National Republican. (Washington City (D.C.)) 1872-1888, 1886-06-10
WANTING HEAVY DAMAGES
For Injury Done to the Good Name OF
Pension Examiner.

fension EXAMINER.
On the 9TH instant the Cincinnati Conf
merciol Gazette published an article In re-
gard to certain affairs in the pension office,
and making reference to Robert N. Price,
one Of the examiners. The article was
headed, Light on the Dolngs in the PEN
sion Ofice-No Regard for Civil Service
Rules-General Mismanagement and Con-
siderable Decentralization" At one place
the following statement Is made "The
ladies in the southern division complain OF
the conduct Of Mr.. Price, the time keeper,
andhave asked that he be investigated aud,
in connection with charge OF robbery al
legged to have been committed in the office,
the article says. "This robbery will be the
subject Of an investigation, which will de-
velop, 10 is said, some other matters OF this
same character In the pension Office.
The investigation will, IL is said,
also include Maj. Smoot and Mr.. Price.
One OF the performances Of Mr.. Price was
to watch. a lady clerk, who was I'll with a
sick headache. She was trying TO stick to
her desk rather than have her salary cut of
for absence, and finally laid her head down
on the desk. Mr.. Price timed her and ro-
ported her absent TO the number OF min
utes she was In that position. This system
OF petty tyranny and abuse In the small
way OF Democratic ideas OF reform and
Prices insulting remarks TO or In the
presence OF the female clerks with leerlng
insinuations cannot be repeated here. IL Is
something the women In the departments,
dependent upon their places for their living
under the Democratic administration, have
to submit TO or be discharged" Mr.. Price
feels that his name and reputation have
been injured by this publication and yes
terday, through his attorneys, Messrs.
Mayne IL Browne, entered suit against the
Cincinnati Commercial GdsGtte Company TO
recover 100000 damages
Frederick ID. Mussey, Of the Cincinnati
Commercial Gazette staff In this city, was
arraigned In police court yesterday, charged
with criminal libel with intent TO Jefame,
Willy, and mallclously injure the character
OF Robert N. Price, In publishing the article
upon which the suit Is based; examination
waived and the case went TO the grand Jury.
Verdict for Free Passenger Sustained.
Several very interesting points OF law
were settled by an opinion OF Judge VIII
son, at Philadelphia, last Monday, refusing
the application for new trial Of the suit In
which Leonard Bausch recently recovered
a verdict OF $1,000 against the Camden and
Atlantic Railroad Company for injuries
suffered In collision. Bausch leased an
excursion house at Lakeside Park from the
railroad company, and each season received
pass emitting him TO transportation be-
tween the park and Camden. The accident
In which he was Injured occurred in June,
1884. The pass was Endorsed on the back
"the person accepting and using this pass
thereby assumes all risk Of accident and
damage to person and baggage The
company claimed that this condition re-
lleved II from liability, aud that II was prac.
tically q written contract between the par
ties which the court should preserve UNI
altered. On the other hand, It was con.
tended In Bausch's behalf that the payment
OF rent for the excursion house entitled
him to the pass as well as the use of the
house, and that It was therefore right Of
transportation, granted for valuable con-
sideration, and not mere gratuity. The
judge admitted evidence to this effect upon
the trial, and the jury gave Bausch YER
dict. In refusing the motion for q new
trial, Judge Wilson says:
1--WE think there was abundant evidence
to justify the leaving. OF the question to
the jury. We do not think that the prin-
ciple upon which the defendant relies has
any application to the facts. A printed
provision upon the back Of ticket or pass
not signed by the person who is alleged
to be bound by It can hardly be said TO be q
written contract which can only BIO altered
by the evidence OF two witnesses. The
question is not so much whether this al
legged contract could properly be altered as
1t Is whether that contract could be law =
fully enforced under the circumstances.
"The plaintiff made no effort to estab-
lish different contract from any expressed
on the pass. He only attempted to show
| that the defendant received consideration
for IT.; in other words, that 1t was not a
| gratuity. In this effort he did not even
try to assert anything In contradiction OF
the pass, or any language contained In or
on 1t, for It is not stated therein to be o
free or gratuitous ticket. The plaintiff
was, beyond all question, seriously and
permanently injured. The verdict OF the
jury in his favor was not excessive, and We
know no reason why it should be dis
turhed ~