260 MONTHLY WEATHER REVIEW. JUNE, 1907
bridge, for example, the variation due to the effect of tem-
perature amounts to 3 feet vertical at the center each year.
The river span also rises and falls each day under diurnal
variation of heat and cold. The iron work of the bridge is
practically in four parts, and when they expand with the heat
the parts slide one past the other and thus correct what other-
wise might prove a serious fault.
Peculiar climatic conditions often promote the corrosion of
metals, and this effect may be induced by moisture or atmos-
pheric electricity, or conditions that favor d e w l o ~i m w t of elec-
trical action in the metal parts.
The heaving effects due to frost in the groiincl must l w
allowed for in all construction work, particularly in the foun-
dations of bridges ancl trestles. This is determined by tlie
character of the ground and the severity and frequency of low
temperatures and the length of the winter period.
I n cases of expected heavy rain, snow, sleet, windstorms, or
floods, trafic is regulated accordingly, and weak points along
the line are patrolled even more rigidly than usual in order to
avert possible washouts or broken rails, or give timely warning
should such 8 calamity actually occur.
When a severe cold wme is anticiliatecl, consigniilents of
perishable goods may be either refused or carriecl at shippers
risk, or heaters are provided for the cars, or they are round-
housed, or perhaps the goods may he either immediately re-
moved froiii the car, or transferred to another and safer type
of car. At such times the weight and length of trains must
be diminished, as the steaming eficiency of an engine is less
in cold than in warm weather.
For many years, during cold weather, particularly near the
close of the navigation season, the shippers of iron ore in this
section have experienced more or less trouble on account of
frost penetrating the ore.
When freezing occurs the best known expedient a t present
is to thaw tlie ore l)y steam, and that is necessarily an espen-
sive and tedious process. Besides frozen ore also means
aggravating delays in the loading of vessels. The delay of a
few days now and then iiieans the loss of a trip or two ancl
consequent financial loss to the vessel operator, while if a
large number of boats miss a trip or two in a season because
of such trouble the results might be far-reaching.
Some three or four years ago the ariter conceived the idea
that this matter was, to some extent, capalde of better regu-
lation as far as the weather was concerned, and with that end
in view the subject has been very carefully studied. From a
rttther crude arrangement a t the start the scheme has been so
elaborated and expanded that at present forecasts in consi(1-
erable detail as to temperatures and storm conditions are daily
furnished each ore dock and each ore railroad superinten(lent,
as well as the principal mining compauies.
The aim lias been to niake the forecasts as reliabIe ant1 as
useful as our capabilities ancl utilities mill permit, encleavoi ing
to so gage the forecasts and their clistribution as a coopera-
tive feature that the railroads can have plenty of manageable
ore at clocks during a mild spell in the frost season. \\bile
during very cold and stormy weather to aid them through
this information in inaintainiug a nice balance between the
mines and docks as regards suficient fresh and relatively
warm ore a t docks or en route to meet vessel tonnage, and to
keep down to the very loweht minimuin the necessity of steam-
ing, by curtailing shipments to docks during unusually critical
periods. Storms, you know, sometimes delay expected vessels,
and that in itself sometimes results in much mischief: for if
the weather is cold enough this miscarriage of schedule mag
result in train loads of frozen ore.
During the critical period of this last season, tlie ore 1i:ind-
ling problem was generally worked out very satisfactorily ns
regards dispatch. This, of course, is clue to increased perfec-
tion in railroad organization and equipment. From iuy own
standpoint I think those engaged in this trade are to be con-
gratulated on their intelligent application of the weather fore-
casts, for inany of the situations that a t times confronted them
required the very highest quality of businew judgment ancl
quick action to forestall the elements.
It is not claimed that the scheme is yet perfect, nor that
our forecasts are infallible, but we hope to effect improve-
ments from time to time, and, if possible, keep pace with the
wouderful tlevelopment of this trtltfic so far as the weather is
concerned. If, insteatl of your having to thaw 5 per cent (or
whatever the average figure has been) of all the ore shipped
in the froht season, we can assist you to reduce that to 2 per
cent (an allowance chargeable to storm-delayecl vessels, rail-
road sclierlule interruptions, or weather forecast errors), we
shall surely feel justified in believing that we have rendered
you a service.
An arrangement that would egect a considerable improve-
ment locally would be the creation of what one might term a
railroad-weather clearing house. That is to say, one or more
railroad ofiicials at selected points might be designated to
whoiii me coulcl telephone our daily forecasts ancl warnings,
these officials or employees in turn to distribute the infor-
mation to other ofices. I n this way a large area could be
quickly and eficient,ly covered. Through the courtesy of Mr.
McGonagle this inetliocl is already in operation in tlie Tsolvin
Building.
Both the Duluth A Iron Range and the Duluth, Missabe 8
Northern railroads telegraph the daily forecasts ancl warnings
to their important stations. This feature might be adopted
with advantage by a11 the other railroads in this sectiou. It
woultl more than pay for itself in connection with railroad
operations :md convenience to people along the line.
LEGAL DECISIONS AS TO CYCLONES.
We have already had occasion to pu1)lisli several legal deci-
sions bearing on the work of the Weather Bureau or the use
of iueteorological teriiis. In a recaent article on insurance
we especially urged that if a policy is to protect ones prop-
erty from wind, lightning, wxTes. or other meteorological phe-
noniena. then the fact should be explicitly stated without any
reference to cyclones, tornadoes. hurricanes, thunderstorms,
or any other general meteorologicd terms. The importance
of t,his caution is well illustrated by the extensive and expen-
sive suit, resulting in an alyeal to the United States Circuit
Court of Appeals, Eighth Circuit, for the District of Minne-
We copy the following opinion in this case, No. 2375, in full
froin the oficial records of the circuit court as tlelivered by
.Judge Philip, May, 19W;.
sota, May, 1906.
The Maryland Casualty Coilipany, pltiintifl in error (lierein-
after for conveuience designated the clefendant), issued its
policy of insurance to the defendants in error (hereinafter for
convenience clesignatecl the plaintiRs). for n term of one year
beginning the 7th clay of June, 1904, and ending June 7,1905,
whereby the defendant insured the plaintiffs-
 against direct loss or (lainage to property owned by the
assured ani1 described in the said achedule and also for loss
from liability of the assured for clamage to mercliandise held
in trust or on cominission or sold but not drliverecl by being
removed, situate on that part of the preinises occupied by the
assured as c1escril)ed in haid schedule, ani1 caused, during the
terin of this insurance, by the accidental discharge or leakage
of water frciii tlie automatic sprinkler system now erected in
or upon the building occnpiecl wholly or partly by the assured
; Init the total aggregate liability of this company
hereunder shall in no event exceed $25,000 .
The policy, however, WRS inade subject to certain specified
JUNE, 1907. MONTHLY WEATKElR REVIEW. 261
conditions. The ninth condition, which is the subject mat8ter
of this controversy, is as follows:
This policy does not cover loss or clamage resulting from
any leakage occurring a t any point outside of the inner sur-
face of the cellar floor or walls; nor resulting from the esplo-
sion, rupture, collapse or leakage of steam boilers or steam
pipes; nor resulting from any interruption of business or stop-
page of any work or plant; nor resulting froin freezing: nor
resulting from fire or violation of law; nor resulting from or
caused by the willful act of the assured, nor by tlie neglect of
the assured to use all reasonable means to save and preserle
the property insured hereunder; nor resulting from or caused
by invasiou, insurrection, riot, civil war or commotion or mili-
tary or usurped power, or by order of any civil authority; nor
resulting from or caused by earthquakes or cyclones or by
blasting or explosions of any kind, or by the fall or collapse
of any builcling or buildings, or part thereof.
On the 20th day of August, 1904, between X and 9 oclock
p. m., the city of St. Paul TYRS visited by a windstorlii which
did injury to the plaintiffs building, breaking the pipes of the
automatic sprinkler, whereby the goods in the store were
flooded by the freed water, doing damage to an extent of over
$25,000. For the recovery of this allegecl loss suit on the
policy against the clefenclant8 was brought. To this action
defendant interposed the principal defense that saitl injury
resulted from a cyclone, ancl was, therefore, excepted froin the
operation of the contract of insurance. On trial t u a jury the
plaintiffs obtained a verdict in the suiii of $26,235, for which
judgment was rendered, to reverse which the defendant prose-
cutes this writ of error.
The controlling question presented for deterininstion is
whether or not the windstorm occabioning said loss was a
cyclone within the meaning of the policy. A brief summary
of the work of that storm will tlisclose its cliaracter.
The cloud which contained its fury was first olwerved 1~y
Professor Whitebreicht, the head of the Mechanics Arts High
School of t,lie city of 8t. Paul, who was a t his cottage a t Lake
Xlinnetonka, about 35 niiles from St. Paul. He testified that
between S and 9 oclock p. m. uf August 20, 1904, his atten-
tion was directed to the threatening clouds, which he described
as a 6 great large cloudy-mass, balloon in shape, and coming
down to a decided point a t the bottom, as observed from tlie
lake, to the southeast of the portion we were occupying . It
moved down the lake toward St. Paul and mas apparently mor-
ing with the wind, and without eviclence of revolution; & i t
was an oblong balloon, decidedly ol)long, with a pendant .
He testified that it struck his house, broke a large pane of
glass, 30 to 40 inches square, removed the frame work of tlie
screens, driving one with hncli force against a table as to puncli
a hole in it. It blew down the chimney of his house, and a
maple tree eighteen inches in dianieter, taking OE the whole
top and taking it 60 feet diagonally across the cottage witl,oiit
striking the roof. It blew 111 the windows ancl took off the
roof of an adjoining cottage; turned a large barn around a t
an angle of 45, taking oE the roof and scattering the contents.
When i t reached the vicinity of the city of St. Paul i t carried
out spans of the steel and iron bridge spanning the AIississippi
River, precipitating them to a considerable distance, and did
great damage to trees and houses on an island in the river.
It struck the city a t the north bank of the river, and its general
course, with some eccentric divergencies, mas from southwest
to northeast, covering a pathway of 300 feet or more in its
sweep. Near the river the destructive force of the storm macle
its first impression upon the city. It blew from R railrond
track ancl overturned box cars. It wrecked the Imperial
Theater and ilemolishecl the Tivoli (oncert Hall, killing soine
people therein. In its pathway through the city i t siiiashed
windows of various sizes mil btrength, blew (lawn signs aud
took off cornices froiii buildings, scattering tlieir fragments
in large quantities over the streets. At Third street it raised
and dropped a sky light 50 feet square which covered the
open court of the Pioneer Press Building; blew in its windows
on the Fourth street side, creating some consternation among
the ininates of the building. I t unroofed the Davidson block
a t the corner of Fourth a i d .Jackson streets. It leveled to
the ground the freight depot of the Chicago, Milwaukee k
St. Paul Railway. At Smith Park i t broke, blew down, and
uprooted a large number of trees. It carried off the top of
the brick building occupied by a wagon company, the roof of
which, after beiug blown off, dropped back on the remaining
building. At another place in the vortex of its pathway i t
took ont a section of the wall of a brick building. On the
next street i t wrecked into fragments a frame church building.
I n Lafayette Park locality chiiuneys were toppled over, some
buildings mere deiiiolished, and trees in and about the park
were broken and uprooted. I t is true that the evidence tended
to show that most of the trees about the park mere compara-
tively young ancl those blown down were easily restored in
place by the park conimissioner. On the hill farther on the
clestruction to houses and property was ~uarlied. I n places
sidewallch were lifted up on either &le of the street and
tuinbled in inass iii the center of the street, showing the
eccentric motion of the wind. One sidewalk was lifted into
tlie air, carried over a stonewall fence, and deposited a liun-
drecl feet or so in a yard. Telephone ant1 telegraph poles of
great size ani1 strengtli were blown clown, broken off, and
twiqtecl in different tlirections. One house, as shown by a
photograph in evidence, 1% as ldown diagonally around, entirely
off of oue corner. Some of the trees, IJrolcen or twisted oE
ant1 uprooted, were of large size ant1 apparent great strength.
Tihile it is t u be coiiceclecl that the direction in which the
trees fell \\as generally in that of the storm, yet as eviclence
of its concentric motion trees standing in opposite positions
fell with their tops together. The limbs of trees had the
appearance of beiug twisted off.
-18 inclisputnble proof of the eeect wrouglit by this narrowly
c.onfiiiei1 windstorm, the street, park. telegraph, and telephone
inspectors aut1 repairers were all out as early as the light of
the nest morning would admit to look after the injury done
on their respective liues and beats. So piled up were some of
the streets with iltbris, trees interlaced with tangled telephone
and telegraph poles, that a t places the inspectors were unable
to drive through the streets, according to their testimony.
This storm was traced soine twenty miles or more beyond the
city, and its energy and violeuce were marked in the throw-
ing down of fences, the breaking of trees, and clemolition of
or injury to buildings.
A s n circuiiistance indicating its alarming character, and as
evidence of the impression i t macle upon their minds, news-
paper men in their respective offices were thrown into escite-
ment, nnd as soon as the storm suficiently abated reporters
went out in tlie night and early the nest morning to observe
its work of desolation, and so impressed were they with its
character that all the newspapers of the city, perhaps with one
exception, the nest clay in their issues described the city as
swept by a cyclone of great violence. Conceding the criticism
o f plaintiffs counsel that newspaper reporters may be given
to sensational emfigeration, the fact remains that the storm
was of such a character that notwithstanding what may be
assuinecl to he their city pride to have the outside world
untlerstand that their beautiful city was iiiimune from things
that iiiaketh afraid, they did publish the alarming impressions
made U ~O U them by the storm
Superadded to all this is the testimony and the report of
RIr. Oliver, in charge of tlie Weather Bureau a t the city of St.
h u l . After an examination of the work of this storin in the
city he sent in his report to the Deprtment a t Washington.
In the oi icial report lie stnte(1 that R heavy rain began during
263 MONTHLY WEATHER REVIEW. JUNE, 1907
the morning before, attended with thunder; that it was clear
early in the forenoon but a t 10 a. m. it became cloudy; a t 7:45
p. m. a thunderstorm began without any noticeable premo-
nition except that the air was quite sultry; that the clouds
were of a yellowish tinge; and it assumed proportions of 8
severe storm a t 9:45 p. m. The wind blew at a rate of 90
miles per hour from the northwest; and a t 9:63 p. m. the ane-
mometer and wind-vane supports were blown down, which
ended further registration of the direction and velocity of the
wind. The receiver and cover of the rain gage were blown
away. The storm, which was about two and one-half miles in
length and about 800 feet in width, entered the city from the
southwest, destroying two spans of the high bridge; crossing
Harriett Island, on which are located the public baths, it did
much damage to shade trees and parts of the building. He
then stated the clainage to the Tivoli Hall and Empire Theatre,
as heretofore stated.
The storm then moved in a northeasterly direction across
the business portion of the city, doing damage to business
blocks, breaking glass, unroofing buildings, uprooting and
breaking shade trees in two of the public parks and along the
streets; some dwellings and scliool houses and churches in
the line of the storm wsre either entirely destroyed or greatly
damaged.
 The distribution of clkbris along the path of the storm and
the direction of the uprooted trees, especially in the parks,
clearly showed the presence of a whirl. The wind in passing
evidently rose above some portions of the city in its path, doing
slight damage, then descending to the earth with its besoin
of destruction.
There mas some hail about the size of a pea from 9:48 to
9:52 p. m. The lightning was constant ancl vivid. The esti-
mated value of the property destroyed is $500,000. The fol-
lowing persons were killed: Hocanson, Louis F., 586 Brnnson
street, killed a t Tivoli; Kventon, Geo., 579 Toronto avenue,
killed a t Tivoli; Robinson, Viola, killed a t House of Good
Shepherds. * * *
The barometer did not indicate any inordinate disturbance
of the air during the afternoon and evening, but a t about the
time the storm struck it fell very sudclenly, the barograph indi-
cating a fall of from .75 to .24 in a very few minutes .
He then proceeded to give the readings of the barograph
and the examination of the anemometer after the storm, and
stated that the last register which the wind gage made was
IC0 miles a~ hour. He had been upon like duty a t rarious
places in Texas, nncl a t Vicksburg, and a t Louisrille, Icy., and
liacl given constant attention to the subject of meteorolog?,
anil hac1 observed many windstorms; that the velocity of this
windstorm was the highest he ever saw. I n respect of his
examination of the condition of the city after the storill, he
testified that the dhbris along its path lay in all directions,
and that trees were uprooted and blown over, and on the
northeast side of Lafayette Park they were pointed southwest
and on the southwest side they were pointed northeast.
The plaintif-Fs building, which was a large structure of great
strength. the evidence shows was stricken with such riolence
by the storni that strong windows on the sides of it were blown
in. It blew clown the tower from the building, dislocated aucl
ruptured a pipe in the automatic sprinkler attached thereto.
ancl carried away two skylights out of the west end and riip-
tured a pipe of the sprinkler beneath. The wind blew through
the windows, clisloclged, with such force as to lift from the
racks, boses of goods and lay them on the floor, breaking the
sprinkler pipe which lay in front, thus flooding the floor with
the clischarged water, causing the clamage claimed.
The evidence in rebuttal was principally directed to an effort
to minimize the extent of the Jestruction to property and to
show that the trees blown down about the park and elsewlierr
were small, and that some (Jf tlie buildings destroyed were in
His report continues as follows:
a more or less dilapidated condition; that buildings of stone
and brick structure of great strength were not materially
injured. But the evidence shows, without any material con-
tradiction, that trees 1s inches in diameter were destroyed,
and that buildings of ordinary strength, serviceable for human
habitation and for business, were demolished and others
greatly injured.
At the conclusion of the evidence the defendant made request
for an instructed verdict, which was refused.
I n its charge to the jury, the court, touching the issue as
to whether the storin in question was a cyclone, made the
following declaration:
Now, I dont think that anybocly woulcl say that A cyclone
was a gentle storm; on the contrary I think a cyclone would
be said by anybody to be, and is usually known, and is usually
unclerstoocl as being, a very severe and destructive storm. It
is a storm Characterized by certain peculiarities and charac-
teristics, marking it as A cyclone. If we look into the dic-
tionaries, we find that this word is derived from the Cheek,
the noun being kirklos, a circle, and the verb being kiikZoein,
to move in a circle, or to iiiove around, or to whirl around. I
not only think that a cyclone has the characteristics of moving
in a circle in the minds of the lexicographers and scientists,
but it also has that characteristic according to the usual and
ordinary anil couzmon acceptation of the term. And the
atmospliere not only moves in a circle in a cyclone, but this
circularly moving atmosphere also has progressive motion, of
greater or less velocity, usually of a very considerable velocity,
and sometimes going to the extent perhaps of 20 or 30 miles
or more per hour in its onward movement. So that I think.
boiling it all down, we can define a cyclone as being a violent
and destructive storm of greater or less extent, sometimes its
path covering only a narrow strip and a t other times covering
a vast and wide strip, characterized by high winds rotating
about A center of low atmospheric pressure, am1 this center
nioring onward, with greater or less velocity, sometimes at a
very great velocity, a t others at only an ordinary rate. I think
the principal force of the wind in a cyclone is in the circular
motion.
( Now. the scientists seem to distinguish between a cyclone
and a tornado. Both are characterized by high winds rotating
about a center of low atmospheric pressure. I n the cyclone,
according to scientists, the areB of the rotating wind is much
greater than that of the tornado, this area in the cyclone being
sometimes many iiiiles in diameter, 2nd sometimes even hun-
dreds and thousands in diameter; whereaq in n tornado the
diameter of this area is smaller, being often, and I think I mag
say ~i ~~r t l l y , only a few hundred or a thousand feet. But I
think under the usual and ortlinary acceptation of the terms,
cyclone in its usual ancl ordinary acceptation and tornado in its
usual and ordinary acceptation are synunymous, :t toruado being
a small cyclone. And i f it was a cyclone at all, nhy then the
word cyclone of this policy covers it. The distinguishing
characteristic of tlin cyclone or t o r n d o is that of high winds
rotating about a center of low atmospheric pressure, and this
center moving with greater or less velocity across the country.
Now that seems to me to be what a cyclone is, and I so charge
you.
Further on the court said:
*I dont think there can be any question that this was a
bevere, violent, ani1 destructive storm, counsel for the plain-
tiff has stated so much himself; but that, gentlemen, is not
enough-to estnblitih a violent am1 destructive storm-that is
not enough. I t must albo be shown that this storm had the
peculiar cliaracteristics of a cyclone, that it was what we would
call a whirling storm. and that it came within the definition I
hare given you of a cyclone. If you believe from the evidence
that it w ~s a cyclone that ends the case *.
Finally the court said :
JUNE, 1907. MONTHLY WEATHER REVIEW. 263
Of course you can have cyclones of varying strengths. I
think a cyclone must be a violent and destructive storm, but
it can be of various degrees of violence and destructiveness; it
must be a violent and destructiie storm and i t must be in
addition characterized by high winds rotating about a center
of low atmospheric pressure and thin center moving onward
with greater or less velocity. It could be a cyclone without
being an extremely severe cyclone .
Reduced to its ultimate analysis, before the jury were au-
thorized to find for the defendant on this issue they were
required to find from the evidence that this windstorm, no
matter how terrific and destructive, must have possessed the
distinctive quality of moving in a circle, rotating about a
center of low atmospheric pressure, this center moving onward
across the country; that it must be a  whirling storm . As this storm occurred in a night of intense darkness,
driving people who might be out doors under cover, ancl for-
bidding those within doors to venture out, exactly how the
defendant was to meet by evidence the requirements of the
given phenomena and characteristics imposed by the charge, is
not apparent. It is quite inconceivable, in view of the evidence
in this case, that the jury should not have returned a verdict
for the defendant except for the fact that the storm was not
seen with the eye to fis on it the peculiar characteristics indi-
cated by the technical charge of the court.
I n the very nature of the situation, the character of the
storm could only be judged of, after it ceased, by observing
its effect. I n the effects were furnished a t least persuasive
evidence that this storm, in its origin and ravages, possessed
the essential whirling  movement.
Looking alone to the derivative of the word ( cyclone  and
its technical import, in the conception of meteorologists and
scientists, i t may be conceded that one of its characteristics is
the presence of a circular or gyratory motion, evidenced by a
twisting effect. Looking to the dictionary definitions, which
are not in many instances reliable sign boards for legal con-
struction of contracts, they are substantially as follows:
CENTURY DICTIONARY : (Any atmospheric movement, gentle or
rapid, general or local, on land or a t sea, in which the wind
blows spirally around and in toward the center .
STANDARD DICTIONARY (1895) : An atmospheric disturbance
extending over an area of 100 to 500 miles in diameter, char-
acterized by decrease of barometric pressure toward center
ancl by winds directed spirally inward; in some features
opposed to anticyclone . A system of winds
rotating around a center of minimum barometric pressure, the
center and whole system having itself a motion of translation,
which is sometimes arrested, when the cyclone becomes for R
time stationary . WEBSTERS INTERNATIONAL DICTIONARY: A violent storm, often
of vast extent, characterized by high winds rotating about a
calm center of low atmospheric pressure. This center moves
onward, often with a velocity of twenty or thirty mile8 an
hour . Vol. V, Encyclopedia Americana, gives a brief r6sum6 of
the origin of cyclones, which is by no iueans helpful.
Turning to the discussion of scientific men or meteorolo-
gists, i t will appear that the movement of all winds is inore or
less circular, and that cyclones in their technical sense are not
usually harmful, ancl are not destructive until they assume the
quality of a tornado, denominated by theiii as the child of
the cyclone . While i t is to be conceded that where an insurance contract
is so drawn as to be. ambiguous ancl susceptible of different
constructions, so that men of average intelligence might rea-
sonably attach different meanings thereto, the court will apply
that construction to i t which is most favoralde to the assured.
NEW ENGLrsH DICTIONARY:  Meteoral.
36-2
r r But the rule is especially well settled that contracts of in-
surance, like other contracts, are to be construed according to
the sense and meaning of the terms which the parties have
used, and if they are clear and unambiguous, their terms are
to be taken and understood in their plain, ordinary, and popu-
lar sense . (Iniprinl Fire Insurance Co. v. Coos County, 151
U. S. 562.)
It will be observed that in the ninth paragraph, excepting
the insurer from liability, it does not cover loss or damage
resulting from freezing or fire, nor resulting from nor caused
by earthquakes or cyclones or by blasting or explosions of any
kind, or by the fall or collapse of any building or buildings,
or part thereof . Applying the rule novcitrir a sociis in search-
ing out what must have been in the mind of the parties in the
employment of the word ccyclone, there can not be any
reasonable doubt that i t was the purpose not to apply the
insurance to loss or damage resulting from violent causes
arising outside of the building where the automatic sprinkler
was installed, such as blasting, or explosions, or earthquakes,
or cyclones. It excluded injuries from blasting or explosions
because i t was well known that such external force is well
calculated to so shake the building as would probably disturb
and dislodge the sprinkler and cause the water to escape there-
from. It excepted earthquakes because of the known fact
that they were calculated to jar the building, and probably
dislodge the sprinkler and turn loose the flood of water. I n
the saiiie connection occnrs the word cyclone . Inasmuch
as i t is common knowlege that windstorms of abnormal force
or violence may so shake or topple a building as to effectually
disturb an automatic sprinkler in place therein, the inquiry
naturally arises, why should the parties to this contract be
held to have had in mind that unless the windstorm possessed
the peculiar quality of a circular, twisting motion in its sweep,
so as to bring i t within the technical or scientific derivation
of the word cyclone, it should not come within the compass of
this exception from the policy?
It is a conceded fact among etymologists, as well as matter
of common learning, that words have their development and
enlargement, so that in tinle they are used and understood
among the people if not in an entirely different sense, yet so
as to express ancl comprehend a broader application than was
implied in their origin. And, therefore, they undergo in lexi-
cography the changes attached to them in common parlance.
The law in its flexibility, constantly adjusting and adapting
itself to new conditions as they arise, declares that words and
phrases employed in business transactions in ordinary dealings
among men, shall be deemed to have been employed in their
popular sense and acceptation, unless it clearly appears that
they were intended to be used in their technical or more re-
stricted sense. I t is hardly to be presumed that the average
merchantman and insurance agent who make these insurance
contracts ever heard of the Greek word from which the term
cyclone is claimed to have been derived, or that they possess
any technical knowledge, or had in mind the characteristic of
 high minds rotating about a center of low atmospheric pres-
sure, and this center moving onward . But they do know the
common history of the clay, that in States west of the Missis-
sippi River, like Missouri, Kansas, Nebraska, Iowa, ancl Minne-
sota, there are what are popularly known as cyclones, occur-
ring in the spring or summer months, recognized as wind-
storms of great velocity and destructive violence, as distin-
guished from ordinary windstorms known as furious or noisy
gales, but not attended with extraordinary destruction of life
and propertmy. They do know that in such regions windstorms
are designated as cyclones, which, passing through a narrow
strip of country, more or less confined, with such resistless
force aa to twist, break, and uproot trees, unroof and turn over
houses and destroy property in their march, more or less eccen-
tric in their movements. It is not too much to say that this
264 MONTHLP WEB- REVIEW. JUNE, 1907
designation is one of common acceptance among the people.
Scientific writers, like Mr. John Elfreth Watkins, in the
Technical World of February, 1905, while speaking rather de-
risively, bears testimony to the fact of this designation of the
term cyclone among the people.
A roaring, snapping, death-sowing funnel-cloud looms up in
the sky, descends to earth, ploughs through life and property
for a mile or two, ascends into the air whence it came, and
passes off. Ten to one the newspapers will state that a  cyclone 
visited the affected region. It all results from our eternal,
inveterate habit of sticking to wrong names-for example,
locust  for cicada, buffalo  for bison, and other misused terms
that might be cited . Had the policy employed the words  violent windstorm 
i t would in practical application have been inexpressive and
vague. Had it added the word I r destructive  i t might have
been too narrow for the assured and too liberal for the insurer.
But in the use of the more generic term I cyclone , in its up-
to-date significance, it clearly enough expressed and included
that character of windstorm distinguished by its concentrated
force and violence, so resistless as to make i t especially destruc-
tive in its narrow pathway to property like buildings.
Under the construction contended for by the learned counsel
for plaintiffs, and as expressed in the charge of the court, had
this windstorm come, like an avalanche of rnightywaters, against
the plaintiffs building and crushed i t like an egg shell, as i t
did buildings of lesser strength, yet the insurance company
should be held for damages, unless i t should be shown that
 in addition, it was characterized by high winds rotating about
a center of low atmospheric pressure and this center moving
onward with greater or less velocity, etc.
The spirit of the common law is the instinct of practical
sense. Courts are most s p t to approximate absolute justice
in construing a controverted term in a business contract, like
the one under review, by giving to it a practicable comprehen-
sible application, rather than one so technical and theoretical
as only to obscure and mystify. For the letter killeth, but
the spirit giveth life . The failure to observe this, in seeking
to solve the import of the term  cyclone , as employecl in the
ninth condition of the insurance contract, doubtless furnished
the jury the only conceivable pretest for finding the issue for
tlie plaintiffs.
Reversing the situation: Had the policy contract insured
against loss resulting from a cyclone, the insurance company
defending on the ground that the winclstorm in question was
not a cgclone, can it be imagined that the same jury would
not have found the issue for the plaintiffs, had they not been
confused or felt coerced by the charge of the court imposing
the necessity of direct proof of the presence in the wind of
the technical qualities of a meteorological definition?
There being no disputable evidence on which reasonable
minds ought to differ as to the windstorm being of the popular
conception of a cyclone, as that term was employed in the
policy, the court should have granted the request of the
defendant for a directed verdict. The judgment of tlie Circuit
Court is, therefore, reversed, and the cause is remanded with
directions to grant a new trial.
He said:
THUNDERSTORMS AND SQUALLS.
The Editor regrets that time and opportunity have not
allowecl him as yet to make a r6sum6 of our steady progress
in the knowledge of the origin and mechanical phenomena
atteacling squalls and thunderstorms. This is a matter t,hat
has been especially developed of late years by &I. Durand-
GrGville. We should be *cry glad if some one of our pliysicists
woulcl contril~ute to the MONTHLY WEATHER REVIEW a review of
the work that has been done along this line of study, begin-
ning with Espys reports and maps of 1836. Thus for a long
time we have known in a general way that thunderstorms occur
principally on the south and east sides of an area of low pres-
sure, that in fact they represent the front of a slowly descend-
ing mass of air moving northeastward and underrunning and
lifting up the air near the ground, just as the cold blizzards
represent slowly descending air moving southeast, on the
western side of a central area of low pressure. The blizzard
is a winter phenomenon while the thunderstorm is a summer
phenomenon. But Durand-Grkville has added to our knowl-
edge by showing that in every thunderstorm and squall we
have a ribbon (ruban) of isobars squeezed close together, so
that the isobaric chart reminds one of the graining in the sur-
face of a bean1 of wood  quarter-sawed . I n fact the ancient
usage of French mariners is to speak of a  squall of wind  as
a  grain , altho we know not the etymology of this French
word. Durand-Grkville has for many years made a special
study of the isobars attending these wind squalls or grains.
The last paper by him was presented to the recent international
competition in the prediction of the weather (Liege, 1905), and
is published in f u l l in the bulletin of the Belgian Astronomical
Society, for RIarch and June, 1906. Apparently there are very
few instaiicea in which squalls can not be foreseen by one who
follows up this line of study. The nieiuoirs by D~irancl-GrB-
ville remind us of the following paper published long since
by Dr. Gustavus Hiurichs and Prof. Frederick Starr.
I n a first paper on the thunderstorms of Iowa, published
in the Proceedings of the Davenport Academy, December,
1887. Vol. V, pages 81-99, Prof. Frederick Starr, Ph. D., of
Coe College, Ceclar Rapids, entered on his special study of
thunderstorms for that State. Altho he hac1 only 51 re-
porters for the first summer yet many interesting features
were brought out. Doctor Starr stated that he was not
a professional meteorologist , but he had a great desire to
see Iowa thunderstorms carefully studied , and believed it to
be a subject that would repay diligent work. We fully agree
with him in this latter belief, and hope that someone may col-
late and analyze the data that have been published for that
year, and that in fact one will be found to make special studies
of the origin and development of thunderstorms in each sec-
tion of our country. Just as soon as such a study has been
made in the region within 50 miles around any large city i t
should 1x3 possible to invert the problem, and from the begin-
ning predict whether or no the thunderstorin will in a few
hours trouble that city.
We quote the following paragraphs from Doctor Starrs first
paper:
Three ltiuds o f tliunderstc~rms seem to be reported-
Firfit.-Storms, well defineal, traveling from the west, or a western
quarter, toward an eastern (luarter. Tiiue records, properly malle,
buplly data for calculating the rate of progress eastward. These are aljIiarently connected with the general atmospheric circulation of the
Uuited States, and ocwr in the southeast tluadrant of a  low  area.
Second-Heat stornib, local in character; not showing a progreshive
inovement; often unartmipanied by any wind: seltloin hrginning until
4 p. In. i n the afterrinon, or in the evening, followed by a later instal-
iiieut in the early moruing.
Third.-. Sqriallr , which are well oharacterizeil hy Doctor Hinrichs
in his * Eulletins f ~~r June and July, 1582. His aclbonnt has been
(luoted by otherb, b u t may again be copied here for Iowa reader&.
*. Our Iowa s(liia1ls are as serious as any on the ocean; the wind niay he
dehtructire, biit it is not lifting or rr\olving as it is in tlie tornado.
Roughly speaking, tlie slluall may be likened to an extended tornado,
having its asi< parallel to the ground. Here, in Iowa, it generally bursts upon us from the northwest, following the southeast wind; it rolls over
ani1 strikes down upon us, usually with abundant precipitation, and
soon is suvreeded by the same southeast wind whirh it so abruptly clis-
plai.e(l. So tar as I have studied them, they come down from the north-
west, progressing at tlie rate of 211 to 50 illiles an hour. I n northeastern
Iowa the storin froiit IIHS a ten4tw-y to hem1 lip, so as to make tlie <qiiall iiiorr nearly from the nest. In like manner in southwestern Iowa
itb front 11rilll5 webtwartl, ant1 hence blows inore nearly froin the north.
The btorni front is fierce in its power along a conhiderable distance-20
to 5U miles or more, in its front, along the earth, are struck simulta-
neously. A s the great storm front iuo~eh on, it can be traced fur 350
Tliry accompany extremely hot weather.