The San Francisco Call. Newspaper, December 19, 1900, Page 9

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

T HE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 19, 1900. TRIES TO END HER LIFE IN WATERS OF THE BAY The Demented Wife Seeks Surcease of a Demented Man From Sorrow. + s | CE) DELL, WHO ATTEMPTED TO COMMIT SUICIDE | | AKLAND FERRY STEAMER PIEDMONT ON THE 3:3 STERDAY. MRS. DELL HAD A NARROW ESCAPE. + | MUSCLE AND NOT FAT. n People Need to Round Off What the Corners. and properly propor- 4 have a certain ut to be plump clogs and retard: feres and lungs isposes 1060 to say resulting from ssue. d suggest that if on: and plump d be flesh forming minous foods like eggs make ta e e ge: m: of some ptly and proper! ly digest they engthen thin, ots cure every common-sense * the fo0a ; nerve kened rest and recover its fu 5 v‘—.’ is required except can- make thin, dys- t 5e Combination Writing Desk and Music Cabinet. M finish . handsome inlald work on fr v be & r to any COMPLETE HOUSEFURNISHING A SPECIALTY. Special Prices for the Hol RET 8-342 Post Street. Open Evenings “Ko=Nut” A Pure Sterilized Cocoa- nut Fat. Guaranteed free from animal matter. For Shortening and Frying Superseding Butter,Lard and Compounds. Ask your grocer or write India Refining Co,, Philadelphia. PAINLESS EXTRACTION S B [ it rl'kc a glove. DR. . L. WALSH | furnish £15% GEARY STREET Between Hyde and Larkin Telephone Poik 36 need is flesh or muscle, | | are accused of having hired a wagon on absent ered way when the woman made her wild | plunge, and it was due to Captain Jones’ v vas able to change the 'Ph'dmont in order to save | s MNfe, t Rescue came along just the Pledmont was reversing her en- s. Some of the deckhands on the made a grab at the woman, but ed to catch her. The back wash from vessel neariy drowned her, how- | ever, and she was more dead t alive when pulled out of the water by the lif, saving crew of the Piedmc | written by Dr. McCone - Mrs. C. L. Dell The letter was addressed to “The Belle- talk about the II's mind was un- t she should be locked He referred all who 1 to L. M. Hoefler, the spoken to said Mrs e phone Mr. had be n sick for was for- d Pacific, of the Soutn- strike of years ago he wei ce been confined in been cared for by from appearances, 1 d. Everythin f the neatest an of clothing leaving the Everything she n she took along rm clock was still ) She had not a her purse when picked up, but a hearted passenger gave Captain to provide for the is suffering from order,” said Dr. Starr ing,” “and should be From her condition I do that she jumped overboard. state of mind are likely I suppose the sight some yes- re- not of the water and the movement of the ship caused her to jump into the bay.” Mrs. Dell is as silent as a sphinx. As to how. she feels whether she wants she will answer readily, but comes to asking anything about personal affairs she will not @it il el el BOYS ARRESTED FOR BURGLARY The Terrors of North Beach and Bernal Heights in Prison. | | Four incorrigible boys were arrested at | an early hour yesterday morning in a va- | cant house on Pacific street by Policemen stchins and Haggett and booked at the City Fison on a charge of burglary. They the morning of December 11, driven to the house of J. M. Pimental, 1531 Lombard treet, while the family was temporarily and having stolen there a dozen lock, dirk knife, revolver < ey paid $150 for the y were identified selling several of ite shirts, a ¢ | whi les. senio Dalta, 18 years of Spano, 12 v for burglary and robbery n different times to Ald Society. The time they were in trouble was for | bing a Chinese woman in_Chinatown. appeared before Judge Fritz yester- y and the case was continued t{l to-| ¥. In the meantime the District Attor- | wiil decide what to do with them. warrant was also secured yesterday | from Judge Mogan for the arrest of three | boy burglars who have been terrorizing | nts on Bernal Heights. The complaining witness is Henry Reiben, a | barber at 400 Cortland avenue. The boys are James Gannon, Charles Fisher and Ralph Becker. Gannon and Fisher have been arrested by Policeman Josephs and are locked up in the “tanks.” They broke into Reuben's barber shop on December 7 and cieaned out the place, not even leav- ing the stove. Reuben also secured a search warrant to recover the stove, which he alleged was in Gannon's father's house, Policeman Josephs says that the boys broke into the schoolhouse on the | heights and stole all the slates, books and everything else they could carry away, in- cluding the school flag. Their parents, Jo- sephs says, have ‘lost all control over them. e Some Specialties for Christmas. The most elaborate assortment of ladies’ purses that have been shown in the city are those on exhibition at Cooper’s, 7i6 Market street. Nothing is more appro- riate for Christmas, and the lines em- race some of the very latest patterns in the newest leathers and gorgeous mat- Chinese Tourists. Customs Collector Stratton received yesterday an order from the Secretary of the Treasury to the effect that all Chi- nese seeki admission into the United States at port and elsewhere must | fourth interest in a railroad and lumber | company in Shasta County, timber lands, | without bonds. P | que: { niece, | ENDS HIS TROUBLES | pany, 717 Market street, near Third. —_————— GIVES A FORTUNE 16 HIS DAUGHTER Capitalist Brown Makes No Specific Bequest to His Widow. —_— Provides in Will That She Is to Receive Monthly Allowance From His Sole Devisee. el The will of Willlam E. Brown, who died on the 1ith inst. leaving an estate val- ued at $350,000, was uled for probate yes- terday. The estate consists of shares in the Crocker-Woolworth Bank, a one- a ranch in Glenn County, a ranch in Tu- lare County, lots in Alameda and stock in various mining companies. Decedent bequeaths his entire estate to hi only daughter, Delia J. F. Brown, hie names as executrix to serve Decedent's widow, Delia N. Brown, who now resides at Pine- rolo, Italy, is given no specific bequest, and the deceased fails to mention whether or not she is entitled to_any community interest in the estate. The testator re- sests his daughtef to send her monthly remittane however. The deceased requests his daughter to keep up payments to charities as was his bhabit in life, and the will provides that in event an accident should cause his and his daughter’'s death at the same time, then his estate should be devised to various charities and collateral heirs. Those to whom the estate would have been distributed in event of.the death of the father and daughter at the same time are: The Young Men's Christian Associa- tion; the children of decedent’s brother. Samuel C. Brown; the children of his Carrie MY Clark; the children of his niece, Laura Brown, and the children of_his niece, Nettie L. Tuttle. The testator finally requests his daughter to select such of his books from his library as she wishes to keep in her home and to give the rest to the Bo- hemian C om WITH EKNIFE AND IN WATER Body of an Unknown Man Is Found in the Bay at the Foot of Tay- lor Street. The body of an unknown man with the throat cut was found early yesterday morning lying in the surf at the junction Taylor and Beach streets by John Pas- quolet! and H. Hoffman. The man's c was found floating in the water ose_at hand. The body was taken to Morgue and searched, but nothing iscovered that would tend to iden- . He was about 35 years old, 5 feet ches tall, light complexion, light blue , small reddish mustache and brown REGINA LEE’S LIFE IN CHINESE QUARTER ENDED Judge Coffey Orders Tiny Miss Away From Home of Her M ongolian Father. The clot! 1n§ was a dark cheviot | white shirt, laced shoes and gray he pockets were a shav- | azor strop, a small hone for es, a stamp pouch containing two opium capsules softened by the action ot | the salt water, a white cotton handker- | chief, a red bandana and a strip of white | cotton torn from the lower part of a | shirt. The body had not been in the water more than ten or twelve hours. | iief of Police Sullivan detailed De- | tective T. Gibson to investigate the case and ascertain the identity of the | dead man. When the tide went out the detective found partly buried in the sand riear the point where the body had laid & butcherknife and a whetstone. The blade of the knife was as sharp as that of a razor, and it was no doubt the wea- | pon with which the unfortunate man had killed himself. —_————— Police Court Notes. Jessen, grocer, Sutter and Lark'n secured a’ warrant from Judge vesterday for the arrest of Rieckenberg, an ex-soldier, on the charge of forgery. June 2 last Jessen cashed for Rieckenberg a check for $20 which purported to be signed by C. H. Robinson. When the check was presented at the Crocker-Woolworth Bank it was marked “no account.” Rleckenberfi is in a hospital in Oakland. He swindled a number of people there and it was df.- covered that a wound in his head recetved at the battle of Wounded Knee with the Indians had depressed his skull and ac- cording to the doctors had made him irre- sponsible. Jessen wants to test the ac- curacy of the doctors’ diagnosis in court. Ralph Bralzee returned a few days ago from a ranch in Oregon where he had been working and gave his cousin, Ella Howell, 311 Jessle street, $120 to keep for him on Sunday while they went out to the Clifft House, as he was afrald it might be stolen from him. Bhe stole away from him at the Cliff House and when he saw her next day she pretended that she had lost him in the crowd. He asked her for the $120 and she sald she had been drugged and robbed of the money. He did not be- lleve her and yesterday secured a war- rant from Judge Cabaniss for her arrest on the charge of felony embezzlement. ‘W. C. Haley, the gypsy who was caught stealing turkeys from the barn of Fred Frerichs, grocer, 1600 Folsom street, early Bunday morning, was convicted of petty larceny by Judge Cabaniss yesterday. He was sentenced to five months In the County Jail. John Hudson, who stole nut-crackers and a hlcgle wrench from the lodging- house of Mre. Tillle A. Irwin, 928 Ed y street, and was booked on_a charge of burglary, appeared before Judge Conlaa yesterday. The Judge reduced the charge to petty larceny and sentenced Hudson to six months in the County Jail. ————— Have a Look at Them. The most beautiful ladies’ shoes ever made will be sold to-morrow for $185 a air. Only a few words about this shoe. ade of vici kid, hand turned, stylish, coin toe, worth 33 50; sold for $1 5 at the shoe trust sale of the Bee Hive Shoe Com- . Niels Court Notes. Amella Wetson has sued Andrew N. Wetson for a divorce, alleging desertion as cause of action. A contest to the wili of the late Jennfe Ney la Roche, who died August 1 last, leaving an estate vaiued at $15,000, which she bequeathed to her housekeeper, Johanna Kelley, and other friends, was filed yesterday by James Hislop, who al- leges that he Is a cousin of the deceased and her nearest .of kin. He says he is the son of Elizabeth B. Hislop, a sister of decedent’s mother. Unsound mind is named as cause of action. Judge Daingerfield gained seven votes yesterday in_his contest to the election of Thomas F. Graham to the Superior bench. This makes a gain of twenty-nine votes for Judge Daingerficld since the re- count began. No evidences of fraud have as yet been discovered, Judge Dainger- fieid’s gain being due to votes thrown out through errors committed by voters. Realty Is Sold at Auction. Easton, Eldridge & Co. auctioned real estate yesterday. Bids were recelved for various properties as follows: north line of California street, 200 feet west from Gough street. 25x137:6, $7400; cast line of Baker street, 15 feet north from Post, 25x100, with cottage of four rooms, $2200; east line of Scott, 30 feet south from Fell, 27:6x87:6, with of five and seven rooms and bath, $5600; south line of Branran st., 131:6 east from Third street, 37,6x137:6, with four small flats, , morth line of Clementina street, 12 feet east from Second 3 with 4 flats, $3000; north line of Vallejo, 110 feet west from Baker, 25x137:6, ; east line of Lexington avenue, 107:6 north from Twenty-first street, 25x%0, with six- room house, 5 — et To Aid State University. ‘There will be a meeting Friday evening in the maple room of the Palace Hotel to devise ways and means for supporting the State University. The feeling amo: Mmany of the university's friends is that there is need of some legislative action four coples of certificates for each ‘makis Bureau mfi-'fifltu Srder wiil | made put mmt:ounfl:u the office to consid- l *E Lot on| REGINA LEE, THE LITTLE CHILD AWAY FROM HER HOME IN HUSBAND OF HER MOTHER. | | | —————————————————————————————: | other does this for him, 1f he acts through WHO HAS BEEN ORDERED TAKEN CHINATOWN, AND THE CHINESE ‘ ITTLE REGINA LEE, as her Cau- caslan mother, Hettle Lee, calls her; ‘Ah Tui, as Lee Ning Yoeng, the Chinese who says he is her father, is pleased to refer to her, will be taken from her home in the heart of the Mongolian quarter. at the conclusion of the hearing of the petition of Secretary Kane of the Society for the Suppression of Vice for letters of guardianship upon the person of the little miss, decided that longer life at the home | of her birth would be fatal to the child’s | moral welfare. A guardian more suitable to the parents than Secretary Kane will be appointed, however, and then Regina Lee will be to learn the ways of the Christian .world and to forget her up among the dens and odors of China- terday town. When the case was _called {es Mrs. Minnle Brown, Honora L. Banks and Donaldina Cameron were called to the stand and all testified that the child was not properly cared for; that she was allowed to parade the streets after night- fall and to frequent places where Chi- nese may buy _liguor. however, was all to the effect that thg mother was orderly and industrious and that the father was an industrious Chris- tianized Chinese employed by Mrs. Geor- giana Hyman at a salary sufficient to secure comfort for his wife and daughter. Their respectability did not remove the ban of the child’s environment, however, and the court has decided that she must be taken away. MECHANICS’ INSTITUTE WILL SOON AFFILIATE WITH MANY SOCIETIES The trustees of the Mechanics’ Institute at the semi-monthly meeting held last evening took the first step in the much desired affiliation of the organization with the many independent scientific societies in this eity. By a Jnanimous vote tt offer of the Pacific Philatelic Soclety to donate its valuable: coilection to the li- brary was accepted, the condition that the twenty-five members of the society be accepted as members of the library also being granted. Librarian Te’gart thus sees the ulti- mate success of a plan he has long cher- ished, and similar steps will soon be taken by the library to secure the affiliation of the Medical, Geographical, Technical and other societies. Vice President Kendrick and Trustees Beanston, Brunt, Healy, Mc- Laren, Neal, Taussig, Wallis, Wilson an1 Cosgrave all spoke In favor of the affilia- tion, which will increase the membership of the library and at the same timg add to _the collection of volumes. Trustee Healy caused a slight stir in the harmony of the meeting by introduc- ing a resolution that the trusteeship of Touis Risdon Mead be declared invalid, on the ground that when elected last February, Mead was not a resident of this city, as required by the constitution. For several months there has_existed considerable feeling between Trustees Healy and Mead as to the election of Li brarian Teggart. The trustees last even- ing did not feel like ousting Mr. Mead. and the matter was inally sent to the finance committee and the vice president to_adjudicate. Sécretary Cumming submitted his quar- terly report ending November 30, which ed receipts as follows: Library, ;‘2(50'9; Pavilion, $315730; Folsom-street grounds, 3845 72; fotal, $12.123 62, with cash on hand at the beginning of the quarter, Judge Coftey | life | The testimony, | e Little Reflna was called to the bench | by Judge Coffey and in answer to the | question_of the jurist pointed at the Chi- | | nese occupying ~_the witness stand and said en English: “Regina, my name. He my father.’ Judge Coffey ex- amined the features of the child minutely and gave his decision. | “The legal presumption that this Chi- nese is the father of this child controls the court,” sald Judge Comey. ‘‘He her father under tke law, and notwith- standing the prejudice against his race | he is not incompetent to be her guardian | and protector. He is industrious and is commended by his employer and is doubt- | |less truthful, but I do not believe that he | | is the father of this child. Her mother | | is living In a locality—Waverly place—so notorious that {ts name was changed by | law that the people might forget its ex- | istence, but it has only been changed | from a white to a_Chinese place of vice. | “I have no doubt but that this child | would step from bali to worse if per- mitted fo live longer In Waverly place. She is in danger of being destroyed as a citizen, which gives this court jurisdiction to act in the premizes. I do not want to take her away from her parents, but from her environment. Hence next Friday I will appoint a guardian to care for her :t a place where her parents can visit er."” In the interim the child will remain in the custody of her parents, in the home where as witnesses stated the Chinese came to YE! and caress her and where the | court said moral ruin was working its way. | s A | 1 $39953. Expenses—Library, 8385 08; Pavil- ion, ° $2522 93: Foisom-street grounds. $150 34:" total, 312,55 3. Deficit, 3905 2. Librarian Teggart's quarterly report | showed that during the three months end- | iIng November 30, 182 new members had | joined: 219 new books and periodicals had been received: 30,024 volumes had been is- sued for home use, and 3776 members were in good standing. Owing to the practice of members filing written requests for new bool before the volumes had been received at the li- brary and in order to avoid friction, the | | trustees decided that in future no writ- ten request for a book would be received | until the book required had been in the | Ibrary for sixty days. | A new design was adopted for use -as | a bookleaf label and the trustees also in- dorsed two resolutions received from the California Club—one asking the next Leg- islature to take steps for the protection of the meadowlark, another asking tha Federal Government to foster a payiag forest industry simllar to the one in vogue In Germany. e offer of two printing houses to print the monthly catalogue gratis, on condition that they be allowed to secure advertising In the same, was sent to the printing committee for consideration. The board also favored the report of the li- brarian as to the formation of an absent rhembership list and the extension of a country membership, Wells-Fargo Com- pany promising low rates on all ship- ments of books. e VALLEJO, Dec. 18.—Dr Hogan, assisted by Dr.. Wentworth, U. §. N., on December 3 grefted forty inches of skin upon the arm of Robert Dunham. To-day the patlent has the full use of his arm, wrist and fingers, and befcre long he will have fully recovered. The =kin was taken from Thomas Roy, a lad of 15, The cneration consuming three hours. | “One of the 2. NEW ENGLAND FAIRY TALES By Churles Battell Loomis that have recently come to our notice,”—The Churchman. “Young and dateness of this tury doings.”—Boston Globe. With thirty-nine iflustrations by F. Y. Cory. ankee ; Cnchantments best, if not 7he best of the books for boys old will be vastly entertained by the up-to- practical serio-comic recital of 20th cen- Cloth, 12mo. $1.25. 1s | ‘ytterly 2] INSTRUCTIONS TO EMPLOYES-—MINORS. Copyright, 1800, b y Seymour Eaton. " LAW LESSONS: EMPLOYERS AND EMPLOYES. s X. The courts, as we have learned, started | out boldly with the rule that employers must select suitable ewmployes, appliances, places for working, and also give all proper instructions. Moreover, this was a positive thing they must do. If an em- ployer, however, did not attend to this primary duty himself, but asked another to do it for him, he was, nevertheless, held just as strictly as though he had done the act, or omitted to do it, himself. He could not shield himself by saying that he had appointed another whom he | supposed was competent to do this for him, and who had proved unfaithful. One of the most frequently quoted utterances on this subject is that of the Court of Appeals of New Yors given in Flike's case. “The true rule, I apprehend,” sald Mr. Chief Justice Church, “is to hold the corporation liable for negligence or want of proper care in respect to such acts and duties as it is required to perform and discharge as master or principal, without regard to the rank or title of the agent intrusted with their performance. As 10 | such acts the agent occupies the place of the corporation, and the latter should be deemed present and consequently llable for the manner in which they are per- formed. If an agent employs unfit ser- vants his fault is that of the corporation, use it occurred in the performance of the principal’s duty, although only an agent himseif. So in'providing machinery or materials, and in the general arrange- ment and management of the business, he is in the discharge of the duty pertaining to the principal.” Who Is Liable for Changing Time Tables? There is an important distinction or lim- itation to this rule that ought to be men- tioned here. It is the duty of a raliread to make a general time table with respect to the running of its trains. If it does | this through the agency of another his act is nevertheless the company’s, and if there should be any mistake or neglignce in doing this it would be that of the company. But suppose there should be a special order for the running of a train, as often happens—what then? This was Flike's case, and he was injured in conse- quence of it. His counsel contended that the act of arranging and promulgating a | general time table by 4 railroad was the duty and act of the company, and that | when there is a variation from the gen- eral time table for a special occasion, as there was in this case, it is as much tha duty and act of the master as the making of the original one. Furthermore, if an- an agent, he must be responsible for that agent as though he did this himseif. The court in answering this argument declared that no one doubted the com- | pany’s right to vary its time table. It was at times necessary to do this, and the | necessity was so frequent as to fall within | the occurrences a railway servant is hound to expect in the course of his em- ployment. “It is not true,” says Mr. Chief | Justice Folger, “‘that, on an occasion like | this, it is the duty of the master, or a part of Lis contract, 1o tee to it, as with a per- | sonal right, that notice of u temporary | and social interference with the general | time table comes to the intelligent appre- hension of all thosc whom it is to govern in ihe running of approaching trains. Itis impracticable so to do, and a brakeman or a foreman on a train knows that it Is, as well as any person conected with the tusiress. He knows that trains will often and unexpectedly require to be storped and started by telegraphic orders from distant points, and that such orders must, from the nature of the case, be | given througk servants skilled in receiving | and transmifting them. 1f there is due care and diligence in choosing competent persons for that duty, a negligence by them in the performance of it Is a risk of the employment that the coemploye takes when he enters the service.” The | court, therefore, drew a distinction be tween an employer's duty and responsibil- | ity in making and promulgannf a general time table and a special one. In the case of a general cne this must be regarded as the act of the master, and if he appoints an agent to do the work for him he s | holden for the consequences the same as though he had done the work himself. In other words, this is a personal act of the | employer, and he cannot stamp it with a different ‘character by asking some one else to do the work for him; in law it is still his own, But the changing of a time table is| a different thing. is can be done by an- other and the employer is not held respon- sible for his act. So he was not heid in the case above mentioned. The question then arises, When can he act through another in making changes without sub- jecting himself? Very rarely are railroad time tables wholly changed; the changes are not frequent and perhaps a court would hold that ir all such the changes are to be regarded as the acts of its ser- vants and not its own. At all events, the court has drawn such a fine distinction that it will be difficult, we imagine, to determine in many s whether the change is to be regarded as the personal act of the emgloyer for which he is re- sponsitle, or that of his agent for which he is not. Possibly, the court might say that even a singie general change was that of the employer, while all special or temporary changes were to be regarded as those of its agents. Duty of Employes When Rules Exist. Employes In many cases know the regu- lations exist, and when they do it is their duty to find out what they are. This is especlally true of railroads. Thus a rail- road company had a printed rule requiring each conductor before moving his train to inform himself of its condition. The con- ductor failed to do so, and was injured by a defective e, which he would. have discovered had he used ordinary care in his inspection. He failed to recover. Disobedience of Orders. If an employe has disobeyed a positive order or rule he should be discharged, and not to do this is negligence. Thus a com- any was notified that Its engineers gave the control of its engines to firemen in di- rect violation of its orders. Clearly the company should have discharged them af- ter recelving such a notice. Minors. Another class of employes must now be noticed—minors. The law seeks to impose a graver duty on employers with respect to making regulations and informing them of dangers. This is because of their inex- rience. pewe have seen that it is the duty of an employer to make known any defects con- cerning appliances, or place of working, that are-not likely to be seen by a work- man of ordinary observation, and if he fails to do this he is liable. In other words, it is an employer's duty to put his em- pioye on the same plane as himself with Tespect to his knowledge of an appliance he Is to use. Minors are presumed to know less than adults, and therefore the duty of employ- ers to give them more rules and instruc- tions is greater. The duty to instruct a child varies with his age and capacity. Said Mr. Justice Hunt, of the Supreme Court of the United States: *““The conduct of an infant of tender years is not to be judged by the same rule which governs that, of an adult. The care and caution required of a chiid is accordi: to his maturity and capacity only, and is to be determined in each case by the circumstances of that case.” Fagg vs. A very good statement of the law has beltn n:ule the Supreme Court o‘{"p;nn_ lvania: * rsons without - are emphy’m p:) work with dangerous machines it is the duty of the employer to give suitable instru as to the manner of using them, and warn- ing as to the hazard of lessness in their use. If the employer neglect this guty, or if he give improper instructions. he I8 responsible for the injury resulting from his neglect of duty. is not an- swerable for injury to adults, nor for the stated a boy 13 years old was injured while at- tem) to clean (not a real four-legged live mule, while in motion), but a “wood- en” one. Tt was a da us plece of machin even to an adult workman. The evidence not clearly prove that he had received any instructions from the fore- man, or that he had, by experience, or in any other way gained a knowledge of the machine and of the danger of attempting to clean it while it was running. The court heid that this was a proper case for the jury to decide whether the boy had re- ceived needful instruection. An Operator in an Iron MilL In another Pennsylvania case a youth about seventeen years old and _recently employed in an Iron mill was hired for one duty, but injured while doing, by_di- rection ~of the foreman, another. The court of review remarked that in the case of young persons it was the duty of the employer to take rotice of their age and ability and to use y care to pro- tect them from risl i they ecould not properly appreciate and to which th should not be exposed. “The duty in su cases to warn and instruct grows natur- ally out of the ignorance or inexperience of the employe, and it does not extend to those who are of mature years and who are familiar with the employment and its risks.” In the case to which these re- marks were applied the boy had had but very little sequalntance wxli} his work. He went into the mill on Tuesday and was in- ured the fourth day afterward. was jured while closing a gate between two pairs of rollers. The cogwheels by which the rollers were moved were coversd along the whole length of the train except at the point over which he had to reach to open &nd close the gate. If they had been cov- ered there the accident would not have hap- pened. “In view of the youth and want of experience in the business on his part it was necessarily a question for the jury whether his empioyer had sufficlently warned and instructed him about the dan- gers of the employment, and how to avoid them, or had done all that was necessary to protect him from injury.” An Operator in a Cotton MillL In another case a boy of fourteen years old was injured while operating & machine in a cotton mill. The machine was not dan and so no special instruction, erous | 80 the court said, concerning the manner ermore, of using it was required. Furthe was clearly shown that he had sou received all the instructions Quality him for the position he hel A Tin-Stamping Machine Case. One more applica: mentioned. & boy fourteen years oid, who was not famillar with machinery, was put at work by his employer at a tin- stamping machine. He sat at a high bench, put the piece of tin in its place on the machine with his right hand and then pressed his foot on a lever waich b ht down a heavy hammer on the tin. e foreman. when setting the boy at work, stamped a few pieces of tin to show him how to do the work. On the second s while the boy was stamping a plece of tin it slipped out of its place. Hs leaned over to put it in place, and as he did so, his bench being shaky, he pressed his foot on the lever, which started the hammer, and it came down on his fingers and crushed them. He sued his employer, but failed to recover anything, the Gourt of Review ro- marking that “there was no danger in this particular machine that was not as obvious to a boy of fourteen as to an adult. He could see that if he placed his hand under the stamp it would be crushed. If boys are not allowed to use machinery until they have become accus- tomed to its use it would be difficult for them to learn any useful trade or occupa- tion by which to earn a livelihood.” Working an Engine. An Instructive case has been decided in Ohijo. A boy was injured while in the em- ploy of tke Clevelind Rolling Mill Com- pany. His duty was to turn off and on Steam at a steam engine. To do this he Ead to stand near a shaft which revolved when the engine was in motion. At the time of the accident a short belt was hanging loose on the shaft, whch emused the {njury. e court remarked that different rules had been ted to such cases. One was that children were bound to exercise the same degres of care as adalts; another wholly freed small children from negligence: another ‘that a child is held to no greater care than [s usually possessed by children of the same ag: For one, we fail to see anything very luminous in this rule, even though it is supported by the great weight of authority. W hat degree of care, if any, must a child exercise, and what instruc- tion, if ani, must be given to him before he begins his work? These are the ques- tions that require answer, and the ruls above mentioned does not throw much light on them. The court, however, in reviewing the case put forth, as we think, far more wisdom than is contained in the rule itself. “It may be safely laid down as a general rule,” says the court, “that persons who employ children to work with or about dangerous machinery or In dan- gerous places should anticipate that they will exercise only such judgment, discre- tion and care as is usual among children of the same age under similar circum- stances, and are bound to use due care, having regard to their age and inexperi- ence, to protect them from the dangers in- cident to the situation in which they are placed, and as a reasonable precaution in the exercise of such care in that behalf, it is the duty of the employer to so instruct such employes concernirg the dangers connected with their employment which from their youth and Inexperfence they may not appreciate or comprehend, that they may, by the exercise of such care as ought reasonmably to be expected of them, guard against and avoid injuries arising therefrom.” A rational rule, truly, that may be properly applied in the cases we have descnbedl.‘ng o Al RT S. BOLLES, University of Pennsylvania. HOME STUDY CIRCLE QUERIES. 126. What Austrian minister was ¥aown as “the European coach driver”? 127. What Queen first established fleld hospitals and appointed surgeons to at- tend an army? 128. What distinguished editor is a son of the author of the “Lucy” and “Roll& oks? 125. What Frenchman was dictator dur- Ing the siege of Paris? 130. Which ef Louis thxre’u daughters “‘Alexander lII'; has been deseribed as nightmare, Francis Joseph's an Bismarck's sleeping draught, one of the three clever women of Europe—Bulgaria’ mother”? 131. What King is sald never to have smiled except when he heard of the mas. sacre of St. Bartholomew, at which he laughed outright? 132. Who is the only Spaniard mentioned in the Bible; 133. What King of France lived Brooklyn? 134. What Roman patriot, while escap- ing from Rome In a litter, was assassi- nated at the instigation of Mark Antony? 135. What genial e: ist was known to his early friends as “Mr. Guy"? 136. What Duke, afterward King, was seneraily called “Crook-Back™? 137. Who sent to Charlemagne the keys of the holy sepulcher of Jerusalem? Answers. 113. Chaucer. _114. Joaquin * Miller. 115 The Madonna of the Chalr. 115. Herschel. 117. Count Metternich. 118. Queen Louise of Denmark. 119. Edward VL 120. Justin. fan. 121. Louls XIV. 122. Lafaye Kipling. 124 Cleopatra's. Great. Lord Fairfax of Cameron. The Daily Telegraph gives some esting detalls as to Lord Falrfax, whose death took place at his plantation, North- ampton, Prince Georie County, Md.—a house 150 years old with an estate of some seven hundred acres attached to it. Lord Fairfax, who was a direct descendant of the great Parliamentary commander ia chief, though a peer of Scotland, was a citizen of the United States. he did not, of course, assume the title, it was in ‘any sense d and its pas- through male heirs éver since the lived in America has been . The title descends to the idest son, who is a eclerk In ork banking-house of Brow it t and ul to not

Other pages from this issue: