The San Francisco Call. Newspaper, December 5, 1900, Page 9

THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 5, 1900. IND STILL DOLLS 'SCANDAL IN WALLACE CASE HELD BACK BY LAW’S MESH JRE POURING I Many GSubstantial Checks Are Received by Doc- tor's Daughters. Charity Workers Hold Their Last Meeting, and Now Everything Is Ready for the Great Show. g it Doctor's Daughters held their last previous to the great doll show dsy morning and disposed of all the Se preparatory business. A pleas- y ¢ meeting was the recefv- : ¥ donations from the well e splendid cause. Lowenberg and Mrs. Dan Mur- antial checks and Miss mpson, M Ella Morgan and and Grace Metson Blanche sitely gowned dollies. oh's donation was a Miss Morgan's @oll was a hed in all the fluffy lux 1 aristocratic miss of two brief Metson dolls was an exact f Chiguita, the world fam- d the oth was & Ray he cakewalk furphy has presented with a magnifi- ut thig year she worthy of the heck in- Mrs D r's Daughte ks of the Bo- t background 1, and round »osed all . his pos- have agreed d to-day it windows of New- WILLIAMS BUYSV A DOLL. Charities. o s the proud tion of dolis have a new er wonderful jame Jr. will ew doll and twofold satis w addition to ded Among » hortly mas H. Wi 3 o & the exchequer of ties. | was one of the suceessful efit of the San y for Homeless Chil- ns of Mrs. Philip 4 of by raffle. Mrs he lucky number f the doll and pretty model to able workers in Proud as the new wn the doll and in spite sseselon gave her, she - elings aside iams for $100. 1 to-day ill each receive a a_ gorgeous istic combi- Her gown st mpadour of black panne is becomingly 1iliant red para- es and the cutest I's ravishing tollet r doll to the rl from gay most aptiy de- the inanimate beauty. as added many dolle to collection. Each vear at the ms has purchased one of prize dolis, ané each gone with the pur- & to take its place in Texas Relief Fund. ditional subscriptions to fund have been received State relief committee: Valley, 2 05; eftizens tencher ‘and pupils of i, Del Norte County, §1 33; Red Bluff, §25); Lassen Petaluma citizéns, §7 45; es, $18 50. Stoddard Lap- Pacific cente; rted: F. 8. F., 1 % L. Lehmann, . ributions to date, §76 35. tributions, $18 8 Texas reilef fund to e — In the Divorce Court. were granted H. Rivers from Helena .1 ertion from Frank J. Loskey Buite for 4 D. Atkinson against n for desertion, Patrick Mary Bogan for desertion er-against Frank A. Stiner ide, Anna Densmore Densmore for failure to pro- lu Dowling against Charles POSTUM CEREAL. THE DOCTOR LAUGHED But the Woman Was Frightened. of Columbus ady Ga., rather patient who insisted lisease. at ally e effects of coffee drinking, nerves were so affected that it ¢ her every indication of heart disease. his is true of thousands of people who are badly hurt by the caffeine of coffee, and it is understood that If continued long enough real organic heart disease will set m The lady referred to above is Mrs. C. Irvin, 100 B street, East Highland, Ehe says: “T had been juries from and the v Col umbus, Ga. years, and suspected that coffee was hurting me, but could not get my con- sent to quit it. My heart troubled me so that ] was very short of breath and could do tle or nothing that required exertion, 1 had fearful nervous headaches nearly every day, and was exceedingly nmervous with indigestion and badly constipated. The doctor laughed at my idea of heart | trouble, but knew that T was In a serious | ndition generally. Finally I was in- uced to quit coffee and take up Postum This was about four months 1 feel like another person. My heart does trouble me at all and the stomach and nerves are decidedly improved. My 4 does not give me the old trouble it while the bowels are regular, with- out any purgatives or mediciné of any kind ‘I can hardly express my gratification for the relief from suffering brought on by the use of regular coffce, thank Postum enough ™ = received yester- | Hundred Dollars to Be | her and cloth low | was caused by In- | yning down in health for a number of | IMI-ltl and Rules Out [lelone’s Proofs. 1 [ H DRURY MELONE. . + UST the dribblings of scandal are leaking through the mesh of the law invoked to prevent proof being offered in support of Drury | L Melone's allegations contained in his cross-complaint in the action instl- tuted against him by ex-Judge William T. Wallace and Ryland B. Wallace. Pub- lic policy has Intervened and stripped the action of its most Interesting element— the charge made by Melone that his ser- vices on behalf of Wallace in the manipu- lation of State legislation afd some others were reasonably worth more than Wal- lace claims for legal services rendered at the Instance and request of the defendant Judge Seawell during the hearing of the case yesterday held, in accordance with fixed precedents, that the corrupt use of funds to maintain a lobby for the purpose of influencing legislation is against pub- lic policy and none may successfully set up such expenditure of funds in defense when fighting an action Instituted in good faith and on lawful ground for the re- covery of money or property. This ruling eliminated from thé case those items in Melone's bill of particulars referring to services rendered in seeking to force legis- lation to facilitate the collection of the Placerville bonds. Before opposing counsel could wedge in an objection, however, Melone frequently shoved a word or two into the record re- | garding Judge Wallace's connection with the frequent pligrimages to the halls of the Benate and Assembly. James G. Ma- guire, who represents Melone, also took occasion during his opening statement on behalf of the defense to boost “the ugly head of scandal” a little higher and bet- ter into the public gaze. He passed rapid- ly over many items contained in his client’s eross-complaint, but spoke delib- erately and impressively when he reached that charge of $1000 which Melone claims is due him for settling an_account be- | tween Judge Wallace and John F. Mc- | Cauley. “We will try to show,” sald Judge Ma- guire, “that this allegation of the settle- ment by Wallace with McCauley by the payment of $5000 after a transaction in- voiving the changing of hands of $10,000, in which the name of Lloyd Tevis is rominently mentionad, was not, as Mr. lisbury said in his opening statement, | “incorporated in the suit for the purpuse of intimidating Judge Wallace.’! We will try to show that McCauley had become loud and boisterous In his assertions of that claim to the detriment of Wallace, In June of 1882, after & disagreeable and ;Court Decrees That Lobbying Is Against Public Policy TIONS MELONE REGARDING HIS COUNTER CLAIM. sensational parade of this charge by Mc- Cauley, Mr. Melone, through Lioyd Tevis, was called upon to meet Melone, he (Melone) having been in early days a close friend of McCaulev, they having traveled across the plains’together, and s asked by Wallace to settle with Me- ‘auley upon the best terms he could ar- range. Melone undertook the effort. Mc- Cauley demanded $10,00 by way of set- tlement. An arrangement was finally made by which McCauley was to be paid 5000, ttlement was to be made and was made through the agency of Mr. Me- lone and for that service Melone charges $1000 and Wallace agreed to pay him that amount or to allow the same on the settie- ment of the Placerville bond cases. “It w d by Mr, Pilisbury opening ments were the statements of a dis- gruntled or defeated litigant, who was complaining of a court which had decid- ed against him. Such was not the case. McCauley’s complaint was about a matter in which he had succeeded and in which a large fortune had been awarded to him by a decision of the court in the very mat- ter about which McCauley was making these harsh and injurious statements.” Maguire closed his opening statement and Melone was called to the stand. Like Judge Wallace, he was in a _reminiscent mood and counsel experienced some diffi- cult in preventing him from driftin; way from direct answers into collateral natters and once or twice into Judge Wallace's family affairs. After generally ccvering the ground of his association with Judge Wallace in connection with the Placerville bond matters Melone flatly contradicted Judge Wallace's statement to the effect that no written agreement was in existence fixing how the profits would be shared when victory crowned their efforts. Melone said there was a written agreement and asserted that the same was drawn up by Mr. Hastings when he was in partnership with Ryland B. Wallace. Continuing, he said: “Judge Wallace prepared two bills _to be introduced into the Legislature. He and I agreed to go to Sacramento and take Mr. Meyers, who was then a poor man and who held a block of the bonds, with us. Within three days the bill was prepared and introduced. The work was arduous, as there were several intellec- tual glants in_the Legislature at that tima Judge Wallace remalned during the entire session and appeared before the committes to which the bills had been_ referred Judge Maguire's question as to Melone's expenses raised the point of *“public pol- icy,” and here the end came to what was to have been the sensational feature of the case Mr. Campbell, representing Judge Wallace, objected to the question on the ground ‘that it involved the proof of matters void in law, being against pub- lic policy. In rapid succession, in order to save the point for action on appeal. Judge Maguire asked the witness regarding Vgo items in his bill of particulars for ex- wenees of Willlam B. Carr, Willlam T. 1iggins and Colonel Gillis, “for their ip- fivence in securing legislation to facilitate the collection of the Placerville bonds.” L “Answers to these questions would bring | us back to the same lllicit use of money to influence legislators,” said Mr. Camp- bell, “These men who, it is alleged, lived | in Sacramento at Melone's expense in the interest of Judge Wallace are notorious | agents of potent factors in politics. For these reasons we object to the question.’ Judge Maguire attempted to explain | that he was well aware of that rule of law which would prevent him from recov- ering on a claim for such services, but he contended that the rule was different when matters of this kind were set up in defense to a claim against the defendant. | Judge Seawell, however, stood by his orig- | inal ruling and the Legislature end of the case was swept aside. Continuing the witness said that after the defeat of the first bill in the Legi lature of 1881 Judge Wallace wrote ai other bill, but as this dragged Judge Wal- lace prepared a memorial in which Meyers appealed to the sense of justice of the Legislature to come to his aid and force the ‘‘defaulting city of Placerviile’ to meet its obligations. Another pamphlet was prepared warning the public against the dangers of investing in public securi- | ties, and_this paper also found its way | intd the hands of the legislators. | Finally Melone was permitted to an- swer as a preliminary question whether | or not he had paid W. T. Higgins $5000 for his Influence. He answered in the af- firmative, as he did to a similar question | regarding the payment of $000 to Carr. | When asked if these payments were made in the presence of Wallace an objection | was raised and sustained, and on motion of opposing counsel the answers to the | preliminary questions were ordered strick- | en out. Hence the record remained clear | of the Legislature end of the case though an impression doubtless remained on the | minds of the jurors. | The witness, after a recital of Judge | Wallace's efforts to secure needed legis- lation, said that he met Judge Wallace | and he had commiserated with the witness | on his loss of time and money. ‘And | finally,” said Melone, would 'surrender all claim he had to the bonds in my favor and concluded with the asscrtion that even if he did secure the needed legislation it would be use- less, ‘for,” sald Judge Wallace, ‘that in- famous Supreme Court would ‘declare it unconstitutional, just because I was in the case.’ Melone proceeded on this line until he had completed his explanation of how he finally secured a compromise and collected on the bonds. During his examination he frequently indulged in reminiscences, and once he caused a ripple of excitement by exclaiming: *Judge Wallace and I were always friendly until this difficulty. One day he asked me to be his executor, or at least told me that he belleved he would name me as such in his will as a recogni- tion for all the services I had done him. He told me he was going to give all his ‘‘he said that he | | | | | | to his daughter, for his sons were | [ore: indolent and undeserving. His son, Ry- land, was then in Europe, and I asked | him when he would return. He' said didn't know and didn’t care.” When Melone ?roceoded on this line Wallace leaned far out of his chalr to better catch the words of the witness. An expression was on his face that bodes a warm cross-examination for Melone this mornin, when the aged jurist mounts the stand in rebuttal. he LIFE AMONG THE " CONGD RATIES |In His Travels Cherry Dis- | covers Three African ' Peoples. | LONDON, Dec. 4—W. Stamps Cherry, | who left his home in Chicago in the sum- | mer of 159, is now on his way home to | | America. For four years Mr. Cherry has | been living among the Congo natives. He | was their companion, friend and instruc- | tor. Briefly summed up Mr. Cherry while traversing over 20,00 miles in the French Congo and Soudan has accomplished the | following ends: The exploration of the upper Kotto River and surroundin, region (the Kotto is a large tributary o the Mobiagui); the discovery of three Af. | rican peoples, the Breca, Engazia and | Lindas tribes; the discovery of a_species | of elephant much smaller “than hitherto | known, which has no tusks. For a Big Celebration. pecial from Sydney, N. 8. W., says: The arrangements for the celebration of ! the establishment of the new common- | wealth on January 1 include the erection | of a number of triumphal arches along | the route of the procession. Of these, the American and German residents will each | erect one. | Precaution Against Plague. A special from Berlin says: The quar- | antine office at Bremen has orderéd that | on account of the outbreak of plague in | Bouth Africa ships from Cape Colony and | Natal are to be subjected to special ex- | amination. Embassador to St. Petersburg. A Berlin special says: According fo the Nos utscher Allgemeine Zeitung, Count Fri jch Johann von Alvensleben is | about to be appointed German Embassa- | dor at St. Petersburg. JAPANESE ORDERED TO GO FROM WHEATLAND Mass-Meeting of Citizens Decides to Compel an Exodus of the Asiatics. WHBEATLAND, Dec. 4—All Japanese have been ordered to leave Wheatland and vicinity before 4 o'clock to-morrow afternoon. This order was given out at - of citizens to-day. J-sln- ::’n- joyed on the raflroad and on. three ranches along the river. They prob- ably will leave the ranches quietly, but the road company offers on to its i, 5 4 SVENGAL I BEAL L Arrest of Hypnotist Newman Upon the Charge of Atduction. e Special Dispatch to The Call OMAHA, Neb., Dec. 4—Omaha has a genuine Svengall in the city bastile, charged with having wrecked the mind of one of the prettiest girls in Omaha. His name is James K. Newman, spiritualist and hypnotist, and he has been a resident | of Omaha for about a year. He is of Ger- man extraction, a slight, undersized man with long raven locks, plercing black eyes | and prominent nose. He resembles the tage character of Svengall to @ remark- | able degree. At the jail he disclaimed any knowledge of thie disappearance of the young woman. Nine months ago Miss Mary Ellen Broderick, who lived with her parents at 2520 Chicago street, was hypnotized at a spiritual seance, and since then she has been of unsound mind. Thanksgiving morning she attended services at St Jobn's Church. This was the last her family has seen of her. The matter was brought to the atten- tion of the police and to-day James New- man, who i alleged to have exerted the :ne;n.nl influence over the girl, was lodged n_jail Miss Broderick is a comely girl of 23, | Bhe is petite of figure, has brown hair, blue eyes and plump, rosy cheeks which harmonize but little with her fatalistic temperament and proneness to study the occuit. In spite of the warnings of her father Miss Broderick during last winter went as often as two or three times a week to the spiritual seances. At first it was merely as a spectator, but soon the so-called_materalizations began to_have & wonderful fascination for her. James K. Newman slnyad the role of hypnotist, and it is sald that he found the girl so susceptible to his machinations that a passes of the hand and a moment's steady gaze of his black eyes sufficed to bring on unconsclousness. CA ey The ve’gn ‘Was aflehrna .'55 load entered arm below the elbow. LINER_ BREAKS OOWN AT SEA Pilot Boat Reports Parisian Burning Signals of Distress. e — BEVERLEY, Mass, Dec. 4 — Four schooners were driven ashore in a gale to-night and their ultimate fate is uncer- tain. The schooners are the E. and G. Hines of Calals, lumber laden, from Ban- gor to Boston; schooner Victory of Ban- gor, bo\;ng lhqr NBew York; Charles B. ears ol ubec, angor, fe With: lumber, and —sehboner, e ik knoh:m. probably a clolsler, L} e was easily a fifty-| 'g::z Hines s in a bad poslao:noltn: i erg Mmay’ weather the gals. > 11° ° e police and firemen got a i Hines and rescued the crew of t:u.:.to f. HALIFAX, N. 8, Dec. 6.—The Allan line steamship Parisian, due to-day, 15 reporied by a pilot boat to be broken down off Samb) A flerce gale is blowing, At 2 o'clock this morning the P was out of danger in a saf - Side Meagher's bench light. She is Tuin: ing si; for assistance and one out. They will have a:&‘x’fiu’}“u’:‘. nding the lines, as a blinding snowstorm bas set in. A pilot boat reports that when the Parisian was first sighted she was showing sij ufi; of. cfifn?a’&“'fié was steaming very slowly. It is probable the accident to the Parisian, the nature of which is not yet known, oceurred some days ago at sea, as she is five days over- . Admiral Bickford, wh ‘Vancouver to take comrmmdD (‘& ‘!’g‘eni’l to cific squadron, i a passenger. . also :?n board nboutp 150 tl‘r:rot 1&:’%&‘:’:‘& g.\fllg.lh fleet. The Parisian left Novem- T —_— NEW MEMBERS OF THE- COMMONS TAKE THE OATH cated a LONDON, Dec. 4—The House of Com- mons, after a visit to the House of Lords Duke of Manchester Is Adjudi- Bankrupt. to-day, where al approval of gsct.lm of th‘m‘Dflkvl'. Wfl]llmw “"{;, was &rmoded to _swear in tl members e House of Com- only interesti cellor’s -nnounea"n‘cnt o!u:;h:l‘!?‘m‘n" lt.: Certificates showing the Duke of Man: e En | retain Frank Rettegstern, ¢W. I. Riley, and warmer developments still | MCKENTIE CASE IN SUPREME COURT Return of the Lower Tri- bunal Is Presented for Consideration, States That the Action Has Been Regular and That No Writ of Certiorari Should Be Issued. ARy WASHINGTON, Dec. 4.—In the Supreme Court of the United States to-day Attor- rey A. B. Brown submitted the return of | the Circuit Court of Appeals for the Ninth Circuit to the ruling of the Suprgme Court to show why a writ of certiorari should not issue in thé case of Robert Chipps and Alexander McKenzie, the latter receiver for the placer mine known as “Discovery Claim,” on Anvil Creek, in Alaska, ageinst Jafet Lindeberg and others. The reply of the court is to the effect that its-proceedings have been regular and that they are not subject to review by rhe Supreme Ccurt. Other papers in the same case were filed to-day, including what purports to be a | release by Chipps to Lindeberg of all the former’s prorer.y interests. The case is an intricate one and involves the regularity o oyes of the | Alaskan District Court in appointing Mc- Kenzie recelver of the mine and also the | right of the Circuit Ccurt of Appeals to Teview the action of the Alaskan court. | Upon his appointment McKenaie took pos- segsion of the mine in question and also of a large quantity of gold dust (said to be $200,000 worth). Judge Noyes afterward refused to dismiss McKenzie as receiver, ard the sc was appealed to the Circuit Court of Appeals. Judge Morrow of that court not only allowed an appeal but fis- Sued a writ of supersedeas ordering Me- Kenzie to return all the property to the | defendants. The latter refused to sur- | render the gold and is now being proceed- ed against for contempt. The Supreme Court has taken the case cn briefs, and no oral argument will be heard. GENTLEMEN’S SODALITY IN “COMEDY OF ERRORS” Many Friends of the Young Men At- tend the Performance at St. Ignatius College. The members of the Gentlemen's Sodal- ity of St. Ignatius Church presented last night in the main hall of the college be- fore a large audience “The Comedy of BErrors.” The production was very cred- | itably performed and showed deep study on the part of the players. The following was the cast: Solinus, Duke of Ephesus, Richard Blake; Aegeon, a merchant of Syracuse, George Ci nolly. Antipholus of Ephesus, Luke J. Flynn; Antipholus of Syracuse, J. Cunningham: twin brothers unknown to each other. Dromio of Ephesus, Dr. William H. Sieberst; Dromio of Syracuce, Joseph Farrey; twin servants to An- tipholuses. Ludolph, Prefect of Eph O'Donnell; Philo, father of A Adriania, John Mulrennan; brother, Frank Fenton Jauret; Cleon, a merchant, ) Balthazar, a merchant, Oscar Theime; Pinch, physician of the old school, John Flood Luce, an attendant, Ernest d cer ¥ the Guard, Theo. Lyon: uards—Fran ik Joseph O'Brien. W. Wevand, Fred = Martin J. Baliard, ward * Butler, Eugené | Theime, Frank M. Silva, Michael J." Warren, Edward McCarthy. Citizens—Louls Healey, Robert L. Grennan, John J. V Valentine, Joseph Grennan, Morgan O Brien, Joseph A" Musscio, John Dolan. Pages— Willlam Lonergan, Jerry Lonergan. During the evening the following mu- sical programme was rendered under the direction of John Marquardt: / Overture, *‘La Zazza Ladra’” (Rossini): comic opera. selection, yrano de Bergerac’ (Her- bert), incidental vocal music by quart Fu- neral March of the Marlonettes” (Gounod); “Cantantibus Organis'” (G. Capocch); 'Hymn to St. Cecllia,” (Gounnd), for violin solo with organ and harp solo, Blegy'® (Gberthuer). Incidental vocal music was rendered by & quartet consisting of John Desmond, first tenor; Sydney Hoperoft, second tenor; 8. Berger, first bass, and George ‘Woods, second bass. e i TAX COLLECTOR MAY PAY HIS EXTRA CLERKS Civil Service Board Declines to Allow Scott to Retain Those of His Own Selection. Tax Collector Scott went up against the Civil Service Commission yesterday in the matter of certain appointments and he came out second best in the encoun- ter. Scott was permitted by the Supervisors to retain ten clerks out of the forty-five extra ones allowed him to assist in the| collection of taxes, He appeared before the commission and stated that he would eorge_ Miller, F. Foley, James Twohig, H. L. Maguire, H. Larsén, S. H. Brown, P. W. Jones and E. W. Bigelow. The commission, however, took the stand that these ten men were not at the head of the eligible list and they would have to be discharged to make way for those that were. Scott claimed that his selections were the best for practical work, but the com- mission sald it would not allow the city to pay their salaries. The men volun- teered to do work for nothing, but Scott says he may pay them out of his own pocket in order retain their services. —_————— UNKNOWN BARTENDER FATALLY OLUBS A MAN Charles Anderson Dies in the County Hospital and His Assailant Is at Large. Charles Anderson, a Swedish laborer, aged 47 years, dled at the City and County Hospital yesterday morning from injuries recelved on Thanksgiving day at the hands of some unknown person. ‘Anderson was found by Police Patrol- man Peters last Thursday evening on the sidewalk ,at the intersection of Kearny ana Jackfon streets. His face and head fiverely bruised ‘and cut, his nose Deing broken. He was sent In the am- bulance to the city Receiving Hospital, | and later to the City and County Hos- ital. Shortly before his death Anderson informed one of the hospital attendants that he had gone into a saloon on the Barbary Coast and asked for a drink, and that the barkeeper had beaten him | on the head with a club and thrown him out into the street. Anderson did not know the name of his assailant. The case has been placed In the hands of the police. —_——et——— SERVANT GIRL ROBS EMPLOYER OF RINGS Herman Cohn Loses Valuable Jew- elry From His Residence on Scott Street. The detectives are searching for a do- mestic known as “Swedish’’ Maggie, who last week robbed Herman Cohn of the firm of Goldstein & Cohn of rings valued at $1000. The woman was employed in the Cohn household. She is believed to be in hiding in the city. Maggle was en; by the Cohn fam- ily, 1 Scott street, ten days ago. She had been working there but three days when she failed to retvort for duty one morning and shortly afterward Mrs. Cohn found fhat nine valuable rings had dis- appeared. The police were immediately nomd. but as yet have not arrested the servant. ——— Any Dealer Anywhere ly EVANS' ALE and STOUT. Wil SUPRY Fwood & Sherwood. . ———————— To Exact a Deposit. Tax Collector Scott will petition the Su- pervisors to pasé an ordinance requiring intending bidders for lands to be sold for delinquent taxes to put up a deposit suf- ficient to cover the expenses of such sale. Scott believes the ordinance will prevent many of the tax-sale sharks acquir- ing a llen on property without making . furnish no remedy in sucl d.Apo-u to guarantee the city against Tosk. At t Scott has 281 pleces of t may be sold. “Mira Valle,”” P. Klein, Sauterne type, claret. Grand Vin. Depot 612 Geary street. . RISKS ASSUMED BY TEMPORARY EMPLOYES Copyright, 1900, by Seymour Eaton. LAW LESSONS: EMPLOYERS AND EMPLOYES. aafset T el i VIIL Not infrequently an employe is asked to undertake a plece of work that is outside his regular employment and involving more risk. Sometimes he has been in- Jjured while thus employed and has sought to recover something. in the way of dam- ages from his employer. Can he get any- thing if he appeals to the law? Usually He Assumes the Risk. It is said in such cases, if he under. takes the new employment knowing that it is more risky, even though he is to re- celve no larger compensation, he assumes | the risk. This question has been fully considered by the Supreme Court of Mas. sachusetts in a case against the Boston and Albany Rafiroad. The person injured was alding ag fireman on an engine, and knew that he was not required to do so | | by his original contract with the com- | pany. He was asked to serve in this way and he complied rather than run the risk | In so | of losing his position as a laborer. doing the court sald he assumed the nec- essary risk. He did this, continued the court, “rather than lose the position which he held and which he desired to retain,” and by so doing added this duty to the one he first agreed to perform. Morally ployment the risk of which he does not wish to encounter, by threatening other- wise to deprive him of an employment he can readily and safely perform may sometimes be harsh; but when one has assumed an employment, if an additional and more dangerous duty is added to his original labor, he may accept or refuse it If he should refuse, and as a conse- quence be discharged, he can sue his em- ployer for breaking his original contract with him. This is the remedy that the law provides for him. But as his term of service usually is very shorg, and his em- ployer can discharge when it is for his interest to do so, this remedy is not worth much. He has in truth In many cases no alternative but to perform the new service. The court, in the case above mentioned, says that if the laborer has no contract for a specific eriod and “knowingly, aithough unwill- ngly, accepts the additional and more dangerous employment, he accepts its in- cidental risks, and cannot recover for an injury which occurs only from his own inexperience. The employer is not neces- sarily unjust because he wishes in his employ a servant who can from time to time relieve a skillful workman while his ordinary duties will be those of & mere laborer.” The Rule in Wisconsin. In Wisconsin the rule is somewhat qual- ified. The Supreme Court of that State holds that when an employe of mature years and of crdinary intelligence and ex- perience is directed to do_temporary work and consents to do it without objection, he assumes the risk. This rule was ap- plied in the following case: The foreman of a gang of men who were bullding bridges for a railroad directed them to take an engine and do some switching. They readily obeyed, but while one of them was trying to couple a car he was injured. He tried to recover for the in- Jury, but failed to get anything. In a case that happened in a sawmill in Michigan the injured employe claimed that -he had not been employed to do the work in which he was engaged at time he was injured: that he had no e: perience in doing it and lacked the sk and strength required to do it; that he did not know of the danger and was n’uz | e claimed that his employer did know of the danger and was negligent in not teli- ing him. The evidence, however, did not sustain his claim. He had been employed around the mill several years and had warned against it. Furthermore, been “put on all kinds of machinery to The machine whereby he was in- Jjured was a good one and in good order run.”” and was not dangerous to use. Indeed, the evidence showed that it was one of the simplest of the employer's machines and was not infrequently operated with- out difficulty by unskilled workmen ~and sometimes by beginners.” failed for severdl reasons to prove his | case, one of the most important of which | was that his risk was not increased from running the machine by which he was in- jured. When Employers Have Been Held Liable. There are cases, though, in which an em- loyer has been held liable for putting gu employes to other tasks than thoss | first undertaken—cases in which the dan- ger was greater and not known or under- stood by the employe. Ome of these cases was Lalors against the Chicago and Bur- lington Railroad, which was tried in Illin- ois. The injured employe was employed around the freighthouse of tle company as a_common laborer to load and unload freight and for no othor purpose. While thus engaged he was ordered by a fore- man of the company o couple cars. He was totally ignorant of this business an1 the foreman knew it. Having been killed while thus engaged throi the negil- gence of the engineer of the train with which he was acting his widow sued the company. The court remarked that in agreeing to work for the company he might be presumed to have known the perils usually and necessarily incident to the services. But he engaged to per- form work onls ordinarily hazardous. On the other hand, he was compeiled to do other work that was extra hazardous, by which he lost his life. The superintendent knew at the time he sei him at coupling cars that he was unskilled in the work and the company In law was present by and through this officer “It was, then, by the direct command of the company the deceased was exposed fo this peril and one out of the line of the business he had contracted to perform. He was killed by the regligence of the driver in charge o{the locomotive while thus ex; . The law would be lamentably deficlent did it ase.” The Wrong Consists in Not Telling Him of His Greater Danger. The company was held liable in this | ease because it set one of its servants at a | different employment, without ment, that was more hazardous, without telling him and of which he had no proper knowledge. The essence of its wrong was not so mueh in changing his empioy- ment as in increasing the risk without in- forming him. he had known how to couple cars as well as he knew how to handle freight a different question would have been presented. Thus Judge Jenkins in a Federal case remarks: “The master may not lawfully expose his servant to greater risks than those gen.alnl to the particular service for which he has en- gaged and agalnst which the servant, through want of skill or by reason of ten- der age or Xh{-lca.l inabl lti, could not presumably defend himself if unapprised of the danger. He is bound to warn the servant of the danger, if it be not ob- vious, and to instruct him how it may be avoided.” The court then proceeds to add that if the servant be of mature years and have ordinary knowledge and experience he is presumed to understand all obvious dangers. In such a case, therefore, his master is'not liable to him if he does “dangerous work without the scope of his engagement for service mere- ly because he has n by the master to perform such work.” The Rule Applied to a \In the case in which this principle was applied the injured employe was employ- to coerce a servant to an em- him in most cases the | He therefors the one as by the other. The court de- cided that the employe while thus tem- porarily _employed in breaking out the stone understood the risk he was incur- ring, and therefore his employer was not llable for the accident. A Michigan Case. An interesting case has been tried in Michigan. Some employes made heaters and gas machines, and in their factory | was a carpenter’s shop, containing among | other things two small circular saws. The njured employe was only a general la- | borer. He was, however, instructed in the use of the saws by one of the car- nters, and was informed of the danger | In using them. He was set to work oc- casionally at the saws, but always pro- | tested, “the grounds of his protest being ometimes that he was not employed for that work, and at other times that he | was afrafd of the saw.” Finally he was i injured when using oue of the saws and sued his employer. The Supreme Court in dealing with his ciaim said he was thoroug fnstructed by the employer's agent in the of the saw; that “what- ever danger there was was apparent; that he had full and complete knowledge of afl the risks; tbat he was strong in body and mind and in full possession of all his facuities, and that he had frequently done this work for a year and was familiar with it. He knew that he was liable to be called upon to do it. Even if it were | without the scope of his employment, he could not by nis protest cast all the risk of accident upon his employer. An em- ploye under such circumstances has his choice either to leave the employment or to remain and assume all the risks fnei- dent to the work he knows that he is eX- pected to do.” Lack of Authority Thus to Employ a Man Is No Defense. Another case has arisen in Michigan in which an ingerious defense s made worthy of notice. A man was employed | as & common Inborer by & rallroed com= pany, and afterward was required to act | as a’brakeman without any increase of pay. Having been injured, he sued the company, which tried to shield itself be- hind the defense that the superintendent who thus changed the employe's work had no to do so, and conse- quently need not have ed him. By doing otherwise and obe him it was contended that he way acting In a voluntary manner v erefore, negligent in thus actl t author- ity. and so, « against the compa The court remark- ed that generally It was no excuse to an employer that an injury was caused by disobedience of his orders. ‘“He assumes the risk of such disobedience when he puts the servant into his business.” In other words, if an employer instructs his to hire only highly competent men a plece ¢ incompetent ones, ployes are in no elaim work and he employs defend h supposed 1 was empl and proper | agent. I am very sorry, but I pught not | to be held liable; he alone is to blame.” | The law in iters makes the agent r's act, and he is | as much responsible selection of | incompetent employes as though he had | selected them himself. Effect of an Agreement to Obey All Orders. This defense was attempted in a case tried in Rhode Island. A fireman who was fire was asked by the him in throwing on a i a pump which was used to fill the boiler. Fhe Hreman complied, but was injured while thus acting. The | court decided that he had a good claim | against the company; for in attempting to assist the engineer he was acting outside of his regular duty and subjecting himself to a_new risk, and especially one with which he was not acquainted. Further- more, the company was not permitted to shield itself behind the engineer’s lack of authority to give such an order to the fireman. He “must be looked upon,’ said the court, “as representing his em-~ ployer."” Suppose an employe signs an agreement to obey all orders, rules and regulations, and enters the service of a railroad com- pany as a brakeman, for example, has the company a right in such a case to put him ,at some other employment temporarily? The Supreme Court of Michigan has answered this question, holding that the contract means all orders, etc., issued to persons in the same class of employment, and does not justify the company in transferring an employe from one class to another. 1If, therefore, he ls assigned to some other work which he has never agreed to do, and injured while perform- ing it, he has a claim against his com- pany. Unknown Risk. The cases all clearly follow the rule that if one is employed for a specific kind of work and is temporarily set at another task involving greater risks that are un- known or not understood the employer is liable for the consequences. ‘ases of this kind, t0o, often occur among minors, and one such has come before the Su- preme Court of the United States. A boy was employed in_a machine shofi as a helper under the direction of C. is du- ties were chiefly in receiving and putting away moldings as they came from the machine. One day C ordered him to as- cend a ladder at great height among dan- hile serl)u! machinery and adjust a beit. oing so his arm was torn from his body. The court decided that the order was not a reasonable one and the owners of the shop were held liable. ALBERT S. BOLLES. University of Pennsylvania. -—e HOME STUDY CIRCLE QUERIES. 101. What famous author was known as “the wit who never wounded, the poet Tiho ever charmed, the friend Who never e 102. Whom did Lowell apostrophize as New birth of our new soil, the first Ameri~ can? 4 103. Of whom did Daniel Webster sa: “He conducted thre electric spark of lib= erty from the new world to the old"? 104. To whom did Queen Anne refer as “the noblest knight who ever won his | spurs in the fleld of science™"? 6. Of what grest Eing dia Bolingbroke says: “He was the best actor of majest; that ever filled a throne? T 106. To what author did Tennyson thus allude: Victor in drama, victor in romance, Cloud-weaver of phantasmal hopes and French of the French and lord of human tears 107. Whom did Pope call “the wisest, brightest, meanest of mankind”? 108. To what American traveler -aid' ‘Whittler thus refer: And one whose Arab face was tanned By tropic sun and boreal frost. scarce a land Or people left him to exhaust? 100. To what great navigator did Camp bell refer in "fl:e Pleasures of Hope'™: Leunched with 's pilot from the T wamode et e Boraad the Sp? 110. What King was the subject of the following mock epitaph: Here lies our mutton-eating Whose word no man relies King, on; aid a wise one 111. Of whom did Goldsmith say: He cast off his friends as a huntsman knew when he pleas'd he For be them whistle 112. Of whom did Richard Steele say: To love her was a liberal education? Answers. in a qu to prepare stone for 4 fog. o nad been doing such work for | 8. Martin Luther. 5. John Howard more than two years and understood how [ Payne. 85, Benediet Arnold. . mis- to “channel” stone and turn over cuts of | tocles. %. Robert E4 Lee. 5L Tycho stone after channeling. He also w | Brahe. 92 Dumas 93 Burke. 9% John that there were often seams in the rock | Wycliffe's. 9. Andrew Jackson. 9. FHo- which weakened it and rendered it liable | mer. 9. “The Prirce of India.” by Lew to break when men were at work. The | Wallace. . Guido Petrl. 9. Angelica foreman of the quarry em- | Kauffman. 100. Nelson ploye to leave ‘work, which was , &n out a cut of stone by using gen Nok Dr. G. W. 0’Donnell Convicted. nm:ceedlnfi> the foreman told him to Dr. G. W. O'Donnell was convicted by below and clear the way for using t{: & jury yesterday in the United States steam arill. While he was doing as he | District Court of haying violated the was bidden the foreman contin to use | postal laws by sending illicit druge the wedges to break out the stone, and | through the mails to the address of Mra. while he was d this a of seamy | Ida Anderson, Winnemucca, Nev. He was "lsh?:‘ split off m“::jd > .'th:. &m&loys ad::led to a) r !?r sentence ‘:o-nonn} seAm was lone- | mos e convi man - son dultudmud-n‘ufl;_egnmnoh m.c'?.o'm-—l.