The San Francisco Call. Newspaper, January 23, 1901, Page 9

RAILROADS CLASH WITH FRUIT MEN Blockade of Refrigerator Cars Is Attributed to Greedy Shippers. —— srge Consignments of Citrus Goods Sidetracked in Eastern Centers For a Week at a Southerr es have been iling to suppk he desired ac £ by past experi- an extra sup- Pa- f the season e company e lies with the who have been r cars are held ern Pacific yes- i=hin fact that “alifor- £ untouched a week. Om were reported years & he CONLAN CALLS GLAZE MURDER CASE s Continuance Until Fri- y &t the Request of the Prosecution. e e EOLD BURGLAR VISITS POUNDKEEPER WALTON Miscreant Breaks Into ths als’ Home and Secures Some Booty. "itzgerald ¥ rglars whe me, or publt Alabama streets. The money fo. = and sc ™ ¥ of cartridges were ¢ was tmmediately report- t €t they have not e Ins trict Court POSTUM CEREAL. DROPPED IT. Quit Coffee and Got Well. roskiunt coffee, never seemed complete but the stomach became weakened, although I had no f the cause. An hour or so after eating, a dull aching pain would come mach and sick headache set up. w continue two or three asing to an intense burming relieved by vomiting, then I recover. acks grew more frequent, and the pain more intense, until it began to affect my general health. I tried many r strengthening my stomach, ed that the much-loved “These 2 1 remedies I coffee appeared to have a wooden taste, | and I concluded to see what effect leav- ing it off would have. a short time the sick, aching at- rely, gradualiy my stom- of it without any oppression; on . it gave me a well fed, nour- ened feeling, instead of the ssion. . 1 heaith has been greatly nd I am able to eat, without things I dared not attempt zrateful that someohe has boon ibled with coffee drinking, and yet thousands who, if they cause of their trouble, would get well by leaving off coffee and using tum Food Coffec. Please omit name.” the Western | bursting open | taste, and yet I could drink all I actory & beverage. It is | to thousands who have | BHTE CUTTIAG WILL CONTINUE Panama Company’s Agents Are Instructed to Meet Competition. | AT O Slashing of Freight Charges by Pa- cific Mail to_ Be Followed by Similar Action by Rival | Corporation. | e The Panama Company has instructed s agents In Central America to meet all 1.4 competition.” That was the answer given F. F. Cgnno al representative ©f the Panama . on being asked | what course his people would take to off- set the reduced rates on coffee, rubber, €ic, that have lately been made by the | Pacific Mail $teamship Company r the season of | Statement of Mr. Connor is as good as an | acknowledgment that his company intends he Pacific Mail rates. that the rate war between ama and the Pacific Mail is now irnest, and just what will be the me is hard to tell. Mr. Connor's Tt was brought out as a result cement of a big cut the has just made. Ehe latter *nts in Guatemala and Sal- ering to take coffee 1 burg by way % a ton, which Is practically former rate. g ey 1l of its business between Cen- \ n and Mexic and New York and Franelsco ori ro arrangement will be temporary, for on the comple- tion of w es at Guaymas part e sent by way of that set route. rrangement, commercial enture can hardly ble one for the Pacific Mail. It is t the lowest possible rate at which road can handle freight is two- of & cent & mile h new rate wh Pacific Mail and the to receive only $4 87 coffee from Central sco and from San on, & total distance 1 . Panama people are not at all med ovér the Mail's cut rate. : hmus route has a big advantage in t nt Item of time. and If the Pana e of the Pacific Mall, it is can do §o to much better ad- than the Pacific Mail. 2nager Schwerin of the Pacific Mail that the o desired tr ‘Bsposed to say whether | been placed upon the rate er a still greater reduc- Mr. inaugurated should start to cut, of San Francisco have been fon.” said Mr. Schwe- the . “The Pan- arently thinks it is go- acific Mail out of busi- k otherwi: | CONFIDENCE GAME OF EX-CONVICT EDWARDS | Obtains Money From Leading Hotels on “Fake" Dispatches Ad- | dressed to Himself. an ex-convict, has been dence game that has land- ty Prison, audl to-day he on three charges of ob- alse pretenses. t” was to register at a leading my or naval officer. After 1d leave the hotel and ering ddressed to himseif. on which as §2 50 to collect. The guest. be- supposed, ‘an army officer, s suspected and the money would handed te the messenger hoy, who vould then give it to Edwards, to whose ount the sum would be charged. he registered as e’ and at the Rus Neville,” otified and Detectives were House eft at the hotels at once if Edwards rance. Yesterday the clerk at the California Ho- ned that a messenger boy had h spatch for General Barnes, to collect. wae detained and Detective to_the hotel. He ar- v, Harry Boto, to signal ds made his appear- . and Edwards bolt- d, but on overtook him. Ed- warfls was sent to San Quentin from Sis- kivou County for two vears for forgery d was released but a few weeks ago. e e—— How It Goes in San Francisco. ty es of San n & Co., Langley & Mich- and Richards & C L] In the Divorce Court. Decrees of divorce were granted yester- day to Charles M. Dakin from Meta S. Dakin for desertion, Mary M. Cole from Harry A. Cole for failure to provide and Dominico de Rollery from Assunto de Rollery for desertion. The petition of Ed ward_Brendage for a divorce from. Juliz Brendage was denled by Judge Graham and Brendage was ordered 1o pay his wife $40 2 month for her support. Suits for di- vorce were filed yesterday by Mary Eloise Fredericks against George Orrin Frede- ricks cruelty, Thomas J. Hardy against Anna Hardy for desertion, Leah Tuchler against Frank Tuchier for cruel- ichow against Albert Wol mperance and Rosa Zuber- against Conrad Zuberbuehler for esertion —————————— Blum Makes General Denial. | _ August Koehncke, 298 Greenwich street, ‘aptain Seymour a letter yester- eanse of Miss Florence Beil's suicide a Ler sister'’s residence at the Five Mik House. The letter was postmarked San g’a_u and dated “San Leandro, January Blum denies that he ran away with | Mrs. Ja. the wife of a soldier, or that he wr e anonymous letter to John | Bell, the girl’s brother, who threateas to kil him on sight. He explained the note he wrote the girl before her death, ask- | ing for monmey¥, by stating that he had at | various times loaned her $20. He denied that he was engaged to her or that he haa | expressed any love for her. ———— Mercantile Library Association. | At a meeting of the Mereantile Library | Association the following ticket was nom- | inated, those elected to serve for the year | For president, George Almer Newhall; vice | president, Thomas C. Van Ness: treasurer, Al. ; tham | fred K. w; recording secretary, Laf | Meuilin; corresponding secretary, John V. | Twiggs; 'trustees, Charies Ca: | Burns. Benjamin Edson, William G er, Daniel Roth, Charles F. Doe, J. W. Allyne, | D. D. Shattuck, L. H. Boneste Stationary Engineers. The following named have been elected officers of the National Anufsoconion of Statios flornia. No. -3, | o e e . Cal : Al president; Saville, president; T. | vis, vice president; C. Bilackman. |E rer: { ductor; Nutall, :)Ie-n. Golvold, Van Hynes, trustees. .- Peters, secretary; 3. Hoibrook,” con- doo ., and der Naillen and Mrs. Whinnemann, | woman who was left alone and neglected in b t Con street, 1 er room at 110% Converse sicik opsy af ¥ |5 B e oy native of Ireland. 75 vears old The | © Mail will begin to-morrow | rove a | yet, according to | seen placed upon | - a| s it necessary to equalige its | Lieuten- | detailed on the | purchased | h he had received from R. B.! P Jar- | THE SAN FR i ANCISCO SHIPWRIGHTS ADZE IS AT WORK ALL OVER THE PACIFIC COAST Dozens of Vessels Are Being Built and Dozens More Are| Fellow-Servants Co Contracted for---Over Forty Vessels Will Go Into Commission Next Spring. DAk, HAY ESDAY, 1901 — JANUARY 23, —— NEW VESSELS NOW UNDER COURSE OF CONSTRUCTION AT COAS’ YARDS FOR SAN FRANCIS- NEVER IN THE HISTORY OF THE PACIFIC HAS THERE BEEN AS MUCH SHIPBUILDING HIPOWNERS are not to be caught napping next season. Last year FLEET OF there were not enough vessels to supply the demand, and this year €O OWNERS. | AS IS GOING ON AT PRESENT. | — it looks as though some new schooners will have to go hunting for | charters. From one end of the coast to | the otner men are working night and day | to get vessels off the ways, and still (:e the up with ipbuilders cannot keep work. for a year. At the Hall yard in Port Blakeley three vessels are ready for launching, while there are four more whose Keels are ready | to be laid. The first one that will slide down the ways will be the barkentine James Tuft. | She is for the Mexican trade and is 208 feat long, 42 feet beam and 17 feet deep. The second will be a_four-masted schoon- er with a capacity of 1,300,000 feet of lum- ber or 160 tons dead weight. The third is also a four-masted schooner. but her capacity is only 550,000 feet of lumber. Her | managing owner will be George B. Bill- | ings, while a sister schooner to her will | be owned by Pope & Talbot. | Besides these the Hall yards are under contract to build one of the first five- masted schooners in the coast’s history and two four-masted schooners, one with a capacity of 1,200000 feet of lumber and | the other with a capacity of 800,000 feet. | "Among the others who are bullding ves- | sels is John S. Kimball, former president of the John S. Kimbail Steamship Com- | pany. A vessel for him, so it s sald, is | now being built by Reed of Coos Bay, and he is once more going into the coasting busines hands go i DROWNED IN THE BAY. Omne of the Conemaugh’s Crew Loses | His Life Through Cearelessness. | The transport Conemaugh arrived from Mantla via Negasaki last Monday, and vesterday the men were paid off. Some of them took care of their hard-earned | pay and some did not. Last night five ot | them started to row themselves out ta the | transport in the ship’s boat. When off Harrison-street wharf they lost command of the boat and the tide began to carry | them down. Henry Peterson saw their predicament and sent one of his launches | to their assistance. Unfortunately while jumping from the ship’s boat to the launch | 'a man named Jansen lost his balance and | feli overboard. The undertow took him down and his body has not been seen Simce.. Peterson's crew searched for over an hour for th= missing man, and failing to find him landed the others on the trans- port. | RO 5 More Overdue Vessels. The California Ship Company’s Charmer is now out forty-four days from Puget | Sound for Kahulul, H. I. She loaded coal | at Oyster Harbor 'and the fact that she has a cargo of black diamonds and is for- ty-four days out would not alarm any- body were it not for the fact that she went out into.the great southeaster. The schooner Vine, now out 107 days from Mo- lindo.for the Sound. is also overdue and | fears are entertained for her safety. In all there are over a dozen vessels overdue | that not a soul will gamble on. The offer on_the Charmer is 15 per cent. the best risk of all, but there are no takers. For once the gamblers are scared. st 3 100 Marine Insurance Increased. The underwriters will take no chances | with the Alaska fleet this spring. Last vear there were many wrecks, particular- ly around Nome, and the losses were beavy. This vear they propose to cven up a little if possible. At a meeting of the Marine Underwriters’ Associations held yesterday it was decided that on all vessels taking the “outside’ Alaska the rate should be § per cent, While all vessels taking the “inside” pas- age. ng north ef Comox, B. C., must per cent. Even at these figures sk” will be only taken for six months, so it looks very much as though the underwriters were into the gambling business themselves and were now “posting the odds.” | The Charmer’s cargo and freight money are alone insured and she is classed as overdue, vet all the underwriters will pay to reinsure her is 15 per cent, while an equally staunch ship bound from here to Nome or St. Michaels will be charged the same rate before leaving port. i Steamer Hyades Libeled. Salusto Beeche and others fi, in the United States Distriet Court yes- terday aza nst the steamer Hyades to re- | cover $6100, the al value of coal de- | livered to the véssel Corénel, Chile. “Water Front Notes. The Klondike steamer Mary Ellen Gal- vin s once more in ission. When leted it was found t she drew too water for the Yukon and .-'!.x‘e was ure js not in S0 the flitting has been orders of Chief W ”I-lh on Friday. At the present time the Hay &| Wright, Bendixsen and Hall yards have | h ahead of them to keep all | ting here and there was_consequently a rush to send her away. While the cargo | was being rushed aboard a siing broke and six kegs of beer fell overboard. Four of them were recovered. When leaving the captain told the longshoremen they could have the beer in the other two kegs if they recovered them; provided they re- turned the “empties.” It took-those iong- shoremen about twenty minutes to recov- er the “full” kegs and about twenty min- utes after that the “empties” were turned over to the owner. On account of delay in the transmission of the English-Australian Is, the safl- ing of the steamshldp Sonoma 'has been postponed from to-day - until- to-merrow at 2 p.m. — NEWS OF THE OCEAN. Matters of Interest to Mariners and Shipping Merchants. The Rosamond Ioads merchandise for Hono- lulu; the Pengwern, wheat at Tacoma fox Europe. e ‘Wheat Shipment. The French bark Fugene Fautrel cleared yes- terday for Queenstown for orders with 86,682 ctls wheat, valued at $71.500, and 22,000 fee® lumber as dunnage, valued at $230. -— Slxipp;;g Intelligence. ARRIVED. Tuesday, January 22. Stihr Arcata, Nelson. € hours from Coos Bay, via Port Orford 3 heurs. vl!:flr Geo Loomis, Bridgett, 31 hours from ura, Stmr Santa Barbara, Zaddart, 72 hours from rays . Johnson, T7 houps from Willapa 3 Stmr_State of California. Jepsen, § hours from Victoria and Puget Sound ports. 4 Stme Fulton, Levinson, 80 hours from Grays rbor. Nor stmr Tellus, Pedersen, 9% hours from Oyster Harbor. uBr Sh“l,‘ Matterhorn, Warren, 13 days from verpo e CLEARED. Tuesday, January 2. Thomas, San Diego; Goodali, Doran, Astoria; Oregon Murk, Astoria; Fr Eugenie Fautrel, Le Huede, Queenstown; Girvin & Eyre. Honolulu; Williams, Di- SAILED. Tuesday, January 22 Novander, San Pedro. Hansen, Seattle. Stmr Queen, Perkins & Co. Columbia, d_& Nav_Co. Bark Ferris S Thompson, Hume Bros & Hume. Bonita, Seotia. 'Jacobs, Mandilay, Reed. Coquille River. Gipsy, Leiand, Santa Cruz. San #Pedro, Jahnsen, Eureka. Navarro, Green, Bowens Landing. Empire, Macgenn, Cocs Bay. Glen, Johnson, ——. John' A, Nilison, Grays Harbor. Mary Buhne, Weber, Eureka. Rio Rey, Skipper, Mendocino. Glen, Johnson Aloba, Fry, Honol Gulde, Olsen, —. Barbara Hernster, Olsen, Point Arena. TELEGRAPHIC. POINT LOBOS, Jan 22, 10 p m—Weather clear; wind NE, velocity 5 miles. MEMORANDUM. Jan 19, lat 37 N, lon 127 W, saw a Fr bark, double topgallant yards, no royals, DOMESTIC PORTS. . GRAYS HARBOR — Salled Jan 20—Schr Henry Wilson, for San Francisco. Arrived Jan 20—Schr Laura May, hence Jan 10. Arrived Jan 22—Schr Roy Somers, hence Jan 12; schr Lizzie Vance. hence Jan 16. PORT TOWNSEND-Arrived Jan 22—Stmr Dolphin, from Ala Br stmr Port Stephens, from Manila; schr Mildred. from Honolulu; schr Falcon, from Salina Cruz. Arriyed Jin 2—Br ship Dunstaffnage, from R"l"’:%()llA—sgned Jan 22—Schr Glendale, for San Pedro. EUREKA—Arrived Jan 22—Stmr Eureka, hence Jan 21: schr Ida McKay, from San Pedro; schr Sparrow, hence Jan 19. Safled Jan ?2—Stmr North Fork, for San Francisco. PORT LOS ANGELES—Sailed Jan 2—Stmr Greenwood, for San Francisco. ATTLE—Arrived Jan 22—Stmr Dolphin, ‘Alaska. NEAH BAY—Passed in Jan 22—Stmr San Mateo, from Port Los Angeles. for Nanaimo. Passed in Jan 22—Br stmr Algoa, hence Jan from. 19, for Nanaimo. ‘ RE CITY. Or—Arrived Jan 22—Sehr Gem._hence Jan 1S CRESCENT CITY—Sailed Jan, 21-Stmr Del for San Francisco. EASTERN PORT. NEW YORK—Arrived Jan 2—Stmr Allianca, from Colon.* 1" FOREIGN PORTS. ANTWERP—Arrived Jan 19—Getr bark Ath- Norte, ene, from ma. NEWCASTLE, Aus—Sailed Jan ship Anna, for San Franeisco. Jan 2I- Jas na. C. Eor to Jan 13-Br bark Senator, for Royal HIOGO—Salled Jan 21—Br ship Eulomene, for Royal R HONG: 22-Br stmr Car- lisle City, for San and Francisco. Jan 22-Stm# City of ‘Rio de Janejro, ‘for San Francisco. <, Arrived Jan 21Br stmr Empress ot Indis, A Satled Jan 22—Stmr Sierra, for SHANGHAT Arrived Jan 21—Nor stmr Eids- In port :m'n—:- .::n... Franclsco, at Jan 11—Ger stmr Tot- PR PIRIE Amiwd Jan 2-Schr King Cyrus. trom Ludlow. : mfiw Jan 20-Ship -Para- T PAz-Saied Jan 16-Schr Laura Pike- fer, for San 2 SANTA ROS. for sea Jan 17—Br Y ALPARAL ALIA—Ready. ship Thistle, to safl Jan 19; Br shi o Thix D Comiie- Arrived ; ship Marton o Jan ship An:co.’dha&m- -Arrived Jan 22—Br bark e o B Cxa: | Jan 22-Stmr | American, + VICTORIA—Arrived Jan 2—Br stmr Vie- toria, hence Jan 19. OCEAN STEAMERS. NEW YORK-Satl Jan 22—Stmr Georgic, for Liverpool; stmr Columbfa, for Geno: HAMBURG-Arrived Jan fl-Stmr Hérodot, for San Francisco. BOULOGNE—Arrived Jan 21—Stmr Potsdam, trom New York, for Rotterdam. LIVERPOOL—Arrived Jan 22—Stmr Domin- fon, from Portland. GLASGOW-—Salled Jan 22-Stmr Norweglan, for Portland, M AUCKLAND—Sailed Jan 22—Stmr Sierra, for San_Francieco. GREENOCK—Sailed Jan 22—Stmr Corean, for Philadelphi: SINGAPORE~—Salled Jan 22—Stmr Glenlochy, from Tacoma, for Liverpool. MOVILLE—Arrived Jan 22-Stmr Furnessia, from New York, for Glasgow. REMEN—Arrived Jan 22—Stmr from New York; stmr Prinz Lui New York. ANTWERP—Arrived Jan 22—Stmr Kensing- ton. from New York. ROTTERDAM—Arrived Jan 22—Stmr Potts- dem, from New York. — Steamer Movements. Mannheim, toold, from TO ARRIVE. Curacao.. . Mexican Ports Robert Dollar.. Seattle Progreso. Mezxican Ports ... TO SAIL. Steamer. Destination. [Salls.| Pler January 23. | ‘ & Portland 11 am|Pier 2% Diego 9 am Pier 11 Humboldt 2 pm|Pler $ Grays Harbor 5 pm|Pler 2 Honolulu v. Pgt Sd/12 m/Pler 2 Coos "Bay .12 m{Pler 13 o J-?n{ly 24. | | o coq < i Blonakons Ma| China. and Japan..| 1 bm/EMsSS. | 3 am|Pler 7 | 9 am/Pler 2 H am|Pler 11 | e 26, | T State of Cal.. pyget Sound Ports|11 am/Pler % W. H. Grays Harbor ¥ Point Arena 2 Carlisle City. pan. Acapulco... |Panama & Way Pislil @ PMSS G. W. Elder..|Portiand & Astoria/il am Pler 24 na . St. Paul Bonita Sun, Moon and Tide. United States Coast and Geodetic Survey— Times and Heights of High and Low Waters at Fort Point, entrance to San Francisco Bay. Pubiished by official au- thority of the Superintendent. NOTE—The high and low waters occur at the city front (Mission-street wharf) about twenty- five minutes later than at Fort Poin he height of tide is the same at both places. o WEDNESDAY, JANUARY = Sun rises B OUNEREEE E4 . Time Ball. e B January 22, 101 The time ball on the tower of the new Ferry 1ding t exactly noon to-day— % [ & o'clock p. m., E-. 'HOME STUDY CIRCLE FOR CALL READERS nsidered in the Law ‘Lessons for Employers and Employes. Copyright, 1901, & XV. A very difficult clase of cases to de- cide are those in whick an employe is in- jured by a foreman. As an emplover is liable for his own nexligence, he is als> liable for the negligence cf any one repre- senting him. When an employe Is there- fore injured by a foreman the employer's lability turns on the cuestion, Did th=> foreman represent him or was his main function or duty like that of the other empioyes? In a case that arose in Maine the court declared that the great weight of authority was to the effect that all ‘who serve the same master work under the same control, derive authority and and are engaged in the same general busi- ness, though it may be in different grades | or departments of it, are fellow-servants who take the risk of each other’s negii- gence. “The fact that the negligent ser- vant, in his grade of cmployment, is su. perior to the servant injured does not, in | the opinion of most of the courts, take the case out of the rule; they are equally fel- servants and ‘the master is not lia- Within the meaning of this rule a mere foreman of work is generally re- | garded as a fellow-servant with those un- | der his control. But if the master has | delegated to the foreman or superintend- | ent the care and management of the en- tire business or a lJistinct department, then the rule may be different. | In the case to which this rule was ap- plied a crew of men were engaged under a foreman in repairing a dam for a com- pany and one of the men was injured by the carelessness of another who acted un- i | Jder the direction and immediate observa- | that the repairing of the dam was a com- mon job*of work and that many men were employed without essential distinction of the crew. The foreman did not appear to be a general manager, but merely a fore- man in a special job of ordinary risks of the that some man among them might make a miscalculation or mistake. The act com- plained of was commitied under the fore- man’s eye, but undér the injured man's eye as much, as far as appears. So the foreman was regarded as a fellow-em- loye iike the rest and the company was eld to be not responsible. Does a Foreman Represent His Em- ployer? _ Ome cannot help thinking a second time of the remark of the court that some man among them might make a miscalcu- lation or mistake resulting in injury to others. This is very truc, but is there not men? moving, Yor example, a heavy stove. Eacn the suggestion of one of them is adopted and in moving it one or all are injured. in this case plainly the risk is their own and se he appoints one of the three as a Foreman ia move the stove and he gives an grder concerning its removal which re- sulf§ in injury to one or all of them— act of his employer anG remnder him lia- ble? Car Conductors. Suppose a fellow-servant is clothed with some special authority. as a railroad con- ductor, for example, does he thereby be- come the agent or representative of the company, rendering it Hable for his acts when it would not be otherwige? Thus in the case of Wooden against a rallroad in New York the company had a printed rule Tequiring conductors of freight trains to apply for instructions, or to cut off cars I{mtihey had any doubt of making a safe passage over a summit with dangerous rades. It was claimed that by giving fim this_authority or direction he was changed into a representative of the com- pany. The reason for making this claim was that in conducting his train a train- man_was injured and he knew that he could not hold the company liable if the conductor and himself were fellow-em- ployes; if the{ were not then the company would be liable on the ground that the conductor was its agent, its representa- tive. The court said that “a conductor of a railroad train is frequently called upon, in the proper exercise of its functions, to use his judgment: but it would be absurd to say, when exercising that judgment, that he was necessarily transf from the mere servant to the agent or repre- sentative of the master.” A superintendent or assistant superin- tive of his employer, and in most cases, we have seen, a railroad dispatcher of trains is also included. Neves case by the counsel for a railroad com- pany. But the court . as between the conductor and the company, the assistant, to whose orders the trains are all subject, is the representative of the corporation. His orders to the conductor of a train are essentially the orders the loyer. This rule applies as well to all orders is- sued by his assistants in his office and is- sued in his name. If those intrusted by him with the management of the business of the corporation by orders issued in his name neglect to issue a neécessary order, that is his neglect and the negligence of the corporation. The Rule in West Virginia. In one of the more recent cases the Su- preme Court of West Virginia, -after re- vlewllfi many decisions, remarked that the rule to be drawn from them seemed to be that two servants of the same master were not fellow servants when one acts in a superior capacity to the other in re- ard to some uty due from the master. §a such a case the master was Hable for any injuries to the subordinate caused by the negligence or carelessness of the supe- rior. “At one time,” the court added, “to make the master responsible he must have instructed this superior servant with the actual control of all his business.” After- ward this view was modified, and it was S i 7 the SRR Srvan [er St n is under the control and subject to the orders of the superior servant.”” Finally the court sums up the present rule thus: That only Where servants are so far working together l:s to be mfi?ycltny co- ve oppértunity o con- he of each ozne;: trol or influence ti nd have no superiority one over or, are they to be regarded ot! as fellow-ser- are paid from the same common soures, | tion of the foreman i Going the act which | caused the injury. The court remarked | '& One of the el yment was | a difference between a foreman and other | uppose three men are at work | suggests a different way of moving it; | | they cannot 100k to their employer. Sup- | ought not_his act to be regarded as the | tendent is clearly an agent or representa- | as | train if his employment was in a common eless their | relationship was doubted in one Illinois | ¥ Seymour Eaton. which ;was the pursult common to both, and they were under common pay and @ontrol of that master, and it is no matter that thelr work was dissimilar. Neither | was the agent of the master as to other.” This is in harmony with the early | of Massachusetts, which was thus in the case of Gilman vs. Eastern R road: “In case of an ¥ vant by the nmegligence immaterial whether he w he who sustains the injury are o engaged in the same or similar lab in positions of equal grade or auth: If they are acting together under | master in carrying out a common objec {they are fellow-servants.” This, ho ever, as we bave just seem, has be | changed by statute. Application of the Rule to a Factory Operator. | This rule was afterward applied to a superintendent and operative in a cotton factory. What do our readers think the court decided? It was held that th toc were fellow-servants, and consequently the operative failed to recover from the | company for an injury caused by the su- | perintendent’s negligence. The court said it cannot affect the principle that duties of the superintendent may be d erent, and perhaps may be considered ¢ a somewhat higher character than those of the operative; inasmuch as they are both ¢he servants of the same master, have the same employer, are engaged i the accomplishment of the same general object, are acting in one common service, {and derive their compensation from the same source. The courts of West Virginia would have decided this question very differently, for surely the operative “was under the trol and subject to the ord 2 superintendent, and _this separation tween them was sufficient to create th relation of superior and subordinat other words, there was no fellow vic between them. What would the courts of other States do with this question now, for the decision was made quite ffty | years age?, Many of them doubtless | would follod the West Virginia rule and hold that the cofhgany was liable for the act of its superinfendent. The Ohio Raule. A decision was rendered in Ohio in 1554 which merits fuller notice. It was the case of a brakeman against a railroad cnmrflny wha had been injured the negligence of the conductor of the same train. An elaborate opinion was rendered, in which the court remarks “that the servant takes upon himseif all the o | nary risks incident to the business, in- | cluding Nability to injury from the negl gence of ather servants employed with | him by the common principal, buz bav- | ing no control over the business, or the | servant who receives the Injury, we are quite ready to admit. In such case they stand to each other as equals and ar | alone lable for the injuries they inflic After stating this rule the court proceeds to incuire what relation the brakeman stands to the conductor; are they fellow- servants, co-operating to the same end. like half a dozen masons who are cufting a stone or a gang of carpeaters who are working together in the absence of their chief, or does the conductor oecupy a su- perior position which prevents the crea- tios of any such idea as that of fellow- service? The court has di [ finding an answer. They are not fellow- servants. This conclusion rested wholly | on the idea that the company fro | very nature of its contract of servi its employes was under obligations fo ithem, as well as they to the compan | Among them were the obligations | perintendand control, with skill | the running of its trains. For t se the conductor was employed, { Bo™his hie directly represented fhe co | pany.” They commission him to exercise ! that power over the operation of the tr: which essentially pertains to the o ‘and in exercising it he stands esse k#n its place. This service is not {fo him, and the hands have nothing to do “His duties and thefr duties age {‘entirely separate and distinct, althou | both are necessary to produce the resuit. | It is his to command and theits to obey | and execute. No service is common that | does not admit of a common participation, | and no servants are fellow-servants where | one is placed in control over the other. ! Common Laborers. A case has come before the Supreme court of Florida in which the same ques- tion was again considered. A common ia- borer was injured by the negligence of | engineer. Were they feilow-servants? The | court drew a line beiween the engineer | and the other employcs of the company. | “If one were engaged as a common labor- | er to work on the roadbed or gravel traim | he could not be a fellow-servant with the | engineer or conductor of a passenger | train, but would be a fellow-servant with all emploved on the roadbed or gravel work and brought him in immediate conr tact with them and msk through them.™ This distinction is clearly stated by the court. One of a ganz of men may b the fellow-servant of the others except the foreman, and if injurec by them there is no remedy against the company, but if injured by the foreman he can recover vice principal or represent: company. Such is the law in_ and in many others, out not in all Wa have seen that there are wide departures in the States as with respect to fellow- gervants. In gemeral the Western States are inclined to narrow e relationship ! and hold the employer for the neglige: of his representatives. agents. foremen and others who direct them on the ground that they represent the company and ar= not fellow-servants. In the Eastern States the T is to regard foremen and other directors of men as fellow-servanis unless it is very plain that they camnot be thus classified. | ~ What tests shall be applied to determine when they are fellow-sgrvants and whea Tot? Vaclous ones. as we have seen. have been applied. In some of the States courts say that a forcman. to comst him vice principal, must ha\'lc coma oL ., with power- to. employ an — 'l. i order to mak om- ble other pri In power to direct and con- t Jation. The tendency of the courts is-in direction of the latter rule. b - ALBERT Harvard College. BOLLES. Which of Sir Walter Scott's novels story-teller a pleasing story- r g T what was fought “the 201. Near dn:‘”nm?h sanie S oo 7 i leon? 202 bella