13 DATA GODOWSKY, TONE POET, AT HEILIG THURSDAY Polish Artist, Supreme in Technic and as Chopin. Player, Is Also Recog nized as Genius in Drawing Feeling From Piano. COMPENSATION ACT Litigation Results Show Re covery for Damages Are Small in Proportion. ! i' SENATOR DAY HAS BRIEF mmar- THE STJXDAY OREGOXIAN. IPORTXAXP. JANUARY 12, 1913. ' " XdfL" GATHERED W: J vJSi-n ...1 Inconsistencies of Some Measures t Shown and Bed net Ion Is That Law Must Include All Indus tries and Be Compulsory. Senator Day, of Multnomah, has com piled an extensive and exhaustive amount of matter, comprising judicial decisions, authoritative opinions and statistics on the subject of employers' liability and workmen's compensation : legislation, together with such legisla tion as adopted or proposed in many states. It will be printed in book form and distributed to the members of the Legislature, for their guidance and illu mination in the work of considering the proposed workmen's compensation act at the impending session. The compilation Includes statistics re lating to personal Injury resulting from industrial employment; common-law rules applicable to the relations of mas ter and man, opinions of publicists con cerning workmen's compensation; in adequacy of common law and the modi fication and abrogation thereof to meet modern industrial conditions; remedial legislation, aiming to provide compen sation for injury to workmen; econom ic waste; what classes are entitled to compensation, and the constitutionality of compulsory compensation laws. P refuting Need Keen. In his introduction, Senator Day says that the pressing necessity of providing relief from present intolerable indus trial conditions, viewed from both the standpoint of the employer and the em ploye, creates a demand tor legislative remedy. Senator Day believes that the matter he has compiled will aid his fellow-legislators and the public In ar riving at a proper understanding of the problem. He acknowledges the val uable assistance of Judse Moreland, Clerk of the Supreme Court, and Miss C. Marvin, State Librarian, in the col lection of data, and says that whatever of merit may be found in the work is largely due to Daniel Kern, who, by his advice and assistance, has been the Inspiration of the undertaking. Statistics relating to personal Injury, cases in Multnomah County for 1911 and 1912 ,are introduced, showing that in; 1911 there were 174 cases initiated, ask-j ing for damages for a total of $2,009,-1 181.25. Damages were allowed in 67 cases for a total of $185,401. In 1912; ' there were 218 capes, asking for a total of $3,199,638.10. Only 32 cases were al lowed, for a total of $100,661. Thus, out of a grand total for the two years of 420 actions brought, judgment was ren dered in favor of the plaintiffs in 99 cases lor a totul.of $286,062, whereas the total asked for was $6,108,819.15. In air the cases brought in these two years, however, but 35 resulted in fa vor of the defendant. The jury Uis- agreed only in one case. Seventy-six rases were dismissed, 12 dropped or set tled out of court, 43 removed to the Federal Court and 141 are still pending. In five cases the amount sued for was not stated. -Of the 174 catses brought In 1911. 99 were against employers and 8ri against the general public; in 1912, 124 were against employers and 94 against the general public. , Waste In Kmnhnslzed. These statistics show the great waste -In effort and expense of the present system -of suing and recovering for damages for personal injury. In the discussion of the question as to what classes are entitled to compen sation for injury, where the relation of employer and employe exists, Senator Day says: "The refinements and artificialities attempted In various compensation acts have no place In a law based on the dictates of humanity and natural jus tice. ' "Since danger Is Inherent in all In dustrial activities, the classifications, 'hazardous, dangerous, extra hazardous, 'inherently, constantly dangerous,' 'ma chinery driven by mechanical power,' 'power driven machinery'; machinery, except for the determination of pre mium rates should be eliminated and the law made applicable to all cases where the relations of employer and employe exist. "That such classification eventuates in absurdities is evidenced by the fact that In one state the occupations of , 'driver of a brewery wagon and a proofreader in a room with shafting are classed as 'Inherently constantly dangerous and that of driver of wagon In a quarry is omitted. Another pro posed law applies -to steamboats, tugs and ferries, but lightering and barging are omitted. Inconsitttencles Pointed Out. "Ship-building is enumerated, rigging Is omitted. Many other cases equally absurd might be cited. The same rea soning applies where the law is made applicable to employers who employ more than a given number. In Ohio the law applies to 'any employer who employs five or more . . but em ployers of less than five may elect to come under this act.' In Kansas the number Is 15 or more. In Wisconsin all employers except casual are includ ed." Many other instances of apparent in consistency and lncoherency in the com pensation acts of various states are cited, together with comparisons show ing the lack of uniformity of sucjt lawa in these states. "If the principle underlying work men's compensation is fundamentally sound,' says Senator Day. "its appli cation should not be confined to par ticular elftssen or numbers, or limited to those 'whose remuneration Is less than I1S00 per year,' but should apply to all, when conditions and dangers vary in no essential degree. In Us broadest sense, such classification is a denial of the equal protection of the laws." Deductions Are Emphatic After quoting and considering argu ments from a multiplicity of sources, Senator Day arrives at the conclusion that "the most direct and. economical method to raise the fund from which compensation for Injured workmen is to be paid is to tax the employer. The most practical method is by way of state insurance." In his conclusion, Senator Day says; "Thus do all !incs of argument con verge to the same conclusion. The elimination of difference and individual error leaves one broad and controlling principle upon which all agree, and wherein they agree is in recognition of a fundamental principle which may be accepted as economic truth, to-wit: "Danger attends all Industrial activi ties, and injury to workmen is an. ele ment In the cost of production, for which compensation should be made." From this conclusion Senator Day draws the following corollary: "In dustry being responsible, industry should compensate; to compensate, the law must be general; to be general, the law must be compulsory." f fly - - -a ,1 t : - -J J: - - V J J' " ? - S LEOPOLD GODOWSKY, WnO WILIj PLAY AT HBILIO THEATER, JANUARY 16. IT IS said that no man .living can draw from the piano such wonderful tones as Leopold Godowsky, the great Polish artist, who comes to the Heillg Theater, Eleventh and Morrison streets, next Thursday night, Januarys 1. under the direction of Lois Steers-' Wynn Coman. Godowsky is a tone poet, and marvelous indeed are the glinting colors and tender sparkling lights and shades that , he can throw upon the notes under his hand, until they seem like jewels rippling iridesc ent sunlifrht, which he tosses into the air. that everyone may enjoy their radi ant loveliness. Hearing him, one learns for the first time all the illimitable possibilities that lie within the piano. It is, of course, generally recognized by music critics the world over that Godowsky has .developed technique be yond that of any other pianist who has yet been evolved among the generations of piano virtuosi. It is Indeed a liberal education for students to listen to him for "an hour. He is regarded in Europe as the master mind in all matters per taining to the interpretation of piano literature, and his "readings" in Ber lin and Vienna invariably draw the most brilliant assemblies of connois seurs in music that can be found under one roof in any part of the world. It WARFIELD IN REPERTOIRE IS ONLY FORLORN HOPE Despite Increasing Demand for Great Actor to Present List of Plays on' Tonr, Belasco Says Proposal Is Impossible, and Explains Why. W'-v. - XXI DAVID WARFIELD AS PETER GRIM. EVERY day the mail of both David Belasco and David Warfleld brings hundreds of letters asking why the great actor does not appear in a reper toire of his famous characters in ac cordance with the custom that seems to be extant among actors of even less prominence. Every playgoer has a memory of Warffeld in each of his fa mous delineations, and the impression has been so distinctive, pleasing and astlng that another acquaintance with it has always been eagerly desired. Everyone who has spent a memorable evening with "The Auctioneer, A is now 12 years since he visited Amer ica. In- that time he has reached his prime, and his genius has developed .new powers and individuality. Godowsky's Portland programme will show his interpretative genius and matchless technique to unusual advan tage, embracing such noble masterpieces as Schumann's "Symphonic Studies," Brahm's "Capriccio in B-Minor," two Mendelssohn "Songs Without Words, and a notably fine group of Chopin numbers that are sure to be rapturously received; for Godowsky Is not excelled by any pianist living as a Chopin player. Yet even this is not all. There are to be six Paganini-Llszt studies, dazzling and electric in their effect upon an audience; and as final tour de-force a fascinating novelty of irre slstible charm, Godowsky's own "Sym- phonio-Metamorphoses" of some capti vating waltz themes by Strauss. Such a programme has seldom if ever been offered to a Portland audience. On this point the San Francisco Call of last Monday. January 6, after de scribing the tremendous effect of Godowsky's genius and the enthusiasm it evoked, says: "To miss a glimpse of Godowsky's Immeasurable art Is to forfeit an ex perience, the loss of which cannot pos sibly be made up to you by any other man who plays the piano." Grand Army Man" and "The Music Master" has been keenly desirous of renewing acquaintance with these lov able characters; and In this spirit many have written to Mr. Belasco to see if he cannot induce Mr. Warfleld to ap pear in a procession of bis impersona tions. Few theater-goers. If any. realize how impossible it would be for War Geld to present throughout a season a repertoire of bis plays. Mr. Belasco, as well as Mr. Warfleldi feels that it is in the ensemble, in the perfect pres entation of every little detail, that much of ths success of each Warfleld ij1 x m?r: ' BUILDING sJA L Mfcjij lPB' "IJ SlSi g ftT jL '(i iS&L :m''-ii Pf'i PtffcW mfM mm BF fel production has been won. To present all these plays in one repertoire would be to sacrifice much ot tne essential effects of each, or it would mean to carry an organization and equipment that would be simply appalling. All repertoire organizations are arranged with an eye to "doubling up" actors in different roles each successive night, and to utilize the same scenic effects and embellishments for different plays. Belaaco's Idea DlOerent. This does not obtain, however.. In the calculations of Mr. Belasco. The great director figures that each actor is meant only for the role that he por trays in each particular play and to use this personality in another would give an entirely different meaning to the characterization that was intended. For a single small cart in "The Music Master," which required an actor with a German dialect, Mr. Belasco searched for days for the artist he desired, and finally found him in a little t,erman theater playing small parts in down town N'ew York. Mr. Belasco at once elevated tilm to the role he had in mind and an hitherto unknown German actor made the hit of his career. Almost the same circumstances have applied to every other character Mr. Belasco has conceived in every play Mr. Warfield has presented. In no two Dlav-s would Mr. Belasco use the same actors, even though they played infin- itesimally small parts in eacn. lnus, for a repertoire, should Mr. warneld think of presenting it, a high-priced company of great numbers would have to be impressed, in addition to tnis. Mr. Belasco Insists that every play carried on the road be presented with every iota of embellishment exactly the same as its New York production. This would mean carrying an enormous trainload of scenic effects ana para phernalia. eir York Selllmn Carried. In David Belasco's latest play, "The Return of Peter Grimm," to which Mr. Warfield is devoting his entire atten tion this season, and "which he presents here the week beginning January 20. at the Heillg, the scenic embellish ments and properties that dress the stage are as numerous and bulky as are the effects of many companies that present a number of plays in reper toire. For the long tour Mr. Warfleld is to make this year, from coast to coast, Mr. Belasco insisted that every article seen In the wonderfully artistic New York production of "The Return of Peter Grimm" be carried on the road and the play presented exactly as at the Belasco Theater all last season, even though he could have saved a small-sized fortune in transportation throughout the country by cuttinr NEVER BEFORE SUCH PIANO PRICES LIKE THESE Never before such, a carnival for shrewd buyers. This is not a Clearance Sale in the general sense of the word. It's a veritable harvest for musieless homes. . ' It matters not whether you want an upright or a fine player piano or a Baby Grand, you'll find it here now at tremendous reduc tions. .' . . ; You'll find now piano after 'piano, which cannot be told from new in every way as good as new for a half and more off. Included also are all the shop-worn and discontinued styles of pianos and player pianos. These are strictly brand new, and now obtainable at a uniform reduction of. 30 per cent from the already low Eilers prices. ' ' Act promptly. These prices are selling pianos by the: dozen. Re member any instrument may be exchanged for a better one within two years and all money paid will be credited, . Be on hand .the first thing tomorrow morning. down the elaborate scenic Investiture. Mr. Warfield declares In favor of playing in repertoire to relieve him self of the monotony of impersonating the same role at every performance, but he fully coincides with Mr. Belasco's Ideals that It is better to present one play aB near perfection as possible than to appear In many at a sacrlfic to the artistic ensemble; PASTRY CHEFREAL ARTIST Noted Actor's Likeness Drawn in Burnt Sugar on Cake. H. J. Titus, superintendent of the Northern Pacific dining car service, has succeeded Fred Harvey, of the Santa Fe system, and has moved the cuisine reputation from the Southwest to the Northwest. Mr.' Titus has a man in his employ, Fred Kaul. an artist as well as a pastry chef, and together these two men have heaped surprises on many un suspecting but willing persons. When David Warfleld crossed the continent on the Northern Pacific Rail way recently, Mr. Titus happened to be along, and, like the captain of a big ship, who gives a big dinner the last night before going into port, Mr. Titus gave Mr. Warfleld a dinner. The main feature was a cake prepared In the form of a book bearing the likeness of the actor on the cover, worked in burnt sugars. Another masterpiece was a model of a dining car made into a cake and pre sented to A. D. Charlton, district pas senger agent of the Northern Pacific. Edgar B. Piper, managing editor of The Oregonlan. received a cake at Christ mas bearing greetings and the North ern Pacific emblem, the Korean Monad. A matron of Portland Heights was an other recipient of a cake on a birthday. She had written a complimentary note about the "Titus" service, and the man she Indirectly complimented got word of her deed. TRIBUTE PAID TO DEAD Brotherhood of St. Andrew Remem bers Late James Laldlaw. s Th following- resolution has been 'adopted by Trinity Chapter, No. 353, Brotherhood of St. Andrew: It having: pleased the Father to call to rest with St. Andrew and His other saints the oul ot James Laldlaw; now, therefore, be It Resolved by Trinity Chapter. No. 333, Brotherhood of St. Andrew, of which James Ialdlw was a member from October - SEVENTH and ALDER 1893, and director from November 30, 1805, until his death; that We mourn the loes of a friend evsr loyal, kindly and true, of a member of this chap ter, to whose unwavering courage and per sistent purpose the life of this chapter in recent years has been wholly due, and whose personal obedience to the rule of prayer and the rule of service never faltered, of a director whose cheerful, generous spirit in spired and stirred his fellow members of this chapter; We cherish and glorify the memory of a brave and faithful Christian, whose noble, earnest spirit we shall strive to emulate; We pray that the consolation and comfort of Almighty God and of His Son, Jesus Christ be and remain with his widow, his children, and all his loved ortes; but We rejoice that the reward of heaven won shall have been bestowed, after a lifetime of purity, integrity and Godliness, upon that soldier of the cross. James La id law. May the influence of his example be with us until we, too, shall pass from among men. And be it further Resolved, that these resolutions be in scribed upon the minutes of this chapter and that copies thereof be transmitted to . the family of our departed brother and to the local press and to St. Andrew's Cross. GERMAN CLUB ORGANIZED Major Students at Keed : College Form Deutsche Verein. The major students In the depart ment of Germanic languages and litera tures in Reed College have organized STOMACH SICKSOUR, UPSET AND FULL OF GAS? PAPE'S DIAPEPSIN In five minutes I Time it! . and Dyspepsia gone and Wonder what upset your tomacl which portion of the food did the dam are do you? Well, don't bother. . It your stomach Is In a revolt; it lour, sassy and upset and what you just at has fermented Into stubborn lumps; your head dizzy and aches; beloh gases and acids and -eructate undigested food; breath foul, tongue coated just take a little Diapepain and in Ave minntes you will wonder what became of the indigestion and distress. Millions of men and women today know that It Is needless to have a bad stomach. A little IMaptpsln occasion mm a Deutsche Verein, and the following officers were, elected: Versltzender, Arthur Hauck; zwelte Versltzender, Lois Williams; Schriftwart, Frieda Bratzel; Kassenwart, Oskar Koenig; Blbliothekar, Grace Hays. In order that the organization might not be too large the membership was limited to 25. ' The verein has for its purpose the study of Germanic culture in its wid est aspects. The emphasis, however, will be placed on contemporary move ments In literature, art, music, politics, science, economics and international relations. Mr. Stahl, of the German department in the college, has assisted materially in the organization, and will continue to give invaluable aid to the new club. The speaker for the February meeting will be Dr. C. H. Chapman, who will talk to the verein on "Social Dramas of Hauptmann." On the - evening of January 33, Mr. Stahl will speak on "Friedrich Nietasche Poet and Phil osopher." New Order Given S,t. Johns Ferry. The County Court has made an order that the St. Johns ferry, operating across the-Willamette River between Claremont and St. Johns, must make three, trips an hour hereafter instead of two, as at present. All Indigestion, Heartburn your stomach feels fine. ally keeps the stomach regulated and they eat their favorite foods without fear. If youv stomach doesn't take care of your liberal limit without rebellion. If your food is a damage instead of a help, remember the quickest, surest most harmless relief Is Pape's Dlapepsin which costs only fifty cents for a large case at drugstores. It's truly wonder ful It digests food and seta things straight, so gently and easily that It is astonishing. Please don't go on and on with a weak, disordered itomson; it's so unnecessary. .