The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-18
TEN-H0UR LABOR LAW,
Test to Be Made Against
Rapid Transit Com
pany-Notes.

pany-Notes.
District Attorney Steele of Kings
county, New York during the recent
| trolley strike, declared his intention of
proceeding against the Brooklyn Rapid
Transit Company for alleged violations
of the ten-hour labor law if a complain
ant should appear and make out a rea-
sonable case Such a complainant 10
seph B.. Cooper, of 293 Twentieth street,
Brooklyn, has appeared. He is a con-
ductor on the Eighty sixth street line
of the Rapid Transit system His
statement has been taken by Assistant
District Attorney Naylor, and Magis-
trate Bremen Of the Adams street po-
lice court has issued summons to the
Brooklyn Rapid Transit Company to
appear on Sept. 10 next and answer
Cooper's charges.
In his complaint, Cooper declares that
on July Is last the railroad company
did willfully and knowingly require him
in his capacity as conductor to labor
for a period of II hours and 2S min
utes within u consecutive hours. Coo
per further alleges that he was given
no opportunity during his work day to
leave his car and frequently had to
eat his meals on the vehicle while max
ing trips
Cooper's complaint is the first of its
kind to be made by an employee of the
company and District Attorney Steele
is determined. it is said, to push the
case and test the ten-hour labor law.
In Kentucky a man does not buy
horse until he has looked UP the horses
pedigree and found out something about
his habits, and Judge Stirling B. Stoney
of that state thinks that a man should
be equally circumspect when he mar
ries. At least that is what we sup
pose he thought when he denied to a
husband a divorce from a woman who
was an habitual drunkard, basing his
decision on the ground that a courtship
of only four months preceded the mar
riage. The learned judge called it con-
tributory negligence.
In England promotion to the judi
ciary can be won only after long pc
Rod of probation at the bar. For the
position of lord Of appeal in ordinary
Is years standing is necessary, unless
some high judicial office has been
previously held; while for that of
judge of the high court, ten years
standing is prescribed. For promotion
to the county court bench, seven years
IS sufficient; and for reeordership, five
years standing is required.
In the suit brought by the Export
Lumber Company against the South
Brooklyn Sawmill Company and anoth
er corporation to enforce a contract en-
tered into by the defendants and others
for the purpose of forming a trust to
control the export lumber business,
Judge Nash of the New York supreme
court, recently handed down a decision
sustaining the Legality of the contract.
The Export Lumber Company was
formed by the consolidation Of several
companies, and it was agreed that the
profits and losses should be divided in
certain proportions. To the suit
brought to enforce the trust agree
ment two of the defendants demurred
on the ground that it was against pub
lie policy, being a thinly disguised at
tempt to create an absolute monopoly
in the business of exporting lumber,
destroying competition and prejudieing
the public interests in the most fragrant
way" In overruling the demurrer the
court held that the agreement was
upon its face perfectly innocent and
Consistent with fair business methods,
and, If, carried out in accordance with
the purpose and on the terms stated in
it, was not an illegal combination.
An interesting decision regarding the
legal right to pollute the waters of a
running stream by emptying sewage
therein has recently been handed down
by the Pennsylvania superior court
George P. Yost of Glen Rock, Pa, con
structed drain which carried his sew
age into a stream which supplies the
city of York with drinking water. The
state board of health caused him to be
sued for maintaining a nuisance, but
the trial court decided in his favor on
the ground that the inhabitants of the
district through which the stream
flowed were entitled to use it as COM
mon and public sewer. The superior
court, on appeal, has taken different
view. No prescription or usage says
Judge Orlady, speaking for that tribu-
nal, can justify the pollution of a
stream by the discharge of sewage in
such manner as to be injurious to the
public health" There is a distance Of
IL miles between the mouth of the drain
and the city pumping station, but the
evidence showed that an increase of ty-
phoid fever at York speedily followed
an outbreak Of that disease at Glen
Rock.
In the case Of Tyrrell against Mayor.
the New York court of appeals has de-
cided that a public officer who receives
an annual salary can not recover ex-
ira compensation for services rendered
on Sunday unless some statute allows
1t.
In the recent case Of Baltimore Con-
SOL r. co. against Rifcowitz. the court
of appeals of Maryland held that the
failure of pedestrian to stop and look
before crossing the tracks of street
railway did not necessarily constitute
contributory negligence such as to pre-
vent recovery for injuries sustained by
being struck by a rapidly moving car
In order for such contrfbutory negli-
gence to defeat the plaintiffs right to
recover, it must appear that but for it
the accident could not have occurred.
and that the defendant by the exercise
Of due care could not have avoided the
consequences of such negligence.
The New York supreme court, appel
late term, has recently decided that
hotel proprietor is liable for the loss
of watch and silver table forks and
silver soup ladle from the trunk of
guest in a room of the hotel The court
holds that such articles are not dew.
els or ornaments" within the meaning
Of CHI. 305 laws Of New York, 1897, and
similar previous statutes which provide
for the deposit OF money, Jewels or
ornaments" in safe, to be kept by
hotel proprietor or manager, and exon
crate him from liability for loss unless
such deposit shall have been made.
The Michigan supreme court recently
decided that a railroad company was
not liable in damages for not returning
to the widow for burial the legs of her
husband, which had been amputated