The Sunday Oregonian. (Portland, Ore.) 1881-current, December 03, 1916, SECTION FIVE, Page 3, Image 63

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EVENTS OF ORLP-WIPE INTEREST ARE PICTURED BY
French Howitzers Wreak Terrible Havoc in Recapture of Douaumont Private Air Cruiser. Is One of Largest and Most Luxurious Bodyguard of Roumanian
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, IG French howitzers are the
monster weapons used with ter
rific effect by the French army In
the onslaught which resulted in the re
capture of Douaumont, which was re
duced almost to ashes by the fire.
It was with hundreds of these pow
erful 370 centimeters, now called the
"pets of the boulevards," that the
French artillery swept the German
trenches in a gauntlet of raging fire,
driving them from their strongly forti
fied positions.
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A private air cruiser, one of the larg
est and most luxurious in the country,
was recently commissioned at Port
"Washington, L. I. The machine was de
signed to carry five persons, but at a
trial test a few weeks ago it flew
with 11.
From tip to tip the cruiser's wings
measure 76 feet, and over all she is 54
feet in length. The machine is
equipped with electric lights, electric
starter, a searchlight, automatic pilot
and wireless, and there is a substan
tial top to cover passengers and pilot
In caBe of bad weather, which converts
the cockpit into a comfortable cabin
with windows.
The gallant bocyguara or King Fer
dinand of Roumania is picked from the
choicest regiments of the Roumanian
army. These men are considered the
"finest" in the country. Frequently
recently, reports state, during the
hours of Roumanians gravest crises,
King Ferdinand -has journeyed to the
firing line.
From the central potato depots in
Belgium established by the Germans
the population of the country is fed
Just so much a day, usually a potato
has to suffice 24 hours. In this way
the food supply is being kept track of.
Even for a potato a ticket has to be
shown. The Belgians have to dig the
potatoes and then turtj them over to
the Germans, who dole them out.
The death of Emperor Francis Joseph
of Austria causes a gap in the central
powers alliances. It is said in 1 many
quarters that the new Emperor.
Charles Francis Joseph, is oolitieallv
iree ana that his ascension to th
inrone will add to the burdens of the
central powers. It was honed in nff.
"teial circles that Francis Joseph would
live a lew years longer so that their
combination would not be broken.
The Fijlans are as much at home on
water as on land. They use their boats
to get from one of the 250 islands to
another and in catching fish, which
lorm a large part of their diet. Theo
dore Roosevelt is soon to visit Fiji.
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Young men from all parts of the
unnca suites are driving tne Held am
bulances of the American ambulance
service in France and are risking their
lives to save others.
Poles are volunteering for service in
the German army. Now that Germany
and Austria have offered freedom to
Poland the Poles have been asked to
raise an army to support the Teuton
cause. London says the raising of this
army is a condition of ihelr freedom.
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LEGAL SIDELIGHTS FOR
LAWYERS AND LAYMEN
BY REYNELLE G. E. COHMSU, OF PORTLAND BAR.
A -
ing
N INGENIOUS WORKMAN. Dif-
srent courts have different rul
igs . on the various workmen
compensation laws, which have been
recently passed by a number of the
states. The Minnesota courts are not
able for the very broad scope which
they give to this act.
In State v. District Court, etc., 151
N. W. 912, a workman had . been in
jured by the explosion of a dynamite
cap which he was trying to make into
a key. It seems that DeCook, the in
jured employe, was required to keep
the electric light bulbs in the factory
replaced. The bulbs were protected by
a screen, which was locked to prevent
their being stolen, and. the. foreman
carried the key.
One day one of the other employes
handed DeCook what appeared to be
an empty cartridge shell. It occurred
to DeCook that he couia make a Key
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for his use and so save time and energy
in hunting up the foreman. The shell,
however, happened to be an unexploded
dynamite cap, and when the ingenious
worman pounded it with a hammer, it
promptly exploded and injured the
amateur keymaker.
The employer company, on being eued
by DeCook for his injuries, denied lia
bility on the ground that dynamite caps
were neither kept nor used in their
business, that DeCook had neither ex
press nor implied authority to make a
key; hence DeCook had departed from
his duties as a servant when he met
with the accident and was engaged in
something entirely at variance with the
master's business.
The court, however? upheld the em
ploye's contention, holding that the law
in question was intended to "relieve
against the hardships resulting from
the many unfortunate accidents which
do take place in this age of extensive
use of complicated machines and appli
ances and of great enterprises necessi
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THE SUNDAY OREGONIAN,
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tating the indiscriminate employment
of large forces of laborers and mechan
ics." And that-since the statute in ques
tion was intended to be highly remedial
in character, the courts ought to guard
against a narrow construction.
As to DeCook's right to make a. key.
the court said in part: "The trial court
evidently took the view that DeCook,
in good faith, believed he was farther
ing his master's business and perform
ing an act which he might reasonably
be expected to do, when he undertook
to provide himself with a key . . . He
had a variety of matters to attend to,
in which he, like servants generally,
had to rely on the promptness of his
own judgment as to details. Undesir
able, indifferent and of little value, in
deed, are the -services of an employe
who must be expressly directed as to
the time, manner and extent of doing
each particular task.
"Hence, when a servant undertakes
in the course of his" emplpyment, during
the proper hours, and In the proper
place, to do something in furtherance
of his master's business, and meets
with accidental injury therein, the trial
court's finding that the accident arose
out of and in the course of employment
should not be disturbed, unless it is
clear to us that the ordinary servant,
in the tame situation, would have no
reasonable justification for believing
that what he undertook to do when in-
PORTLAND, DECEMBER 3, 1916.
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jured was within the scope of his Im
plied duties."
When Is a Man Dead? And may hie
death be presumed merely from his long
absence from home? The case of Wood
men of the World v. Robinson. 187 S. W.
215, discusses this interesting question.
It appears that Robinson, who was a
member of the Woodmen, took out a
benefit certificate with them for $3000.
One of the provisions of the certificate
were that the injured agreed to be
hotind by any rules or bylaws then In
force, or thereafter enacted by the or
ganization. Soon after, the organization passed a
bylaw which provided that the absence
or disappearance of a member from his
last known place of residence for any
length of time "shall not be sufficient
evidence of the daath of that member,
and no right shall accrue under his cer
tificate of membership to a bene
ficiary." '
Several years after' the enactment of
this, bylaw, Robinson disappeared. And
about four years after his disappear
ance, his wife sued to obtain his insur
ance under the benefit certificate,' on
the assumption that he was dead.
The Woodmen set up their bylaw as
a defense to the claim. The 'court, how.
ever, failed to sustain their position,
holding that the bylaw was null and
void, both on the ground of unreason-
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ableness and because It contravened the
provisions of a state statute which pro
vided that: "Any person absenting him
self beyond sea or elsewhere for seven
years successively, shall be presumed to
be dead, in any causo wherein his death
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may come in question, unless proof be
made that he was alive within that
time."
To the contention that Robinson had
not yet been absent the required period
of seven years, the court replied that it
CAMERA
King Is Pick of Army.
might. In a proper case, infer the death
of a person before the expiration of
the seven years.
"Evidence of character, habits, domes
tic relations, and the like, making the
abandonment of home and family im
probable, and showing a want of all
those motives which can be supposed
to influence men to such acts, may be
sufficient to raise the presumption of
death, or from which the death of qne
absent and unheard of may be inferred
without regard to the duration of such
absence."
In the case at bar. Robinson was
shown to have been a "man of exem
plary habits, contented and respected,
a most devoted husband and exceeding
ly happy in his domestic relations." and
there being no incentive shown for his
absenting himself from his family and
his home, his continued disappearance
was held to justify the conclusion that
he had died on or about the date of his
disappearance.
STUDENTS' BAR DESSERT
Undergradates at Oberlin Eschew
Luxuries to Aid War Fund.
OB E RUN, Nov. 18. That Oberlin
College's Y. SI. C. A. may raise Its share
t the hundreds of thousands of dollars
being pledged by American schools for
the work in tile prison camps of Eu
rope, Oberlin undergraduates are deny-
ng themselves luxuries.
Every boarding house here has set
side in Its annual social budget a cer-
ain sum of money for relief work.
The larger houses have sacrificed the
annual house banquets, which are a
great feature of Oberlin social life. The
graduate school of theology has abol
ished all banquets.
At one large boarding house all
boarders have denied themselves des
serts until Thanksgiving. The college -classes
have all voted to participate,
and from them already J100 has been
raised.
TEACHERS' DANCE BARRED
North Dakota School Also Forbids
Playing of Cards.
CHARLOTTE, N. C, Nov. 20. Dan
cing, card-playing or other forms of
dissipation" that tenu to Keep young
women teachers up late it nignt, came
under ban of the city school commis
sioners, when they sent formal request
to the teacUers to discontinue such
practices.
The commissioners conienaea mm
these amusements militated against
successful work in the school room.
PIIWPLES ON FACE
ITCHEDJERRIBLY
Large, Red and Sore. In Blotches.
Disfigured and Skin Burned.
In One Month Completely
HEALED BYCUTICURA
SOAP AND OINTMENT
"Pimples broke out on the sides of
my face, and later became more serious
ana itched terribly. The pimples were
laree, red, and sore,
and they came to a white
head. They came in
blotches all overmy face
and one side of my neck.
I was disfigured for the
time being, and itched
and burned. 1
"I tried all sorts of
remedies but could get no results. Then
I tried Cuticura Soap and Ointment.
They afforded results in a few days, and
after about one month I was completely
healed." (Signed) Mrs. L. Shaop, 2338
King St., Denver, Colo., Jan. 30, 1916.
Sample Each Free by Mail
With 32-p. Skin Book on request. Ad
dress post-card: "Cuticura, Dept. T,
Boston." Sold throughout the world.
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