The Seattle Star Newspaper, December 7, 1908, Page 5

HY OUR COURTS ARE CRITICISED BY C. A. REYNOLDS TAROT case decided Ms 4] Awk any attorney practtoing at ea Moar supreme court (Grim jour bar what tho law on this gab Harenia Light & Powor Ce ot Is, and he will toll you that tt Judge, Danbdar 1 con | now Hee somewhere between the Bt bat Judge Hadk 1) Ross case on the one aside, and Be et fear that It will be difti| those canon, by which the law ax te determine what the lald down fa the Rosa caso was! Jon to fellow servants | overruled by the same court, The ate Roas cage lald down the. propos! i fal privet re to! tion that the fellow servant rate ipind What the chart ty to shall be restricted “to cases where | When we sail out of the | the fellow servants are engaged in *, we the same department and act under eame Immediate direction.” It ‘of fundamen al # ship tray an wm | th | tend that }unfortunately show that wher doctaiona followed made records this has not been followed, the overruling of the old decision has roaulted: almost tnvariably of the rich and powerful find our United states supreme court relieving the ratlroads of voaponatbility oocasioned by — the one should be The in favor We here negligence of a viee-princlpal by overral thelr own decision, and We witnowa our own courts refusing to overrule a ectaton admittedly wrong, and whieh overruling would esult in advantage to the poor the expreaw ground of lo in wrong, We are opinion that the Ume to right wrong fa at the first opportunity snd courte oboe judges or inaividual who refuse on any ground whatso. ever to do juatioe, It matters not What others have done, are just subjects of ertttota a Reasons for Law. ‘em A ship niay land safely | was there hetd that a conductor of | It Is our purpose to briefly state Rand she may be wrecked @ ratiroad train does not bear the | the reasona for estadlinning the Totes tet, In attempting to/ relation of fellow servant to the |/®¥ exempting the master from aan what the law is a engineer and other employees ort bttity for the negligence of fellow tion of It to the fact train, This decision was writ, |*¢rvants; the misapplication of the ed by practicn! cages, our) ten hy Chief Juation Fields, of the | fle by the courts, and tho remedy have, now and then, let go | United tex supreme court, |!Y,8 far as a remedy can be estab: mtat principles, upon | Afterwards same court sald, and | shed by legisiation. With refer Elaw of fellow servants is | now holds, that a conductor bears | °"* to legislation we know that Te gad ax a result, we find ft the relation of follow servant to the j We cannot legislate morality into id te determ! what the / rest of the employees on the train. the human heart, nor mentallty tn Se tervant now is in thia| Why this change? jto the human head, and that ff ' Lawyers most strenuously con either morality or Mentality are iis | doking in those who construe the § TIME AND MERIT TO MAKE PIANO REPUTATION. a Retin Such as Kohler & Chase. ve farned—fstablished 1850—With 60 Years’ Experience in the : Music Business —Ne ns Something You it means assurance as to quality—absolute satis-/ pa iu every purchase for years to come. To us it means a feed of right selling of the right instruments—the best, the} B and the inexpensive at prices and on terms that are| feasonable to buyer and seller alike / a repittation and ah experience such as Kohler &} fa safe guide for you when you start out to buy your! @.o¢ Autopians? another > music store just like Kobler & Chase's And it is not now possible for any other store! at equally strong and attractive line of instruments} ir customers. uk Chase have the best that can be made at any! “per best that can be made at moderate prices. ous Aeolian line, consisting of the artistic Weber, Wheelock and Stuyvesant. { o foremost pianists of the day The Weber Piano being used } Paderewski and Rosen Well as by all the greatest vocalists. Pianos—Used and indorsed by such noted compos-| d Wagner, Franz Liszt, Wilhelmj, Mme. Lucea,} , Sir J. Benedict, Mme. Essipofi and others of equal iBteck reliability is unsurpassed—unquestioned ous. J. & C. Fischer Piano, founded in America— of which over 11,000 have been sold by this house Satisfied customers—every one. Op @ famous Kohler & Chase Piano—in use for over a quar- century in California and Coast homes—safe pianos to! Btisfactory pianos for the home—the school—college or ory. Yon may ask your neighbor—in almost any sec- she-will probably say, “Yes, I have a Kohler & Chase, ways gives satisfaction.” This is the record ever since one was put oni the market—25 years ago. ‘ ddition to the above will be found here some twenty tes, representing the best—the medinm Bhd the inex- h sold either for cash or on our divided-paymient plan—| oF One, two or three years, payments monthly, fy, as, best suited to our customers’ dvance over cash prices for time accommodation— pay bank rate interest. quar- convenience, & CHASE, 1318 Second Av. -WEReR PIANO DEALERS nin Floor Tey Shop| place-to do Christmas shopping. Particular at- | has been taken in providing roomy aisles. Of jf} the “shop” is on the main floor—you don't have to |} it for the elevator. Special SPELGER & HURLBUT |f| MIVES prevail throughout the store. i | 1.25 Child’s Desk 99c d's Hardwood Desk, with double blackboard; Made; a very 62 er | ; resosas: oe TH ‘special 69c Tea Kettle, 35¢ |}! MSen Gray Geanite Tea Kettle, | guaranteed to be perfect; holds | 5 quarts; worth 690; 35c | | 0 Toy Bank, Of¢ Bteel Toy Savings Bank Copper finish; has. flat and good lock; worth 65c 8 Rooting Paper, $1.98 special $2.25 Wash Boiler, $1.49 Rochester Best Wash Bollet, has ap ee 4 pans extra he copper bottom and Eoompleto with nails, tin body with “fit in” cover and statiouary handles; spectal, Tuesday $1 49 75 Gas Lamp, 49¢ Hah; socein’ 91498 Tool Chest, 1.59 = Tool Chest, Our Own | Genuine Welsbach Gas Lamp, | me, 80 “toy” tools in the lot, complete with best imported | 7 One Con be vsed to ad opal globe burner and mantle; worth The; | pve pi I > F 85¢ Doz. Tumblers, Ea., 4¢ pcr” $1.59 t Latch, $1.20 ight Latch, haa ball Ynameled Thin Blown, 10- OVlinder, fitted With Ounce Tumblers, polished and iiver ke ‘ finished; a special bargain Tues day at, oa ‘cape $5.00 Carving Set $3.89 famous Keen Kutter 3-Piece Carving Set; has Stag handle and sterling silver mountings; best tem- p Ptred Stee] blade and ma h le gnetic sharpen ‘$3 89 i . 4c i fegular $5.00; special, set Tie" ,: oy koe | leaptain has of a ship, and in both | lng the master, law, it matters not how perfect the law may be, there will be defective construction resulting In Injustic The ordinary’ mind tnderstands the word “fellow servant” to mean those who work ° same job, for the a | probably for the same derivation of the word Tellow shows conclusively that the mean ing ta that of astoctation, compan lonship, a being together. Ther lg no fellowship betwee persons not together, and therefore fellow servants, in the populsr sense, as hot stretched and strained by judicial construction, means serv ants working together on the same job for the same master Master Blameless. Tho law f# that the master ts not responsible for the tnjur occasion ed one servant by the carelessness jof his fellow, What is the reason lor th The answer is atmp The master is not at fault. T le nothing done or omitted to b |done by him th aed the Injary. In aim lang master is not guilty, and ‘he should not be for an tn. held reer ry which was in po msible me jhe So long as the master has used due diligence jo the matter of the cmployment of the servants to seo that servants are em be held re proper he could not Mable for an injury ercasioned one | servant the of another. In Place of Master. There are by hegiigence positions, however, where the master employs others to represent him, and the act of this person must be held to be the act of the master. [f thie weye not so. & corporation, which saned of neces sity act through agents, could not be held for its wrongs at Persons jaeting for the principal are called view. principals. The question. which caused the grea, divergence jof opiuton among the courts, Is, who are vieeprincipals, The supreme court Of the United States, as we have seen, held tn ope case that the conductor of a railroad train ie a vi necipal; later, the same court said that the conductor of « railroad train te a fellow servant with the rest of the employees op- erating the train it would om that a conductor has aa much control of & train as a cases are vice principals represet and not fellow serv ante. In ionumerable cases the courts have extended the “fellow servant” doctrine so a6 to hold that viee- principals are fellow servanta, thes relleving the master from responsibility, This tendency toward placing the burdes upon the poor and pone” grenj-n has justly caused our cow 10 be eriticised. Limit Needed. Candid opinion must be that our} courts «Wuld be limited by legisla tion. They should not be permitted | to wrong the poor by construing | them out of court. should define, lready been done in some states, “fellow serv and “view princtp: other. will ant’ wise the time soon The legislature f } | | | | arrive | when the corporation may maim > and kill their employees ath | impunity. Legisiation cont this subject has been poem | suatained by the state and federal | {courts as a proper exercise of the} The following sec- | | police power. tions of the Texas law, it seema, would about cover the situation Sayles’ Civil Statutes of Texas, article 4560@ All persons engaged In the service of any person, ro ceiver, or corporation, con. troiiing or operating a rail. road or street railway the line of which shall be situated tn whole or in part in thin state, who are entrusted by such person, recelyer, or corpora- tion with the authority of superintendence, control or command of other servants or employess of such person, re éetver or corporation, or with the authority to direct any other employee tn the perform ance of any duty of such employe, are viee-principals of such person, recetver or corporation, and are not fellow servants with their coem ploy Article 4569. All persons who are engaged In the com. mon service of such person, ecelver or corporation, con trolling or operating a ral) road or street railway, and while so employed are in the satte grade of employment and are doing the same character of work or service and are working together at the same time and place and at the same piece of work and to @ com mon purpose, are fellow serv ants with each other. Em- ployees who do not come with in the provisions of this article shall not be considered fellow servants, Our next legislature should enact a law similar to the above, that we | may definitely know what the law | on this subject is in the state of Washington. COMPANY LIS CITY = “ : MILITIA CHAMPIONS Wowen RAISE FUND Company L of the National Guard won the militia championship of the \ THE STAR— an appropriate and practical holiday gift 100-piece blue porcelain dinner sets— special for ws ° regulare price. . will ONDAY, DE a Sale of appropriate and practical holiday gifts— —Vvisit this holiday store now—inspect the numberless articles to be seen on every floor—presents that are not only beau- tiful and appropriate, but at the same time practical— —the saving on. prices will make this profitable for you— —absolutely satisfactory service is now will be held*for you at your or der for future delivery. $14.50 we on sets—made in the far England. ‘The patterns ar and durable; it will r er reeuiar value 814.00, an ex wh drotser pleasing pattern shaped top Ie 17x38 5 b “ the Inehe regular value @4.00, very odd- “the hundreds of rockers on holiday show— “never has our showing of rockers presented such a wide range for selection, and the pricings now are extra special, the savings should urge you to mal this te « strong and service able solid oak rocker, ob. bler seat. finiahad len high comfort arma, spindle back and arn fancy om top back panel; a Md and oinfortable rocker at the regular price $4.00. aoe jolly $1 priced for the week . IN GARVIN'S PULPIT elty yesterday by ting Com- os pany A eleven, 1 at Wood-] With women of the iy Jand par Women's Board of Missions Auxil L wan = materially) jary in the pulpit of hin chureh you ] by Gills, an old Broad-|terday, the Re Joseph L. Garvin the last sea-/of the First Christian ehurch had m the We-|the pleasure of socing his congre Ralston | gation forward with an offer nt @ames! ing of $100 for the use of that so: wan re-|clety in the work of the coming thelr touchdowns, r. The organization is a na an and Nelson didjtional one within the Christian work for ¢ A handicapped early in the game an injury to Halfback Roteh. mpany 208 gash buyer ming from $1,00 have ANY property th They | church, having a membership of 1000 women working for the | mont of foreign missions “ye terday were well cond ance nery« neted and won hight praise from the tem porartly The deposed pastor North Dakotans Meet, members of the North Sanka sian! eottY omnes boy Cee Da. BER 7, 1908. visit pleasant and yours—articles selected 12-piece toilet sets; odds and ends regular prices $11.50 to $1 7.50 your choice $8.75 Tuesday for $6.95 ‘ ui ; in about 50 sets in this lot—all 1 ferent colors port { Dobson, Wilcox & Till, Manley citinanl aia taaetiy estes ida Aha axe; Me handsome designs are fired into the , ot \ ‘ 1 i 1 to save more than halt of the k blue color, exquisitely shaded a practical and long-lasting gift article for your wife: an EMPRESS machine— $15.00 absolutely bigh-erade (USS mae! a special holiday showing and sale of davenport beds— —wlth one tem-ye reguinr value $30.00. 5 ng design in a Davenport nished den, has tl xceptionally aive and attragtive. pat without qué n this In the lowent 4 a2 & Good-sibed odd price evor ma 4 & machine of j~ Shaped Fronch beveled mirror this higt charactor wi 10-year % Inches: the size of \.-Surved: top in 174 odd-shaped sop $6.70 th ular va clally priced ¢ the week ein $t $1.45 jeler value ©, two drawers on side and one in center. IT W 1 ® splendid and practical WORK RIGHT AND article for the baby's niout ph. 4 tie an eapectally good # ert bed, with soltd oak b ‘ Seno sea! Our price on thie iM $24 50 finished weathered. istered in best quaiity, Verona veloc PRESS model is . upholstered, not tufted; spring edge on seat, back adjusts Mgnt « ‘ full-stee ——e surface; the arme are broad, about by the baby in lear ning ully warranted for 10 years. i have claw feet: to walk. Hegular value nai echiialt Kae un ture: the workmanship fs ch machine hag a complete set seat for bedd h 22%, Vor special 4 45 of latest improved. nictral feet. at Sh betting ste; he lor the week * tachments put up in a fined case. 32.50 club table special— $2.50 for $4.50 value $2.75 for $5.00 value tured, this is @ splendid round style club table; can be used } Strongly and extra woll mado, finished golden no that early purchases. 36-inch top size, regular $4.50; extra special for the week. . 44-inch top size: regular $3.00;" extra epectal for the week very the wil quote ; P son any spe rogular $1.60 Valance alae, (eta "S extra make of tables, Speckal 1.10 tc. « “Out-of-tews regular $2.25 valance, special order work extra given careful at- 1.65 fention) ar $3.50 valance te) e holiday value ever . given b this store Mission : Poqeier wine berry ce iaee tien. Gas Clock special; thie ons ta, of —the special December sale pricings rocker hed gol alae’ babe ¢ reakera, ladies’ desks, mission pieces, id, shaped seat; shaped pa regula 60 rope por - mi | Fe ses see shared baaci areata” as ee odd and fancy-turnitre, leather fort arma; the regular spectal . actly presse, vamses dressing Gases. ma. Of thia-tocker In $4.5) regular $4.50 rope por value hogany dressers, etc, parior furni- eiaily priced for @ tlere, extra for ture, ete, the week special . week . helpful holiday hints from the Carpet Store— in our great second floor Carpet Store there's a world of bright, attractive ideas for the giver of the useful We speak of these —room-size ruge—hassocks—carpet sweepers — Oriental ruge—Quality carpets—emali rugs of various kinde— screens—linoleums, ete. gift article— ® worthy gift to any I-made Mis- sion table, uM SUPERBA, GRAND, GRAND RAPIL UREN, DO- -o square; under finished weath made in our nickel sweeper 4, has plate on. the week TRe 1. 0. O. the funeral Rockefell 7 ling in belwif of the A.-Y.<P, expo- ston will be irae a and) Yatomatic plans t the ‘North | Dakova. Yom imiatur AUBURN PIONEER DEAD. (By United Press. F. will have eharge of [LOCAL SOCIALISTS AT WAR ONCE MORE No. 7 rai AUBURN, Doo, 7.—-George Ram wears a hat - neteaieteh Did Dr. Hermen FF. Titus t ‘died at the home of his wear larger hats “than that would Conner Ticket. Debs a d ner? ‘This ts the ¢ daughter, Mra, J. D, Oliver, in Au-/ ike to be in his shoes. | LA ¢ BR, Dev, T-At @ cau- neal by A ae 6 burn, yesterday afternoon, MU, | eneneemene om op SL ous held in the town hall the fol- | branch of the soc Ramsay was born in Wylam, Bog lowing ticket, officially designated | Edwin J. Brown 4 land, and came to the United State THE BEST COUGH CURE aa the citizens’ ticket, was od in| et only branded in 1854. He was married in Cali ewh Ws ounce of Virgin Ol} of Pine, nomination for the ele 7 ntly, but added that he was|fornia in 1870 and settled in New-~ pn ounaS # of Glycerine and a halts Mayor (two-yearster pportuntet castle, Wash, in 1872, He was en-| Cough that Js curable and broale % son; councilmen (two-yee As @ result, Brown has filed! gaged in mining in this state and coll in 24 hours. Taleo a teaspoons R. Anderson and A. G. ist Titus before the or- | British Columbia since that tim four h¢ ak treasurer (one year), N nd asks that the chars | fe is sur 1 by three sons, George The advocates of a restricted town | ter of the Seattle local be revoked. | J, of San Franelaeo, and Cally and policy won, namffg the entire tiok- 4 in’ retatiatt id, the Titus | William Ramsay of Montana, The et, which was somewhat of a # wing of. the local organization will! daughters are Mra J. Ro Wallace «. Rey. B. B. Pace, pastor endedyor to oust Brown on chatges|and Mrs. J. D. Oli re the Baptist presided — aapotes iS aN oe chairman of ¢ ting aoe " | Mary, the milkmaid, approached | STOP THE RENT, | | the goat, We can sell you Beaytiful é And never a word did utter Homes, Cottages, Bungalows, ) TALKING MACHINES A mistake she made, past forlorn- i) Payments Just like vent, RECORDS . NH Shi i nD (Mwai nih am