The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-05-01
LONG FOUGHT CASE
ENDS IN N0NsU|T

nonsuit on the defendants motion In
the damage suit of Carolina vierra vs.
the waialua Agricultural company.
The suit has been on trial for eight
days before jury. and large number
OF witnesses have been examined. The
plaintiff is the widow of one of the
Portuguese immigrants who came on
the Suveric. She married him in Ma
deira January 81. 1905. He was
widower with one small child. when
she married him. Two children blessed
their union. He was employed on the
waialua plantation at s24 a month. In
November last he was employed with
others on the Halemano railway fill on
the plantation. A trestle was built and
track laid on it, and down this track
dump cars filed with dirt and rocks
were run by gravity, the brakes on the
cars being depended on TO regulate the
speed of the cars and to stop them at
the right point.
On November %. 1907. a loaded car
was run out on the trestle. There were
four men on it. 1t did not stop at the
end of the trestle but went over and
fell down fifteen feet. Two of the men
jumped and escaped. The two others
did not, and were killed, the husband
of the plaintiff being one of them.
The plaintiff sued for $4,000 dam
ages alleging that the death was due
to the negligence of the defendant in
not providing buffer post at the end
of the trestle to stop the car; and that
the brakes on the car were not eff
ficient
There was testimony to show that
on this last fatal trip the car gained
great momentum early in the course.
and that when the brakes were applied
to their fullest extent the wheels some
times slid on the track and sometimes
revolved, but that the car did not stop
within a distance much farther than
usual. An expert who was called testi-
fled that the brake rods. having a bend
in them. when pressure was put on the
brakes. they Strengthened out to some
extent, thus failing to bring the shoe
of the brake up against the wheel suf-
hciently hard. on the other hand it
was shown that this car had been used
for some time in this work and that
it had always worked efficiently until
this time.
The plaintiff moved a nonsuit on the
ground that il had not been shown that
the accident was due to any neglect on
the part of the defendant or that there
was any defect in the appliances fur
nished from which it could be safely
deduced that the accident had oc-
Cured.
The plaintiff will now begin another
suit, it is said.
The plaintiff was represented by ].
Lightfoot and E. Vincent. and the de-
PENDANT by j. W. Cathcart and f. w.
Milverton.
- - y y - - y " " " - y y - ~
less at the mercy of his employees and
must consult their convenience, not
his. References of character from
former employers are unknown. II
man says he is carpenter. a black
smith, painter or a printer. that he
understands everything in his trade.
and that he wants so much per month.
the employer must take him at his
OWN valuation and later find out what
ne can or cannot do.
THE virtues Of the japanese work,
nan are that he is sober. polite and
'leanly. A way to carry on work with
lin in more or less satisfac-
DRY manner can be found He
annot understand why his em>
'loyer should work himself into
passion merely because a workman
polls material or ruins a whole jop.
Neither can he account for impatience
When task is not finished on time
% him tomorrow has little or no sig
tomorrow or any succession,
L tomorrows is just as good as TODAY
he does job wrong, or spoils il, he
with the utmost good temper ready
nd willing to do it all over again.
nree or four times if necessary. pro-
lded his pay goes on. To him, for
gners are strange beings who have
Ire ideas and unaccountable whfms
hich are very difficult to understand.
either does he understand how any
SIS or annoyance his employer may
lffer can concern him. He regards
ny show of temper or Impotence on
lie part of his master as a piece OF
llgarity and i'll breeding o. which
gentleman should be guilty.
In word, the japanese Iaborer can
neither driven nor led. Considerable
eatment and an active interest in his
elfare never evoke a show of graft
lde or cause more pleasant relations.
here is permanent state of passive
sistance and resentment of the fact
at the master earns more tnan his
an. Therefore, the japanese artisan.
neither he works on the premises for
ed wages or is employed outside,
ways looks upon his employer as a
stile force to which an unkind Prov
ence has delivered him He looks
'on 1t as duty to do as little as
ssible, and to do that little in a
ny most convenient to himself.
There is no competition in the sup
Of skilled labor in any branch Of
lde or industry. and consequently no
,entive TO improve. Work is fire.
emily delayed or stopped for want OF
nds able and willing to do it. All
rough Japan there is an annual
lste of many millions of dollars in
ne, spoiled material and neglected
lis and machinery. All arguments
prevent this waste are useless. ana
fe.