The San Francisco Call. Newspaper, November 21, 1900, Page 7

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THE SA FRANCISCO CALL, WEDNESDAY, NOVEMBER 21, 1900. AMUSEMENTS. " s ot gremnco. | SMOKELESS OIL HEATER FOR THAT COLD RODM. 84.00 o and David | ered .m\\\h'*r‘ PATTOSIEN S. Mr. Walter Damroseh | ROMEO ET JULIETTE" 1 ster: Bd. de Giiibert and think Sig. Mancinell Ko Heater for thi doubl Description: HENGRIN' —Ga Dyck, Bispham, | 1 Walter Damrosch N Fount, flange, F ~Melba, Bauer- | rem top, window . eza, Campan r ard numbe | X and B4 K nickel plated. sig \,,,.,.N AY EVENING—2¢ GRAND POPULAR NIGI WRITE F-IP CATA- PRICE $4.00. PAT fOSlEl\"S Sixtesnth and Mission Stre:ts. ~ SAME SHAPE TWO QUALITIES ETTPE L ONE BOTTLE A \h\’\ L..O‘\i“\\\ OF UP-TO- CURES DATE VAUDEVILLE STARS. § MCBURNEY'S MAX WELDON, STELLING AND Kldfley"g.‘_‘,';“.?" REVELLE CONDITT AND ¥ A thorough cure for MOREY, BROTHERS MARTINE, C pains in the back, IONE MACI “"H BRIGHT'S DISEASE, DAN HIATT. 24 femele troubles, incon- DOLAN A HARR, W. J. Ju«‘n(-eof urlne, brick dnst deposits, tting of children, gravel, gall siones ul(‘]»‘\ diabetes, and rheumatism. 4 Kearny st., N T0-MORROW IS THE BIG DAY! sTHURSDAY, '\OV CH ARITY FUND uy 28 Market st F. McBurney, Los Angeles, Cal., for & 22 Prepaid $150. Druggists. VIM, VIGOR, VITALITY for MEN | MORMON BISHOP'S PILLS have been in use over fifty s years by the leaders of the ASSOCIATED e from effects of sel , dissipation, excesses or cigarctte-smoking, Cures Lost Manhood, Impotency, Lost THEATRICAL | N GERS Power, Night Losses, Insom- nia, Pains in Back, Evil Desires, Lame Back Nefxous 1 Headache, Unfitness to Ma ele or Con- rvous T witching imm ediate. AT THE ORPHEUM .',_‘v DR. JORDAN'’S crear MUSEUM OF ANATOMY MAREETST. Det. 624700, S.F.0al, Th: Largest Anatomical Museum in the Wond. Weskneeses or any contracted discase peritively cured by the ldest Speciaiin cn the Coust. Est. 36 yeare. DR. JORDAN—PRIVATE DISEASES erm itation free and strictly private. Tresment personally of by Jeher, & Fobtiue Curtin every cave ua feriakes. ILOSOPAY of ® [4 ‘ LED FREE. €A e ks 2 EDAN & CO., 1051 Market St.,8. £. COLUMQM&%: After=Theater Refreshments, The completeness of the arrangements made for your entertainment in the Sup- per Room can be estimated when it is known that the attributes responsible for (hn popularity of the Grill Rooms are in idence here. Delightful music, prompt moderate charges. Open every ndays excepted) from 9:30 to Entrance from the court and o4 THE P\MEER." service, 12 o'clock. main office. GIRL.” RRY B. SMITH SINGING Palace Hotel Supper Room. EXTRACTION cts. Our $5,00 Plates fitlike o glove. GNER NIGHT. 815% GEARY STREET Between Hyde and Larkin. Telephone Polk 11 | Pacific Is an Intimate |12 not likely that Mo PAINLESS | rude B. Johnson against Waldo 8. John- PR.E.L WALS"iaza!nn Charles A. Wall for crueity. 3HAYS MAY BRING LANDSLIDE OF GOOD THINGS AT THE ORPHEUM TO-MORROW Local Theaters Will All Contribute the Best They Have for the Actors’ Benefit Programme. THE McCOY SISTERS AND SAM MARION, | THE ORPHE 'M TO-MORROW AFTERNOON. NOW AT THE ALHAMBRA, WHO WILL BE AMONG THE PARTIC- ; IPANTS IN THE BIG BENEFIT FOR THE ASSOCIATED THEATRICAL MANAGERS CHARITY FUND AT HEATRIC. will be given at the Orpheum to-morrow afternoon, beginning at 1 o'clock sharp. The programme will be the strongest ever given in this eity. From the vrau Opera Company will come Mme. Olitzka, the great contralto; David Bispham, the eminent barvtone, and Walter Damrosch, ‘he composer and conductor. Frank Dan- {els will send his “Ameer” company up from the Columbia, and Ferris Hartman and the principals of the chorus of “The Jolly Musketeer' will represent the Tivoll. The Royal Marine Bank of forty- five pieces, and Sig. Setero, will be the . people are noted for their gen sity. The actor folk are always the first to offer their assistance when ever any occasion rity arises. But the aver- age actor man and woman {s improvident, hence the actors’ fund of New York, and ated Theatrical M: agers of | The anization and destitute several dead ear, and to ald anual benefit for « onals and_ buried rs during the pas X3 contribution from the California Theater. The Alcazar will give an act from “The Railroad of Love,” and the Alhambra will gend down the McCoy Sisters and Sam Marion, “A Stranger in New Yorl | whose specialty is the hit of the last work | of the late lamented pionedr of farce | comedy, Hoyt. Leander Brothers, novelty acrobats, will represent the Chutes. Eddie Mack, a descriptive buck and wing dancer, will be the Olympia's contribu- tion, and the Orpheum wifl present every act on this week's bill, except one. The seats are gnlng with a rush. SALOON-KEEPER'S WIFE SHOT AT Mrs. Albrecht Takes a Look at the Weather and Is McGUIGAN RERE New President of Southern Friend. Made a Target. ——— | —— It seems to be generally understood | Mrs. John P. Albrecht opened the door among the local railroad men that F. H. McGuigan will accompany Charles M. | of her husband’'s place of business at 301 Bryant street last night and was greatly Hays, the new president of the Southern | startled by the flash made. by two shots Pacific, when the latter comes here In |from a revolver. The bullets imbedded January to take up his new duties. It | themselves in the door and : window was thought at first that McGuigan | frames, narrowly missing the wife of the would succeed Hays as general manager groceryman. It seems crowd was gathered in the saloon drink- of the Grand Trunk system, as he was that early next in line for promotion and his name in the evening a had been rer‘ur?m‘.-mlde}\\l to the b;(::éd :g ing, when Jerry Murphy entered and Qirecors D e it & ieaon | dpinsd 481 the festivities, Several rounds ’residen son to rec # of drinks were had. One of the men, ‘mnn for the vacancy But the recent ap- npamed Campbell, went out through the { pointment of George B. Reeve to that po- gition opened up a new avenue of specula- | tion. rear door of the place and was followed by Murphy, who asked for the loan of some mon mpbell told him he_had McGuigan is sald to have considered | no money to loan, which did not suit Mur- the ;"Im‘(x"‘ h;'f;'r;('“; ';;(1" n€ 10 phy, who started a loud argument. The noise attracted the attention of Al- brecht, who came out, that Campbell had no money. Murph then became quarrelsome and was finally thrown out by the proprietor. The crowd gradually dispersed and a lit- tle later in the evening Mrs. Albrecht went to the door to take a glance at the weather. The shots were fired upon the appearance of the woman's head. Al- brecht went for the police and took them by a better of- Iroad men say it uigan would be con- tent to retain his present position as gen- eral superintendent of the Grand Trunk when he could have held the more im- | portant and lucrative office of general manager. It is taken for granted that MeGuigan will, in all probability, leave the Grand Trunk at the same time that thought he wa | fer from Mr. H Mr. Hays goes and that the two will £} come to San Francisco together. to Maloney’'s saloon on Second street, This theo given emphasis bv the | Where ""‘i; arrested Murphy, who was 5 | identified Mrs. Albrecht as the man who did the shooting. He was locked up and charged with assault to murder. T had just left the Mail dock,”” Murphy sald, “‘and suggested to a friend that we g0 and have a beer. We had Jjust ordered recently published dispatch from Montreal Thet sovaral ofcials who have Deeh saso- clated with H since he went to Canada are to join him in this city. McGuigan and Hays have been intimately associated v h other in railroad work for the ® past twelve or more vears and Hays has | the drinks in Jerry Maloney’'s saloon, shown a_disposition to advance |‘When a man whom I never saw before the interests of McGuigan on every pos- | came in with the officers and said, “That's sible oceasion the fellow,” and they arrested me. I do not know to shoot some Just what office McGuigan would fill if he came to the coast is, of course, a_mat. ter of speculation. There is no office of general superintendent at the present time, but it js generally understood that the dutfes which usually fall under that f8le are now being performed by General | Manager Julius Kruttschnitt and Man- ager J. A. Fillmore. but they said I had tried ody."” HUNTINGTON TO INSPECT NEW COAST DIVISION ‘Will Go Over the Nearly Completed Road With Chief Engineer | Hood. | In the Divorce Court. Decrees of divorce were granted vester- | H. E. Huntington, vice president of the day to Annie Flynn from Joseph J. Flynn | Southern Pacific, and Willlam H. Hood, for neglect; Charles Drescher from Marie | the company’s chief engineer, will leave E. A. Drescher for desertion; Mary Jana | this morning for Los Angeles. The main | West from Philander N. West for deser- | object of the trip is to inspect the new | tion; Mary Oswald from Henry_ Oswald | Coast division. The closing of the “gap’ for 'desertion, and Emma L. Ravburr is now a matter of only a few weeks, and | from Louis A.'Rayburn for negiect. Suits | with its completion a big force of men for divorce were filed yesterday by Gert- | will be put to work ballasting the road. This will be the final step to be taken be- fore the line is opened for travel. H. E. Huntington has not inspected the line for more than six months, during which time much has been done under Mr. Hood's supervision. It is hoped to have trains running over the road by the beginning of the new year. The inspec- tion party will be gone two or three days. —_————— | Frank J. La for failure to provide, | Rav Brotman against Benjamin Brotman for cruelty; Oscar Horwitz against Sarah | | gon for cruelty; May P. Laskay rgainst | i Horwitz for desertion. and Edith M_ Wall | e e Two of a Trade Seldom Agree, But all must agree Evane Ale and Stout are ‘hrn for you and me. Mellow and clear, ‘Write fornew catalogue of watches, jewelry & W, T. HESS, KOTARY FPU3LIO AND ATTORNEY-AT-LAW, Tenth Floor, Room 1015, Claus Spreckels Bldg. Telephone Brown 931. 521 California st., below Powell, San Francisco Restdence. AMUSEMENTS. AIF ELLINGHOUSE -Prop. and Manager HONE ROUTH 770 Breaking All Pasf Records! HOYT S—FINE AND DANDY .| "*A STRANGER I¥ NEW YORK.” Headed by the McCOY SISTERS and SAM ARION, And a C pany of Comedians That Are Funny, With Girls That Are Pretty and Who Can Dance and Sing, EVERY EVENING THIS WEEK. MATINEE SATURDAY. e, 50c and Too. SSA IS ALL R"‘HT' RS e | NIGHT. m of A“ Is For Superb Comic oper-. “A JOLLY MUSKETEEH" First production in_this eity. | tten and Composed by Stangs & Edwarss. | Matinee— Evening- BIG DOUBLE COMPA 13 POWERFI'L CHORI [ gNext ay Afternoon—HERRMANN, the - s NEW st | Great ipanied by’ the Musical Worders. XY OLD FAVORITES and NEW FACES! | o1, 5 Ny EVER BEFORE AT OUR venings at 5. Matinee Saturday at 2. "“"‘ LAR I’RV' | CHUTES AND zoo.:.r,T._.;. CANNON, THE FAT MAN, BIG VAUDEVILLE SHOW! TO-MORROW NIGHT-THE AMATEURS ..25¢ and soe ione Bush 8. SeRs TS For Superb Comic Opera, gether, a decidedly enjoyable perform- and a FAT LADIES' TUG-OF-WAR. a all for the ridiculous sum of Afty Telephone for seats—Park 2. a performance better thas many you neNew York for twe dollars Du PONT SYLE, “‘Call.” gustin Daly's Charming Comedy, THE RAILROAD OF LOVE... L THE SAN FMIGISGU JOCKEY CLUB, NFORAN PARK. Initial m»uv\( Monday, Dec. 1, inclusive. Six or more races each week day. Six stake events, one hurdle race and two steeplechases first two weeks. First race of the day at 2:10 p. m. Trains leave Third and Townsend streets for Tanforan Park at 7, 10:40, 11:30 a. m., 1, 1:30 and 2 p. m., followed after the last race, at intervals of a’ few min. utes, by several sbecials. Rear cars reserved for jadies and their escorts. Admission to the . 19, to Saturday, {ATINEES SATURDAY AND SUNDAY. course, lmludlnx ailroad fare, §1.%. S! ; v LYNCH PRINGLE, Secreta » Next—SEV TWENTY EIGHT. RALPH H. TOZER, Racing Secreta it NCERT HOUSE. FISCHER'S “°nGiT o' i3, o all and Frank Tully; Irene Franklyn; the Jap: Harry H. Walton; Helen ené Claire Fex. RVED SEATS 2%c. MATINEE SUNDAY. GRAND BENEFIT BAZAAR In aid of payment of debt of the CHURCH OF THE ADVENT, at GOLDEN GATE HALL, 625 Sutter st., THURSDAY and P'RIDAY m ERNOONS and EVENINGS. Nov. 22 and Admission e eliverware. Hammersraith & Fleld, 3 Kearny. * Taxes Coming In Fast. TR AR Taxes are coming in at a lively rate in Kicked by a Vicious Horse. { the Tax Collector’s office. Yesterday the | N. Waldsteadt had a broken leg set at sum of $324,000 was paid in as taxes on | the Receiving Hospital yesterday by Dr. | the properties owned or controlied by the | Starr. Waldsteadt was driving along Southern Pacific Company in this ci‘y. | Tenth street and when crossing Fo'zom The Hibernia Bank also pald $1%5,000 as | the ugly tempered brute kicked through | taxes on properties on which it holds | the dashboard, hitting the leg of the | mortgages. driver. STARE THE DOGTOR IN THE FAGE. Bullt from an ABSOLUTELY WATERPROOF LEATHER into PERFECT WINTER FOOTWEAR. PREVENT COLDS AND COUGHS. ‘Made by Buckingham & Hecht, with CORK SOLES, at $5.00 tho pair for men, and they MNO INJURIOUS LININGS (such as olled silk o+ rubber). SOLD ONLY AT 788-740 Markot St., Kast's &, Matl Orders Filled—Address Department O. WOULD DISOBEY and told Murphy | COURT ORDER McCarthy Urges Board to| Hold Civil Service Ex- aminations. LS The Civil Service Commissioners held a secret conference yesterday afternoon with pursued in the matter of Judge Hebbard's decision overthrowing the merit system in so far as it affécts county offices. Com- | | missioners Freud, McCarthy and Quinn | were present at the conference and took | part in an animated discussion whica lasted more than an hour. The only con- | clusion arrived at was that an appeal | will be taken immediately to the Su reme Court. This much was admitted “reud and Quinn when they came away from | the meeting. Neither of the commission- ers would say anything further. McCarthy strongly urged his colleagues | to hold the examinations scheduled for | the offices proscribed from civil service, | notwithstanding Jud§e Hebbard's deci- | sion, but Freud and Quinn would not agree to this plan unul the matter had ducted the commission’s side of the case “1 am in favor of holding the examina- | tions scheduled even at the risk of being | cited for contempt of court,” said Me- | Carthy after the conferenc he fact that I might spend a few days in jail would not deter me from rising to a de- fense of the civil service system to which Judge Hebbard has dealt so serious a blow. 1 consider Hebbard’'s deciston as an outrage in that it prevents the Civil | Service Commissioners from performing their legal duties. If I could bring my as- sociates to my way of thinking, we would it might be to our personal liberty. It #eems, though, that more peaceable meas- | ures will be resorted -0 and a reversal of | Hebbard’s decision by the Supreme Court is vur only hope.” Auditor ‘Wells is in some doubt whether | the salary demands of the Civil Servics Commissioners should be audited. He | has referred the matter to his legal ad- visers for an early opinion. ““The fact that the duties of the Civil Service Commission have been seriously curtailed by taking from its jurisdiction all the county offices will leave but litse for it to do,” says Wells. “The decision ! to my mind affects any office which does | business with the State and to tae long list of offices which were directly affecte: by the suit might be added the office of | the Auditor, Treasurer and even the Reg istrar. In that eveht the Civil Service | Board would be concerned only with the Board of Public Works, Health Board and the Police and Fire Departments, and this vimuld not require a great deal of thelr time “As T understand the matter, the suit was brought by a taxpayer to prevent a and I might be enjoined from signing the salary demands of the commissioners on that ground. I have referred the point to my attorneys, however, and I will abide by_their opinfo “Recorder Godchaux, who probably had more civil service eligibles forced upon him than any other city official, says that he will not take any action with re- ard to his copylsts as a result of Heb- ard’s decision. A rumor was current around the City Hall that Godchaux would dismiss his copyists to make room for some of those who were ousted when eivil service was put into effect. “1 will do nothing,” said Godchaux, “‘un- til the case is finally settled on appeal. Judge Hebbard simply overruled the de- murrer put in by the Civil Service Com- mission. The commission has ten days unhln which to answer, but, with the ectancy of an unfavorable decision, it r probably take the case to the Su- reme Court instead. Tt is quite likely hat after the final decision is rendered T will reappoint some of my old staff as vacancies occur.” PROMINENT PEOPLE WILL BE JOINED IN WEDLOCK Sheldon G. xsllogg and Miss Annie Sheppard Are to Be United This Evening. Sheldon G. Kellogg and Miss Annie G. Sheppard will be married at the First Uni- tarian Church this evening at 8:30 o’clock. The .ceremony Wwill be performed by the Rev. Bradford Leavitt, pastor of the church. Mr. Kellogg is a prominent lawyer of this eity. has always been prominent in public affairs. He is a member of the Board of Election Commissioners, and was chairman of the convention that nominated Horace Davis for Mayor of San Francisco. The bride-to-be is the daughter of Mr. and Mrs. Eli T. Sheppard. She is a prom. inent society woman of S8an Francisco and is well known throufih her efforts in the cause of charity. er father was for- E-‘T’fly United States Consul at Tientsin, na. Church of Advent Bazaar. The ladies connected with the Church of the Advent will hold a bazaar for the henefit of the ehurch at Golden Gate Hal to-morrow and day afternoons an evenings. The ulllr wfll be Oriental in many of its detal Marvin has arra a whole utreot full of booths in Orlent style for the occasion. u Marvin's assistants are the Misses u Val, Lola and Gertrude Davis and Retngton. Judson Brusie will act as -yieler for hh wife at her unique Egyp- booth. At a Ju nese tent the young alu ot St. uild, assisted by the Club, tender for sale the rarest blouom ever e of paper. B — “Mira Valle,” P. Klein, Sauterne type, claret. Grand Vin. Depot 612 Geary street. . Mayor Phelan in his private office for the | purpose of authorizing the course to be | been referred to attorneys who had con- | bring this matter to an issue by holding | the examinations, no matter at what cost | wasteful expenditure of the city’s money | The law fequires ever: tity his employer of defec employe to no- s that occur in | the appliances of machinery that he is | using, or of incompentency in his co- employes. This rule is based on the foundest reason. The emplover must | look to those who work for him for such { infcrmatien. The empl of a great ona! inspection ould persons | factory could not by | ind out every defect; | appointed by or | course there is often inspect ma- | ehinery by perscns who are skilled in the | use of'it, but besides such inspections the law clearly throws on employes the duty | also of notifying employers cf all defects ‘msx happen while they are at work. Employes Must Notify Their Em ployers of Defects, Etc. If a defect occurs in a machine or an in- competent employe is found out and the | Giscoverer continues at his post and gives | no notice of his discovery and is after- ward injured throvgh the defect, what- i be, he can recover nothing. | In such cases the courts say that the em- ploye assumes the new risk. Consequences of Not Giving Notice. Suppose he does give notice, what then Douptless many of owr readers imagme we will answer that the master becomes at once the insurer against the new risk. Nothing of the kird. If he promiges to repair, then he becomes the insurer: if he keeps silent, in many States, though not in all, the courts have sald that ne does not assume any new liability. What | then is the condition of the employe? { Efther_he must assume the new rsk or The master cannot compel him to he can quit if he pleases; ! he chooSes to remain he does so at D rn rioke caless his employer prom- ises to repair or remove the new defect or risk, whatever it may be. The rule has been repeated by the courts. The Case of a Miner. On one accaslon the rule wus applied in P nor him for that | 187 | | | | | | employe through his continuance in the is s» obvious and inevitable as that no person of ordinary prudence would venture upor it then the continu- ance of the peril is at his own risk and the empioyer is acauitted of responsibil- ity upon the ground of the employe’s con- tributory negligence. Where, however, the employe or servant, electing not to hhandnn his employment, gives notice tu he employer of such dpfn(‘t in the appli- ances or instrumentalities used by him, and the emplcyer promises to remedy the defect, the relationship of the contracting parties at once undergoes a change. The @ssvrances of the employer that the dan- ger sball be removed .s an agreement by him that he will assume the risk incident Alabama to the case of a miner. It is everywhere admitted, says the court, “that !f the danger encounfered by the | service to the danger for a reasonable time. | Such is the law in all the States. ‘Wilder’s Case. In Wilder's case against the United States Rolling Stock Company, which was tried by the courts of lllinols, he was - jured i; an Incompetent engineer em- ployed by the same company. In setting forth his duties the court sald that ne d | was required to ‘keep his eves open to what was passing before him, and avail | himself of such information as he might receive with respect {o the habits and ways of his fellow-servants, and if. from either of these sources of information, found that one Of them, from {ncompe- tency or other cause, réndered his own position extra hazardous, it was his duty to notify the master, and if the latter refused to discharge the incompetent or otherwise unfit fellow-servant the com- | plaining servant would have no alterna- tive but to quit the master's employ. If he does not, he will be deemed to have as- { sumed the extra hazard of his position | thus occasioned. On the part of the mas- ter, it is negligence to retain the derelict | servant in his employ. It is, on the other hand, negligence In the complaining ser- | vant to continue longer in the master's service unless he intends to assume the | extra risk himself.” If He Does Not Notify He Assumes the Risk Himself. This is the law in most States. An em- | ploye must notify his employer of the in- | competen of a fellow-servant who is | wor ing h him, of a defect that has | happened in any appliance or machine ne ! is using. If he does not he is regarded as assuming the newly discovered risk | Thus far all the courts enforce the same rule. But if an employe gives notice of a defect or of the working of an incom- | petent servant by the side of him he still assumes the risk if his employer does not promise to remedy the defect and his e ploye continues to work. The courts of Tllinois and many others say the same thing, that an employer negligent If he does nothing to remedy the defect after | he has received notice of it; on the other | hand, the employe is also negligent if he remains at his post. The courts say that he can quit and that it is his duty to do so0. This, however, Is not the rule in all the States, as we shall soon learh. ! Effect of Employer’s Promise. An employer on receiving such notice | often promises to dismiss the Incompetent gervant, or repair the defective apparatus, and by reason of this promise the employ: continues to work. such cases the courts all agree that he does not assume the new risk; the master assumes it. In other words, he would quit work if his fect good. The master does not wish him to stop, and tells him to go on as befor and he will cure the difficulty, whatever it may be; and he, relyrnisolply on this promise, resumes his {as Clearly such cases the master is liable for any injury that may happen to him after that ance or continuing to labor with the in- competent servant. But if, when he no- tifles the master of his discovery, he say3 nothing, is_an oyster, makes no promisa { to do anything, he assumes no new lia- bility, and if his workman continues o labor as before he does so at his own risk. Effect of Not Keeping the Promise. Again, suppose an employer makes a romise to re;\alr and forgets it, or breaks F! what then? tion. The rule is this: Iying_upon it, continues at his post. can hold his employer for any liability that may happen to him growing out of the fleferl of which he had given notice, within a reasonable time to remedy it if | the employe Is o inclined. ~ If he does | not remove the defect within this period, tife law regards him as having changed his mind, and his promise to repair or remove the defect is no longer binding. | If, therefore, the employe continues to work beyond this Deflod 'ven by the law to the employer to e his 08 he doce so at his risk, as thoush the employer had never promised at all. How Long Is the Promise Binding? The reader may ask, What is this rea- sonable time within which an employer, if if an employe, re- which he is not bound In any event? No definite time can be fixed; each case stands by itself. In a case against the in Minnesota an employe who served as a blacksmith gave notice that m. ant was incomj 'ent and wi a better one. elying on tMn pmmln, he continued at his wo four days afterward was injured by his assistant. The company contended that so long a riod had passed since the time of mak- rr:g their Promin and_the accident that thelr employe should have regarded their promise as no longer binding, and the Piek therefore of working with the incom. petent helper was The court rendered a verdict ln lnvor of the em- ylni‘e. which was sustained by the Court Another case lnvolvln‘ this question arose in Alabama. A miner was using a fuse that did not ignite readily. Six davs before the accident to be described, the master had been notified that the fuse was bad, and he told the miner to do the best he could with what he had until he could get other. The miner continued to work' lr;‘d -;,: i . nlcr -‘1?; master's | -omise he char; ole m.nu Tt the ‘tuse and left the mine. . losion ought to have happened h! two or 'hree minutes: the miner walted twenty minutes and then returned. At that mo- master did not promise to make the de- | n | from using the defective machine or appli- | This is an important ques- | he | promise | promising to repair. is bound and bevond | Northern Pacific Railroad that was triea | 'NOTIFYING EMPLOYERS 0F UNUSUAL DANGERS Copyright, 1800, by Seymour Eaton. I - 1 | LAW LESSONS: EMPLOYERS AND EMPLOYES. Ceseahs SRR BY ALBERT S. BOLLES, LL.D. ment the mine exploded and the miner | = was killed. The employer sought to VI shield himself behind thi of law that the miner had remained a yond a reasonable time after his emy to supply him with pr > asked the court to charg that they should lude evide that the miner continue work_beyo promise to furnish wife could not_recc empli he charge the | preme Court | proper one : | Risks 'Ihnt‘ his work be- yor it nnot Be KnowmgAy Taken. The court of r considered ar principle that ou lea stood. det ery grave one, th t once, and if he on his_employ the risk is ne Y injured he can look t The rule has been | preme Court of In ger has been discovered and his empioyer § > he may rely ¢ but when thé dane: ¥ is great ate “and is of such a nature dent man would ar a promi v an_employe in ‘When the line of tain, is reached stop, and he cannot the faith of anothe it requires a_hazard t would incur. The Supreme Court marks that this ru all_the States further and nd 1mr that a | tirely the service is known to stantly and immediately dar An Employer Has Time to Investh gate After Receiving Notice. Again, when an employer tified of the incompe or of some new defect machine, he has a reason charge or notic ot required on 1 of the incomp has been no- vestigated for law The courts maintain need not act until ase plaint or notice is tr otherwise, it is main empl wouM be 'put too much at the mercy their employes. Risks Discovered Before and After Undertaking Employment. It may also be added that a ence exists between the an unusual risk is 4 ploye has been to work which he knows of its undertaking employmen and the cases But after he may discover a dangs he is unwilling to as: he escapes by obtaining his the other hand, as w master makes no promise to in response to the noti on as before, the law re ga suming the risk, as m he had known it in The Law in erg-uua. he works ds him as a as the This, howev s not_the law in all the States. of them, Virginia, for example, the dis- covery of ment of an incompet breaking of a machine, if the gives notice of it he has done eno is not required to quit to escape © usual risk. 1f he cha rem can do S0 and his master i responsibls for the consequences. ALBERT 8. BOLI University of Pennsylvania HOME STUDY CIRCLE QUERIES. 7l. What recent well-known author wrote much of his best work over a femi- nlnp signature” hat great ruler was known as \lnddmv la Ressource” The heart of what poet was plucked friend ter es in empl or t servant historical His Red Eminenc: ell-known romances? 75. What noted artist was the son of a monk and a nun? 76. Who was “Squinting Sam" What noted_ English I\WK was a tanner's grandson? 7. What American battle is “Tr!" knowr many Jkmown as Battle Above the Clouds’ e it il Tetamicere & - What American commander was killed by a volley from his own lines? 8§1. Which of the TUnites .\'tal»s was originally called “New Caesarea’ Which is the only remaining of the seven wonders of the world 3. What maiden. famous In_ballads fought at the siege of Ghent to avenge her lover's death? $4. Who was ‘“Patty Lee"? 5. What poet laureate was called “Miss Alfred”? Answers. 59. Rossetti 60. Zangwill. f1. Velas quez. 62. Mary Cusack 8. Andrew Jackson. 3 6. Lafayette, #. Pushkin, funt and Waliter aell. _69. John ADVBBT“EH!NTS. So much happiness for | $15.00—a lifetime of melody ina | WASHBURN Mandolin, Guitar or Banjo. So easy to learn to play— such excellent finished, Cre« mona tone. Call and hear || one or send for beautiful cata- || logue. KOHLER & CHASE, 26-30 O’Farrell St., SAN FRANCISCO. NEW WESTERN HOTEL, K=ARSY :-Nd co. 5 to §8 week; and cold water every room: room; tor runs all night. .~

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