Omaha daily bee., 1906-10-26

Wiser scenes and Incidents sNetched
on the spot.

on the Spot.
The sDcpaftment o. Justice proposes 70
intervene in the supreme court in a case
coming up from Pennsylvania involving the
validity Of tho law requiring safety APP
plianees on railroad cars. A brakeman
named sherman, employed by the Penn
sylvania railroad, was ordered by hts con-
duotor 20 couple shovel .car equipped
with an ordinary drawhead 70 caboose
equipped with an automatic coupler. The
brakeman was a big man. lie had 70
stoop away down IN order to hold up the
drawhead and guide Il to the small open
Ing In the automatic coupler. An engine
was used to back the shovel car down 70
the cahoose. All during the operation the
conductor was ordering sleman 70 keep
his head lower. He could not act Il low
enough, so in an hour they carried the
body OF the poor fellow homo to his wife
and two little children with the top Of his
head crushed of.
II was a violation Of the safety appliance
act for the railroad company to use that
shovel car equipped as It was with an old
coupler In interstate commerce. Yet II
had. having sent the car over to Pennsyi
vania from Kew York.
When the case came into the courts of
Pennsylvania they all threw 81 out on the
ground Of contributory negligence. It was
negligence for Sleman TO obey the order OF
the conductor He should have refused.
The mere fact that he would not have had
Job should have made no difference. His
wife and children might have gone hungry
while he was trying to get another job
there are so many railroads other than the
Pennsylvania in the Keystone common
wealth-but he would have saved his phys-
cal head So the Pennsylvania courts
threw him out and the highest court in
the state approved what the inferior courts
had done. Omcials OF the department con-
slider the Pennsylvania law reproaeh to
civilization
President Roosevelt is said to be looking
over the list Of department employees with
a view TO separating either husband on
wife. where both are employed, from the
government pay roll husband and wife
may choose which shall so. II no agree-
ment Is reached one or the other viii be
dismissed. The president win lnterpose no
objection 10 the employment Of women
whose husbands are living, but are not in
the government service nor will he at
tempt to regulate the number OF members
OF any family who shall be given govern
ment employment further than to make It
impossible for both the husband and wife
to remain upon the payrolls. It is esti-
mated that in Washington alone there are
at least 100 cases where both husband and
wife are in the government service. In
some instances the marital relations are
secret and the wife appears upon the pay
rolls under her maiden name
After lying at the bottom Of the Potomac
river for ten years, ring, which had
plighted fidelity at two weddings and which
had been dropped from the steamer Samuel
J. Pentz by Mrs. Clement C. Hipkins Of
500 NJ street northeast, swas recovered by
lite owner.
i The ring was highly priced by Mr.. Hip
kins az it had been used at the wedding
Of his first wife, and also at that of his
/ second. Mrs. Hopkins was overjoyed at
its recovery, as she had years ago given
up all hopes OF ever seeing It again.
] The ring, which was Of IS carat. and a
woman's gold hunting case watch, were
scooped up near Anaeostia by the suction
pipe Of dredging barge. The valuables
were found by John Peyton Of g Virginia
4 avenue, who on looking at pile Of dirt
saw something bright in the heap. When
] ne KICKED the olIl dblue ne lVuhu Nhq
watch and ring. one the inside OF the ring
was engraved the following: &C. c. II. to
| NJ. z. w. Jan. a. rs"
In speaking OF the recovery Of the ring
/ Mrs HiBkins said; II had given up hopes
OF recovering the ring long ago. When my
husband read about a ring being found
which answered the description Of the one
/ I had lost I Immediately went to police
headquarters to ascertain II It were mine
There I was told It was in the possession
OF 1Ir. Peyton When I went to his home
/ had no trouble in Identifying Il and con
vincing Mr.. Peyton that Il belonged to me
It was lost ten years ago from my finger
while was on my way to River View
aboard the steamer Samuel ]. Pentz.
when it dropped into the water not.
fed Captain Randall, who at that time was
! In command OF the vessel. He marked
the spot and several professional divers
made Intellectual attempts TO oSecover th'
ring. The ring was highly priced by Mr.
Hopkins because Of It's association. It wai
used at his first wedding, in 1878 and slsC
when he married me-"