Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1903-01-21

time TIL 1889 there was no state law pertaining
to the subject In the latter year slight modi.
hcation OF the common law was enacted II DID
not remedy the wrong In 1873 the Legislature
of the wisconsin statutes Of 1888 1t was
makeshift provision. The irst subdivision Of the
seetlon i virtually re-enastment Of me CON
remedy to the employe which he did not have
before 1t enacted The remaining subdiyis,
Ion, which contains all there y Of pfctectiop 70
the employe, reads a. follows;
While any empoye - 50 engaged In operat'
Ing, running. riding upon switching passenger,
freight or other trains. engines or cars. and while
engaged.in the performance Of bis duties rs such
caused by the caIelessnfss or nsgilgshce o. an
other empioye officer agent Of such company
N the discharge Of or failure 70 discharge Ms
duties such.
This restricts the right to recover By the en-.
pioye within very narrow limits, and does not
approach in suniclency the law repealed In 1880.
Under this act no empl0ye can recover for in
iurles sustained unless engaged in the specific
character OF employment stated, and then only
when the injury ~ caused by the eareleSsness Of
another employe. officer OF agent while he Is act
ing 10 the discharge Of or In failure to dis
charge his specific duties as such
The statute has been strictly construed and re-
strfcted within these narrow limits by the decis-
ions OF the courts being IN deTOgation OF the
common law. II mas been held that while
swltchman and car repaIrer were fellow servants,
II by the care lessness Of the switchman another
car was kicked against the stationary car in
which the repairer was at work 10 tue discharge
Of his duty. and the latter injured he could moi
recover because his case was not within the ex
press words Of the statute. II has been decided
the purpose OF watching a switch and closing the
ear door after II unloaded, who struck
aud injured by n bundle neghgently thrown by
cO-employe. mot engaged In operating run
ming. riding upon or switching trains engines or
law. The unloaded ear was 10 be attached to the
train which the conductor was to take out. II
was his duty 10 close the door OF the car IN ques
tiOn, and yet he could not because no
statute embraced In his case. The negligence for
which a recovery can be had must be the negli-
gence of eo-empoye In the discharge Of his
specific duty, IL Il be caused by the negligence
Of fireman who Is discharging the duty u
engineer, Of superintendent who negligeuty
performs the duty Of lahorer other employe,
a conductor or brakeman IN the discharge Of any
other duty than that 10 which he had been as
signed by the company, the sta4ute Is held not
to coYer the case. and there can be no recovery.
The plan Of this legislation was eunningly de
ylsed and the statute artfu1y drawn. II was
enacted In the interest Of the companies with
the purpose OF modifying as little "a possible the
the face Of the public demand for much more
effective Ian giving ample protection to men en-
] recommend that It be repealed and that sec
tion 1916 OF the statutes Of 1878 be re-enscted.
Dairy and Food Department.
The work OF this department has been greatly
increased with the growth OF the dairy interests
In the state and by the multiplying demands for
inspection Of deleterlous and adulteFated foods.
Leaving out OF consideration the commercial
peet Of the question, the thorough inspection OF
creameries, and cheese factories OF the state,
and the examination, analysis. and branding OF
entitled 10 most serious consideration.
That adjoining states have passed
Wisconsin in the quality of some of the
products of the dairy can be accounted
for upon no better grounds than more
thorough inspection In the field. This
Is not chargeable to any want of dill
gence upon the part of Wisconsin Off
cials. but is due TO the fact that where
Wisconsin employs one. neighboring
ate employs ten inspectors. While
ro uctant to encourage an increase in
the number OF employees ia any branch
of the public service | do not hesitate
to recommend that the law be amended
to provide for the appointment of at
dairy and food department. and for an
assistant to the state chemist.
Provision should also be made au-
thorizing the dairy and food commits
.sioner to publish a bulletin for distribu-
ton among the dealers In food products
In which there may be printed. at least
ascertained upon analysis 10 be adulter-
ated, II is fair to dealers that they
that foods oficiaIly found 10 be aduiter-
ated must not be offered for sale. The
expense for such publication can be
provided for in the same manner that
agricultural experimental station Is
now authorized
Work of Live Stock Sanitary Board.
The report of the live stock sanitary
board respecting the work accomplished
since the organization of the board in
prove gratifying to the live stock inter-
ests of the state. 1t shows that the
disease of tuberculosis In cattle Is being
gradually but certainly eradicated with
In the state. The amendments to the
laws providing for the destruction of all
animals found to be affected by this
diseaee, enacted in 1901. SO as to pro-
vide for the shipment and sale OF those
In good flesh to places where inspec-
ton could be had by federal officials.
has proven profitable to the owners of
such animals and at the same time has
effected a saving of several thousand
dollars to the. state. The board COM
mends most highly the services of the
state Veterinarian In the performance
of his official duties during the term
The calls upon him have been more nu-
merous than ever before and every cali
has been met with the utmost prompt
ness possible. During twenty three
months of service he has Travelled by
rail more than So. 900 miles besides a
large amount of tourneying by road
vehicles making an average of at least
one official call each day for the entire
period this service frequently recurring
almost constant work or travel night
and day for weeks at time.
Lighting and Ventilating Capitol Build
ing.
II legislature of 1901. by chapter
36g directed the executive TO contract
for an electric lighting plant for the
capitol building and grounds, appro-
priating therefor the sum of s35. 900. or
so much thereof as should be required
for that purpose. They also enacted
chapter $50, authorizing and directing
The executiye TO contract for n enmnIatss
ventilating system for the capitol build
ing, and appropriating therefor the sum
OF $4,000. or so so much thereof as
should be necessary
The condition OF the general fund was
not such as to warrant the making OF
-rSe contracts until the spring of 1909
neers - a. n
CO Nd possibly be done left the matter
In some doubt as to whether 10Th con-
tracts could be carried out according 10
the terms OF the law within tire limits
OF the appropriation. While neither
chart sr made specific reference to the
other 1t was not possible to execute the
contracts separately. As preliminary
plans for a ventilating system for the
capitol building had been prepared
for a committee of the last legis-
lature. IT was determined to com
6ine those plans with plans for
an electric lighting system. Upon the
cations, after extended Advertising. bids
were received for the performance of
the contract, The bids were found to
exceed the aggregate sum appropriated
tilaung. the capitol building II was
found. however, that by eliminating
outside of the capitol building and the
walks and grounds about the same. the
two nlants could be installed within the
limits OF the sum appropriated. Tho
contract was made and the work begun
as soon thereafter as possible BY the
terms OF the contract Il WAS provided
that all of the work should be per-
formed and the contract completed by
the FIRST day of December. 1909
The progress of the work has been
interfered with on account Of delays in
delivering material. II is now promised
that the contract will be completed in
few DAYS
Prior to completion no proper test can
be made of the evntilating system. The
principal ~ortion of the work remain
Ing unfinished is the placing of two OF