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About Ashland tidings. (Ashland, Or.) 1876-1919 | View Entire Issue (April 28, 1913)
Monday, April 28, 1013. LIABILITY LAW IS HIT JINGOES STILL TALK UNITED STATES NATIONAL BANK Labor Forces Aroused by Decision of the Oregon Supreme Court on Employers' Liability Uw. Japanese Paper Talks War Bryan's Visit Exected to Bring Peace in California. First National Bank -IS THE- PIONEER BANK Security-Service CAPITAL, SURPLUS. UNDIVIDED PROFITS Q4nr AAA AA AND STOCKHOLDERS' LIABILITY OYEK $175,(100.00 DEPOSITORY OF GOVERNMENT SAVINGS BANK FUNDS DR. W. EARL BLAKK " , DENTIST First National' Bank Bids., Suite 9 and 10. Entrance First Ave. Phones: Office, 109; Res., 230-J. DR. J. E. EXDELMAN DENTIST Citizens Banking & Trust Co. Bldg. Suite 3 & 4 ASHLAND, ORE. DR. F. II . JOHNSON, DENTIST, Beaver Bldg., East Main And First Sts., Ashland, Oregon. Phones: Office 178, Res. C50-Y. DR. J. 8. PARSON. Physician and Surgeon. Office at Residence, Main Si.reet Phone 212 3. O. V. GREGG, M. D. Physician and Surgeon Office: Payne Building. Phone 69. Residence: 93 Bush Street. Resi dence phone 230 R. Office hours: 9 to 12a. m., 2 to 5 p. m. Calls answered day or night. Massage, Electric Light Baths, Elec tricity. JULIA R. McQUILKIN, SUPERINTENDENT. PAYNE BLDG. Telephone 306-J. Every day excepting Sunday. TOYSON SMITH, M. T. D. . Graduate American College of Mechano-Therapy, of Chicago. STEPHENSON BLDG., 21 North Main, - ASHLAND, ORE. W. F. Bowen. E. O. Smith, Phone 232-J. Phone 200-J. BOWEN & SMITH ARCHITECTS. Rooms 7 and 8, Citizens Banking & Trust Co. Building. Phone 164. MISS THORNE Graduate Nurse 70 THIRD STREET PHONE 309-J. MRS. F. H. CHAMBERLAIN Graduate Nurse 279 liberty Street PHONE 410-J. MRS. BELLA BONER Graduate Nurse and Masseuse Late of Philadelphia 12 Mechanic St. Phone 232-R Phone 68. 211 E. Main St. BEAVER REALTY COMPANY. A. M. Beaver, E. Yockey. Real Estate, Insurance and Loans. Exchanges u Specialty. ASHLAND, OREGON L. K. SHEPHERD Factory Piano Tuner .Phone or write C. F. Shepherd & Sons, 658 Boulevard, or PHONE 320 J. MODERN WOODMEN OF AMERICA VToVinrOTW fumn. No. 6565. M. W A., meets the 2d and 4th Friday nf aanh month in Memorial Hall. F. G. McWilliams, V. C; G. H. Hed- berg, Clerk. Visiting neignoors are cordially Invited to meet witn us. CHAUTAUQUA PARK CLUB. Regular meetings of the Chautau qua Park Club second ana rourin r days of each mouth at 2:80 p. m. MRS. F. R. MERRILL, Pres. . MRSr JENNIE FAUCETT, Sec. Civic Improvement Club. The regular meeting of the Ladles Clvln Tmnrnvomont P.lllh Will b held on the second and fourth Tuesdays of each month at. z:au p. m., . "" Carnegie Library lecture room. OF ASHLAND FRANKLIN K. LANE. Former Head of Interstate Body New Secretary of the Interior. SCUTARI IS CAPTURED Montenegrin Troops Foree Turkisli Garrison to Capitulate After a Fierce Fight. Belgrade, April. 23. The capture of Scutari by Montenegrin troops was marked by enthusiastic demonstra tions here today. Business was at a standstill practically all day. Cettinje, April 23. Following a fierce attack on Scutari last night by Montenegrins, which lasted through out the night, early today the Turk ish commander capitulated. Losses on both sides were heavy, several sorties by the Turks having been re pulsed by the attacking army with great loss to both sides. The sur render followed a heavy bombard ment, interspersed with attacks by which the Montenegrins captured line by line the Turkish defenses. Cettinje, April 23. The Montene grin forces made a fierce attack on Scutari last night, according to an official report. The engagement lasted all night. The Montenegrins captured two lines of posts on the west and east fronts. Early today the Turks attempted counter attacks but were repulsed. The Montenegrin loss was heavy and the fall of Scu tari is imminent. Vienna, April 23. Cettinje reports here today say that the Montenegrin bombardment of Scutari continues unabated. Premier Venlzelos of Greece today wrote Bulgaria, Monte negro and Servia suggesting that the allies meet to decide upon what de mands they shall make when they meet representatives of the powers. McMANIGAL WILL BE FREE. Confessed Dynamiter Says He Will Begin Life Over Again. Los Angeles, April 24. Ortie E. McManigal soon will seek a place where he is not known, there, he said, today, to "begin life over again." This statement followed the unofficial announcement that he would be released within 30 days without restriction. McManigal has been a prisoner here since April, lgll.' McManigal said he had no information regarding prospective liberty, and maintained that, when he turned state' evidence against the McNamara , dynamite crew, he did so to ease his conscience and not for any consideration of im munity, SUNSET MAGAZINE and Ashland Tidings one year $2.75 to old or new subscribers. Regular price of Sunset Magazine Is 11.50 per year. 4 Portland, April 25. The practicai emasculation of the employers' liabil ity law through the decision of the state supreme court in the case of Lawton vs. Davidson and Morgan, Fleidner & Boyce, is rousing the la bor forces of this city as has no oth er recent decision of the courts. When the decision was firat rendered its effect was not appreciated. But now the labor leaders and tueir legal advisors conclude that one , of the most vital purposes of . the liability law is defeated, through what they charge is a very narrow construction placed by the supreme court. This law, which was advtjated by tive of abolishing the defenses in in organized labor with the express nio jury cases known as "fellow serv ant," "independent contractor" and "contributory negligence," was un derstood to establish beyond doubt the loint liability of the general con tractor with his sub-contractors in work. This provision waa inserted so as to prevent responsible contract ors from sub-letting parts of the work to irresponsible men or com panies, and loading liability for dam ages through negligence vpon these who did not have the means to pay. It had been found that the practice was so general as to make collection of civil damages often impractical. The sub-contractor was construed, to be in charge of the employe, and if anything happened, had no money with which to pay a judgment for damages. When the labor forces concentrated their efforts upon en actment of the employer.' liability law they expressly had the measure framed so as to prevent shifting re sponsibility in this manner, but the decision of the supreme court nulli fies this purpose. In the case decided, Morgan, Fleid ner & Boyce were erecting a build ing, and hired Davidson to drive piles for a foundation. After the injury occurred to one of Davidion's em ployes he was joined with the big company in the personal injury suit. The supreme court holds that David son was an independent contractor, and the only one responsible to the employe for injuries received from defective pile driving machinery This shows that the court yet retains the defense, "independent contract- oi," which the labor people thought they had abolished completely in sub-contract work. The court reasons that, as "All owners, contractors, sub-contractors corporations or persons whatsover, engaged in the construction of," etc., are joined by ' the word "or," the duty and liability imposed by the law relates to the present named sever ally, and not jointly, and this not withstanding the fact that in the same connection the following lan guage is used: "And generally all owners,' contractors or sub-contract ors and other persons having charge of," etc. The court holds that the "or" here immediately preceding the "and" must control the "and" so that It should also be read as "or." "The general purpose of the act s ems clear to us," said a prominent labor leader this morning. "It was to give labor better protection in life and limb, and executing this pur pose, provided for safe machinery Providing this safe machinery was made a duty of everyone interested in or engaged in the work. Such provision cannot be said to exist so long as an irresponsible sub-contrnct- or is to be solely charged with the safety of men he employer: on a big job." Among the legal advisors of the laboring men it has been said that common knowledge on construction points the fact that "and" is to be "or," and "or" to be read "and indiscriminately. In view of this, the general opinion of those who have expressed themselves is that the court should have found no diffl culty whatever In constructing the law to say what the people enacting thought and intended it should say. As the effect of such a construction would be on the humane side of the study, the laboring jnen marvel still more at the decision. They insist that it should have been constructed to give the amplest protection to and trie fullest right of action tc labor. Dickens' "Little Dorrit" Dies, 100 Years Old. London, April 24. Mr3. Mary Ann Cooper of Southgate, the origi nal of Dickens' "Little Dorrit," died yesterday In her 100th year. She and Dlckeno were boy and girl together when she lived In the same street in Somerstown. The PORTLAND EVENING TELE GRAM and Ashland Tidings one year, $5.00. Denver is demanding total absti nence by police officers. Toklo, April 25. Boastful declar ation that the Japanese fleet is capa ble of vindicating the national honor if forced to action by discriminatory legislation, was voiced hero today by Osaka Mainichi, a widely circulated newspaper, in a warlike editorial. The majority of the Japanese papers, however, adopted a mora tranquil tone. Satisfaction is generally expressed here over the intentioni of Secretary of State Bryan to go to Sacramento to consult with the California legis lators on the proposed anti-alien land law. Washington, April ?5. President Wjlson announced this afternoon that he did not believe it would be necessary for Secretary of State Bryan to remain in California more than three days.. He expects the alien land situation will .a cleared up when the secretary reaches Sacra mento. Bryan is expected to explain to Governor Johnson and the state leg islators just how fan they may go In passing anti-alien land laws. If Bryan's suggestions are accepted that will end the matter, but if they are ignored there will be nothing for him to do but to return to Washing ton. Secretary Bryan is expected back in Washington not later than May 8. A number of his plans have been up set as a result of the California trip. His welcome to Sir Cecil Spring Rice, the new British ambassador, will be delayed and the formal ban quet to be held in his honor, sched uled for next week, probably will be held May 10. The Pan American Society dinner in New York also will be delayed because of Secretary Bryan's absence. The California situation was not discunsed at today's meeting of the cabinet. RAILROAD WILL UK GOOD. Company Will Not Attempt to Vote Employes. Portland, April 25. Railroad em ployes are not to be given instruc tions on how to vote in the coming primaries. This announcement comes officially from J. D. Farrell, presi dent ot the Oregon-Washington rail road, in a proclamation issued to the men on the payroll of the corpora tion. Politicians who get on the good side of officers and foremen and then expect them to deliver the votes of the rank and file are to be disap pointed, for under the order of Far rell the rank and file will not have to vote as per instructions of the man higher up unless they feei so inclined. Railroad "tickets" havo been is sued in elections in Portland for years, employes being supplied from a mysterious source, with a list of the ballot numbers they were expect ed to support. No such slate will be given out in the primaries May 3, if the instructions of Farrell are carried out. Today," over his signa ture, he gave out the following no tice to employes: . "Political activity in tha way of attempting to influence the votes of employes has been attributed to vari ous officers and heads of depart ments. of this company from time to time, and as another election is ap proaching, the management desires to take this opportunity to 'nform all of its employes that if any attempt is made by an officer of this com pany to influence the voto of such employe, such action is not author ized and such officer does not speak for the management. "Absolute freedom of action in po litical matters is the right of every employe, and the officers, heads of departments and foremen of this company will not attempt to influ ence the vote or action -of any em ploye in any election." America 8ho;i!d Rule Canal. WashingtonApril 25. The belief that the United States, as owner of the Panama canal, has the right to fix toll rates without outBide inter ference, was expressed by former State Secretary Olney hero today in a speech read before a meeting of the American Society of International Law. Olney was not present. "If the question of Panama canal tolls 1b submitted to. arbitration," Olney's speech said, "it should not be submitted to The Hague, but to a special tribunal. The Ha?ue would be partial, as admittedly all Euro pean powers are interested in the outcome." Chandler P. Anderson, former counsellor of, the state department, and Lewis Nixon, the New York ship builder, coincided with the views ex pressed in Olney's speech. , Scale receipts at Tidings office. Oldest National Bank in Jackson Connty Efficient Service Courteous Treatment if SUNDAY IN THE CHURCHES S n 8 Notes of Services of Various 8 g Religious Bodies. Baptist Church, corner Second and Hargadino streets. Sunday school, 9:4a a. in. Preaching, 11 a. m. B. Y. P. U., 6:30 p. m. Preaching ser vice, 7:30 p. m. Prayer meeting Thursday evening at 7:30. Brethren Churcn, corner Fifth and East Main streets. Sunday school at 10 a. m.; preaching ser vice at 11 a. m.; C. E. at 6:30 p. m.; evening service at 7:30. Prayer meeting Wednesday evening at 7:30. Frank Llndblad, pastor. Church of the Brethren, corner Iowa street and Mountain avenue. Sunday school at 10 a. m.; church services Sunday at 11 a. m.;' Chris tian Workers and preacl ing services Sunday evening at 7:30. Prayer meeting Thursday evening at 7:30 o'clock. We cordially invite all. Elder S. E. Decker, pastor. Christian Church, corner B and Second streets. Nelson L. Browning, pastor. Residence, 55 Pine; tele phone, 128. Bible school at 10 a. m.; G. W. Milam, superintendent. Communion and preaching at 11 a. m. Y. P. S. C. E. at 6:30 p. in. Jr. Endeavor at 4 p. m. , Teacher training at 5:15. Evening service at 7:30. Prayer meeting Thursday evening at 7:30. Ladies' Aid Wed nesday at 2 p. m. Pastor's after noon at home, Tuesday. First Churcn of Christ Scientist Sabbath school, 9:45 a. ni.; regular morning service at 11 o'clock Sun day; Wednesday testimonial exper lence meeting at 8 o'clock in the evening. All services are held in G A. R. Hall. Reading room Is open every day In the week between 2 and 4 p. m. except Sunday. All are cor dially invited and literature may he read free of charge, or purchased, if preferred. F. C. Homes, first reader. First Congregational Church, cor ner Boulevard and East Main. W. A. Schwlmley, pastor. Manse, 469 Boulevard. Sunday services: Sun day school 9:45 u m.; C. G. Por ter, superintendent. Preaching at 11a. m. Junior Christian endeavor, 3:30 p. m.; Mrs. W. A. Schwlmley, superintendent. Y. P. 3. C. E. at 6:30 p. m.; V. V. Mills, president. Preaching service, 7:30 p. m. Pray er meeting Thursday evening, 7:30. Men's League the second Monday evening of each month: C. H. Willl son, president. Ladies' Aid meets second and fourth Wednesdays of each month; Mrs. E. A. Morthland, president. Woman's Missionary Union meets the first Wednesday of each month; Mrs. W. A. Schwlmley, president. First Free Methodist Church Corner East Main and Seventh street. Sunday-school, 9:30; preaching at 11 a. m. and 7:30 In the evening. Pray er meeting Thursday evening at 7:30. All are cordially invited. M. F. Childs, pastor in charge. Methodist church. Sunday school, 9:15 a. m.; preaching, 11 a. m.; Junior League, 3 p. m.; Epworth League, 6:15 p. m.; preaching, 7:30 p. m. Rev. L. C. Poor, pastor. Pentecostal Church of the Naza- rene cor. Fourth and C streot John" T. Little, pastor. Sunday ser vices: Sunday school 9:45 a. m., Thornton Wiley, superintendent. Preaching services at 11:00 a. m. and 7:30 p. m. Presbyterian church, corner North Main and Helman streets. 11. T. Chlsholm, pastor. Public worship at 11 a. m. and 7:30 p. m.; Sunday school at 9:45 a. ni.; Men'B Bible class at 12 m.; Junior C. E. at 3 p. m.; Y. P. S. C. E. at 6:30 p. m.; prayer meeting Wednesday at 7:30 p. m. Rosary Church (Catholic), corner Sixth and C streets. Sunday ser vices: Holy Sacrifice of the Mass, 8 a. m. and 10:30 a. m. Christian Doctrine for Children, 2 p. m. So dality of Mary, 7 p. m. Benediction and Sermon, 7:30 p. m. Weekday services: Holy Sacrifice of the Mass, 7:30 a. m. Friday, Holy Hour and Sermon, 7:30 p. m. In terviews by appointment. Phone 106. Rev. J. F. Molsant, pastor. Seventh Day Adventlst, cor. Fourth and C streets. Services every Sat urday: Sabbath school, 9:45 a. m. Preaching services, 11 a. m. Prayer meeting Wednesday evening at 7:30. T. G. Bunch, pastor. Temple of Truth (Spiritualist), 479 Boulevard. New Thought class, Sunday, 7 p. m. Regular Lyceum, Sunday, 8 p. m. Theosopby class, Friday evening, 8 p. m. Trinity Episcopal Church, Second street. Sunday school, 9:45 a; m. Morning service, 11 a. m. Afternoon service, 4 p. m. Holy. Commun ion, 8 a. m. each third Sunday. Rev. William .Lucas, rector. Sunday mornings at 11 o'clock as usual. Instead of 7:30 p. m. the ser vices will, be at '4 in the afternoon during the winter months, so that those failing to attend church in the morning may do bo in the afternoon. The W. C. T. U. hold its regular meetings the second and fourth Tuesdays of each month in the Meth odist church-at 2:30 p. m., unless otherwise notified. Visitors invited. Fire Alarm System. We print below the city fire alarm signals. Readers of the Tidings are urged to cut out this slip and paste it in the telephone directory or In some other conspicuous place. A re print of the signals will appear from time to time in this paper: SSSS$SSS3j.$.33 CITY FIRK ALARM SYSTEM. 9 $ ? ? ? S Fire Chief, nhon 74 Chief of Police, phone 160. S Residence,' phono 410-J. 3 2-0 Bells Cor. Main nnd Wlmer streets. S 2-8 Bells J City Hall. 51-5 Bel In. s Cor. Granite and Nutley streets. J 4-0 Bells $ Cor. Main and Gresham streets. S 5-3 Bells ? Cor. Iowa and Fairview streets. 8 O-l Bells v Cor. Fourth and A streets. 7-3 Bells S Cor. Sixth and C streets. S5J8S$3Sg$.$g.$ Send Now to Frea CATALOG j Copy L The CHAS. H. LILLY CO. Seattle HOUSE OF COMFORT Hotel Manx Powell Strvet at O'Furrell SAN FRANCISCO Best located and most popular hotel In the city. Headquarters for Oregonlans; commodious lob by; running Ice water In each room; metropolitan service. Bus at train. A la carte service. Ideal stopping place for ladles traveling alone. Management, CHESTER W. KELLEY. 'Meet Me at the Manx." CHRONIC m NERVOl,s I UIIIIUI1IU ..DISEASE SUFFERERS.. I make a specialty of treat ing chronic diseases.' As I dp not scatter my 'efforts over the entire field of medicine, I feel that I am BETTER QUALI FIED than the AVERAGE PHYSICIAN to treat those ail ments successfully. I have had long and active experience in one line of practice and this enables me to PROPERLY DI AGNOSE diseased conditions and apply the CORRECT TREATMENT to each case. Are YOU sure your doctor un derstands the real cause of YOUR sickness? Can you af ford to entrust your caso to physicians of limited ' experi ence? I Will Examine and Advise All Sufferers Free, whether you take treatment of not. Come and find out what your disease really Is, and whether or ndt you can be cured. By the latest and best methods I treat NERVO-VITAL DEBILITY, VARICOSE VEINS AND ULCERS, BLOOD AND SKIN DISEASES. NERVOUS i DISEASES, KIDNEY AND LIV- ER DISEASES, BLADDER TROUBLS, DISEASES OF THE STOMACH, HEART, LUNGS AND BOWELS, PILES AND RECTAL DISEASES, CA TARRH, SCIATICA, RHEUM ATISM, EAR DISEASES, EC ZEMA, SCROFULA and all form of CHRONIC and NERV OUS DISEASES of BOTH SEX ES. My offices are equipped with modern electrical appliances and - such scientific apparatus as is needed to treat success fully the ailments ot my spec ialty. Don't suffer longer. Come to my office and I will tell you FREE what the NATURE and CAUSE OF your ailment really Is, and IF and Hov you can be cured and what it will cost. Letters cheerfully answered. My office Is open daily from 9 a. m. to 6 p. m., evenings from 7 to 8 p. m. and Sundays from 10 a. ni. to 12 noon. t DR. C A. FOWLER t 221 Morrlsoa St., Cor. First PORTLAND, : : OREGON ,. mflutwk"?.-. mix