Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1904-03-19

is free To- contract against liability for
future negligence. 1t is strange that
although this has been II matter of al.
most constant litigation between rail.
roads and their patrons it has never
reached the Supreme Court. The fact
that the transportation may he free
does not of itself affect the liability of
the carrier. Railroads. however. never
fail to require the passengers sigma
turc TO u contract written upon the
pass releasing the company from all
liability. In declaring the legality of
such Il contract the Supreme Court
has followed the English decisions,
which have been uniform upon the
subject. Elliott, in his book on rail.
ways. and the court in the ease of the
Indiana railroad vs.. Mundy. declare
that in this country the majority of
cases and the weight of authority are
against the legality of the contract.
The American and English EncycIo-
pcdla of Law comments at length upon
the great contraricty of judicial opin.
ion passed upon the subject. and also
declares that The argument of the
courts opposed to the validity of the
contract would seem to be we'll nigh
uilanswerabc." The Supreme Courts
decision. therefore. may he taken IA
I'm a measure revolutionary rs being
against the weight of authority. 1t
is also interesting to know that some
Statcs--lowa, for eXainple-havc
enacted statutes which declare such
contracts to bc illegal ana not binding
upon the ground that the law cannot
permit n railroad to lay down the pub.
lie character which the law has given
II rs u passenger carrier and become
n mere private carrier ut will. The
cnse of the New York Central vs..
Lockwood has been heretofore consid-
cred one of the Leading cases upon the
subject, and In this the court held that
behind any contract establishing the
relation of carrier and passenger
stands n public policy which even the
courts cannot allow the parties 10
thwnrt. This public policy referred to
~ that requiring railroads to employ
all possible skill and diligence I'm pro.
viding suitable ana safe means for the
transportation of passengers. The Su-
picme Court. however, insists that
the stipulation should he viewed In
the light of II contract between u pas
scnger and private carrier. AMI there
fore not To be taken ns IN exemption
Of the rigid responsibility which the
law imposes upon common carriers.
the service being one which the car
rirr is not bound to perform. 1t Is
held further to he unfair to compel II
carrier to present Il gift and then pay
for consequences, especially when the
gift has been coupled with II stipula.
ton to the contrary.
~SA
She does not live on the avenue. She
lives on u side street. The house has
only five rooms. 1t IL n cosy home. all
In active use. As the mortgage which
y
pOrclies about the cottage grow larger.
II was built for two ana IL now Occu.
pied by four. There's Himself AMI
Herself and The Girl ana The boy
"us four ana 10 more" Himself Is Il
man. every inch. He Is hearty, indie
pendent, energetic and steady as Il
clock. He has got his big feet firmly
planted on the lower round of the sue.
cess ladder ana IL climbing slowly,
surely, carefully. lie loves Herself and
no other. The Boy and The Girl are
healthy youngsters. The Roy whistles
ana The Girl sings and Herself does
not complain of shattered nerves.
hut How can woman who
must economiZe and pinch enjoy her.
sclf!' Perhaps the happy little woman
might he unable to explain that . She
would say perhaps: I'VE have enough
and II little to spare for the very poor.
And really there Is satisfaction In deft.
~ darning IIimsclf's sunday coat. And
there Is zest In turning little garments
inside out ana In puzzling ones brains
to make both ends of the household
meet. We are getting on. We have no
envy of those who live in big houses.
We love one another ana we are con.
tented. Love, you should remember,
Is the greatest thing in the world and
cOnlentment Is the next To the greatest
thing. Here's your law of compensa.
ton agaln-thc joy OF service. II one
must wrinkle ones brow sometimes
over Il household problem, studying
how one may "cut the corners" for the
sake of Himself and The Other Two,
measure for measure---s,lre as the law
of gravity, certain ns the law of chemi-
cal nttinity-onc shall be paid back ten
fold! All. little woman (and that's the
pathos Of iD, you don't know how iich
you are. Enjoy your children while
you may. Who knows? They may
grow up and honor your gray hairs
Or they may grow up and break Your
heart. Or some day You may live In Il
big house where things are gilded and
life Is hollow. The time may come
when there's no longer need for loving
calculation or willing self sacrifice
more's the pity. II that time shall
ever come to you, little woman, how
will you yearn for the days when you
were 80 happy ana so pore"
~6A
The cost of the pension roll is $1.75
q year for every man, woman and