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