and fireman on engine 46 saw him leave the cab of his engine and go to the valve, and saw, in a general way, what he did there. The engineer of 46 was on the right side of his cab, and watched the deceased until his view was cut off by the front end of his own engine, which was then opposite the cab of engine 34, and when he last saw him he was still at work at the valve. The fireman of 46 watched the deceased until his engine was within 18 or 20 feet of a point opposite to where he was at work, when he lost sight of him by the intervention of the steam which was escaping from 34. The fireman testified that just at this moment Goben took by his action in leaving his cab and going to the leaking valve that he was then engaged in the work of repairing or remedying some defect therein, and they would not have been justified in believing or assuming that he would leave that work and place himself in a position of danger. The bell on their engine was continuously rung as they were approaching the point where he was, and, while it is shown that he did not look toward them at any time, we think they had the right. to assume, under the circumstances, that he knew of their approach, and that his familiarity with the work in the yard was such that the approach or passing of an his hand away from the angle valve and stepped backward, with his face toward his own engine. It was shown by the testimony of a witness, who was at the time some distance east of the point, that when Goben stepped back from the valve he faced a little northeast, and continued to step back until his feet were inside of the north rail of the track on which 46 was approaching. Goben was struck and killed, and the negligence charged was in the operation of engine 46, because of the failure to stop it when Goben was seen to take his hand away from the valve and step back, and because of the failure to blow the whistle while approaching, and more particularly at that particular time. Goben was perfectly familiar with the constant movement of engines and trains through that yard, and the engineer and fireman on engine 46 knew such to be the fact, and that he was the fireman in charge of engine 34. They were advised engine occasioned no surprise, and called for no notice on his part. There was no negligence on the part of the defendant, and we need not discuss the question of the contributory negligence of the deceased." Brown vs. Chicago, R. I. & P. Ry. Co., 92 N. W. Rep. (Iowa) 662. Canadian Court Decisions.* An important judgment upon a point which has already caused much discussion was recently given by the Court of King's Bench, Appeal Side, for the Province of Quebec. Richard Ramsden was employed by the Grand Trunk Railway Company as a conductor, and on the night of January 10, 1900, he was in charge of a freight train on its way from Brockville to Montreal.. The train came into St. Henri Junction under the protection *From Canadian Labor Gazette. of a semaphore, and while waiting here was struck by the engine of the Lachine suburban train. Ramsden attempted to escape, but was caught between the engine and the first car of his own train and crushed to death. His widow sued the Grand Trunk Railroad Company, both for herself and on behalf of her five minor children, for damages, claiming that the accident was caused by the negligence of the company. The evidence showed that the sand valves and air brakes of the locomotive of the Lachine train were in a defective condition, and that the engineer in charge had repeatedly reported to the company that they were defective. In which it is expected that judgment will soon be given. In this case it was decided that the point should be argued later before a court consisting of three judges. This latter court gave judgment against the company; and, upon a further appeal being taken, the highest court in the province gave a unanimous judgment, confirming the judgment and verdict which awarded $10,000 to the widow and children of the deceased. R was employed by P to work a haycutting machine, and while so doing his fingers were crushed. He brought an ac view of this fact the jury awarded $10,000 damages - dividing this amount into $6,000 for the widow and $4,000 for the children of Ramsden. This is the largest verdict which has been given in the province of Quebec in a case of this kind for many years. Besides denying that it had been negligent, the Grand Trunk Railroad Company contended that in any event there could be no claim for damages, because Ramsden was a member of the Grand Trunk Insurance and Provident Society, a bylaw of which states that all insured in the society waive any claim against the Grand Trunk Railroad Company for damages suffered whilst in its employment, in consideration of the annual sum which the company gives to the society. This is a point which arose in an earlier case, in tion against his employer, but did not bring forward any evidence which showed clearly the cause of the accident, or that the same was attributable to any negligence on the part of his employer. The action was therefore dismissed. In rendering judgment Mr. Justice Trenholme remarked that the modern legislation prevailing in many countries put the employe in such a position that if injured he was generally entitled to compensation whatever might be the cause of the accident, unless it was occasioned by his own direct fault; under the law of the province of Quebec, however, it was necessary that an employe claiming dam-. ages from his employer for injuries received should prove that the accident in question was caused by an act or omission of the employer. Contributed Washington Gossip. White House Doings.-It must be admitted that President Roosevelt manages to keep public interest at the top notch, whether it is a question of legislation or of social functions. The remodeled White House is a source of considerable gossip in this city where people had rather gossip than do anything else under the sun. Now that Congress has discussed the changes it becomes almost an official matter. It certainly does strike a person with a sense of shock to see the historic and beautiful old building so completely remodeled that nothing is left as it was before except the front. Doubtless repairs and changes were needed. The building is probably much safer and more commodious than before, but it does seem like going a bit too far to have bundled out all the old furniture, with its historic associations and replace it with decorations which are new and crude, and in which you can find every style of decoration mingled from the antique to the renaissance, and even to art noveau. The east room and the dining room, particularly, are riots of color that make the ladies' gowns look pale and wan, and give gentlemen in evening dress an appearance of faded spectres. All this joyous effect was secured at an expense of $600,000 and Congress was asked at this session to appropriate $60,000 for repairs and maintenance on all this added gorgeous ness. Probably nothing would have been said about the expenditure, for we are getting more extravagant in Washington official life every year, if the effect of the alterations had been harmonious and artistic. But they are not, and hence the smothered criticism burst into open criticism when the bill came up before Congress. A good many conservative citizens think that some of the old furnishings might have been retained. It did rather jar on one's sensibilities to attend a White House auction held recently and see handsome French mirrors sold for $7.50, and finely carved mantles for $15. course, it was a nice thing for the purchasers who thus obtained historic souvenirs of great value for a mere song. wish I could have bought some of them. An unfortunate incident of the sale Of I was the disposing to a Washington saloon keeper of a sideboard presented to Mrs. Rutherford B. Hayes by temperance sympathizers. The sideboard was hand carved by a number of well-known society ladies and had been a conspicuous ornament of the White House dining room ever since the Hayes administration. The saloonkeeper bought it for $150, and refused to sell it back to patriotic citizens for less than $1,200, so it adorns a Washington beer garden. Rather an ironic commentary on the uses to which things come. The President's new office building also comes in for mirthful comment. It has more doors than a refrigerator, and the Cabinet room looks on the public roadway, and the tourists feel that they get the worth of their money when they come to Washington and can see the President and Cabinet deliberating over matters of state-all as a free performance. It is a funny looking little building over at the end of where the conservatories used to be, and is connected with the White House proper by a corridor. The Washington Post calls it a wart on the White House grounds. Probably the office building will be only a temporary affair until permanent business quarters for the executive can be erected on some street in the vicinity of the White House. But the Roosevelts do more entertaining than any presidential family in a long time, and entertaining is always popular. In fact they don't seem in the least to mind what people say about their housekeeping. President Roosevelt is more concerned over his increasing avoirdupois-he now weighs nearly 200 pounds —than anything else, except perhaps the way in which Congress refuses to do anything he desires in the way he desires. Congress Amusing Itself. The gray days of winter drag slowly, all too slowly, for the congressman who wants to have done with the farce of the short session. It is wearisome to pose before the country as being in a fine frenzy over trusts and Cuban reciprocity and statehood and all that sort of thing, when in their souls our august legislators know that any real action on such important issues is entirely out of the question at this session. It is almost amusing to hear House and Senate abuse each other about the anti trust bills. Such accusations of bad faith made by political opponents would seem dreadful, but when they are exchanged by members of the same political family it merely means that each branch of Congress is trying to pose before the country as the defender of the people against the trusts. As the House will pigeon-hole the Senate anti-trust bills, and the Senate will return the courtesy on the Littlefield and similar House bills, it seems to be a case of Alphonse and Gaston. The only thing in which the public is concerned is the sad fact that no regulation or control of trusts will be attempted by this Congress. Probably the next Congress will have a great appearance of activity about this time next year, but what will it accomplish. Eight-Hour Bill.-On February 12th the Eight-hour Bill was scheduled to come up for consideration in the Senate. It was to have two hours for discussion and would presumably soon come to a vote. That day the Senate went into executive session and spent the whole time discussing the Panama Canal. When permission was asked to take it up next day, Senator Quay announced that he would not permit the consideration of the Eight-hour or any other bill until a date was agreed upon for a vote on the Statehood bill. arguments are being made on both sides before the coal commission. Mr. Baer offered a slight concession, but showed how bitter he felt toward the Miners' Union. He is one of those narrowbrained people who can cherish the deepest and most bitter prejudices and honestly believe that the aforesaid prejudices are exalted virtues. The decision may be made before this is printed, so prophecy is apt to be wasted, but it seems certain that the commission has no intention of recognizing the union, nor of shortening hours. The old erroneous assumption that shortening the hours lessens production seems to sway the commission, yet the fact is that in every trade which has reduced the hours from ten to eight has produced as much under the shorter hours, and has adopted improved methods of production as a result of more leisure for both employer and men. This seems a time-worn fact that everybody ought to know, yet even the miners' counsel did not state it in the argument for shorter hours. Speaking about shorter hours, Secretary Shaw, of the Treasury, speaking before a business men's banquet recently, stated in a most spread-eagle manner that the President of the United States works eighteen hours a day. The statement failed to evoke enthusiasm. Business men-that is, successful ones-realize that no human being can work eighteen hours a day regularly and do good work. The wearied brain shirks the task. The eighteen-hour a day man, as a rule, confesses by that fact that he lacks the executive ability to surround himself with responsible people who can classify his work and carry out the details, leaving the managing brain free to deal with the important things which he alone can handle satisfactorily. The above language is used advisedly, because Senator Quay has shrewdly managed a deadlock on the Statehood bill. He has the right of way for it and each day parcels out the time, which he might use on it if he chose for the consideration of any bills which he cares to designate. So he is dictator, and Chairman Frye is only a figurehead. Quay is rather favorably inclined to the Eight-hour bill, but all his inclinations are subordinated to the coldly practical business policy of permitting only such favors as will increase his This argument, of course, applies only votes on the Statehood bill. So the Eight- to people like Presidents and millionaires hour bill may even come to a vote. The who have ample means to hire high-priced labor representatives at the Capitol be- help. There be editors and writers, and lieve it will pass. If it does, it will be enthusiasts of various orders, who know in my opinion--because in its present that they should do this but, alas, have form it is worthless to labor and so can not the means to keep other productive do no harm to the prejudices which opbrains at work. But, as at matter of pose it. However, it is extremely doubt- fact, the President is no eighteen-hour a ful if it would pass the Senate and run day man, in the sense of sticking to his the gauntlet of the joint conference comdesk that long. He may stay awake mittee in time to be placed before the eighteen hours out of the twenty-four, but President for his signature. he fills them with varying occupations of pleasure and business. Decision of the Coal Strike Commission. As this is being written the closing EVA MCDONALD VALESH. Labor Notes Nationalizing Coal Mines.-Chairman Jenkins of the Judiciary Committee of the House introduced the following: Resolved, That the Committee on Judiciary be and is hereby directed to investigate and report to this House with all convenient speed the opinion of that committee as to the power of Congress to declare that a necessity has arisen for taking possession of all coal, coal beds and coal mines in the United States, and all lines of transportation, agencies, instruments, and vehicles of commerce necessary for the transportation of coal, and that if in the opinion of that committee the power exists and a necessity for the exercise of such power has arisen, that that committee forthwith report to this House a bill declaring the necessity, providing fully and in detail the occasions, modes, conditions, and agencies for said appropriation that will fully and completely exhibit the power of Congress in that regard. The Maintenance-of-Way Employes.-At their most successful convention, recently held in St. Louis, the delegates of the Brotherhood of Trackmen changed the name of that organization to International Brotherhood of Maintenance-of-Way Employes, the purpose being to adopt a name that represented the classes eligible to membership. This name indicates that it is the purpose of the organization to unite trackmen, bridge men, etc., into one powerful union. May success attend so laudable an effort. The following are the officers for the ensuing term: Grand president, J. T. Wilson; first vice-grand president, A. B. Lowe; second vice-grand president, J. W. Davenport; third vice-grand president, W. W. Haygood; grand secretary and treasurer, C. Boyle. our attitude is due, not to weakness, not to inability to defend ourselves, but to a genuine repugnance to wrong-doing, a genuine desire for self-respecting fr.endship with our neighbors. The voice of the weakling.or the craven counts for nothing when he clamors for peace, but the voice of the just man armed is potent."-President Roosevelt at N. Y. Chamber of Commerce Dinner. Against Government by Injunction.-"We, the representatives of District 6, United Mine Workers of America, demand of the Congress of the United States, a law that will classify the cases that are subjects for the jurisdiction of the Federal courts when issuing injunctions in labor troubles. "That Federal judges can issue injunctions in labor troubles only on the application or approval of two or more elective judges. "That a reasonable time be fixed by the court, when the defendant shall answer to an injunction issued against him, but in no case shall the time exceed thirty days. "That the applicant for an injunction in labor troubles must submit reasonable proof, in support of his application, for an injunction, under penalty of being imprisoned for perjury. "That persons arrested for alleged contempt of court shall not be tried by the judge who issued the restraining order. "That persons arrested for contempt of court shall have a trial by jury." board be instructed to adopt such means It was recommended that the executive as was necessary to learn the attitude of every congressman.-Resolution adopted by National Convention of United Mine Workers. A Changed Policy.-The following from the Chicago American of February 1st, indicates that the Pullman Car Company has changed its policy since the stormy days of 1894: The Pullman Car Company has agreed to pay every man in its employ full ten hours' pay for nine hours' work. This announcement, made yesterday in bulletins posted in the works, is one of the greatest concessions to labor made in Chicago in months. Nearly 8,000 men will enjoy the ad |