The San Francisco Call. Newspaper, January 16, 1901, Page 7

* THE SAN FRANCISCO CALL, WEDNESDAY. JANUARY 16, 1901. ADVERTISEMENTS. IT°S FIT POR A QUEEN. $3.50 Style 60/ “THE DEBUTANTE” $3.50 woman has heard o t any new and al leathers as preceded BEE HIVE SHOE CO. H. LESSER, FROFPRIETOR, { 17 MARKET STREET, Near Third, San Francisco. AMUSEMENTS. MOROSCO’S GRAND OPERA HOUSE AY AND SUNDAY WEEK — nes’ Pamous P) THE ROGUE’S GDMED A GREAT HIT. z\"‘ H AND THE FLAME ket Office, Emporium. Comin z—Bernhardt ‘and Coquelin PEK ONLY—MATINEE SATURDAY. BREEZY TIME.” “A NDAY HT Januvary 21st, MRS. 'FISKE “B"CKY SHARP, D R"‘“ r"rJr*dan -$2.00 $150 and $L.00 and Manager i ANl This Week MATINES | SATURDAY. Joseph Grismer's Produc- Theater Screaming A STRANGER? STRANGE LAND er From Rise to Fal BELASCO samo m‘l“ Sl (ENTRAVz: W THOROL u) Y H TATEI)WXTH STEAM EVERY EVENING THIS WEEK. | '{he WO ORPHANS* inal Union-square Theater Version, All the Magnificent Ecenery Pre- pared From the Origtnal Models ted Casts CHUTES AND Z00O ""’;"‘_‘“'" BIG VAUDEVILLE SHOW 1 TO-MORROW NIGHT— THE AMATEURS 1IN SPECIALTIES AND A BLACK BALLET. FPHONE FOR FEATE, PARK 2. FISCHER S CONCERT HOUSE Oro, Bernard and Oro; )hn. D Wood, Sid t has long distanced a es embrace all the new shapes—the hapes as well as the dainty dress | | | 33.50 A Full-dress Boot Royal Opera Last | $3.50 f the “T Sho Jitra" e for w omen, shapely lasts and of all the sub- Made and sold for $3.50. The it to S Francisco, and as a 1 competitors in the fit the f and si 7e<-he<m~c we are the d must satisfy all y all [ | Hawalian coasting fleet is as good as any | similar class of vessels in the world. s AMUSEEENTS. BLCRD THEATR AR 18d and Final Week. | LAST MATINEE-SATURDAY. THEATER ALWAYS CRO“DEI) FLORENCE ROBERTS Matters of Interest to Marinffs and Shipping Merchants. he Austrasia will load wheat for Furope, the James Nesmith, In THE ADVENTURES OF NELL GWYNNE | Next Week—The Pretty Comedy, ' SWEET LI\VENDEI‘?.~ SEATS NOW READY. 5 LT Y TO-DAY, WED., Jan. 16. Parquet, any seat; balcony, 10c; dren, 10c, any part except reserved. THE ORPHEUM'S BIGGEST SHOW YET. SAM LOCKHART’S BABY ELEPHANTS! EUGENE O'ROURKE AND COMPANY. the Five Olrace, J. F. Crosby Jr., . the Willy Joe Santley, Bettine Gerard. ° GREAT AMERICAN BIOGRAFH. *TIVOLI* | 1515 WEEK LAST CHANCE to See the Big Spectacle. | EVENINGS at 8. MATINEE SATURDAY at 8 GINDERELLA! Next Week—Perfect Production of “THE FENCING MASTER.” POPULAR PRICES.. 25 and 60 cents. Telephone—Bush 9. SAN FRANCISCO'S GOLUMBIA LEADING THENTRE THE__GREAT PASTORAL ALL DRAMA SUCCESS. THIS “WA Y chil- xexr | DOWN week.. EAST.” ' To-morrow Afternoon ,,,:o Co. Saturday Afternoon at Sherman, Clay Concert by the s-nperb Prima Donna MDLLE. DOLORES (Aricinctee TREBELLI, Reserved Seats $150, 31 and 50c. PALAGE and GRAND These hotels pos- sess the attributes that tourists and travelers appreciate —central location, liberal manage- ment, modern ap- pointments a n d perfect cuisine. Baxter . Atlantis, Rousell Brothers, Earl &nd Hampton, Edyke Lesly and Others. Reserved Eeats c. Matines Sunday. A HOTELS, San Francisco. American and Eu- ropean plans. |left here on the Gth inst. 1 Officer Kidston of the Lawton w \ as her chief officer and Captain Bruguiere will | wagon demol | on fire vesterday afternoon. | Governor Markham | BENEFIT PERFORMANGE MANY COASTERS AND DEEP-WATER SHIPS ARE NOW CLASSED OVERDUE Steamers That Left the Sound a Week Ago Have Not Been Heard From---Vessels Bound Here From Japan and China Almost Given Up as Lost. HE place where news of the over- due fleet could be obtained is a spot the underwriters would like to lo- cate. Many of the coasters are away behind and a number of the deep-water ships are being reinsured. Three of the vessels relleved the hearts of their owners by putting in an appear- ance off the Heads yesterday morning. They were the British ships Montgomery- shire, the Duchalburn from Newcastle, Australia, and the American bark Pru fa from Puget Sound. The latter was days getting here from Port while the Montgomeryshire wa -three and the Duchalburn six! eight days coming from Australia. Cap- tain Edwards of the Montgomeryshire must pay for_a dinner on account of his long run. When the Montgomeryshire and Duchalburn were lying in port at Newcastle he “bet the dinner” with Cap- tain Forbes that he would beat him five days into San Francisco. Instead, both vessels came in together. Both vessels made ordinary passages, while the Pr sia had nothing but head winds and cr scas to contend withwll the way down. STEAMERS LOOKED FOR. Rainier and Mnndu.lly Should Have Made Port Several Days Ago. The steam schooner Rainler is now out ceven days from Seattle, while the Man- dalay has not been heard from since she for Coquille River. The chances are that the Rainier has been detained by the heavy weather that has prevailed along the coast, while the Mandalay may be in Coquille River. The wires are all down between here and Oregon and it has been impossible to either telephone or telegraph from Grays Harbor or Coquille River. The chances are therefore that the Mandalay is bar- bound and that the Rainler is in Clallam Bay walting for a chance to get out. —_—- Sailing of the Grant. The United States army transport Grant will get away for anila to-da Chief 1 go out d. Captain George H and C arl F. Lehners, the local s of hulls and boflers for Alaska, among the passengers on the Their clerk, George D. Clagett, | v them and on their arrival | v will inspect all the ves- were formerly under the Ha- walian flag. There may be a few con- | de fons, but taking them all in all the | hitney pector be T Water Front Notes. A milk wagon and a Valencia-street car were in collision near the ferries at 2:25 p. m. yesterday. The car was on the East- street crossing when the wagon ran into it. The driver was thrown under the fen- | der of the car, but escaped serious injur; The horse was badly hurt and the milk hed Ten minutes later a mail wagon and a Haight-street car was in collision at the | same spot, but nobody was hurt. | The Italian ship ¢ llere Ciampa was | The fire tug went to her assist- | ance and soon drowned out the flames. | The damage was small The revenue cutter Perry started out yesterday on another search for the miss- ing British ship Andrada. As has already been told in The Call, the Andrada left | Santa Rosalia for Portiand and after tak- ing aboard a pilot off the Columbia River was driven to sea. Since then nothing has been heard from here. The Perry has been out searching the Vancouver coast | for over ten days and@ this will be her sec- ond venture in search of news of the miss- ing vessel. The steam schooner Acme was launched at Alameda Point yesterday. She was buflt for the Siuslaw River trade. She is 162 feet long, 34 feet beam and 10 feet 6 inches deep. Two similar vessels are to | be bullt for the COSF[ lrade NEWS OF THE OCEAN. 3:- ; | Blakeley lumber at Port | fllustrate the dlfferenca between fard and WESSON ODORL/ESS COOKING OIL A PURELY VEGETABLE PRODUCT. Animal fat may carry disease with it and be unclean and very indigestible. Wesson's Odorless Cooking Oil is pure, sweet and clean. It never becomes rancid. It goes twice as far as lard or butter! Wesson’s Salad Ol is far better value than the finest olive oil and has the same flavor. Ask your friendly grocer for it. AMUSEMENTS. COLUMBIA MINSTREL CoO. Families of Victims of Glass Works Accident. METROPOLITAN TEMPLE, THURSDAY, JANUARY (Tth, TICKETE ON SALE AT ALL CITY NEWS- PAPER OFFICES. RACING! RACING! RACING! ETING—1901. 1900-WINTER ME! CALIFORNIA JOCKEY CLUB. DEC. 21 TO JAN. 19, INCLUSIVE. AKLAND RACETRACK. onday, 'meuhy, wndnm-y Thurs- ive or more races start at 2:15 p. m. sl -boats leave am. 1, l:D.'& 2:80 l.:‘d t'n" trains “stopping t Last two oars on Iadies and their escorts; no 1 tickets to Shell Mound. a. Alameds mole co Deet with San Pablo avenue cars at R R s e s -_" ng leave 1. R B. MILROY. o | Cape. | Commander, | from Newcastle, BRITISH SI-&PS DUCHALBURN AND MONTGOMERYSHIRE, THAT RACED FROM NEWCASTLE, AUSTRALIA, TO BAN FRANCISCO. THE DUCHALBURN WON BY FI VE DAYS. * g bourne or Adelaide, 608, or Cape Town, 725 6d prior to arrival. sy e ‘Wheat Market. The Italian ship Mount Carmel cleared yes- terday for Queenstown for orders with i ctie wheat, valued at $52,800, ber as dunnage, valued at § Noti;e to Mnr{hers. v MATILL:\ REEF LIGHT V YAST OF WASHINGTO! srbhics 14 et wiwen Uole b b MEEIE 1901, Umatill reef light vessel No. 67 broke adrift frem her station about two and a half miles southwest, five-eighths south from Uma- tilla reef (Flattery rocks), making off from Cape Alava. Washington. and about four and a quarter miles west southwesterly' from the She Is now at Port Angeles, Washing- ton, and will be replaced on her station as soon as practicable. This notice affects the list of lights and fog signals, Pacific Coast, 1900, page 32, No. 145; also the list of beacons and buoys, Pacific Coast, 1801, page 64. By order of the llghthouse h-‘fi\lrd and 17,000 ft lum NO. 61— . DAY. Lighthouse Inspector. Begniriy Shipping Intelligence. ARRIVE 1ueadnr Janudry 15. Dettmers, 65 hours from U. 8. N Stir National City, San Pedro. Stmr Geo W er, Randall, Portiand, via Astoria 47 hours Ncr stmr Titania, Egenes, natmo Br ship Montgomeryshire, Edwards, Aue. Duchaiburn, 69 hours from 7 days Br shin Neweastle, Blakeley. Schr Joseph alina_ Cr Forbes, 67 days from Jensen, 16 days from Port Russ, Anderson, 52 days from uz, bound to Port Townsend; put in 1o 2 fonterey, Beck, 5 days 20 hours from uy. CLEARED. Tuesday, January 15. Stmr North Fork, McLellan, Eureka: Cuas Scin Coos Nelso Stmr American, McDonald, Nanaimo; Wil- | Mams, Dimond & Co. Stmr Queen, Thomas, San Diego; Goodall. Perkins & Co. Ttal ship Mount Carmel, to Eppinger & Co. Br ship Drumburton, Thomas, Seattle; West- ern Commercial Co. Mazella, Queens- Stmr W H Kruger, Stmr Arcata, \elmn Stmr tmr tmr Stmr o £ Br stmr_Strathgyle, Gordon, Seattle. Br ship Pericles, Henderson, Queenstown, Bktn Gardiner City, Walton, Seattle. Schr Lettetia, Zachary, Grays Harbor. Schr Mary Eita, Anderson. Bowens Landing. Schr Julla E Whalen, Erratt, Apla. TELEGRAPHIC, POINT LOBOS, Jan 15, 10 p m—Weather hazy; wind calm. SPOKEN Per Br. ship Scottish Hills, at Astorla~Br ehip Cape Wrath, from Callao, for Portland, | oft Columbia River. MEMORANDUM. Per stmr National City—Sailed from San Pedro Jan 12, 4:16 p m, and at 6:20 p m, 4 miles north of Point Vincent, broke forward connection rod. Came up little over half pe Per Br ship Montgomeryehire, from Newcas- tle, Aus—Jan 13, lat 37 82 lon 12430 W, passed part of a wreck apparently that of a small vessel, REeT Br ship Duchalburn, from Neweastle. . at sea 29, lat 2957 N, lon 151 o hb Wite o Dagtats Betiee tolne hons from Salina Cruz— lat 342 N, lon 12041 W, in a_heavy from the NW, carried away foresail MISCELLANEOUS. Jan 15—Ger ship Flottbek, from for Port Townsend, is anchored sguth of Osset Island, close into Wants immediate assiétance. DOMESTIC PORTS, VENTURA—Arrived Jan 15—Stmr South Coast, from Eureka. PORT ANGELES-Sailed Jan 8—Ship Glory of the Seas, for San Franeisco. Arrived Jan 14—Ship Eclipse, for Comox, PORT TOWNSEND-—Passed inward Jan 15— Bark Fresno, hence Jan 1, for Port Gamble. Arrived Jan 15—Sehr Johin A Campbell, from Honolulu: schr Serena Thayer. from Lahaina. TACOMA—Arrived Jan 15—Stmr Matteawan, hence Jan 11. SEATTLE—Arrived Jan 16—U S stmr Perry, from an unsuccessful search of missing Br .my Andrads; stmr Jeanie, hence Jan 11. BAY—Bar bound Jan 15i—Stmr Em- 'Per schr Joseph Russ, Jan 8, squall and §ib. TACOMA, Yokohama, two mile kers. hence Jan 9, AETOEIA—A"I\'QI{ Jan 15—Stmr Columbia, —— e FOLDINGBED ! 18 steel-tempered sprini wire tlefl An opportunity to get & good bed for little” money. ..SWEEPING REDUCTIONS.. In l"\mmure and Carpets. Eetl on complete house-fur- nishing cmermuy given Frea delivery within 200 miles on 25 mmh And over. T. Brilliant Forniture Co., 330 342 I’OST ST., Powell x) hence Jan 13; stmr Despatch, hence Jan 12; Br ahm _Scottish Hills, from Taltal. 15—Stmr Westport, KA—Sailed Jan 15—Stmr Pomona, for San_Francisco. PORT LUDLOW-—Arrived Jan 15—Schr Me- teor, from San Pedro. FORT BRAGG--Sailed Jan 15—Stmr Noyo, for San Francisco. FOREIGN PORTS. CARMANAH--Passed Jan 7—Br ship Peng- wern, from Livernool. FALMOUTH _ Arrived Jan 13—Ger bark Athene, from Tac: ANTOFAGASTA- Bailed Nov 29—Br ship | ‘Thirlmere, for Tacoma. COLON-—Sailed Jan 13-Br stmr Guatemala, for San Prancisco and way ports. MAZATLAN Sailed Jan 13—Stmr Acapulco, for San Francisc HOLL-Arrived Jan 14—Bf bark Crown of India, hence Aug 17. QUEENSTOWN — Arrived Jan 15—Ger ship Hera, from Tacoma. YOKOHAMA—Sailed Jan 13—Br stmr Duke of Fife, for Tacoma. LEITH—Arrived Jan #—Br ship Thalatta, hence Augz 9. SHIMONESKI—Arrived Nov Kvarven, from Portland. ANTWERP—In port Dec 5—Br ship Aller- ton, for San Francisco. WCASTLE, Aus—If port Nov 14—Br bark Andorinha, for San Francisco. Dec 1—Fr bark Brenn, for San Francisco. Dec Inverne!ll. for San Francisco. Dec Jane Guillon, for San Francisco. SHANGHAI-In port Dec 20—Br ship Khy- ber, for Oregon. HAMBURG_In port Dee 20—Ger ship Mar- garetha r_Oregon. HANTOS Satled Jan 3—Br ship Talus, Oregon. | PANAMA—Sailed Jan 14—Br stmr Guatema- | la, for San Francisco. VICTORIA—Arrived Jan 156—Nor ship Prince | | Victor, from Honolulu. | Sailed Jan 15—-Stmr Tacoma, for Hongkong. | OCEAN STBAMERS. NEW YORK—Arrived Jan 15—Stmr Noorge, from Cepenhagen. Safled Jan 15—Stmr Trave. for Bremén: stmr Cevic, for Liverpool; stmr Sardinian, for Glas- ow. ‘YOKOHAMA—SIIIed Jan 13—-Stmr Duke of Fife, from Hongkong, for Tacoma. ANTWERP—Sailed Jan 15—Stmr Tanis, San_Francisco. LIVERPOOL—Sailed Jan 15—Stmr Cufic, for New York. | | | 5—Nor stmr for | for S o Steamer Movements. TO ARRIVE. From. - |Coquille River . ./Coquille River . | tinued to act with him. | result of that cmission of duty. | risk of it, Hongkong Point Arena. Santa Rosa. Mackinaw. South Portiand. .| Panama ‘& Way Ports. .| Portiand & Astorl ; . 2 - .2 State of Cal.... Victoria & Puget Sound|Jan. 22 TO SAIL. Steamer. Destination. |Salls.| Pler. Pler 13 1 bm(PASS m, Iglcn]);u‘ & Pgt 8.1l am(Pler ort Coos Bay| 5 North Fork.. Humboldt Y| S R anuary 17. l .’Coqullle River . 4 pm|Pier 2 .|Seattie & N What.| 5 pm|Pier 2 | danuary 1IN, ) Coquille River Pler 1 Pler 11 Pler 7 PMSS Pler 24 Pler 8 Pler § Eler 13 Sunuary 19, et 2 .| Point Arena 2 pm|Pler 2 January 20, | San Diego. 9 am Pier 1 January Zi. Victoria & Pler 11 Pler 2 Pler 13 Pler 11 pbainbS i Sun, Moon and Tide. United States Coast and Geodetic Survey— Times and Helghts of High and Low Waters at Fort Polnl. entrance to San Franclaco Bay. Published by official au- thority of the Superintendent. NOTE—The high and low wats city front (Mission-street wharf)". Ibout tvnnty- five minutes later than lat Fort Point; the helght of tide is the same at both places. WEDNESDAY, JANUARY 1s. t the above exposition of the tides | negligence of other servants? |+to the cl the early morning tides are given In the left band column and the suecessive tides of the day in the order of occurrence as to day, ‘the thira time column gives the last Hae of the day, mtfl ‘when there are but three tides, as sometimes occurs. The helghts given are in addition to the soundings on the United States Coast Survey gharts. except when & Mminus stgn () precedes the height, and then the number given Is subtracted from the depth given by the charts. The plane of reference is the mean of the lower low waters. California Limited. charge is made for riding on the Limited vf the Sants Fe. aith No 11t ough ug-mmm Is really worth ‘more. HOME STUDY CIRCLE FOR CALL READERS Law Lessons for Employers and Em- ployes, Making Plain Who Are Fellow Servants. Copyright, 1801, b ¥ Seymour Eaton. . XIV. In the first of this series of papers it was stated that a servant assumed the risks of injury from other servants who were engaged in the same common em- | ployment. In other words, if a servant was injured through the negligence of an- other servant employed in the same way he could not turn to his employer for re- dress, but to the servant who had caused the injury. A man may be compe- tent yet negligent. We also set forth that it was the duty of the employer to pro- vide competent servants, safe tools, ma- chinery, places of work and also to give instructions whenever the quired. If he were neglectful in these matters he was liable to a servant who was injured through the negligence of an- other. Thus if an employer hired an in- competent engineer to run a train he | would be responsible to a conductor who was injured through his unskillful man- agement of his engine, unless the con- ductor knew he was incompetent and con- " he did not know, then the employer would be liable for the consequences of employing such a man or of retaining him after his incom- petency was found out. On the other hand, if the engineer were competent at the time of employing him and through his negligence the conductor should be injured, in many would have no claim against the employ- er, for the risk of the engineer’s negli- gence was assumed by him when he agreed to conduct the train. ossibly some reader may not see clear- ly the difference between the two cases. An engineer may be competent and vet do a negligent thing; if he does. the con- | ductor assumes this risk and bears the | consequences. An engineer may be incom- | petent, and if he is the conductor does not assumse the , and if he is injured can 100K to his emplover for redress. Bays Mr. Justice Danforth of the New York Court of Appeals: “It i3 no doubt settled that an émploye of a raiflroad company takes the natural risks of his employment, and amopg others the risk of injury re- sulting from the negligence of his fellow servants. This rule, however, has no ap- plication if the company has at the same time disregarded its obligation to provide either.a suitable roadbed or engineer, cars or other necessary appointments of the railroad, so that the injury is not entirely | caused by the negligence of the other fei- but, in part at least. is the in such a case the negligence of the co-servant will not exonerate the company from the consequences of its own defau In the case above supposed the negiigence of the company would consist in hiring the in- competent engineer, and in doing so the company would be liable for the conse- quences of his conduct. Suppose, however, he were competent but was given a very imperfect engine to run. If he knew that it was imperfect and dangerous and ac- cepted the ‘msniml he would assume the but if the conductor was in- jured by using such an engine he could recover from the company, because it is its duty to furnish proper tools, appli- ances, ete. If they are not of this char- | acter those who use them. knowing what | they are, assume the risk of doing so; but thosé who do not know, as the con- ductor in the case just supposed, do not | assume the risk of the defective engine, | and the company, so far as it is con- cerned, is negligent in using it and must make their losses good. The fireman in low servant, | such a_case would probably assume the | same risk as the engineer, for he would | probably know as much about the engine; consequently if he were injured he could get nothing; but the conductor, though a fellow servant, could recover because he does not assume the risks of negligence of the company itself, and the known use by the company of a defective engine is one of them. Who Work in the Same Common Employment? Keeping this rule in mind that the em- ploye is always liable for his own negli- even gence, either when he is acting alone or | with a servant, we remark that an em- ployer is also liable to his servants in all cases where one is injured through the negligence of another who is not working in the same common employment. For | example, If a carpenter in a railroad shop | were injured through the negligence of an engineer while riding on a train that wa carrying employes engaged in making r pairs, he would not be regarded as a fel- low-servant of the engineer and would | have a good case against the company. Who, then, are fellow-servants, and not | entitled to recover from their employers except in those cases in which the latter themselves are negligent in not employing | competent men, suitable appliances, etc and who are not fellow-servants and e titled to look for redress to their employ- rs whenever they are injured through the ed into two parts: ification of employes, the otber to their relative position of mere laborer | or superintendent. The first part will now be considered. Difficulty in Applying the Rule. 1t may be remarked that when this rule was first declared by Lord Abinger in tion is div | Great Britain and by the courts In this country no one ever dreamed that its ap- plication would be o difficult. In truth, no other legal rule has ever given rise to | g0 many contradictory decisions. Are the engineer and conductor of a train fellow servants? If they are, neither can recover of their commen employer for an injury caused by the other. If they are not fel- low-servants the rule is otherwise. in| some States they are held to be follow- servants, in some they are not. Who Are Fellow-Servants in Vir- ginia? Who, then, are in the same common em- ploymeént? The Supreme Court of Vir- ginla answers the question in this man- ner: “The fellow-servant or co-employe for whose negligence the company is not liable is one who is in the same common employment—that is, in the same shop or place with and having no authority over the one injured—and who is no more charged with the discretionary exercises of powers and duties imperatively resting | upon the works than the injured party but where a person is placed in charge of the construction or repair of machinery, the dispatching of trains, the maintenancs of ways, ete., Be is not a fellow-servan: with those under him, nor with those in a different department of the service.” In| nother case the same court remarked: ‘They - are co-employes, engaged in the same deparyment of service, who are thrown together in the perrarnunce of a common duty and havin; rtunity to observe and judge of the Inbllny and qualifications of each other.” ‘Who Are Fellow-Servants in Illinois? In Illinois the Supreme Court in a re- cent decision has made another attempt to define fellow-service: * The servants > the same master, to be co-emploves, as'to exempt the masier from Hability on account of injuries sustained by one re- sulting from the negligence of the other. shall directly co-operating with each otler in a particular buairiess: that is. e line of emvloyment, or that thelr usual duties shall bring them ints habitual association, so that they onl exercise a mutualinfluence upon eac other promotive of oper caution. Thas idea is that the relations between the servants must be such that each as to the other, by the exercise of ordin cau- tion, can either ent or remedy the ligent acts of the other or protect him- self agalnst its consequences, and, of course, where there is no right or no op- rortunlty of supervision, or where thers s no_independent w:ll, ‘and no right to take measures to avoid the negligent acts of another without disobedience to the orders of his immediate superior, the doc- trine can have no application.” This is one of the most elaborate state- ments or attempts to defilne common em- rloyefl that has been made. The subject s one of the greatest difficulty because re $0 numerous and fit so closely Had Lord Abinger been fned with prescience or seen even £0 imly the wonderful mumplyln ployments growing out of the of machinery and the use of haps he would have paused or a employments timated his irability (o deal subject in a satisfactory manner, Some glimpse of the tness of his fallure will -pvu.r fro ecisions that will now t e given; a still stron, f s the I ilhuon in Great fiufl" and nany occasion re- | States he | | States to relieve in vart at least the diffi- | culties into which the courts have falien | in applying this famous rule. Is a Conductor a Fellow-Servant? Let us begin with the case of a con- ductor. Is he a.fellow-servant of the brakeman or of the trainmen with him? This is the in fornia. quently, if one is injured by the gence of the oth not ook to the law it has not 1 man can- ¢ for in ard him. If an outsider were mmrv- “by his negli- gence the rule would be different; the neg- ligence of the employer would be regarded as the negligence of the company. In one of the California cases the court said that “‘a laborer, a trackworker and a conductor were all fellow-servants.” In Wisconsin it was first decided in 1553 that an engin akeman of a train were fellow-servants: thre ars after- ward the court decided they were not. The Judges In the last case disagreed; some of them were not members of the court when the first case was tried, but two of them were members, and one of these changed his opinion. Finally the | court changed its opinion again and re- | turned to its original rule. In New York, lilinois and many other States the rule first declared by the Su- preme Court of Wisconsin prevails. But it aoes not evervwhere. In the famous case of Farwell vs. the Boston and Wor- cester Railroad, which was one of the earliest in this country deciding the great question that an empfoyer was not liable | to an employe for an injury caused by | the negligence of mnother employe, an | engineer was injured by the careles {of a switch tender. Both were | fellow-employes, engaged in common service, and consequently | gineer could recover nothing rmm his em- ployer. In Ohio a railroad track repairer was in- jured by the negligence of an engineer; the injured man claimed that they were not engaged in the same common service. The court thought otherwise. The Court of Appeals of New York had decided the fon not long before in the same man The reason for these decisions was that the departmentsof duty occupled by both were alike, necessary and indis- pensable for carrying on the primary ob- Ject zl the mmf -namely, the speedy and $afe carrylng of passengers and freight over the road, Car Inspectors and Brakemen. There has been more difficulty over the question of car inspectors and brakemen. In Indlana they are not regarded as fel- low-servanty. In Pennsylvania the court held differes “We are clearly of opin- ion,” says the court, “‘that a brakeman and a car inspector are in the sanfe circle | of appointment; they co-operate in the same business, and the former knows that the employment of the latter is one of the incidents of their common service.” Ohio chimes in with this rule, but kicks against the rule prevailing almost every- where that a brakeman and conductor on the same train are fellow-servants. In like manner the courts have decided on the question of a car dispatcher and the operatives on a train. In most States, however, the courts hold that they are not fellow servants. One of the cases in which the court considered the question at great length arose in Connecticut. The court remarked that the train dispatcher was supreme. The whole power of the corpg- ration, whose duty it was to move the train, was delegated to him. He acted in its name, by its authority and in its stead. The engineer was bound to obey his order. An engineer of the company recefved an order and he obeyed. He did not know the consequence, but the company did, or should have known. In executing the order he was Injured. ‘“Reason, justice and law require that the company should be held responsible. ALBERT 8. BOLLES, Haverford Collegc HOME flUDY QUERIES. 179. The announcement of whose nom- ination for President was the first news ever sent by magnetic telegraph? 180. Where is “‘the cradle of liberty” ? 181 What was the first State admitted to the United States? 182. Who was elected to the Presidency upon his return from a four years' Min- istry to England? g%, ,Who was the original ‘“Tncle am’ ? 14. Who was the original “Brother Jonathan"? 155. American city has neither or_nor municipal government? What colored man has twice pre- sided over the United States Senate? 187. What Ameriean author has been | described by Lowell as _‘“three-fifths genius_and two-fifths pure fudge”? 1 What genial essayist was known as “the American Charles Lamb”? Who is called “The Florence Night- le of America’ What American historian lost his eye through the throwing of a crust of bread? 191. What starving English dramatist ia sald to have choked on a crust of bread received from charity? 192. What President of the United | | States signed himse!f “Novanglus”? Answers. 165. ‘“What animal is that which goes on four feet In the morning. on two at noon and on three at evening?”’ (Answer) “Man, who, when an infant, creeps on all fours, at mianhood stands erect on two legs and in old age hobbles about with the aid of a crutch.” 167. Daniel Webster. 168. Spen- ser. 169. Dryden. 170. Weinsherg. 171 Eleven years (1649-00). 172. George W. Ca- ble. 113 Henry Irving. I7i Oliver Wen- deli Holmes. Oiiver Goldsmith. 176. The French revolutionary constitution. 177. Kubla Khan. 178. Dr. John Bule. | \ ADVERTISEMENTS. WHAT SHALL WE EAT To Eeep Healthy and Strong? A healthy appetite and common sense are excellent guides to follow in matters | of atet, and a mixed diet of grains, fruits | and meats is undoubtedly ‘the best, in spite of the claims made by vegetarians and food cranks generally. ‘As compared with grains and vegetables, meat furnishes the most nutriment in & highly concentrated form and is digested and assimilated more quickly than vege- tables or gral Dr. Julius Remusson on this subject say Nervous persons, people run down in health and of low vitality should eat !plrnty of meat. If the digestion is too feeble at first it may be easily strength- lenod by the regular use of Stuart's Dys- pepsia Tablets after each meal. Two of these excellent tablets taken after dinner will digest several thousand grains of meat, eggs or other animal food in thres or four hours, while the malt diastase also contained In Stuart's Tablets causes the perfect digestion of starchy foods, like potatoes, bread, etc., and no matter how weak the stomach may be, no trouble will be experienced if a ke made of using Stuart's Dys-epsia Tabiet because they supply the pepsin and di; tase so necessary to perfect digestidn, anl any form of indigestion and stomach trouble except cancer of the stomach will be overcome by their dally use. That large class of people who come un- der the head of nervous dyspeptics should eat plenty of meat and insure its com- plete dimuon by the systematic use of a safe, ess digostive medicine like Stuart's ?ep-(a ‘ablets, composed of the natura stive principles, peptones Ana dlastase, which actually perform the work of difestion and give the abused stomach a chancd to rest and to furnish the body and brain with the necessary nutriment. Cheap cathartic medicines masquerading under tue name of dyspep- sia cures are useless for nllaf or cure of 1 tion because they have absolutel no effect uj the actual digestion of fooj a in all its forms i3 simply a omach to digest f and the sensible way to soive the riddle and cure the indigestion Is to make daily use at meal time of a safe preparation which is endorsed by the medical profession and known to_contain active digestive = ciples, ‘nd all this can truly be d of 8] lets. All d ut the United cmnflnnflw—mum-l many | for full treatment.