given orders by Maguire to water the milk, was a former patient, but was maintained in the hospital at the city’'s expense. Also that Maguire had objected to his pressnce on the ground that it was an imposition on the eity to provide for his wants. Sussdorf would not_admit that it was the practice of stewards under former ad mi rations to skim the cream off the milk, which was served to the hospital officials while the skimmed milk went to the patients. He thought that under Maguire's supervision he had noticed an improvement in the milk, and admitted that the expenses in the commissary de- partment under Maguire’s regime had The investigation was resumed in thas evening. the first witness belng Chemis: Green, who testified to the correctness of his analyses of various samples of milk submitted to him by Dr. D’Ancona which had been taken from the hands of pa- tients and pronounced by him to be of a poor quality. Green gestified that two of the samples were undoubtedly watered milk. Sussdorf was called for cross-examina- tion, and was asked by Dr. McCarthy if he desired to have counsel. Sussdorff said he had no need of counsel as a witness. “I see Mr. Samuel Shortridge in the room,” said MeCarthy, “and under- nd he is here as your counsel.” ‘I am here as Dr. Sussdorff’s friend,” said Shortridge, “but if he needs me in'a legal capacity 1 will represent him.” | been reduced. | | to impugn the motives of the board. “It seems to me,” sald Bazet, “‘that we are only concerned here with ascertaining who watered the milk. It is certain that it came to the institution in standard form and was then adulterated in the in- stitution.” Louis Loo, the head cook of the hospital, who signed one of the statements that aguire had watered the milk, stated that five months ago he had caught Ma- guire putting water in the milk. Loo said he told Maguire he would get into trou- ble. Loo sald he had never received or- ders from Maguire to water the milk, but he had found milk in his kitchen at jeast one-third of which was water. Sullivan drew from Loo that he had never heard Maguire give orders to water the milk, but when shown his signed statement that he would swear that he had (which state- ment was produced in evidence by Suss dorff). he replied that he had heard Teyssier say that Maguire had watered the milk. Loo denied that Maguire had ever complained of the filth in his kitchen or that tuberculosis patients had been al- lowed to work in the vegetable room. Peter Teyssier, the vegetable man, tes- tified that Maguire had shown him how to put water in the milk 5o as to increase the number of cans supplied to the hos-| This practice had been going on | pital. every day for about ten months and was only stopped by Maguire when Dr. d'An- | cona’s discovery of the diluted milk was published in the newspapers. The investigation will be resumed this evening. LYING DEAD IN 1 BATHROOM Sudden Ending of Frederick Haberly After Hard Day’s Work. Frederick V. Haberly Walters, grocer, on the corner of Califor- nia and Dev! dero streets, was found lying dead on the floor of the bathroom at the residence, 1927 Green street, early yes- terday morning. The key of the gas burn- er was turned on to its full extent and the room was full of the poisonous fluid. Hab- | erly had taken off his hat, coat and shoes and left them in his hedroom. He was a nlnalh‘e of Vallejo, unmarried and 24 years old. George W. Haberly, postoffice clerk and a brother of the victim, was inclined to be reticent about the affair when ques- tioned by Deputy Coroner McCormick. He sald that his brother had very long work- ing hours and was consequently very drowsy in the evenin Frederick was not a drinking man, and did not exhibit any signs of liquor when he came home on Monday evening. He lay on his bed with his clothes on and fell asleep, and was awakened by his brother at about 10 p. m. He went into the kitchen and fell asleep again. At 10:30 he was once more awakened by his brother George and ad- vised to go to bed. Frederick lighted the gas in the kitchen and went into the bath- room, and George retired. At 6:45 o'clock”, yesterday morning he entered the bath- room and found Frederick dead. ‘Wiilliam Haberly, another brother of the dead man, called at the Coroner’s office vesterday afternoon and explained that Frederick was a somnambulist, and that | he was probably walking in " his sieep when he turned on the gas without light- ing it. It’s a Cinch that you want one or more packs of the new series of Anheuser-Busch’'s Army and Navy pla~ing cards, just issued. Full highest uality, gilt edges, leatherette case. U. 8. imy ll‘ls Navy heroes appear on all face cards. We mail them prepaid on receipt of 25 cents, money or stamps. Malt-Nutrine Anheuser-Busch Brewing Ass St. Loul ——————————— ‘Executors on the Defensive. Judge Coffey has taken up the hearing of the charges preferred by Ellen Radi- sich, as guardian of George Mascarich, against John Clecak and John L. Rado- vich, executors of the will of the late Anna Herzo. Mrs. Radisich alleges that the executors have failed to include valu- able properties belonging to the estate in their inventory for the purpose of de- frauding the estate. She asks that they be forced to furnish a bond if permitted to retain control of the estate, but asks that the court suspend their powers and appoint other executors. was taken, but owing to the absence of 1 oretdl'.m witnesses a continuance was order | clerk for Willlam Some testimony | { LARGE CLAIMS FOR INDEMNITY Demands of Railway and Cable Companies in the Philippines. R WASHINGTON, Nov. 13.—The President will submit to Congress at the approach- | Ing session the claims for indemnification and for other substantial recompense of the British cable corporation which suf- | | | fered as a result of the American occupa- | tion of the Philippines. The corporation claims damages for the Interruption of their cable business by the American forces. This claim was reduced to a_very low figure, but was disallowed. The East- ern Extension Company claims that it has a franchise from the Spanish Government, obtained before the war, granting it a mo- nopoly of cable business throughout the Philippines, and that this monopoly has been invaded by the action of the Unitel States Government. At the same time the Manila-Dagupan Railroad Company, the only railroad m | we mean by -0ught to know | the Philippines, sets up a claim, first, for just compensation for the use of its prop- erty by the United States, and, second, for the continuance of an annual subsidy of £4500 guaranteed by the Spanish Govern- ment by the Philippines revenues. The contention that the subsidy in the | | 1ast case and the monopoly of the Bastern Extension Company having been legaliy obtained must be continued was recog- nized as a very important one and was re- ferred to the Attorney General. His de- cision was to the effect that these claims were not based on a contract right. But he also held that both the cable and the railway company had good, equitable claims. 1t is possible that the subsidv may be paid temporarily from the reve- nues collected from the islands them- selves, but it is the intention to refer the whole subject to Congress in order that it may do justice to the companies. Therc has been a good deal of correspondence on this gubject, and the British authorities are earnestly supporting the claims of their citizens. Another set of clalms which will be re ferred to Congress are those arising from the detention and isolation of Japanese subjects in connection with the bubonic plague last summer in S8an Francisco, and the claims of Japanese citizens for dam- ages sustained through the action of the Hawalian authorities, — Grocers Will Give a Banquet. The Retail Grocers’ Association will tender a_banquet to-morrow evening . to Eugene McCoy, B. A. Schmidt and Mar- tin Meyer, who represented the organiza- tion at the Grocers’ Congress at the Paris Exposition. A number of delegates 1o the Grocers’ State Convention will at- tend the banquet. e Nowadays eritical ale drinkers never think of ordering Ale or Stout but Evans', Highest grade brewing and bottling. Dealers everywhere. * | and provide them with | not be regard | positive rule that mus _J HO IS RESPONSIBLE Copyright, 1900, by S:ymour Eaton. | FOR UNUSUAL RISKS? | LAW LESSONS: As we have seen. an employer must use ordinary care in emy ing his servants uitable or proper tools, machinery, places for work, assis ance and instruction or regulations. Hav- ing done this, they assume the ordinary empioyment. Use of Newest or Safest Machinery. What is ordinary care is a_question fact, and therefore can be fully answered only whenever a case happens. Yet some partial answers have been given to the For question that are worth considering. is not required to! example, an emplo use the newest or safest machinery. Says the Supreme Court of Pennsylvania “Some cmployements are essentially haz- | ardous, and it by no means follows that an employer is liable because a particul accident might have been prevented by gome special device or precautiom not in common use.’” e case which this | principle wa dent from t applied grew of an a ing broad gauge cars on a nartow gauge track. It was proved that the railroad company often drew such cars on its track, though they were not as | safe as narrower ones. But the court de- | clared that this was a proper business; that the company was not limited, when operating its road, to cars of the safest kind; It could use others less safe if de- sired. There was, however, a #ule or limit hout be- that? oming negligent, and w was The ordinary usage of business.” Thi st that must be applied. “No said the court, “is held to a high degree of =kill than the fair average of trade or profession, and the standard due care is the conduct of the average prudent man,” There may be a better or less dangerous way, so the court added, t but no jury can be permitted to say that to use the usual and ordinary way, com- monly adopted by those in the same b ness. is negligence. The question still remains to be dycided in every case, was the machine, appliance car or other thing used that caused the accident in common use? If so, the em- ployer has complied with the law and therefore is not regarded as negligent has happened from using it. | | When a Defective Appliance May Be | Used. Again, a machine or appliance mavhhe- positively defective when an employe be- gins to use it, and yet his employer may i as negligent in having it used if the employe knew or had reason to know of its true condition. This prin- ciple is founded on several reasons. Firs an employer has the right to use his own in any manner he pleases not contrary to | law. If he erects a mill he is not obliged to keep it in operation; he can close when he pleases. So, too, if the machine becomes old, vut of date, and eVen dan- gerous to run, he is not obliged to take it out and put in new; he can continue to| use it if he be so minded. The essential | thing for him to do Is to be assured that | his operatives understand the added dan- ger wrought by time and use. If, as (h»] Courts say., they do know, or ought by using ordinary precaution or care to have known the danger, it may be used with- out transferring the new or greater risk to the employer $ { Second, the courts do not consider that an employe has done anything contrary | to law or public policy in agreeing to operate a machine that is defective. No deceit has been practiced on him, and he cannot blame his employer. Hé under. stands the nature of the risk quite as well as his man or any one else. He acts with his eyes wide open, and the law gives him the fullest liberty to do so. Further- more, he would doubtless compiain if the law were otherwise and he were forbidden | to use only appliances or machines of a prescribed make or pattern. Danger of Using a Defective Appli ance. Yet all can see the danger of an abuse of this principle, and no doubt it abused every day. Workmen take risks that ought not to be taken by them; em- ployers use machinery that ought to be taken out and sold for old iron. Some countries and states have statutes relating to this subject, inspectors to visit mills and insist on the use of safe applianc the boxing of machinery, the covering belts, as to prevent accidents. Such 1egulations and inspection have a good | purpose, but where they do not exist 1 us repeat that emplovers and employe may make contracts for using almost any kind of appliances and machinery, the nature of which is known to them, with- out violating the law. The only limit is the use of a machine or appliance that would be regarded as a reckless exposure of life. A contract to do this would be void, and if either party were so inclined he could decline to fulfill it. | The Rule Requiring the Use of Safe Appliances May Be Set Aside. The reader may now ask the question, what has become of the ru requiring employers to exercise ordinary care in em- ploying servants, appliances, et The answer is, it is and may be set aside whenever employers and employes see fit to do so. In other words, It is not a be kept in every case. If an employer wishes to do other- wise, use tools, for example, that are not suftable, and can find men who for the | sake of .employment or perhaps for the | tempting offer of higher wages are willing o tzke the risk, they can be used without | hbjecung the employer to the charge of negligence, which is always the founda- | tion of an action against him by his em- ploye. If he is not guilty of this, he not liable, and he is regarded not guilty | when he agrees with an employe that the latter is to run a machine or use a tool or work in a dangerous mine or powder | mill, when he understands the risk as ful- Iy the employer himself. In all cases of this kind—and they are very numerous —the employe assumes the new or unus- ual risks himself. | Employes Must Know What They Are Using. In stating this rule one clause or fact must not be overlooked—the employe must | know the real condition of the appliance | or machine as fully as his employer. If | he did not know, then the master’s liabil- | ity is quite another thing. Let us, then, | keep clearly in mind this - important | feature of the rule, that the employe knows or ought to know just what the ap- pliance or hazardous place is. What do ? That the | risk is so obvious that by the use of h ordinary senses he can see it and under- stand it. If a workman were employed to work on a well lighted floor that had a large hole in the center and his work | was of such a nature that he could see it | if he kept his eyves open, he could hardly | sue his emplover for his failure to step | over it, because he must have known from the most ordinary experience that | no one can walk on air, however light he | may be either in body or mind. It may be added, though, that this limitation to the rule has caused no little | dispute. A man is injured by the giving | way of a floor. He did not know that it | was defective and had no reason for sup- | Enzlng it was unsafe, but the employer new of its condition. 1In such a case he can recover. Suppose the defects in the | floor were apparent to persons who went | over it. he could perhaps say he did not know, but he could not say that he ought not to have known, for others knew who | were in the way of going there like-him self: In one of the cases an employe was injured by the kick of a horse owned by | the company he was serving as hostler. | The evidence clearl{ showed that knew of the horse’'s vicious habits. * had kicked others,” said the court, “and her reputation was well known fo the persons employed in the stables, and they were warned to guard against being in- jured by her. * * * No duty was im. posed on the company to inform him of what he so well knew. nor to forbid his | grooming the mare. He voluntarily as-| sumed the risk and continued to expose | himself to a well known danger. His employer therefore was not liable for the | injury. It mattered not that his master knew of the vicious habits of the mare. | The employe also knew, or ought to have known, and so he had no right to recover | anything from his employer. | 1 he could recover in such cases after | showing that he had no aetual knowledge | of the risk from which he was injured, the | temptation would be strong in the case of | he “‘She | An employe was injured b | that usually were covered. EMPLOYERS AND EMPLOYES. to show that he did not know. d says p further a er he must sh and that there before h he n why should have known question then must always be a_double one: First, did he actually know? If he did, then he is cut off from recovering anything; second. if he did not know ought he to have known? If he had, n he is also cut off. Only in t cases in which he did not to have knowr claim with any fav Unusual Risks Known by Employers but Unknown by Employes. Again, if there are unusual ris are known by an employer, but known by his employes, an: reason for their knowing t ¢ syer responsible nee. a workman chusetts u wa a defective durt floor £ - did noe ko 1 ext its weakness. The court, speaking through its Chief Justice, remarked that the injured man had some kn £ the floor was <u:fik‘l on his guard at the time he cover. But the court from the re and_condit uilding and « defect 1 without havi ed - a flcor 1 have b the pla. " h, y Way to have known ¢ onditioh of e floor a 0 v ; t the floor was 10 ha it on the ‘The court reite: has knowledg. 1es business is or other places nsafe or with ma- its that are of the r In such cases the work- e risks which he knows to ent to the plac to the busi- The appeared of the risk tt by his mast loye was kn either th cases to an em- been found v dilige on his part. In where is liable. ¢ them the ques unusuai or ord way of ever answerl Each case stand is one of fact. In the cas jured by a tried to show t that he could have easi sequently the ir own negligence. O hown that he had before and that he had but two minutes for déciding whether he we use it and even then he was uncoupling cars, so that in truth he had no time to make a proper examination e The jury decided tpat he wa t and had such would proper to v m with the consequences r'af a knowledge of the defect and a volun 2 the brake notwithstandl such knowledge."” T——— One other an mentioned that happened me cogs The cover had is knowledge, ex- be: !n rakr:n off without h ng the cogs and crea o d unusual risk. The employ »rx"'ng‘d:f“ s was that the employe was negligent not noticing the removal of the cov The jury thought otherwise, and so did the Supreme Court. The charge given to the jury, which was approved by the court of review. is worth quoting: “Any risks that are apparent and open to the em- plove. 5o that he knows them. or, by the exercise of ordinary care and the drdiname observation which men are supposed to glve these matte: ¥ understand, not only the defects, but the risks, he is pre- sumed to take.’ 3 « in r. ALBERT S. Untversity of Peansylvania, 0 oo HOME STUDY CIRCLE QUERIES. 59. The poems of what author we: buried for ten vears in his wife's cons 6. What modern writer is known as “The Dickens of the Ghetto 61. What great painter was called * Shakespeare of the Outer Man'"? S 62. Who was “The Nun of Kenmare? 63. What President of the United States snfir‘vr‘:%:l a lr;]dl ig the revolutionary war? 3 om jron satirize as * the Fourth”? y Ry 65. What general in the American revo- lution became Governor of Paris? 66. What great Russian author was de- sc‘v_nd‘:dh from a negro? T ho were the originals f characters, Harold Skimpols On{mrimlk_;?- rence Boythorn? 68. The character of Daniel Deronda’s mother was based upon the mother of | what English Prime Minister? 6. What victorious commander in an American war afterward became a rear admiral in the service of Catherine of Russia? 7. Who was “Queen Dick" Answers. 47. Thomas Paine. 45. Pope. 4. Caligula. 5. Bonaparte. 5l. Nelson's. 52 Oliver Cromwell. 53. Oliver Wendell Holmes. . Pope. U. 8. Grant. 3. St. Thomas Aquina: Lincoin. 3. Wesley. SN\ Y Just to Try A KOHLER & CHASE PIANOQ is to learn at once why it 1s the MOST POPULAR instrument. This is surely the best piano on the market for the money. Call and see our new styles. Over 100 instru- ments to select from. We give easiest terms. KOHLER & CHASE, THE OLD RELIABLE, 26-30 O’FARRELL ST,, SAN FRANCISCO.