The San Francisco Call. Newspaper, January 30, 1901, Page 7

THE SAN FRANCISC PAI'NES CELERY OOM’POUND THE ONLY REMEDY THAT ALWAYS CURES. senaior Dwyer Gives Full Credit to Paine’s Gelery Compound. has been for | w,the general prescription t practitioners of medicine elected to the Illinois State Senate, in ch body he took a prominent part dur- last winte: session. Dwyer has > ing ator recommended | of matting. | and there discharged. 2O CALL, -WEDNESDAY, JANUARY, 30, 1901. —|FISHERMEN ARE MAKING MONEY DURING RUN OF HERRING TRIBE SCENB ON MARIN SHORE, WHER! RUN IS EARLY THIS YEAR. 1 B MORE THAN FI g— HE herring fleet made a great showing on the Marin shore yes- terday. One of the prettiest sights | ever seen on the bay was the five score of lateen rigged boats dar:- ing from point to point and loading up with the small fish. The run this year is early and an unusually heavy one. As a general rule the fish have come up past Melggs wharf and thousands of people used to watch the catch from the seawall. This year the herring has taken to the other side of the bay, and the fishermen are now maklng their headquarters at Sausalito and Tiburon. The canneries are getting ready and for weeks to come there will be a fixing up of herrings plain, her- rings and tomato sauce, sardines, deviled herrings and kippered lerrings that will resto the market: Not a_boat comes fish and in‘consequence all the men are making money and Telegraph Hill is jubi- lant. WHARF NEARLY DESTROYED. Lombard-Street Pier Has Narrow Es- cape From Fire. A few weeks ago the steamer Hero ar- rived from Hakodate with a cargo of sul- phur. She was docked at Lombard street Later she went to Harrison-street wharf, where she is now loading for Europe. Since her removal the sulphur has been removed by degrees until yesterday there was nothing left but a thick coating of the dust and a quantity During the afterncon some- . w Paine’s celery compound to many of his| body threw a match on the wharf and £ friends, and yet to hear anything but | then there was a blaze. The flames B the most favorable results from any of | spread rapidly and 'n a few minutes ths T them. whole flooring was _afire. The fire -ommending it| Busy men and women threatened with sed various medi- | effect of too prolonged, nxio fon, nervousne dyspepsia or other s of nerve exhaustion will find Paine's y compo urd an invigorator as supe- er remedies as modern sci- »ds are superior to old-fash- ate ones. en Paine’s celery compound is used, other members of the family are quick to see the great gain in health. ne's celery compound rcere pleasure is the on t 1 to the su- | known nerve feeder and nerve restorative. By its means all the functions of the body receive a fresh supply of nerve food. 1t encourages t nf to dant this indispensable there can be no ss In Uving. of nerve force men and driven to despondency, melan- | vit Fr choly Ther. hea no persistent | P ARVERSEE. - o] _AMUSEMENTS. e | B SCO snc EESMEAR (‘“..Tfi“‘ TO-_'}GHT—F_UN FOR ALL! :\'o“"nir;vnm'uilm‘}il T D WITH STEAM Gillette's Comedy, LL THE nd Ennery’s Famous Drama, to ! COMFOR TS Yo L 1 OF HOME F o | et S G X s = M. WARD, as Sergeant O'Rourke. AY AXD SUNDAY. PR]CE -10¢, 15c, 2e, %;2: = KILGOT NE: First ction in Amer- u sh Melodrama, ica 7 The Big rng *A DAUGHTER OF THE MILLION.” d's SAN FR .c'scc'é LEAIG THEATRE A MOST I ING PRODUCTION. ! EVERY NIGHT, INCLUDING SUNDAY. MATINEE SATURDAY. Wagenhals & Kemper present LOUIS JAMES, KATHRYN KIDDER pr A M|dsummer Night's Dream, doLuMBik PIF va DAY, WEDNESDAY, Jan. 30. Baleony, 10c; Children, 1 HOW EVER IN 20 v In a stupendous scentc uction of | Third and Final Week of SAM LOCKHART’S 'BABY LLEPHANTS. 50c, 3Bc snd "or GREAT MUSICAL HIT! EVENINGS at 5. MATINEE SATURDAY at 2. FENCING The masTER By the Authors of *“‘Robin Hood.” Next Week—Planquet Great Comic Opera. NELL GWYNNE." POPULAR PRICES.. Telephone— OLYMPFIA LAST FIVE PERFORMANCES OF MRS. FISKE i “BECKY SHARP.” LAST MATINEE SATURDAY. MONDAY, FEBRUARY ¢, MBS, FISKE In »TESS OF THE D'HR![HVILL[S.“' Sale TO-MORROW at 9 & m Beats (THURSDAY), ‘QUEBITA VINCENT, ry Evening this week is & jolly CARNI- | San Francisco's Favorite. VAL NIGHT | MABEL HUDSON, With Thoss Funny Fellows, WHO CAN SING. The Laughing F‘fllllv TFast and Purious Er HANDEOM GIRLS—. * MURRAY AND MACK ily company of 40 Girls and the very best of musical ex- travaganzas. “SHOOTING THE CHUTES” “NUFF_SAID.” Eve—2e, 36c, blc and Te. Mat—ibe, Zic, nc and Hoc. Sunday After —Wm. Brady" 5 »duction, 'rl-m EOBROVEB ov Who Can Pose In Attitudes Gladiatorial. ANETTB GEOP.GE, PI-.M Everybod: Ard Our CBL) TED STO! MATINEE F\'!."RY NDAY AMATE[}ID"HGHT E\ERY FRIDAY, produce an | tug was notified and inside of fifteen min- utes Superintendent Brown was on th» | failure of nerve force and showing the | oo;e with the Governor Irwin. Sulphur too hard or too | s work by periods of languor, de- | cannot be drowned out, so every fire pump on the tug was put to work and the wharf was washed clean from end to end. The sulphur burnt itself out on the bay and now Lombard-street pler is the clean- est structure on the front. s * oy The Whitehall Mystery. “Who stole Dan O'Connell’s boat last Saturday night?” is the question bother- ing the boatmen at Meiggs wharf just now. Dan had been hard at work all day and tied his whitehali up under the wharf near the foot of Powell street last Satur- day night. In the morning the boat was gone and no trace of her could be found until The Call told the story of a white- hall found by the ferry steamer Tiburon off_the end of Alcatraz. The police seem to think that some | drunken sallor, who had been in a row on the Barbary Coast, stole the boat ani after getting aboard his ship left his bloody clothes in her, coiled .ne painter, chipped the oars and then set the boat | adrift. ————— Water Front Notes. The gasoline schooner Barbara Hernster arrived in tow Navarro last night. The former is wates- logged and the best speed the Navarro could make with her was about five knots “Ime steamer Mexico arrived from En- senada yesterday. Her owners may run her on another trip and then again she mszxmu‘s MOROSCO’S GRAND' OPERA HOUSE MATINEE SATURDAY AND SUNDAY. ——ALL THIS WEEK.—— CHARLES ERIN VERNER, THE GREATEST LIVING IRISH COMEDIAN, In Boucicault'’s Famous Irish Drama, ' BIG THE MORRISSES, GRAND ARRAH-NA-POGUE AN UNQUALIFIED SUCCESS. PRICES—10c, 15¢, 26c, G0c. A few front rows in orchestra, TSc. Good_reserved seat in orchestra at all mati- nees, 25c. Branch Ticket Office, Emporium, THE SAN FRANCISCO JOCKEY CLUB, TANFORAN PARK—THIRD MEETING. Monday, January 2, to Saturday, 9, Inclusive. SIX OR MORE RACES EACH WEEK DAY. £ix Stake Events, Three Hurdle Races and Six Eteeplechases. FIRST R.CE OF THE DAY AT 210 P. M. Trains leave Third and Townsend streets for Tantoran Park at 7, 10: 40, 11:30 a. m., 1, 1:30 p. m. Traing leave Tanforan Park for 15 p. followed atter the February 2on Fra Tast Tace at intervals of & few minutes by sev- m. eral specials. Seats in rear cars reserved for ladies and their escorts. Admission to course, including railroad fare, $1.25. MILTON S. LATHAM, Secretary. EDWARD POWER, Racing Secretary. CHUTES AND Z00 = VAUDEVILLE ' BILL! TO-MORROW NIGHT— ¥ | THE AMATEURS IN A BROWNIE SHOW, Telephone for Seats, Park 23. z: and 50 cents FISCHER’S CONCEEMHI?&ES!' Fairbanks Brothers, Nero, Fra ‘Harai O MR Eon | Lrrics wrd B fia Howell ettt ima u , 'THE ONLY FRBE VAUDEVILLE HOUSE | Ahern and Patrick l.nd le‘A-rIcehl' Oll’tha‘:tnl!:.“ | m CITY. Reserved Se Sunday. These hotels pos- attributes PALACE and HOTELS, poin g perfect cuisine San Francisco. and Eu- ropean plans. « of the steam schooner |v | may be laid up in Oakland Creek. F¥or | the time being, however, it looks as if the opposition line to Mexico was a thing of | the nast. The Panama Raflroad Company's St. | Paul sailed for Central American ports \esterdm. She carried but six passen- gers, one of whom was Miss Hays, daugh- ter of the captain of the steamer. All the freight offering could not be carried on the St. Paul and the Argyle will at once be placed on the berth. R e NEWS OF THE OCEAN. Shipping Merchants. The Andromeda loads wheat at Tacome ior Europe, 408 (1s 54 less direct), prior to arrival; | the County of Dumfries, wheat at Portland for | Europe, 41s 34, prior to arrival; the George C. erkins, lumber at Tacoma for Tahitl; the Matterhorn, wheat at this port for Valparaiso, 325 6d; the Mary Dodge, lumber at Everett for Kahulul; the Silberhorn, wheat at this port for Eurcpe, 38s 8d. e e iR Departure of the St. Paul. The steamer St. Paul safled yesterday for Panama with the following cargo to be trans- shipped to New York and Hamburg: For New York—42 cs herbs, 35 fisks quicksil- ver, 10 bales dry hides, §1 bales scrap leather, 1157 Ibs beans, G471 ctls barley, 85 bales old rub- [ ber, 25 cs horns, 166 bbls 1 sk seashells, 541 bbls asphaltum, 33 ¢s uniforms, $5 bxs horseshoe nails, 25 bales hose, 165,314 gals wine, 84 bales wool, 2367 plgs lead, 60 bales rags. Value, B ¥or Hamburg—11 cs hides, 31 sks seashells. Value, §1020. ——— Shipments of Wheat. The British ship Port Stanley cleared yester- day for Queenstown for orders with 78,897 ctls wheat, valued at $79,000, and 20,000 feet lumber as dunnage, valued at $300. The British ship Crown of Scotland cleared Monday for Queenstown for orders with 53,879 ctls wheat, valued at $34,550, and 15,000 feet lumber as dunnage, valued at $22. A Cargo for Mexico. The schooner Joseph Russ sailed yesterday for Salinas Cruz with the following cargo, valued et §7123: 250 cs 1000 kegs powder, 250 cs dynamite, 9670 railroad ties, 120 bdls shingles. PR e Notice to Mariners. SAN PABLO EAY—CALIFORNIA. Information has been recelved that3Pinole Point shoal buoy, a first-class nun, painted black and white perpendicular etripes, mark- ing the best water over Pinole Point shoal, San Pablo Bay, California, has been dragged out of position. It has been recommended that this buoy be discontinued. This notice affects the list of Beacons and Buoys, Pacific Coast, 191, page 25. By order of the lighthouse board. U. SEBREE, Commander, U. Inspector Twelfth Lighthouse District, Shipping Intelligence. ARRIVED. Tuesday, January 29, Stmr Bureka, Jessen, 26 hours from Eureka. Stmr Greenwood, Fagerlund, 16 hours from Greenwood. Mex stmr Mexico, Guaymas. Br stmr Bristol, Chemainus. Schr Herman, Hutman, 19 days lrom Alun. Schr Conflanza, Christiansen, 6 vs from Coquille River. Schr _Coquille, quille River. Von Helms, 9 days from McIntyre, 3% days from Andersen, 7 days from Co- Schr Ralph J Long, Isigekeit, 7 days from Stuslaw River. CLEARED. Tuesday, January 29. Stmr Queen, Thomas, San Diego; Goodall, Perkins & Co. Stmr. St Paul, Panama R R & S B Lin Br stmr Victoria, Blakey, Chemalnus; R Dunemuir's Sons Co. Br ship Port Stanley, Willlams, Queenstown; Eppinger & Co. Chase, Bktn Planter, Dimond & Co. BAILED. Tuesday, January 29. Stmr Geo Loomis, Bridgett, Ventura. Stmr Sequola, Martin, Fort Bragg. Stmr St Paul, Hays, Panama. Stmr Bonita, Nopander, San Pedro, Stmr Ginsy, Leland, s:mt. Cruz. Stmr Scotia. Walvi W H Kruger, Schr Newark, Beck, Echr (otama, Semgen, Coos Bay. Schr Jos Russ, Anderson, Salina Cruz. Schr Mary Buhne, x)an-mlx. Eureka. Schr Lily, Bottger, Umigs Sohr L Halbara, Zaddart, Burelea. SPOKEN. Jan 17, off Honolulu, per Br stmr_Aorangi— Ship A T Oeiten rom Kahuluf, for Tacoma: TELEGRAPHIC. POINT LOBOS, Jan 29, 10 p m—Weather cloudy; wind NW, velocity § miles. DOMESTIC PORTS. TACOMA—Salled Jan 20—Br stmr Caithness, G008 BAY -Arrived Jan 25-Stmr Arcata, hence Jan 22, S;fi!d Jan 20—Schr Monterey, for S8an Fran- sco; sfhr Abble, wr San Franeisco. %:led Jan 20-Schr Free Trade, for San AT TOWNSEND—Passed In Jan 20—Stmr Senator, from Alaska. Arrived Jan 20—Bark Vidette, Hays, Panami Honolulu; Wlillams, from Sallna ODORLESS [ COOKING ) P\ It is perfectly digestible, which lard is not, Itis cleanly and free from disease-taint to which swine, from which lard i made, are liable. ics can with impunity enjoy foed made with It goes mj‘z-fituhdorhmwi therefore cheaper. Wesson's Salad Oilis far greater value than the finest diuodudhddse-mhvw Ask your Mvaw-mly y_vkhWn-w <Y TVE SCORE FISHING BOATS ARE AT WORK NIGHT AND DAY CATCHING THE MILLIONS OF HERRING THAT ARE NOW COMING IN FROM THE OCEAN. THE Matters of Interest to Mariners and | o X Cruz: Br ship Tamar, from Callao; Br ship Ardromeda, from Shan EUREKA—Arrived Jan n—st;nr North Fork, hence Jan 27. c‘Ssulecl Jan 28—Stmr Eureka, for San Fran- 520, Arrived Jen 20—Stmr Alllance, from ot land; stmr Pomona, hence Jan 28; stmr News- boy, hence Jan 27, Sailed Jan 29—Stmr _ Brunswick, Jor Sen Francisco; schr Jennie Wand, for Hik ASTORIA-Safied Jan 20-Gér stmr Milos, 1 Yiokohlmn schr W F Jewett, for San Fran- clsco. REDONDO—Sailed Jan 20—Stmr Newburg, for San Francisco; schr Mabel Gray, for Bu: Arrhed Jan 20—Stmr Aberdeen, from Ven- SAN PEDRO_Arrived Jan 25—Schr Noke- mis. from Tacoma. PORT LOS AI\GBLES—Amved Jan 29—Stmr San Mateo, from Nanaim FORT BRAGG-Sailed Jan 25—Stmr Sequota, for San Francisco. Artivea Jan B Stmr Nattonal Clity, an SEATTLE—Sailed Jan 28—Schr C 8 Holmes. for Ban Pedro. Arrived Jan 20—Stmr Senator, from Alaska. NEAH BAY—Passed in Jan 20—Stmr South Portland, hence Jan 24, for Roche Harbor; stmr Mackinaw, hence Jan 25, for Beattle. Passed in Jan ’3—5th MM’Y L Cushing, from Hongkong, for CRE! CITESailed Jan 23—Stmr Cres- cent ity 3 o San Francisco. FOREIGN PORTS. HONGKONG—Arrived Jan 25—Br_stmr Bel- % vt hiwww Dec 16; Br stmr Monmouth- shire, from MA. ILA—kSnlled Jln 27—Stmr Pénnsylvania, for SIIA GHAI—Sulled Jan 25—Br ship Khyber, Ore; O YDNBY_In port Jan 1-Ship Abner Co- for San Francisco. hence lech Cuue, for San Francisco. CALCUTTASailed ~Jan 19—Br ship The Highflel for VALPARATEO_Th port Nov 18—Br ship Car- radale, for Oregon. HIOGO-In port Jan 10—Br ship County of Linlithgow, for Oregon. _Jan Willy Rickmers, for MOLLENDOin port Jan é—Br bark Haw- thornbeak, for Otegon, YOKOHAMA —In port Jan 18—Ger bark Niohe, for Oregon. SALINA CRUZ—Arrived Jan 20—Schr Mag- from Seattle. gle C Ru: OCEAN STEAMERS. NEW YORK—Arrived Jan 29—Stmr Mesaba, from London, Sailed Jan ZZ-Elmr Lahn, for Bremen; stmr Bovie, for Liverpoo v Tan 31_Sumr Amsterdam, from Rot- terdam and Boulogne. LE OF WIGHT—Passed Jan 29-—Stmr Penul nla, from Hlmbul" and. Boulogne, for Plymouth and New York. LIVERPOOLArrived ‘Jan' 2-Stmr Tunis- tan, from Portland, Me. BHIMONOSEKI ‘Sailed Jan 23—Stmr Ekarps- no, from Hongkon, for Portland, Or. Y LADIVOSTOR-Sailed Jan 2i—Stmr Ping Suey, for Seattle. R 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. Published by official au- thorlly 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 Point; the height of tide is the same at both places. WEDN ESDAY, January 20. H o sgdgseud| g NOTE—In the above exposition of the tides the early morning tides are given in the left hand column and the successive tides of the day in the order of occurrence as to time of day, the third time column gives the last tide of the day, except when there are but thres tides, as sometimes occurs. The helghts giver ars in addition to the soundings on the Unitet States Coast Survey charts, except Minus sign (—) precedes the helght, and. thon the number given is subtracted from the depth given by the charts. The plane of reference is the mean of the lower low waters. - Steamer Movements, TO ARRIVE. From. Steamer. ./China via Bun Seatile & N. i{Roche Harbor. Humboldt |Seattie . ego. Portland and Astoria. *|Seattie Tacoma. 30 | negligently injured one of the men em- T servant with the injured employe. 'HOME STUDY CIRCLE BY ALBERT 8. BOLLES, LL. D. XVI—What does the United States Supreme Court SayP A few years ago the United States Su- preme Court was required to answer this question: An engineer named Ross, in ! the employ of the Chicago, Milwaukee and St. Paul Railroad, was injured through the negligence of the conductor of his| train. It collided with another, and he | had neglected tc give the engineer anj‘ | order for the running of his train, as the rules of the company require. The en- gineer sued the company, and it sought to shield itself behind the rule that the en- | gineer and conductor were fellow-ser- | vants. What answer did the court make? | The opinton was given by Justice Field. | He began by inquiring, *“What is essential | to render the service in which different persons are engaged a common employ- ment?’ He remarked that the question had caused great conflict of opinion, and then described how far the English courts had gone In sweeping men employed by the same person into the same class as fellow-servants. One of these cases, which perhaps had gone further than any other in this country, was Holden vs. Fitchburg | Rallroad, decided by the Supreme Court | of Massachusetts, in which the court held that an employe could not maintain an | | action against his employer for an injury caused by the fault or negligence of an- other employe, even' though the two were not working in company nor had any op- portunity to control or influence the con- duct of each other. Indeed, the rule that they were fellow-gervants extended “to every case in which the two, deriving their authority and their compensation from the same source, are engaged in the | same business, though in different depart- ments of duty Accordingly it was held | that in that case that a corporation was not liable to a brakeman on one of its trains for injuries suffered from the negligent setting up and use of a derrick by work- men employed in widening the railroad, on the old ground, forsodth, that he was a fellow-servant with those employed about the derrick. That case marks the extreme verge of the law, and no other in this country, except the Farwell case, the oldest dealing with the subject, was cilted to sustain such an advanced posi- | tion. After this introduction Justice Field took up the immediate question. He re- marked that there was a clear distinction between servants of a corporation that exercised no supervision over others en- gaged with them in the same employment and its agents who were clothed with th control of a distinct department. “A con- ductor having the entire control and man- agement of a rallway train occupies a very different position from the brake- men, the porters and other subordinates employed. He is, in fact, and should be, treated as the ptrsonal representative of the corporation, for whose negligence it is responsible to subordinate servants.’ Justice Field then reviewed several cases in which this opinion had been de- clared by the State courts, dwelling at length on the Keary case, decided by the | Supreme Court of Ohio, which was noticed in a previous article. Four judges dissent- | ed, however, so that the rule was adopted | by a bare majority of the court. As soon as it was anncunced :riends and critics quickly rose to the surface. It was clear- ly contrary to the prevailing view in many States, yet the rule was . deemed most just and wise by those who under- stood its far-reaching importance. North Carolina State Court’s Action. The State courts had not long to wait for an opportunity to use the Ross de- cisicn as an authority in support of their rulings, or to frown upon it. In almost every case the opinion was regarded with favor. The Supreme. Court of North Carolina was one of the first to give ut- terance. The occasfon was the review of the case of Mason agzainst the Danville Railroad. The court boldly said that the Ross case contained “the clearest anl most philosophical discussion of the sub- ject,” who are servants engaged in a common employment, “to be found in any authority to which we have had access. This view of a conductor’s relation to hi employer ‘“‘seems to us a reasonable and {ust one, and it will insure care in the se- ection of such agents, and thus give greater security to the servants engaged under him in an employment requiring the utmost vigilance ‘on their part and prom and unhesitating obadience to his orders. Louisiana. In Louisiana the Supreme Court, after regarding the decision with favor, de- pressingly remarked that “in matters of this kind where one enters upon the study | of the infinite ' number uf decisions which had been rendered by a multitude of courts, he encounters a _maze of contra- dictory decisions and an infinite variety of qualifications which stupefy the mind | and render it impossible to reach a con- clusion consistent with them ail.” *“No | doubt,” added the court, “this principle might receive extension to other relations between officers having the right to com- mand and subordinates subject to such command.” South Carolina and Colorado. In South Carolina the Supreme Court | strongly opposed the rule in Ross’ case, the court remarking: “It seems to clear that unless the conductor of a rail- road train is, while in eharge of the traln. the representative of the company, then the train is being run without any repre- sentative. He has entire charge of the | train and every employe on it is subject | to_his orders.” The Ross decision was also opposed by the Supreme Court «f Colorado. The case calling for an application of the rule re- lated to a superintendent or foreman en- gaged in extending a railroad, who had &nyed under him. The foreman ha1l anged the tools and cars used in doing the work and employed and discharged the men. The court remarked that in no proper sense of the term was he a fellow- “Th comen.ny had placed kim in charge of the work, with full direction lo control and ervise it, and he must be treated in re ‘erence to this work as its representa- tive—as vice principal. The company Is answerable to all the under-servants for the negligence of such a representative while acting within the scope of his em- ployment.” Virginia. In Virginia this question has arisen sev- eral times since the decision in the Ross case, and the rule has been approved. In ohe of them while a train was still the conductor required a brakeman to get on a frefght car and let off the brake. As he | was getting on top the conductor signaled the engineer to back op; he obeyed, the cars came together and the brakeman was crushed. The company was held liable, because the conductor was regarded as its agent, and not the fellow-servant of the brakeman. “The nefl!sauce of the con- ductor was the negligence of the com- pany.’ Another Federal Case. The rule in the Ross case was after- ward applied by one of the Judxe- ‘who took part in its decision, Justice Miller, while sitting as a Circuit Court Judge. A Tommon hand, engaged in_ disthipting fron ralls alonz .the side of a rallroad | track, was injured through the negligence of the engineer who was managing the switching engine used in transferring cars from one place to another. After deciding that the common hand and the engineer were not fellow-servants he added that result of the this was ‘“‘the necesn? latest decision of the umm. Court of the United States on the same subject,” meaning the case. California. be m'ntlon.d of this u‘.;‘:‘y e oproval Pt e. .- lddl'- figonru have 1!1; mt.hrmpo of author- ts with those under '.h-n“.‘. 7 FOR CALL READERS Law Lessons Defining Fellow Servants in Relations Between Employer and Employe. Copyright, 1801, by Seymour Eaton. co-laborers, but the Supreme Court of the United Stafes begins to turn the tide.” The Supreme Court Reverses Itself. Not an altogether vain hope so far as the State courts can ald in turning the tide, but vain indeed with respect to the United States Supreme Court itself. For ere long it reversed itself. attacking its own rule. This was done in the case of Baugh against the Baltimore and Ohio Raflroad. A fireman was injured through the negligence of the engineer, both of whom were managing an engine attached to a freight train. A rule of the company provided that “whenever a train or engine is run without a conductor the engineman thereof will also be regarded as conductor and will act accordingly.” So the question under the operation of this rule was pre- cisely like the question in Ross’ case. Yet the court decided that both were fellow- servants and ntly the company was not liable. pns for this re- versal, which ted by Justic “Prima facile, unless there ‘all who en- were Brewer, may be given. begins—in other words, some proof to the contrary ter into the employ of a single master are engaged in a common service and are fel- low-servants, and some other line ¢* marcation than that of control gmust exist to destroy the relation of fellow-servants. All enter the service of the same master to further his interests in the one enter- prise; each knows when entering into that service that there is some ¥ of injy through the negiigence of other employes, and that risk, which he knows exists assumed in entering into the employ- ment.” Mr. Justice Field was stiil a member ¢ the court and dissented most vigorou: from the majority, supported by the C “hict Justice. Last year the finish was made of the Ross case. Mr. Justice Shiras wrote the opinion of the co and reviewed at great length the decisions rendered by the Btate courts, showing clearly enough that the rule in many of them was in haromny with the new rule established by the Fed- eral court. Thus the attempt made by the Supreme Court in the Ross case tc convert a rallway conductor into a se vant or agent of his employer has entire- ly failed, and he still ranks as a fellow- employe along with the brakemen and other trainmen. Furthermore, it will be seen from the extract quot ice Brewer's opinion that general regarded as fellow ants and thus the doctrine announced in the case of Priest- ly and Farwell, described in the fi of this series of papers, has at last been stretched to include almost all servants working under a common employer and relieving a company or employer from all labilfty to respond for their negligence, on the ground that the employes, whether few or many, assumed the "risk. _Po sitly the Supreme Court might hold, the case of a railroad company, that the president, vice president and superintend ent and a few other officers are its agents and not fellow-servants of the thousands working under their immed: or remote direction; but who are its agents and who are not? The last case, that of Conroy, leaves all in thedark. It smites down every rule that the courts have tried to draw between agents and non-agents employed by a company; it shows that they are all based on a fl&ndv foundation and ought not to stand. then, is left of this doctrine of fellow rvice? We cannot see anything in the way of a Federal rule. It is true that a few of the leading of- ficers may still be regarded as agents, for whose acts their company may be liable, but the rt does not take the trcuble to define em. Perhaps It was not worth while, for they are so few and so remote from the work of most of the employes that no occasion is likely to arise in which they would incur any negli- gence whereby others would suffer. It is quite in harmony with the whit- tling away and overthrowing of this dis- tinction, and the sweeping of almost every employe within the same common class, as fellow-servants, to diminish the labil- ity of employers for the competency of their employes and the fitness of the ap- pliances the . We have seen that while they were responsible for these in the beginning Massachusetts had led off in declaring that an employer is not re- sponsible for the neglige -e of an agent in not keeping them in re, .ir. One would suppose that if it was responsible for the fitness or suitability of an appliance in the beginning it logically ousht to be held re- sponsible for keeping it in repair. 't s0, says the Supreme Court of Ma: b setts; we will apply a different . The men who repair are fellow-agents with those who use the appliances, and there- fore their common master is not responsi- ble for the comsequence. It is true that the courts in most of the States repudiate this doctrine and hold with strong reason furnish safe and suitable appl n the beginning he must also keep them in repair. It is true he can furnish those which are not safe and suitable if thos: who use them know their true character and the defects are so obvious that they ought to have known them; but it should not be forgotten that whenever the mas- ter dces this he is regarded as negligent with respeet to other servants who may be injured by them, unless they also Mave knowledge concerning them. With re- spect to these, therefore, the master's lia- bility continues in the same way and to the same extent as though their defective character was unknown by any one save himself. ALBERT 8. BOLLES. Haverford College. Note—This is_the concluding paper of tlhh course. There will be no examina- tion. Ay HOME STUDY CIRCLE QUERIES. 209. The grave of what revolutionary general could not be found when Congress wished to put a monument over it? 210. What American woman _devoted herself to ghe care of the sick and wound- ed during ‘the siege of Rome? 211. Who was George Washington's suc- cessor as commander in chief of the Unit- ed States army? ~ 212. What American has been President, Vice President, Minister to England, Gov- ernor and member of the Senate? 213. What American was President of demy ‘f Eng! :md . What anthor left a work in ranpr no( intended for publication, that has since become a classic? 216. What American general was called by his soldiers “Four-Eyed Georse 217. Who first made the motion in the American Congress declaring the colonies free and independent? 218, What early English dramatist killed a fellow-actor in a duel? 219. What_classic writer on his death- bed ordered the burning of his writings wh]ch have been textbooks nearly 20 ears Y5%. What _American colonel when asked how long he could hold his position re- pll(ed; “Until my regiment is mustered 221. What revolutionary general was expelled from member=hip in the second Congress? Answers. 193. " Adolphe Thiers. 194. Otto Yyon !'s— 1%5. Joseph Bonaparte. 196. .** "197. ‘Constance Fenimore Coov—r 198. Louls Philippe. 199. Plato. 200. Heid berg Castle. Leiostc. 202. Ignati Loyola. 28. Mary Queen of Seotts. ML Laurence Oitphant, Dean Swift. 206, mes I of Eng] Peregrine White . Queen Henrietu Maria. . General Nathaniel Greene. 210. Margaret Fuller. 1. Alexander Hamilton. 212. Van Buren. 213. Benjamin West. 14 Joseph Hopkin- son. 215. Samuel Pepys (In his Diary). 2id. General Meade. 217. Hichard Renry Lea. 218. Ben Jonson. 219. Virgil. 220. Funston. 221, Anthony Wayne. . Merchants’ Club Election. The annual election of directors of the Merchants’ Club took piace yesterday and resulted In the choice of the followin; named: W. Newnall D. Loveland, Willlam L. Gerstle, G. Bak‘her. F. S Slntton. T. P. Smith E. E. Kahn. the directors Wfll meet and elect oflcen for the term. * No extra charge is made for riding om the California Limited of the Santa Fe, although the superiority of the service is really worth something more. .