The Oregon daily journal., March 08, 1908, Page 27, Image 27

THE' OREGON- SUNDAY JOURNAL. PORTLAND. SUNDAY MORNINQ-- MAfiCH 8. 1S03.
GOING
TO
AMERICA
,
FOR
"NATURE
RAKERS"
- JXJA.hJ: - aw a Leading Field Nat-
T
iS
urisC Wto Goef to tte Unitecl States; in Mirct7 Will Pay VisH; to Fewdent Rowevelt BcfowBeinnin Campaign Against Those Wlo Write Weird Stories Adou Brute Creati
, o junn d a., eisei. . - w a umptr 01 snecp until i wb morir- r-'" 1 1 m-vmiip 11
ONDON, Feb. II. Nature lover !n tBan ; 10 . wrm old, but when I was 5 , " ' -- 1
" - - uen. wnen cumoing tnat maae
O
wu ft keeper or sheep until I was morr- "
an acei-
nrmi
, vty shortly of hearing the leading . nent cripple of me and prevented me
a - - -a . -1. ,-.. .
British field naturalist tell of xorever rrom njoyjng tn ordinary
nia
cam with
tlon of th. .!. r.w-r." hm Pr. "This . accident had tha profoUndeat
iivi vh in ui,m nu iuia u wuut
that Jt drove in closer to, nature. " I
-(
1 ma f. -j i-r.
Unary - IT
exploit, in purault 'of wild J" ' V 'JVf ,
f.to acathlng . eondemna- , - . 't I
baa - denounced . so
-.dent Roosevelt
t. atrnnvtv i. .-""
" Ther.r.:no nam.; btar
' monf modern, namra atudenta. on thl "?'!rwatchIn5 th. birds ftnd beast.
. aide of the water at least than ihovt n he7 , bernm my only friend.'
of Richard and Cherry Kearton. the I ; learned . to call Jhe .rabblta out, of
fdWnar.&pTynrea tLTti? na Z 5
have worked tOMther for over 1 yeara.- rouaa , acroaa the moore to me, and
, ktchard-' Kearton. who la going to I learned almoat everything laa In'
America In March,' la perhape the bet- the way of field craft that, there waa
ter known of. the. two, for he la the to learn. I waa fanioua ae a boy for
Bcienuat and writer, while tila younger my aucceae in tickling .trout'
brother. Cherry, la tha photographer f "When I waa about 20 yeara ' old
Of the combination, - , things began to go badly for the York-
Richard Kearton la ft great" admirer shlra farmers and I. dnclded to try
of President Hooaevelt, whom 'ho con- my luck In London. I accured em
aiders one of the beat Informed- prac- ployment with a large publishing house,
tlcal naturaliata In the world, and hta I began at tha bottom of , the ladder,
first journey, after he landa In New of courae, but I gradually worked my
York.' will be to 'Washing ten to visit way up- and by and by tha Idea of
the president with whom he has long turning my knowledge of nature to
been In correspondence and who la fa- account came to me. I began ty write
miliar with all his books. No doubt on the varloua aspecta of nature for
,when these two lovers of .nature meet the newepapera ,and magaslnea and I
they wIlKbe able to exchange tall but found that the public liked to hear
true stories, for the Kearton brother about the ways of the birds and beasts
' have had more thrilling experiences In from one who really knew them and
their pursuit of .wild birds with the had studied them at first hand,
camera than fall to tha lot of most
. ' Ntturt Philoaophy.
Mora Than once,- Cherry Kearton hat , .
narrowly eacaped being killed by falling "The. beginning of our work of na-
masses of rock while descending Uffa ture 1 photography, however, waa de-
t the end of a awaytng- rope to e- . ,., .,
cura photographs of blrda In thetr Ujr,! un,u mJ nd then H wa" du-
, nests. The striking qualltlea displayed to what may really be called an aeel-
. by theaa two naturaliata, however ar dent. My youngest brother Cherry -had
WoZ :rcid'nuVntUilhyi. nkTn tr " - -
six houra a day for three daya hold- Joying a' holiday together on a farm
Ing a. camera mounted on atllta to se- near tha great city. Cherry had Just
cure a photograph of an osprey. Richard bouh. . k ranters, and waa In tha
Kesrton once built himself a but, atone DOUnl 6 camera ana waa in the
. by atone, on the edge of a Scottlah lako atage when ha waited anapshots of
to aecur a photograph of a black- everything In sight. I noticed the nest
throated diver and lay In tbla hut for ' thrush, full of eggs, in an acces-
aeveral daya not daring to atlr until alble place, and 1 auggested that he
the bird approached near enough fo ba try bJ clf wlth J1- . secured a
snapshotted splendid picture and It gave me tho
Idea of writing a book on "British
Soma at Hia Devices Blrda' Nests," and having him lllus-
SOmt OX rtli devices. trate )t wtn phototrapha. We did u
fcome of the devlcea which they have thJl w J"eJI' l?e beginning of
, ,h nature pliotogrfphy in Great Britain,
adopted to enable them to, approach ..slnce iht f)rBt fxpotur we navl
shy wild blrda are remarkably Ingenl- traveled between 10.0U0 and 40,000
oua. Artificial bulls and sheep, In the miles by railroad and ateamboat In pur-
bodles of which thev have concealed "u,t of n4"1"" photographs and we have
uouiea or wmcn mey nave conceaiei MpOBe1 more than 1 000 photographic
themselves while the camera waa platea, We have aecured pictures of
pointed through a tiny aperture In the most of the wild birds and beasts of
side or chest of the animal, and tenta Vre xsriiain in tneir natural aurrouna-
and huta of rushes and natural grassos J."" ? ."?me
the
icica Lliaas. unLuin viivtuft- . . .
raphy Is a simple thing should aee tha J'.hna n8 .T 'w? ';
Kearton brothers when thy leave "- 17i " ' 7 '. ,
lndon for week's expedition on the f 1"' .7, 1.7" ' , " , , V. J. 1
. 1, .. Th. time, and have not caught yet.
"We wllget them yet, however, aniVI
think It la not boasting to say that We
have secured more and better results
than any other nature photographers In
this country. Of course we originated
aro only aome of the devlcea. Any " ""!""' ..",.l,n
one who hellavaa that nnfnr rthotoa- """""I ana .mora man iuu in actual
KiMrtnti hrnt ham sIiaii thitv
moors or In the mountains. They
carry enough Impedimenta for a amall
army, but everything is compact and
nothing la taken the use of which has
not been proved and teatcd.
two brothers,, looks the part of a nature nature photography here, and a man a
lover. His appearance remlnda me lr- f poor Bluff If he allowe himself
restlbly of the wild Yorkshire moors o be beaten at his own game,
on which he was born and brought up.
lie Is connected with one of the larg- Some Adventures.
t London publishing houses, but of a, , ... . ., . ....
late years he has fotlTnd less and less Bom ot the lentures which have
time to devote to this branch of ac- befallen the Kearton brothera In pursuit
tlvity. Most of his time Is now spent of wild blrda with the camera are as
In hunting with the camera or In writ- thini h.. K.
Ing his nature books In the old world ""nK "y ave been recorded
home that he has established In one of big game huntera with the gun.
of the most beautiful part of Surrey. Among the hardest birds to approach
He still owns a little land In York- , ,,. h-, ,h. K m
soire. enough to be buried In." he r that nest In the cllfta by the
say a. "for somehow one does not fancy "eaalde and most of the photographs of
being burled in Iondon. You must these birds which they have secured
live with nature to understand It," he have been taken by Cherry Kearton
adds. when he was danglln in mid air at the
But his history Is best given In h!s end of a rope. Twice he has narrowly
own words as he told It to me a few escaped death from falling pieces of
days ago. rock and on another occasion the man
1 was born lit 1862," he said. '.'In who was winding the rope at the top of
one of the wildest parts of Yorkshire, the cliff forgot all about th man dan
w lie re mile after mile of moors stretch gltng at the end of It and byname ab
away to the horizon on every side. I sorbed In something- that was happening
,:...' I t , I : II.-. If. WIIX Lm I. WZI W . f A. H'i; ri"
aaaa. r l iuk.cu w lBBaw.- -Lr sa a a sv w a.
'
" ' -'ft
h
- ' 'aw X-
lit ,xteVMm&r&
v i t r-a nitrr mti r vtxtht?X.- tT
reared tnai it Became insensibly a r.i.
Of the natural srenery. Th" bird swm .
round and round watching tha pr.xi, ,
and gradually liecama aocustorned t.,
but not for several days after the liu'
was completed did - aha come nor
enough to be photographed. At laat aim
swam right up to tha but and tha simp
hot waa taken. -
Both th 'Kettrton brothera have th.
greatest contempt for the nature faker
who have been so vigorously denouru 1
by President Roosevelt.,!.. , '
Truth la Wonderful. . '". .
"Nature la not In need of writers
who- Invent Impossible ' stories abont
bfrds and beasts," Richard ' Kearton
say a. "The truth la far mora wonder
ful than anything that any writer. can
In Vint., and I einnot aee why any one
should take tha rouble to Invent Ilea
when tha bare facta are ao much more
Interestlrg. For Instance, we hear a
greHt deal about tha mothering of their
young by th blrda. A few month ago
I secured a photographic record of a
male bird of on apeclea feeding tha
young of an entirely different species
which for some reason, or other had ht
thtlr pan-nta. Can anything In th ro
m ii noes of the nature fakera be more
wonderful than that?
Then thora la the habit of aarrlbina
hunnn attributes to tmlmatft. This Is
alloai'ther wrong. Wild animals even
of the i. a mo species differ ft great den I
In Intelligence snd disposition, and It
h wonVrful how much aome of them
know In the way of taking caro of them
selves, but l Is no use attempting to
ndt,w them with human Intelligence.
Kver nrnrti.al field naturallat know
thnt th" thin u not ao and very at-
lemn' if. no tto must be classed as
out at sea. Only Iron, nerve and cool
ness saved him on all these occasions.
Ills narrowest escape waa once when miction
h whs aescending a rtlff In order that Tne mliu of the most lntellgent of
his brother who was on the ground at domesticated animals and they are
the foot of It might make a blosoops even more Intelligent than wild anlmul
record for use In Illustrating a lecture Ih, when compared with th human
on their Joint work. The cliff waa mart mind. lik n ruMhlKht compared to the
than two hundred feet high and When noonday sun."
Cherry Kearton had got down about It Is douhtrul If the Kr-nrton brothera
forty feet from the top a great mass of would have b-cn o xucceaaful even
rotten rock becme detached from th with their pntiMiice. pluck and Ingenuity
eda-e by the weight of the rope ftnd If Richard Kei-ton latl not baen on
fell. It came straight for the msn at of tho-e men win. are gifted br nature
the end of the rope an. I the man" at the with an almost Intuitive knowledge of
foot of the cliff held his breath and the hnWtH snd chunu-terisiles of wild
stopped working the bioscope machine, creatures. There Is hardly a wild bird
Just as the rock reached him Cherry which Is fairly plentltul in Great Brlt-
Kearton braced his foot against the ln whose call h cannot Imitate so
side of the cliff and gave a vigorous accurately that the birds themselves are
push. As he swung cut tho rock graxnd deceived. He can ?o out Into -hia gar-
lils head. When he reached the bottom dn "nd call the birds to him and with
his first words were to upbraid his of thorn he has become so fa-
broUter for stopping the bioscope ma- miliar a friend that they will perch
chine. "You missed the heat aet of on hl" ''"ter and allow him to atroka
pictures we ever had the chanca to aet." tneir packs. it is this intimate knowl
edge of birds and bessta that makea
hlrn so Impatient with the "natur
fakers."
I m pressed am Postman.
From the Cleveland Plain Dealer.','.
Gesticulating wildly, a determined
faced man at Euclid and East Eighty
ninth streets the other morning', ran'
after a union station car with the air
of a man who Is anxious to overtake
CMEfcEY KBAXTON DB3PCMDI NG A CUFF TO
SWJZt mnoOZAPiMOf- WILD BJ KVo IN THEIR, NEvSTvS.
LAW AND THE INJURED WORKMAN
tne Greatest Industrial State in tne UnionOdds WkicL Are in Favor of Employer Defenses Whicn Date Back to Early Customs
he said.
Close to Birds.
Some of their other methods In get
ting close to shy wild birds, while less
exciting, are almOHt as Interesting. On
of the motu successful has been the
use of stuffed sheep and( oxen In the
bodies of which thry have concealed
themselves. Artificial tree trunka and
rocks have also been utilized.
"Our aim Is to mnke ourselves a part what he Is after. -. ' (
of the landscape, " said Richard Kear- Kven the conductor recognised that
ton, "and I think we have been success- the man seemed to want the oar to"
fnl A ulieplierd has tried to herd our slow up and he pulled the bell cord,
sheen, and once a cattleman tried to Perhaps the man wanted to catch ft
drive our artificial bullock out of his train, the conductor thought Every,
muster's pasture Into which he thought once In a while one will find ft COnduc-
It had strayed." tor with almost human traits.
The story referred to above of the I" a moment the man had caught tip.
picture of the black throated diver, one "D'yuh go by the postofflce?" ho
of the rnrest and shyest of British ws- yelled. In a hoarse voice that betrayed
ter fowl. Is nlso Interesting Rlrhnr.l his emotion.
Kearton located a particularly fine "Hure:" shouted the conductor,
specimen which lived on an Island In "Jump on."
one of the Hcnttlsh lakes. He trfed for But the man. Instead of climbing on,
weeks to approach It In ft boat and hsnded the conductor a letter.
fHlleil. Then he donned a complete suit "Just drop that In when you get to 1
i.i i)iiRKinn iinn iook up nis position in poni',11 ue, win yun : wyii na. Ana.
the water on the crlffn of the lake. Stone then he turned bark up the street.
In- stone he built himself a little hut. The bell rope, being a strong one. did'
'axing ine s nines rrom tne Dottntn or nni cjunr ureas wnen irie conciucior gave
the lake, and so gradually was It the signal to go ahead. . , . ,
fa unncHimrHi rAwrnr
fMPIUUJUIURWlUiiULlU'
By Crystal Eastman.
Copyright 1908. Charities and The Com
mons, New York:
THE recent decision of the supreme
court declaring tho federal em
ployers' liability act of 1906 un
constitutional seems to suggest
that no matter how determinedly
progressive our national executive "may
be, and ho matter how willing con
gress may be to fall In lino with him,
we must look to th state for any
real advance along this line. President
I
I
Th recent Cnlted States supreme court ruling, and the presi
dents message have made employer'a liability a subject for national
discussion. Thia preliminary study of the law of master and servant
In Pennsylvania was made by a number of the ataff of the Pittsburg
Survey, which Is undertaking a detailed Investigation as to where the
economic burden of industrial accidents actually falls how far It is
borne by damages, benefits, relief funds, Insurance, etc.; and how far it
must be shouldered by disabled men and the widows and children of
those killed. This accident Investigation, In turn, Is part of a larger
lnoulry as to the social and economic conditions of. the wage-earning
population now golne- forward in the Pittsburg district under the na
tional publication committee of "Charities 'and The Commons."
mtwrr ir wi mty n;-inaif nw nU or manufacture oyna- ut A
been lnaplred by this decision, makes mlte M lt j, to practice law oT dig po- ia m
It clear that when an adequate na- tatoes. If a man chooses one rather ing (
tlonal law has covered the field of In- tnan the other, the danger is his own fulnc
lsij-alrmi ri harmnra lha low a lsni wa ( VT... V . a . e
left to J, tull ViV. 1.7 -Tv "Tf" r" " U)n"' common among workmen.
" And U for fr"nted hat 'or tne extra r,3k m,te at he end of a train of cars thoso dinjr da?,Berous woi
ifldenco "i'Tthere ff'VnP.?- 8t.?d f th middle ?8 thle .lance. brXmcnKwUl ride
deflni- iimt !SJTtE?W ..J?m.W;y.wH" !?51J,rBi.b?- nn,ln. unnecessarily.
Roosevelt himself In his virorous me"
lLEAVlrJ tV.w)Ji-iym5tI!",tr,ter.rtM or manuractur oyna- tef And servant, the duty of the master
merely to take due care In employ-
servants or ordinary skill and care-
Aai III...,-!.... a - J
tra-state employment will be left
the action of the several states." J
lie goes on to express his confidence
i rl.rKiiil.f tllU, ln greaier rewara supumiea mr in cause, or this carelessness the dyna-
tlon of responsibility before thorn thla am, contract for hire. Of course, mite car. when many miles from New
will undoubtedly give to the perform- it not merely the r,,k of accident, York, meets with a Slon and li
atice of their duty within their field happening in. spite of every safety pr- blown up. A cow ' browsing In a field
Mhe consideration the Importance of the caution nd protection, which the cm- new th. track and a station agent
subject demands." The time has come pioy a8umes; he aesumSs the risk keeping hia lonely post in a small
then for us to find out, by a study of the work as It Is ordinarily carried country station next to the field are
Of the statutea and the more recent on. For instance, the handle on a hoth blown J til.. mL .kl T.I;
mon usage: and thst they are further hire the law assumes that tho work
hedged about by the three defenses man Is as free to adopt or refuse a Job
we. liave iust discussed. It Is clear that as the corporation Is to take him or
this Is merely a positive statement of drop him. In th matter of the release
what has here been stated negatively, the law assumes that the stricken and
We have teen that the three-fold as- terrified widow of an ignorant laboring
sumDtlon of risk furnishes tho employ- man Is In a position of equal under
er three possible lines of defense to standing; and enlightenment as to tho
an action for damages. It must now be respective Interests of the parties as la
remembered that there Is still another the hardened claim agent employed by
defense open' to him contributory neg- the corporation. And with regard to the
llgenee. The employer can escape pen- burden of proof, the law assumes that
slty of his Own negligence if he, can the common laborer can Just as easily
show that the employe by his own neg- obtain witnesses to swear to his cm
llgent art or omission contributed to plover's negligence as his employer can
his Inlury. This we have seen Is true obtain witnesses to swear to his (tho
with regard to the law of negligence in plaintiff contributory negligence. "All
s.mral Rut in these master and .r. prrwns arc etjual before the law." and
vanl cases the defense of contributory the corporation with all Its masterfully
negligence, although perhaps theoretic- concentrated power is but a "person f'
ally reasonable works hardship oftenej; Tnp law a behindhand and the law
than U works Justice. Recklessness Is makers have been stunld unit hHnrt-
workmen, especially ),r minrt k.v i '
ork. For ln-
tnmi In I 1 lAam n0 V. ...... 1 .
" lne P""1 lty and freedom of contract that they
Ol Si IXlf'rri'' Knit Ilitf Ka A b vara r- n m j. jl
bcr of the track gang who Is ordered hi, " - ui co-
vy inn juiciiinii iu iionn iii iiuihh win
go between cars Instead of around them. ii,t,. Ti, ...
One could mnltlply Instances of this DtraCt X neories.
enaies.iy. i tnniK tnai wnat is caneu We must turn then from ak.t n
"carelessness" among working men , rau" tuf tnen "m abstract
could be divided Into three kinds; Some theories and endeavor to make our em-
of it is boyish ilaredevlltry ; some of lt, ployer's liability law fit Industry as
,. ,ju WW. .-.ui ifi. ... Ducket naming 4,000 pounds or iron out can recover the loss of hia cow: hut " ,:n7 : 7 V -
tani trt t n I nunniinn ' wn nftinrminit m a (. i t j 11.. . . a. . . - . " rnuri iciiit in tin- vtwt' v 1 itTrTJ uuiiin, au fmui n tAia lt.'itu i. i . .
71""'" .""r.. i uw nuio hi a, vesuei, puns out. mi- can me station a rents widow recover ...,n,i.f. ri.n.,. i. .,niu. anA thh hub new point
ow liahla for iniiirles to hia emnloves . .k "ITTia "a - .m. k ,v.; t.'"' rr.. "na : . - awkwardness
7 " '. . . . r . . nuinuioii sit 4I IIVIU. J 1 1 Vines 1 v. . UM II WH.H SL IA flV mOTVtt Tt T CtT T rVM 1.
But rost of lt. I think. or vlew mere are two ways of going
In the course of their work It la In ..fcii. i. i k ." " Z . ""w mnnni ui im jR a mna or rreettom sna reariessness at it. we can build up the law as lt
this fconnecUon that the Swing study jJVSfc, hii.brl "JMl!-!?Zl??f i- necessary to it. Imagine a structural stands by statute-taking awayone" by
of the employers' liability law of Penn- i,, newer buckets the handles are rnor. i t h. with , e-ii- - iron worker wno was carerul or mm. one, tho unjustifiable defenses which
sylvania Is offered. forged on But. 'nel the plaintiff can- or ' with ih -mniotm.i ThL TeiV How lo"K would ho hold h"' jow protect the employer. This would
We must begin with a word or two not show that thS old I and I less safe than the farmed- rlP r T ml jobnI . . .... , u be but a continuation of a course al-
bout the law of negligence In per- bScketi T are still In LI e tlm of whoT fVlow serC-anT. lqnr" , There Is one Important feature of th ready begun in almost every state In
sonal Injury cases generally. If one SmSt Bhold I his implolable for hl uraily of paramount Tmnortaice in an" '"T"' ?erharl8, ,he mofft Ef? In th the ,un,on- Th efteot of mos tho
person injures another unintentionally, injury; it Is an ordinary risk of h i Slyln this rulSf thJm P lctuai wo.kln5 ?f wh,ch nt on'y employer s liability sUtutes so far has
tut through wnt of due care (and due employment that he lias suffered I from P i ., u . bMen m,,n,loned Pn yet In been to limit the operation of the fellow
care Is what the average man would iJ f he took th risk" (McGeegan & 'Th a-" V10. work-for am" th ca2es of nfKlence. the bur- servant rule. Some states have abol-
bave used In similar circumstances!. Hughes jXlblst 248 ) mop employer and In pursuit of thg den of proof Is on the plaintiff It Is lshed lt with regard to railroads? some
ho Is civilly liable to th Injured on "uu"" lo L,lBl- " same purpoao are fellow servants, not enough that the evidence which 'ne like Pennsylvania, hay taken those In
for the amount of harm, estimated n u, Agaumes Risks whether they work side by side or offers should be equally consistent with authority out of th class of fellow
money, wnicn nis wani oi care causua ti i..oini.i,c, umiunru, nri"sfm" ." !. mo cuiyiujui, servants, une state,
f I : ' 4
' i
? '', A f ' , 1 9
1 P '' -J-:
, FT
?5 "'"'r
. E. B. Coe. ' "'C'.'
M
Rev. Dr
111 biUr la1s,Va.nmourntCa?o "IT" "trt,"I'y Hf k8' the gfttn." or di iftSTn? trains of onTroaS hemust "mikS ouprkty cae oi JrSup of statues VtTe TX TKXT ,n Tr"'i,' c,lurc"' New York, guage. at Yale Thischolastlo' posi-
Wlmlnll negligence arid then of couri aa those arising from long-continued or are fellow servants. Train crews, track negligence to begin with. If be fails In upon the "assumption of?-?sk rufe , L'"llIch of the " JrLin SnSoi an
be is criminally liable also.)' This obvious defects In machinery, and eves hand and car rpalrera are fellow ser- this he Is non-suited. One hears on denying its operation where Injury has I J same city probably ranks as the tlvely the work Sf tha fCTafla?"
seems a natural and fair adjustment those arising from such negligence of .in9V0" ..-.0k- -Ckr"' fuf ry. .5 V , ,r.-you, can Ket a.5ase ot resulted from the vlolntl on of a statute. X 1 wealthiest church oixanlzatlon istry. - .' , , !(., ,
of burdens. When one is unduly care- - ... A eiaiion master ana engineer nave been this kind before tne Jury, say the case a few states kn , ... ,. . - ' i '
less and thereby hurts another, he thfe oyw1-Mh,n1?l,nW to 7V Sla" " MMmA fellow servants. of an injured man or wldow'and chll- trlbulor? llwJS defense h lnS" '" .Anieri0H Jp ls oUIer than flw.aontlnnea In. thi pastorate
should make up for lt insofar as money ' n',ute; h". fTJLST k7": ..dA1"! irl " tailoring department of a dren against a corporation, the jury is dueihg ft brmPof mMrivJ ItB Kpc.7pal nelglim.r. for lt dates r the "Fifth Avenue Collegiate church.
Tan. There are two other matters of OMbl!r haY bJn expected Jlo have stbre has been held tobe a fellow ser- likely to be with you. Perhaps this is llrence" In awarding Sm,Sn. t f, from the Hutch settlement of Manha'- U then knwn. for JO yeurs.
law to notice with regard to negligence J"0" of1.tJ,et,da,Jer- and, "t,nud vant of a boy running an elevator In in a measure true; but the difficulty is we should I find ?n Lome te Jic- f,om,,,hp J'"1' ,h .,"et,t'e1n , Wannu' Then the consistory of tho. Colligiato
In general. Contributory negliglnfe on f,orklP Jl07 . l.. Fo,r a"fanc' a Jh ator. And further, until the sign- In getting the case to the Jury. If ft U dent for streLtheriZ the T.nfnit ta" lsU,n,- TrlnUy can 80 n0 church appointed him to th new posl.
the part of the. , injured person J.J- ",'Vild rl, working In a laundry ir 0f the Caaey act June 10. 1907. true that the Jury favors the working liability lon fimnt fvarl? inT-P T u farther back than the English occupa- tlon of "senior pastor,'1 in which h has
feats recovery. Furthermore; as a gen- faiI!dvtnatten.t,, of. foreman to a foremen, bosses and even superintend- man, lt is equally true that the udgo ln TrTOt unaaSnawJ t h t S 'Al ' tlon of the island many years later immediate charge of no particular
iral mla of nea-llrenoe and thia 's loos board ln front of the rolls where ents, were as a rule considered fellow favnra the cornoratlon unit it I. til 1. w unreason-aD" to hope that a thor- nn or tne isian.i. man) years iiei. cnurcll o tUe Colleglat svstem huh
important to' br'ln mind,nft master Jifth'i servants of the men under thelrVonlro fiJgT thrtftn'th. case Vm go! ScSrhVlthlg0.' U ' Sai'' 'here ferVB" byn
Is, responsible for the negligence of 'TTfTi.r W.?.ru' SJ5?adf .12 'i" 2i L" ft0 ."l"1" emPln- Kven though ing to the Jury by a non-suit. ThXw J,v U n ALn .i.nii, tlu-fe two churches were almost equally large number of boards of trustees, di-
his servant wnns engagea in ine mas- " V'l. . . ... ... ..wunu w cuiijimju uy
ter's work.
Application of Law.
ger, ana she went on working there, the direct orders of a superior, the F.t,lr nf T mm
Nothing was done. Finally, whll she employer was not liable because the realurwB OI
. ih. arrnioirn nt tki. . iween tne rolls, where tney were act however, has done awav with thia
. u u i . . v. . u i v. .vu.u . v. v. . . , itivBi uniniHiiiiauif! i r.i i il rr or irie I r 1 1 . w v.u . ..i , . . in.u. w
,. V iii .. . i V, we I 10 uo. inn ricncn in ouin iuiibibi- n.... ...o uno, in we as pnr-
Inm. 4hifor4Vk0f """'"ty.T ne: Ing in large part of Improved real es- forms a number of legal duties which
gence; to take the whole matter out of .? .i.. o.,.,,, x-.-.i vnri, . h,.r the larre holrlln of h ,..VTA Zl"n
was cleanlnsr the machine, the loose suitnrior waa hslrf in k . 0iir,w t -jji.i . - . .. the courts; to require each emnlover to r . , ..... ,..,i...,ki neceaaarv . 7 , . 7 "4VM "iuiv.j
board flew up and threw her hand, be- vant of th injured man. The CsVy , -k.k "T,., componftftte hlsentploye. injured in the thishemlsphcre': lf?s" of land nd la the Reform ,.hU V b,
r with thla " """"'J iTvi ma win- umufi oi ineir wors nccoroine TO an m. .. 'i rinliv r.ln,.e,l It nrnnv vein .1 j " ..-" . ' ' K
it In the established uniform .rnfe. regardless of 7n f nanc al advac of Us Dutch Coe has TlSng he d tho nSsUn''
urse of frn P-totypet but .the .Utter Is neverthc- ft. orJltuUonilear '""t,?'
master .and servant the inlnred mn). This ntan hi 1. rss...s" .L,y ir.os -,u.u" " "mD2S .'" v . the denomlnal l.,n
H ..rBctlcallv all V' Y?I, .JU". .! 1 ,r.
-. j -.. .0 unua. aviCllUlftnc
I. l.n. Daa..p.I, ,T , . , . 1 1 I"
-kill that thera are snme rathor - yi. K,"J"' icoiiui.niuiii, nnjreoy lamnR , -.j...7 raocnuiu in- " .tn mn ip worship.
Shall 86 tnat. inert are Some .ratflvr tnan wnrb n nn. a . 4..aI I - - A v. i . a r, 1 a 1 1 1 1 m irit-a. Ih... 4. jM Anaral nr. in Pnff And ha. 4 DA4 ..'
rri.7X rriwi injureu py us oreaicing. -inere is no van is. hui it still leaves the employe " oringing in case 10 trial
n.i -s-, . cviuKiice inaL ne Knew or ine aeteci, dui
assuming the risk of the carelessness means bread and butter to the
on one mlstaKen iaea -on one theory jt had been obvious for three months; or Incompetence of all mere employes nd mer postponement of
T. ml SI C Z iSZt tk r.f,7 , . ougm to nav gnown or it.; tutna- use nimseir. whether they are work-
nuo. j. " rr . urg va. mauonai ruoe jo., zis fa. ing snouiner to
to th employer. Aealn. there
houlder with him , matter of obtalnlnor wllnui
nih , in inn rfl.e oa. In manv var A ... l nnn mil.., aw. n alnllfr . wrl.nAa.AM 1
ployes because tney Jjav maae a con- how the very obviousness, of the d- These three modifications of th gen- ways be his foremen and fell
.... - rtiJ Tk.Tk. ,r ., . . .kciuo, -iiuuiu .A ii,T cm. .on v, iicRi.nc.ivi. n wiwn spoaen -niniiiujrBB 01 ine same
menU are Implied. Theyiaw assume sponslbility on th employer. Is a means of as the "assumption of risk rule " In short lt is to the econom
that the two Paruesare iree ana on of his avoiding responsibility. ftnd th "fellow servant rule"; but It of the witnesses necessary to prove
; tract It Is the contract of hire. The
servant ls not obliged to work for the
master he can taice- worg or leave it
ea he likes: but if he takes the work.
Ti wakea ft , eontract , I.wnlch tb taw . noted later. This Is perhaps the most the, liability relation between employer parties arfcw-atirtiqaalr ftmtlng. tirtlw- Tht Secffffd-pRir Invol
r 111.WK; .!. "' " ' ' . ' "V ,". " rv1 ymu uiBtiiicnun ueiween m general ana employe, 11 is onen saia that the eyes of the law evry worktngman rrom mental departure rrom our
i -xib HBBuiiica .us 1.0 ui aii ins law. 01 nesriie-enca ana rnt law rxr narii. .mn rtvpf naa iiipm nhanintA . - .v.. ,viaiH iAMn,..rA ariffinA niAvAv- iiokiii.w law o...
1 . , , - - , . ... . ' - .-j . - . uuiicb w ,.un. ym... Aiiiviivmi . ' n., iliri t vubihi;.., ...v.... ' . . .j, . . . , . i . 1111 i
- - - 1," ir.. " " lua-ior soq servant, yrr iur'n . 44 i-i' prvviua
. .y. - rv , - . o . v Dwun.uiD iur Liiv neiti- Ml uiblb tv vum, 1 1
QnH fr.
--- miu tne orrertngs or its parismoners 10 mts- where ho la kent faMw ..... ..
. which nas peon aooptea in some rorm in near- 8ions and benevolences. . ' , tanKlin the knnta At ' ,...r.:.,i. . .
employe i.v ot me coimmes or western Ku- The Collegiate church belongs to tho Jurisprudenca In which th. u Jl "J
nnovanca rope. It ls based on the Brincin a th.it iri Inn.n o- k i7..I..Vt"" w",cn th lews) lenrii.it
is the each Industrv should bear Its own costs V,, Vch Reformed and its nVlneloal kt m fi" C-A .1? . 1 h m " ' ' 1 v
The In human life as well as. In wear and house of worship Is at Fifth avenue heard . ."v.m"". '.n"n'"
most al- tear on machinery. And It ls further and Forty-eiKhth street, wher Presl- His gdv co Is sburhthv m ni.V, r' ' .
ow work- ara-ued that the employers would In- dent Roosevelt. Miss Helen . Miller la vm5r.Hk. ln ?,,',' '
company, sure arainst- tnis risk and would ln- Gould, Mrs. Russell Sage and about In his of flea maintain., 1 - '"n"-.H" l
e interest elude this Insurance in the cost of nrn. 1 nnn other neonle are member, tm.,. lLVma!nta,ned in bt New
the duction, so that ultimately the burden v'ears or so the novernln twwii , L." u''-'hK. some mornnt.
... tarn- f-owaro ueniui V". AimougB ;p. , WftS . befor s th-' synod k , .
4len between as ami 40 years of e. knoan in V !;. ,T. ll"VPr
vea a funds- he had Just been ordained to "hi min- -tn-iiithnttr,',M,:
r present em- letry. notwithstanding th fact, thit lmbla IJnlveraU ' "
: because it Is nearly 15 years previously ho 'iPrTS ' 'IV?' "T ' ' '
ride & rAAJMinnhW iwlth a trnna- nnlnn hrIr nf him to the rtatonAble. und htcAiiiiP If nfform a fnat nlptAii hi .hDnlncrinai A....
not inmirA rh iivi a r..iiftri is -4s.s.A...i.iA . t i-. .r " : t. r. . - - 7 "izz - - -..-w.v,0,v.a vwumu, ai
" . v a , , . ' w - r a - mrwa.- aa--w nvan - '"muj w jjiii sic w i w an ii du iiuuAic. tun k ubuva ftiiu aim .itinii nia Lt I il v v ir w iii sin'ipi v . I iirutiiH il hi . KPrninHrv ttrta ih... fti .. "
ana limps or . nis mpioyes.' jn many gence of bis servant in course of em- cetent fellow emolovea: 111 In.imA. h.aiM.rHi i. n an mhi fnntlna- with an cnnnmlci m.thfvi t (..,ikn- rw,m .v.u n ,7 ?V"1"'1! r.w wrunswlck and
AtaflW. - I.J.....I..
i V V Y., 1 J,,..; .ic. iciiii. ivi ineir rep- uoni wnria rraauimuiy tiocaaHary. tjlt linitM IStates Hteei corporation. I nis,
whlch,'humanly speaking- ar inevit- uta tlon, except in cases of fellow ser- when one finds that th standard of it must b admitted, is a purely theo--
aoie. . ii j, not as sax io mmi.coa vant." .n ea, isz.) As between mas- performance ln all thes duties is com- rUcl exuallty. In th 'contract of
My.4i- na oi noocrt colteir . '..,., ... .
iia1in ?kd ? on? f the tmperlnie,, i
collee-a : l ( a.j ji.Tl I '' il!77' i . T.' Jv1" wlf," and tl v. r
employes and employes. . " t Wm.pftiw?',( , SSd..i-K-. a'n";tl,,:,!-'4'
i
. WW f WS V A ' -1