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
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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"?.-.
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