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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 23, 1908)
TIIE MORXIXG" 6rEGOXIAN, TTEDXESDAT, DECEMBER 23, 1DXJS. nrniRinrj rarfh iin - - . ill I mcallen & McDonnell "The Store Noted for Best Goods at Lowest Prices" DELIVERIES OH TUFT'S VIEWS GLOVE ORDERS ' A quick and satisfactory way to Bolve the gift problem is to bny Glove Orders. Extra delivery wagons have been added and prompt service is guaranteed. - Oregon Supreme Court Holds Employer Responsible for Safety of Employe. ulu u u i unuuu ii r i I I 1 SOME ROUSING CHRISTMAS SPECIALS i i FACTORY LAW SUSTAINED Employer Culpable Who Neglects to Provide Cover for Dangerous Ma chinery Baker City Case Re manded for "ew Trial. 91LEM. Or.. TVc. 22. (Special.) Citing one of Judre William H. Taffa labor derision as authority, the Supreme Court today held that if the owner of danfteroua machinery nrplerts to cover It he cannot encape responsibility to an Injured em ploye on the (rround that the employe as sumed the risk. So far aa Oregon ia con cerned, thla la the establishment of a new rule of employer's liability, though It Is no more than a Judicial recognition- of the factory Inspection act of 1907. This decision will undoubtedly cause proprie tors of factories to protect their machin ery In every possible way. for the Su preme Court declares thla to be their duty whether ordered to do so by the Labor Commissioner or not. The opinion of the court was written by Chief Justice R S. Bean in the case of Bert Hill, appellant, vs. G. E. Saueestad. respondent, from Baker County. Hill was an employe In Susrestad's sawmill and In performance of his duty was working over a slde-editer saw. pouring water on a hot bearing. While so working, his hand was caught by the saw and so badly Injured that amputation was neoessary. He brought suit for $7260 damages, but at close of his testimony. Judge William Smith granted a nonsuit, from which de cision Hill appealed. The decision la re versed and the case remanded. There were two principal contentions, that the accident to plaintiff waa due to his own carelessness and negligence, and that the danger from the saw was open and visible and known to and appre ciated by the plaintiff and. therefore, he assumed the risk of Injury therefrom. After reviewing the evidence, the court holds that Hill was working within the scope of his employment and hence the question of negligence waa one for the Jury and not for the court. Briefly aum marized. the opinion says, upon the sec ond question: "There is a great difference of Judicial opinion as to whether the defense of as sumption of risk Is open to a master who fails or neglecta to safeguard machinery in accordance with the requirements of a statute, such aa are Involved In this case. In an action Againat him by a serv ant who was Injured by such unguarded machinery. "It Is often asserted that a workman Is at liberty to remain in or abandon an employment at pleasure, and If he si remains, after he acquires knowledge of a particular risk and danger to which ha Is subject, ha must be held to have voluntarily assumed the risk of injury therefrom. In theory the basis of this rule, is true, but In prac tice It Is not. under modern Indus trial conditions. In many Instances workmen are compelled by their neces sities, or conditions of the labor mar ket, to remain In the service In which thev are employed In order to support themselves and families. To say to such persons that they are at liberty to quit if they do not like the conditions under which they are required to work is often 'only a heartless mockery.' " After showing that authorities are at variance on the question. Justice Bean continues: "In this condition of the adjudged cases we feel at liberty to adopt that view which seems to us most likely to effectuate the purpose and object of the statute, and to hold that a master who fails and neglecta to comply with Hs provisions by safeguarding his ma chinery cannot escape liability for an injury to a servant from such un guarded machinery on the ground that the servant assumed the risk of such Injury. To hold otherwise would be. in effect, little short of a Judicial repeal of the statute, and would place upon the servant the consequences of the un lawful act or omission of the master. As said by Mr. Justice Taft in the case of Narramore vs. Cleveland, etc.. Rail way Company: "The only ground for passing such a statute is found in the inequality of terms upon which the company and its servants deal in re gard to the dangers of their employ ment. The manifest legislative pur pose was to protect the servant by pos itive law. because he had not previously shown himself capable of protecting himself by contract: and it would en tirely defeat this purpose thus to per mit the servant to contract the master out of the statute. It would certainly be novel for a court to recognize aa valid an agreement between two per sons that one should violate a criminal statute; and yet. if the assumption of risk is the term of a contract, then the application of It in the case at bar Is to do Just that.. (37 U. S. Court of Appeals. 502.)" Passing upon other questions pre sented, the court holds that it was the duty of the owner of the machinery to protect it whether notified to do so by the commissioner or not. SUSPECTS KEEP SILENCE Roy Malone nd Mrs. Zelgler Deny Any Knowledge or Goble Crime. ST. HKLENS, Or., Dec. 22. (Special.) Since Robert Livingstone was found dvlng in his cabin at Reuben on Fri day. December 11. the District Attor ney's office and Sheriff White have been doing their best to secure the perpetra tors of the crime. Two arrests have been made, one of an 18-year-old young man giving the name of Roy Malone. and the other Mrs. Zelgler, who Is over 80 years old. Malone landed at San Francisco aa a sailor on the t'nlted States battleship Maine and tramped from there to Ore gon. He stubbornly denies any connec tion with the crime, yet the authorities are confident he knows something about it. Mrs. Ziegler. who admits being thft keeper of a "blind pig." where the dis reputable characters of the neighbor hood were in the habit of securing their liquor, was formerly a resident of Baker City She is evidently familiar with the Inside of a Jail and appears perfectly happy in her surroundings and not at all Intimidated. Toy Shop. If von want toys go to the Toy fihon 3241 Washington street, next to 2 veiiv All must be sold s't cost pceKe Happy Hooligan. Foxy Grandpa. Johnny-on-the-Spot. Teddy Bear new Century Bicycle, new (n furv Auto. Toot-Toot Auto, talking Vinw the Balkv Mule, the Naughty Bov A?! mechanical. Remember the -umber? 324 Washington street. aslisVMBiaBBBBBBBBBBBBBaMasssssssssssssssasaasa $1.75 KID GLOVES $1.38 Very finest selected skin, 2 clasp style, all colors, black and white. Make a splendid gift. WHITE LAWN APRONS 25c Long or short, ronnd or square, with or without bib; lace and embroidery trimmed ; 50c values. $1.25 WOOL SWEATERS 63c Boys fancy wool Sweaters, also fine Jerseys, in srray and blue; best regular $1.25 grade; sizes to 34. SAMPLE WAISTS AT COST Manufacturers' sample line of white lawn, mull, net and silk Waists and Muslin Underwear on sale at wholesale prices. v SILK PETTICOATS. $3.98 Stitched and tucked flounce, ex tra under ruffle, best rustle taffeta silk, all colors; $7.50 val. $8.50 LINEN SETS $5.85 Pure Linen Cloth and 1 dozen Napkins, full bleached and best $8.50 grade. CHRISTMAS HOSIERY Nothing more appropriate or acceptable than fine-hosiery. Special reduced prices on fine embroidered silk or lisle hose; also a full line of plain colors in every quality. You cannot jnake a mistake by coming to this store for your needs. Boxed ready for mailing. $2.00 TABLE LINEN 1 iio 72-inch double satin pure Irish Linen, extra heavy and stand ard $2 quality. Several pat terns to choose from. $5.00 UMBRELLAS $2.47 Women's Silk Umbrellas, with handsome gold, silver and pearl handles. The very same grade other stores sell at $5 and $6. MEN'S FURNISHINGS AT CHALLENGE PRICES Tresident Suspenders, fancy box. Special 47 Men's Ture Linen Hemstitched Handkerchiefs, extra fine quality, 12Vi each; dozen Sglo Men's fine Linen Handkerchiefs, embroidered initial; regular 50c values. Box of 6 ... .$1.50 Men's sHk lined Mocha Gloves, standard $1.50 value. Extra special at, a pair $1.00 Men's 75c and $1.00 4-in-hand Ties in all newest colorings. Choice, each 50 Men's Shirts, Suit Cases, Collars, Underwear, Night Shirts, Mufflers, Hose, etc., at special prices. Take advantage of the sales. CHRISTMAS CARDS AND CALENDARS Our entire line of Novelty Cards and Calendars at wholesale cost. All Toys, Dolls, Games, Books, Ornaments, etc., at wholesale cost. $6 NAPKINS 23x23-inch pure Irish linen Napkins, extra heavy and dou ble satin finish ; $3.75 dozen. $2 BED SPREADS 29 Fine Marseilles Bed Spreads, beautiful new patterns and ex tra large and heavy. $2 quality. $1.50 KID GLOVES 95c Crisp, new 1908 French stock; every popular color, black and white, 2-clasp style, at 95c. 500 NECKWEAR 23c The strongest line of 50c Neck wear we have ever shown. All latest styles and colors, at 23c. $2 FANCY SHAWLS $1.29 45x4o-inch silk and linen Shawls, fancy weaves and knotted fringe edge; best reg ular $2.00 grade. A DRESS PATTERN FOR XMAS Fine black Eoliennes, Crepes, Broadcloths, Silk Voiles, Serges, Cheviots, etc., at reduced prices. All black silks reduced. $7.50 WOOL BLANKETS $4.75 Standard size white Oregon wool Blankets, fancy border, silk bound. A timely gift. $10 COMFORTERS $6.95 Genuine eiderdown Comforters, light or dark colors; sateen covered. Our best $10 quality. All Toys, Dolls, Games, Etc., at Cost FREE PIANOS CHRISTMAS Why not have music in your home this Christmas? "VVe received two carloads of fine Pianos yesterday that we did not expect until January 1. MAKE HOME HAPPY "We therefore have 2i Pianos more than we need for this week and will place them with 24 families who otherwise -will not have music in their homes for the Christmas holiday season. Call early and tell who you are and where you live and we will send the Piano to your home. We urge those who have not expected to have a Piano for Christmas to take advantage of this offer. The piano is free absolutely no charge you pay for the dray expenses only. .Wishing you a Merry Christmas ennan, xjiay Opposite Postoffice, Glav S Co. DENIED BY CHURCH Women in Garb of Catholic Sisters Soliciting. WORK WITHOUT AUTHORITY Oregon City Pastor Warns Charity Giving Public Xot to Give Pund9 to People Who Do Not Bear Church's Credentials. OREGON CITY. Or.. Dec. 22. (Special.) Complaint has been made by the author ities of the Catholic Church that go-called Catholic Sisters, calling themselves Bene dictine Sisters at Center Station, are so liciting, without being properly author led by Archbishop Christie of this dio cese, under whose spiritual authority they are supposed to be. These "sisters" are not members of the Benedictine Order, as Is generally supposed, as the real Bene dictine Bisters are teachers, with head quarters in Oregon at Mount Angel. Rev. A. Hilleband, pastor of St. John's Church, of this city, today made the following statement: j "Sisters who solicit funds for any pur pose are always expected to have the written and signed permission of the archbishop of the diocese and also of the parish priest the place where they are soliciting. This i done as a protection, so that the public may not be deceived. I have nothing to say about their Insti tution at Center Station, but would like to warn the professional and .business men and public generally that these women, who are not sisters of the Cath olic Ctiurch. are begging and do not have the sanction of the church. "Bills incurred by these people in the name of the Benedictine Sisters, many of which have been addressed to the Benedictine Sisters of Oregon City, who are teachers of the McLoughlin Institute, will not fee honored or paid by the Bone- -.. , . ' .1.1 .tfv rtr nf TVirt- aictine oisiem via .wt - land. Milwaukie street or of Mount Angel, which is the mother house of the real Benedictine Sisters. "As a rule, the Benedictine Sisters of Oregon do not go out begsing. as they are not sisters of charity, but are sisters of a teaching community. People ap proached by sisters of any community should always ask for their credentials without hesitation." The women, who. In the garb of Cath olic Sisters, have 'been collecting, money in Portland and Oregon City, are said to be connected with an institution for the cure of consumptives at Center Station. Father McDevitt. of the archtishop's residence, when communicated with at Portland today, said: "The head of this institution was once connected with the Benedictine Order at Klizabeth. N. I., but left without the consent of her superior, and is acting without the authority of the church.' INDIANS ALLOWED LANDS Redskins Off Quinlault Reservation Come in for Property Share.. ABERDEEN Wash.. Dec 22. (Special.) F. R. Archer was notified this morning by the Commissioner of Indian affairs at Washington. D. C to take up further the work of investigating the claims of Indians who, while not living on the Qulnlault reservation, have put in appli cations to the Government for land, on the representation that they are members of the tribe. These Indiana are scattered through . a!--... ,m Trinhn nnd other OUl UreS". Iimiii'ie'"". - . states, and it- will require considerable time to lane up men .i- ..iK-i make thorough investigation as to tribal relations and such other matters as to make positive proof of their demands. There are about 100 members of the tribe scattered over the Pacific Northwest who will receive eight acres each. Railroad to Distribute Literature. GOLDENDALE. Wash.. Dec. 22. fSpe cial ) The Klickitat Development League today shipped 8000 folders descriptive of the county to St. Paul to the Northern Pacific Railway. Another shipment will be made soon, also 10.000 will be sent to the Great Northern general immigration agent at Chicago. Xmas perfumes. Eyssell's Pharmacy. 2S9 'Morrison, between 4th and 5th streets. TOM SULLIVAN PROBABLE SUI CIDE AT SALEM. Overcoat Left on Bridge With In formation to Xotify Family He Is J"o More. SALEM. Or., Dec. 22. (Special.) A note pinned on an overcoat found lying on the Willamette River bridge this morning indicates that a man giving the name of Tom Sullivan, and claiming 1110 North M street. Tacoma, as his home, committed suicide by jumping from the bridge last night. He called at the Salem T. M. C. A. several days ago nnr! told Secretary Forbes that while in Portland recently he, had been swindled out of all his money on the purchase of land located near Wodburn. but did not say by whom the swindling operations were conducted. He was about 60 years old, and cards and other papers in his pocket Indicated that he was once a writer on the Rams Horn, a religious paper published in Chi cago, and that he was an engraver. The note left on the coat read: Salem. Or.. Dec. CI. To whom It , may concern: I am old and useless, never was other than a detriment, so in a few moments I intend to step down and out. My family lives at 1110 North M. St.. Tacoma.. Wash. They are better oft without me. iney art. u TOM SULUVVAN. Only One "BKOMO QUrXTNE" That is LAXATIVE BKOMO WU1NINJ3. Look for the signature of E. W. GROVE. Used the World over to Cure a. Cold In One Day. 25c Finest stock fitted cases and bags, Harris Trunk Co., 132 6th, opp. Ore gonian. - Harris' Trunk Co. for leather goods. SAVE YOURSELF Bicycles for Bays Bad Girls $20 Athletic Goods. Motorcycle" $10O Flash Llshts. to 300. Time, trouble and worry. We can help you select Suitable Presents AUTOMOBILE CLOCKS HORNS LAMPS GAUNTLETS GOGGLES, ' ETC., ETC. GILLETTE RAZORS rAnd man.y other articles suitable for presents. BALLOU 8 WRIGHT 86 Sixth Street Opposite Wells -largo OPEN EVENINGS TILL CHRISTMAS i , m Today's The Day! No gift you can make will give so much pleasure, to so many people, for so long a time, at so little cost as a Columbia Graphophone The 'New Leader' outfit $37 .20 With a carrying cover and 12 Columbia Cylinder Records Other outfits (disc and cylinder) up to $250 Easy Payments After Xmas if You Like Sold by Your Dealer, or COLUMBIA Phonograph Company 371 WASHINGTON ST. muni inw 111 1
