davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-05-30
Doctrine "Barbarous"

The following excerpts from
cases indicates the attitude of
the courts towards the barbarous
doctrine that would impute the
negligence Of the parent to the
child:
But know of no just or legal
principle, which, when the infant
himself is free from negligence,
imputes to him the negligence of
the parent, when, if he were an
adult, he would escape it. This
would be, I think, visiting the sins
Of the fathers upon the chill
dren' to an extent not contem-
plated in the Decalogue, or in the
more imperfect digests of human
law"
Lannan VS.. Albany Gas Light
Co. As Barb. IN. " 246 at 27O.
This decision is no less opposed
to the current of authority upon
the point, than to every principle
of reason and justice. It is, liter
ally, to visit the transgression Of
the parent upon the child"
Whirley VS.. Whiteman, Head
(Tenn.) 609.
1T seems repulSive to our sense
of justice that, because the parent
is negligent of his child, others
may with impunity be equally
negligent of its helpleSSness. and
equally indifferent to its neces-
SitieS."
Government st. Ry. VS.. Hanlan,
So Ala. 80.
"The conversion of the infant,
who is entirely free from fault,
into a wrongdoer by imputation,
is a logical contrivance uncon-
genial with the spirit Of juris-
prudence"
Bellefontaine Ry. Co. VS.. Snyder,
18 Ohio st. 399.
In any event 1t is apparent that
the father and custodian Of the
plaintiff exercised reasonable care
The Washington times., 1934-05-30
Infants Rights Upheld

In the case of Mattsan VS.. the
Minnesota Railway Company, 95
MINI. ATT, the Appellate Court
of Minnesota, in a well-considered
opinion, uses the following Ian
guage:
THE right of an infant to
damages for injuries to person
caused by the wrongful act OF
others is a property right, and
entitled to the same protection
in the courts as is accorded other
property held or owned by him.
He is entitled to the protection
of the law equally with persons
who have attained their major
ity, and 70 refuse him relief on
the ground of his parents indif-
ference or negligence would be to
deny it to him. To impute to
him negligence of others is harsh
in the extreme, whether the
negligence so imputed be that Of
his parents, their servants or
guardian"
A leading case on this question
is that of Robinson VS.. Cone, %
VT. 213. In that case child Of
four was amusing himself by
shedding down a hill. While so
engaged, he was run over and in
jured by a sleigh driven by the
defendant. The Court. in its de-
cision, repudiated the doctrine of
imputed negligence, holding that,
although a child of tender years
may be on the highway through
the fault or negligence of his par
ents. yet, if he be injured through
the negligence of the defendant,
he is not precluded from OBJ
tanning his redress: all that is re-
quired of the infant plaintiff be-
ing that he exercise care and pru-
dence commensurate with his ca
pacity.
In the case of Daley VS.. Nor
wich. etc. Ry., 26 Conn. $50, the
court, in holding that the negli-
gence Of a parent in permitting
a child to be on a railroad track
Will not be imputed to the child
to bar it's right against the rail-
road for injuries received in the
negligent operation of a train by
said railroad, uses the following
language:
"And first, it is obvious that the
negligence of parents (if there
was any is not the want of cr-
dinary care in a child less than
3 years of age, however much
such negligence might be de-
tense to an action by the father,
had he sued the company for ex-
penses incurred, or for loss of
services"
In the case of Roanoke VS..
Schulz. 81 Va. 42O, the court held
that the negligence of a parent
in permitting an infant to go un-
attended into a dangerous place
could not be imputed to the in
FAINT.
The Washington times., 1934-05-30
Poor Repairs Charged

The thory of the third count is
that the defendant made some re-
pairs to the porch and steps but
made them negligently and failed
to remedy the dangerous condition,
but on the contrary increased the
hazard and by reason of his negli-
gence in this regard, the plaintiff
was caused to fall into the area
way and was injured.
The plaintiff alleges in all
counts of the declaration that the
porch and steps were out of re-
pair and that it was defendants
duty to remedy the defect. The
stringer broke on August /, 1888.
This, was not a new defect, but
merely a manifestation of the old.
The defective condition of the
property on the I'd day of Au-
gust, 1888, was still the same de-
fective condition already existing
and by reason of the defendants
failure to repair, or as is alleged
in the third count. by reason of
defendants negligence in making
repairs, plaintiff was injured. No
new force intervened which
could possibly have brought about
plaintiffs injury other than de-
fendant's negligence. In order
for the negligence of defendant
to be the proximate cause of the
injury it is not necessary that de-
fendant's negligence be the sole
cause of the injury, but merely a
cause which contributed to the re-
suit, which has not been broken
by an intervening independent
force.
AS a matter of law, a child of
six years of age can hardly be
said to be guilty of contributory
negligence. Whether or not a
child between the ages of seven
and IA is capable of contributory
negligence is usually a question Of
fact to be decided by the jury.
Cases in this jurisdiction indicate
that this is the law in the District
of Columbia.
In the case of Moore VS.. the
Railroad Company, 2 Mackey 437,
the Court of Appeals of the Dis
trict of Columbia had the follow
ing to say relative to contributory
negligence of an infant plaintiff
of seven years who was injured
by street Car while the infant
plaintiff was playing in the street:
IF this had been the case of
an adult we should nave little
difficulty in holding that there
was sufficient contributory negli-
gence on his part to defeat re-
covery; but we cannot say so in
regard to a minor child of tender
years. There is hardly any set Of
circumstances which court can
say, as matter of law, amount
to contributory negligence on the
part of such a plaintiff as that.
1t is always finally a question Of
fact whether the capacity of a
child is such that he can be
charged with contributory negli-
gence, and as a question of fact,
it must necessarily be submitted
to the jury for determination"
The Washington times., 1934-05-30
Defendant Notified

The defendant was in a better
position than anyone else to as
certain the extent of the defect
and the fact that it is not
averred in these counts, that the
defendant. in addition to know
ing that the porch and steps were
defective, was notified that the
Stringers had given way. should
not excuse him.
The fact that a third party,
who is on the property by leave
of the tenant, is dependent as
between the third party and the
landlord upon the rights vested
in the tenant through his rental
contract. does not mean that he
is subject to all the defenSes to
which the tenant might be sub
ject had he been hurt, such as
contributory negligence, etc., but
merely means that the right of
the third party to be on the prop.
erty and the duty of the landlord
to repair is dependent upon the
tenants agreement with the lanG.
lord and cannot be greater than
the tenants rights, as distin.
guished from his remedies, in
that regard.
The general rule is that where
property owner rents his prop
erty and delivers the entire pos
session Of it to the tenant he is
not responsible for damages either
to the tenants property or per-
son or to third parties on the
property at tenants invitation,
even though said damages are
caused by defects in the premises.
The Washington times., 1934-05-30
Rule Has Exceptions

To this rule there are, however,
exceptions.
That the law recognizes that
cases having the distinguishing
elements set forth above do not
fall within the general rule, are
borne out by the decisions which
follow.
Lawler VS.. Capital City Life In
surance Company, 62 Wash Law
Reporter No. 4 P. 81, decided
January, 1894: Here an illumi-
mating discussion is found Of the
matter indicating the present
view of our Court of Appeals.
Facts: Property owner (an In
surance Company rented a made
over residence to a tenant "a
Union). The whole building was
exclusively in the possession of
the tenant with the exception of
a small basement room occupied
by a barber. The barber shop
was reached by stair which led
to his shop. The remainder Of
the basement in possession of
tenant was reached by a separate
entrance and the first floor of the
building was reached by a stair
way which ran to the sidewalk.
Along the steps giving access to
the first floor was a railing. This
was defective and an invitee of
the tenant was injured by reason
of the defect and sued the prop
erty owner. The property owner
had made no agreement to repair.
The Court said:
'The defense was that the ten
ant (Union) and not the property
owner Insurance Coz was in pos.
session of the entire property to
which the stairway in question
gave access: that property owner
Insurance Coz not having agreed
to repair, the duty of maintenance
The Washington times., 1934-05-30
CONTRADICTORY NEGLIGENCE
IMPUTED NEGLIGENCE
PARENT AND CHILD

I. Where property OWner
agrees to make all necessary re-
paivs during the course Of the
tenancy, and dsfectiV- conditions
are brought to his attention be-
fore the tenancy began and the
tenant moves in on reliance of
owner's promise to remedy said
defects with injury resulting
ticrefron, t. the child Of the
tenant, the child m1y recover.
2. WI ther or not a child be-
tween the ages of 2 and II is
capable Of contyibutory negligence
i question Of fact to be de-
cidsd by the jury.
May rs, 1884.
The case of diff, Infant, VS..
Cheri, At Law No. 83405, came on
for hearing before Mr.. Justice
Bailey upon a demurrer to the
amended declaration. The decla,
ration was drawn in three counts,
the substance and theory of which
were as follow:
The first of these counts goes
upon the theory that the defend.
ant rented property to the plain.
tiff'S father and undertook to
make all necessary repairs during
the course of the tenancy upon
being notified of the same. That
repairs became necessary and de-
fendant was notified thereof, but
failed and neglected to remedy
the defects, and in consequence of
the defects, plaintiff, the infant
child of the tenant, was injured
and seeks to recover.
The theory of the second count
is that the defective condition of
the premises was called to the at
tention of the defendant before
the tenant entered into the rental
agreement; that the defendant
promised to remedy this condition
and plaintiff, relying on the de-
fendant'S promise, moved into the
premises and occupied the same;
that although sufficient time
elapsed, the defendant failed and
neglected to remedy the defects
and by reason of his neglect, the
tenants infant child of six years
Of age fell and was injured.
The Washington times., 1934-05-30
RAILROAD SELLS
NEW ISSUE

The Delaware, Lackawanna and
Western Railroad has sold to a
banking group headed by j. P.
Morgan & Co., an issue of $13, $780,
900 per cent bonds of its SUD-
sidiary, New York, Lackawanna
and Western.
The bonds were sold to the
bankers at 81 and will be reoffered
privately after June l at SO.
This is the second important
piece of railroad financing this
year, prior to which there had
been no offerings in more than a
year.
Improvement in general bond
market conditions and the recent
success of the New York Centrals
$60,000,000 refinancing prompted
the LackaWanna to bring out the
issue at this time. The Lacka-
wanna is controlled by the New
York Central and interests friend
ly to it and has the same bankers.
The Lackawanna will use the
proceeds to retire a loan of $2,000,-
600 from the National City Bank
and to reduce another of $11,000,-
600 from the First National Bank
of New York.
These loans are demand obliga.
tions bearing AZ per cent interest.
The road obtained permission Of
the Interstate Commerce Commis-
sion to reduce the interest rate on
the new bond issue from to 4
per cent and to guarantee the pay
ment of both principal and in
tereSt.
The Washington times., 1934-05-30
TRADERS WORRY.
LITTLE OVER
MARKET
BY WALL STREET SPECTATOR

BY WALL STREET SPECTATOR
NEW YORK, May 80 O.N.S0.
Resigned to a period of inactivity,
Wall Street doesn't care partic-
ularly what stocks do right now,
Few expect any further sub
stantial decline from current
levels, though reactions are likely.
On the other hand, none is
looking for a big rise for some
time unless the news becomes
dramatically bulliSh. For the
present, the current bull market
in wheat isn't classed as such.
We hear some of the big wire
houses are losing around $4,000
day.
This piles up into the big
money very quickly. AS an off.
set some of the firms have been
getting substantial reductions in
rent. despite leases.
Wall Streets jumpy nerves are
shown by the Allied Chemical
announcement on promotions on
Tuesday.
Stories about importing
Argentine wheat are pooh poohed
in informed circles.
This on top of the drought loss
would cause some kind of a blow
off. Furthermore, Argentine
wheat is of much inferior quality
to the American kinds and
normally sells at a discount.
Traders are beginning to look
forward to adjournment of Con-
greSs as a stimulus.
Business so far has been hold.
ing up much better than the
markets. Well-posted spectators
are buying raw sugar on in
formation from one of the biggest
factors in the domestic industry.
We hear Standard Oil of
Kentucky's business so far this
year is Is per cent ahead of a
year ago, while some of the
petroleum companies operating in
the south are experiencing even
bigger gains.
Chrysler's net for the second
quarter is now estimated at be-
tween 81 so and So share.
The Washington times., 1934-05-30
PAYS
MORGAN MOST
By International News Service

BY International News Service
The Southern Railway in 1888
paid more to j. P. Morgan g. Co.
for services in connection with
stock transfers and dividend pay
ments than it distributed in sal
ary to it's president, the company's
report to the Interstate Commerce
Commission revealed.
Fairfax Harrison, president, was
drawing $50.000 a year at the end
of 1898. and received a bonus of
$463, while the Morgan firm re-
ceived $53,857 for stock transfer,
interest and for acting as dividend
paying agent.
E. E. Norris, John Hyde and E.
r. oliver, vice presidents, received
$4,000, $4,000 and $780,, re-
spectively, and j. B. Munson also
received $12,150. S. R. Prince,
general counsel, received $4,000.
The Washington times., 1934-05-30
Standard
Declares Dividends

National Standard Company
has declared an adjustment divi-
dend of 20 CENTS and a quarterly
dividend of so cents, both payable
July 2 to stock of record June 20.
Company increased the quarterly
rate to so cents in the preceding
quarter from 80 cents. On Sep
adjustment dividend Of 80 cents.
bringing total dividends in 1888 to
tember 80, 1888, company paid an
50 a share.
The Washington times., 1934-05-30

was upon the tenant in possession,
and that if any right Of action
accrued from the accident it lay
against the tenant (Union) and
not against the property owner
Insurance Coz"
CThe Trial Court took the above
viewO
Under earlier decisions of this
court relied on by the appellant
(tenant's invitee) a landlord who
rents parts of a building to differ
ent tenants, retaining control of
the building himself, is obligated
to keep the common portions Of
the building, such as Stairways
and halls, in repair, but the doc
trine has no application in this
case, because there were no por-
tions of the building used or held
in common by the barber and the
tenant (Union)."
The Washington times., 1934-05-30
POlUer and Paper
Deficit S169,O46

A net loss of $169,046 resulted
from the 1888 operations of In
ternational Power and Paper
Company of Newfoundland, Ltd,
according to the annual report
submitted by Archibald R. Grau.
stein, president.
This compared with profit OF
$349,912 for 1882. Wage increases
last year Of about II per cent
resulted in higher operating costs,
and revenues declined because a
gain in deliveries was more than
offset by lower newsprint prices.
The Washington times., 1934-05-30
Policy of D. G. Courts

The doctrine of imputed negli-
gence is adhered to in a few
jurisdictions but the majority of
the jurisdictions do not recognize
this defense. Even in the few
jurisdictions which recognize it,
it is nearly always left to the
jury with proper instruction just
as contributory negligence is
nearly always a matter for the
jury to decide. In this jurisdic-
ton no case can be cited indicat-
ing that imputed negligence is a
valid defense. On the contrary.
in the early case of Moore VS..
the Railroad Company, 2 Mackey
437, the Court Of Appeals of the
The Washington times., 1934-05-30

to them by trying to get all in
flated again.
Nor do I defend the business
ethics of the postwar period.
They we're not only unethical, but
were cockeyed. And for the same
reason I oppose the New Deal
ethics, which would have the Gov
e1nment manipulate money and
business on behalf Of favored
classes. All the Governments
manipulationss and speculations
in cotton and wheat, reputation
of promises in bonds, forfeiture Of
air mail contracts, IDEALS" with
the silver crowd, and violations Of
the Constitution, are unethical.
60 "DO you cons der 1t
wrong for the Federal Govern
ment to lend to local govern
ments and individuals when
they are brOke?"
Yes, to the extent that the
"IOans" are gifts, and not made
on a business-like basis. "Re-
lief" should be "given" as
needed. But we should not fool
ourselves. We should face the
facts, and count the costs. Re-
lief does not require that we
prostitute our banks and debaSe
our currency.
Time is up-maybe No. 6 later.
The Washington times., 1934-05-30

S q p ii ngS IN a
storm.
What used to
be a h a p py
event for them
the m i n 6
of June /, or
the first of any
month for that
m a t ter, which
always brought
a pay check
is today a time
of ar and
worry.
with t h e
coming of this
The Washington times., 1934-05-30


believe that the handwriting on
the wall, which seemed inevitable
when Leslie c. Garnett took over
the D. AS job from Leo A:
Rover several months ago, Will
become all too visible.
Announcement Of the appoint
ment yesterday of C. D. Vernon,
former secretary to Justice James
M. Proctor and an aide Of Sena-
tor King of Utah, by Mr.. Gar
nett didn't ease matters very
much.
T. It is expected that at least a
half dozen of the deputy prosecu-
tors will get their walking
papers" within the next few
weeks. OF course, Mr.. Garnett is
= non n-committal on this subject.
However, they are taking long
shot bets at the courthouse that
the new month will see at least
one new face in a very important
job in the prosecutors office.
Smart money is being laid on
George E. Mcneil, that popular
young lawyer, who has offices in
the Columbian Building, and who
: was in the Attorney Generals
office during the Wilson admins
tration when Mr.. Garnett and his
..chief aide, Capt. David A. Plne'
also were there.
=.
There occurred a solemn cere-
mony on Monday at the National
Cathedral, which will linger long
: in the memories of many, par
ticularly the lawyers who were in
attendance.
-. The remarks of Chief Justice
Charles E. Hughes, of the United
: States Supreme Court in his
praise of the late Chief Justice
Fuller, were nothing short OF
gems. ,.
Lawyers are still talking about
his address. The occasion was
the presentation of gates to the
Cathedral by Mrs. Hugh c. Wal
I lace in memory of her father, the
late Chief Justice.
bers of the bar have
learned since Leslie c. GarnetC
took over the prosecutors office
that it doesn't pay to attempt the
transaction of business at the
D. AS office between 1890 and
2 p. m.
When things are h u m m n G
along nicely and there is nothing
big'' to disturb the tranquility OF
the office, the good D. A. with
his chief assistants, Dave Pine,
Harry Underwood, Jack Fihelly
and maybe one or two others re-
pair to a Connecticut Avenue eat
ing establishment for a quiet lun-
cheon.
- F.. Regis Noel, president of the
Bar Association, is calling his lieu
tenants together for a fight to
the bitter end for speedy build
ing of the Municipal Center.
A hearing on this subject is
soon to come up in the Congress
sional Committee and President
Noel is working night and day
storing up ammunition to show
the gents on the Hill" how i'm
portant it is to have the NUM-
cipal Court, Police Court and other
.. branches Of the Government
housed in one building.
The Washington times., 1934-05-30
IN NAVY
KEEP REALTY
MEN BUSY

Many new faces will be seen
next month in naval circles In
Washington as the result of the
Navy Departments orders assign
ing officers to new posts from
various parts of the world.
And as a result of this, local
realtors have received scores Of
notices of vacancies. This, how
ever, is offset by those who will
come to replace those leaving.
It is not often, however, real
tors say, that the same apart
ment or house occupied by one
officer and his family is taken
over by a brother officer sent
here to relieve him. It was ex-
planned that officers living away
from Washington develop diff
ferent tastes and fancies con-
corning their living quarters, and
as a result they conduct a
thorough search until they even
tually find something to their
liking.
For the first time since the i'm
posing Tower Building, Four
teenth and K SITS. N. w., was
erected, the spacious ground suite
at the southwest corner, will house
tenant. A pharmacy and grill
are being installed to cover more
than 1000 square feet. The deal
was transacted by H. L. Rust and
Company.
Members of the Washington
Real Estate Board spent an hour
discussing properties at their
weekly luncheon at the AmoaSSa-
dor Hotel yesterday. They re-
ported that business in the main
was progressing and are more op-
timistic than ever about things
in general.
Some mention was made about
government employees in the city
after the luncheon. It was re-
vealed that up to about a month
ago there were nearly 10000 Fed
eral workers in the Distric5--or
1913. to be exact. This total
represents the largest number
since July, 1920. It does not in
clude, however, those employed in
emergency agencies, the legis.a-
tive and judicial branches, the
Army and Navy, and District en-
ployes.
The Washington times., 1934-05-30
LEGAL NEWS AND COURT DEOSONSj
Recent Supreme Court Decision

in safeguarding the plaintiff and
that in spite Of this and through
no fault of his, plaintiff was in
jured by reason Of defendants
negligence.
The Washington times., 1934-05-30

G1OAAO. 11CAC SOCO'
% do you
think the pub
lie. especially
elderly people,
should be pro-
tected against
the loss of their
life savings in
unsound securi-
tieS?"
Yes-to t h e
ex t e n t that
there is any
dishonesty, or
concealment of
data, or mani
pulation of mar
ketS. The law
The Washington times., 1934-05-30
HANEY DEFENDS
VIEWS AGAINST
NEW DEAL
BY LEWIS HANEY
professor of Economics,
New York University

In very intelligent letter from
San Gabriel, California, I am
challenged" to answer six queS-
The Washington times., 1934-05-30

49, Admitting that the law OF
supply and demand has been shot
to pieces since 1880, what woulo
you have done to remedy the sit
uation?"
Supply and demand were not
shot to pieces. We merely
erected obstacles and interfered
with the working of the law. This
we did by price fixing, loans to
carry excess stocks of goods, in
flationary tactics. and all sorts
of bonuses, restrictions, and mora
toria. The net effect has been
to reduce demand and to keep
supplies large. The law was
not allowed to work out an
equilibrium.
Most decidedly I would not
have done most of the things
that have been done.
The policies which I have
advocated all along are the
sound ones which alone can
give lasting results. Very
broadly put, the main ideas
are: (D Firmly maintain the
gold standard, and the policies
which are necessary thereto,
namely liquidation of credit
and balanced budgets. ~
Make every effort to settle
directly debts of all sorts. by
bringing pressure on creditors
and debtors to reach agree
ments. and to write down over
capitalization and property
values to a workable basis. tSI
Allow market values to work
themselves out freely. and
break up monOpolies and price
fixing.