The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-03

AAooring men all over Washington and
particularly those who delve for coal in
the great carbon producing mines Of the
state. are vitality interested in a recent
decision Of the circuit court of appeals for
the Ninth circuit in the Sogumers aamsrs
suit against the Carbon Hill Coal Com
pany, of Pierce county. The point at fss.ra
Is the well understood fellow servant
theory OF the aw The decision uf ,ss
circuit, which reversed tho ruling of Judge
Hanford. OF this district. is REGARDED by
working men as q Sriumph greater than
any they have secured by legislation in
many years.
The plaintiff Scmmers was injured June
z. iSsS. by q gas explosion in the Carbon
Hin mine. at Carbonate, which furnishes
large portion OF the coal supply OF the
southern Pacific Railroad Company. The
explosion destroyed Somlners' eyes He
brought suit for $4,000 damages. alieS-
ing that John Lowery, the fire boss of the
company. whose duty il was to see that
the working places were free from Zas.
had neglected 10 perform his duty 10 As
a result the explosion and the injury com
planned OF occurred
Tne company In reply. alleged that Low
cry was a fellow servant of the pfatntif
and the company was therefor not to
blame: It being contended that the fellow
servant law. so-calied. releases employers
from injuries caused an empioye through
the careiesssless of a fellow workman.
mi pt1.s
in the UnEed States district court for
western Washington. The company de-
INJURED to the complaint as being INSULT
Gent for the reasons stated. that Sommers
was injured through the negligence of a
fellow servant. Judge Hanford susta NEG
the demurrer
The opinion Of the circuit court an
nounces the doctrine that In state where
the law makes il the duty of coal mining
companies to provide safe places for its
employees to work. and specifically directs
the companies TO furnish sufficient air by
air pumps to free the working places of
dangerous gases, the company cannot shift
the responsibility for it's failure TO carry
out the Law, BY placing the duty upon an
employee The fire boss, who Is charged
with the duty OF seeing that the circulat-
ting apparatus Is In order and that the
working places and chutes are free from
gas. Is declared by the court to be q vice.
principal and not fellow servant,
From Guvnor Teats. one Of the attorneys
for the plaintiff. a copy Of the opinion of
the court was obtained from which the fell
lowing excerpts are taken:
1T is a matter OF common knowledge
that coal mining Is an exceedingly danger
Gus employment. by reason Of the pres
enEe Of explosive gases given of by the
coal. and that the most important branch
OF colliery work is the management OF the
ventilation for the purpose OF supplying
fresh air TO the workmen and the removal
OF the dangerous gases from the working
places OF the nine. The general duty i'm
posed by the law upon the master Is to
provide a suitable and reasonably safe
place for the doing OF the work to be per-
formed by the servant. What Is rea-
sonably safe place Is generally governed
by the circumstances of each particular
case. but here the law, having regard for
tho hazardous nature OF the employment.
has undertaken to provide adequate pro-
lection by imposing upon the master
specific duty which he must perform TO
escape the charge Of negligence. II q
duty, the object of which is to secure
reasonably safe place for the working men
n the mine and is a positive duty which
cannot be delegated TO a servant so az 10
exempt the master from liability for IN
juries caused to another servant by its
omission"
Secretary W. II. Middleton. OF the West
ern Central Labor Union. declares that the
decision of the appellate court IS a triumph
for organized labor. THE fellow servant
law Is one in which 1aboring men and
labor unions are vitality Interested snii
Mr.. Middleton yesterday. 1.-The present
law in Washington is wrong and unjust.
The labor unions have been fighting for
years 10 have the courts recognize the re-
sponahaity OF a company for the negli-
gence OF its representatives in cases where
personal injuries are sustained The 1eis-
ion of the San Francisco tribunal is
boon TO the coal miners OF the state and
TO organized labor everywhere"
The Western Central Labor Union has
undertaken an important work I'm the in
PRODUCTION of union labor Labels on manu-
featured articles of various kinds The
rooms OF the union on Third avenue have
teen supplied with q I2xs bulletin board
on which are posted the various union
labels which appear on clothing. hats,
bread, tobaccos am cigars and many Other
articles The names Of various manufac-
turers With whom the labor unions are AZ
war are also posted OF the bulletin hoard
:
ting matters of interest 20 the members OF
the body.
III Is The purpose OF the union said
one OF It's Officers yesterday. TO see 20 II
that every member a the central body and
Of the affiliated organizations Is posted on
the brands Of ruanufacscre< products
whose makers patrunize and support Or
garlxed labor ard with those thar are
made by the opponents Of labor un.ons
This viii enable our members 10 make
selection 50 as 20 protect ;heir own inter
ests."
The free eHploywes office 10 be eztab-
Eshes foe 1he use ~ members - the union
organs - tions affiliated with the Western
Central Union ~ 10 BE- opened Tuesday. 4,
VIII ~ under the general direction ~ See
rotary W II Middleton. Alexander Nc
Cure aiIi - II charge during Dir. Middle