more weighty at the national council assembled at the visit of the Blande to regulate the succession."

Whatever may have been the system of land holding among the people it is clear their condition was not improved by the visit of those calling themselves a Christian and civilized race.

On clearing the land of the tenantry laws had to be passed which are a disgrace to civilized people. I mean poor laws. Prior to Henry VII. there were no such laws, nor have we any account that they were required. There was much disturbance among the lords and the people took part with them, but we do not read that there was want of food even among the serfs such as we find when convictions took place and the use of the land taken from them. The system itself was not good. I deny that anyone has an absolute right to any more land than is necessary for his existence, and as land is necessary to every one's existence it is the right of every one by virtue of existence, to the use of land, and any system that places it in the power of one individual to prevent another from the use of that without which he cannot live is wrong in itself.

In order to show how laws against evictions and poor laws came into existence at the same time, I quote a table of the laws as given by Mr. Fisher:

AGAINST EVICTIONS.

POOR LAWS.

Cap.

people sunk deeper in misery and poverty. Each succeeding dynasty left the people in a worse condition than at the commencement of their rule until at the end of the Tudor rule the people. entirely excluded from land and consequently in the lowest depths of poverty.

THE STUARTS.

When the Stuart family ascended the throne, the nation had just passed through two very serious strugges, one political, the other religious. In the latter contest the church was stripped of her possession of land, but instead of being reserved for educational purposes the land was given to favorists, and a new class of land owners created. Lay impropriators of tythes, who held the land thus granted, on the condition of providing for the spiritual duties` attached to the benefice, it can easily be imagined how those duties were performed by those unruly men in such unsettled times.

Up to this period of the history of landholding we see how the people were excluded from the use of land, and how those who claimad ownership gradually tightened their hold. They now turned thdir attention to relieving themselves of all charges which the land hitherto borne. They had already been relieved of furnishing soldiers to the state; they had driven off all the small farmers to make room for cattle and sheep, and although their physical power had been destroyHenry VIII. 13 ed they still retained the power in another form, and which they afterwards used with equal if not greater effect. Possessoin in land to the exclu3 sion of others gives the individual a power which can only be taken from him by taking his land. He has the 2 lives of all he excludes in his power and this is trues not only of the farmer who tills the land for his daily bread, but every other branch of industry is equally under his power. If any one will give this matter a little thought they cannot fail to see that from the land in one form or another comes all the wealth in the world.

66

2

Philip & Mary 5

66

23

Edward VI.

3

Elizabeth

5

3

3

We have thus far traced the history of land holding from the Roman invasion down to 1603, and find that just as the people were excluded from the use of land by each succeeding power that ruled, in the same proportion were the

freight car, and discovering that a seal had been broken, repaired to the station agent's room near where the train was standing, and borrowed a revolver to protect himself while dislodging the trespassers, and in company with the conductor ordered the parties to come out and surrender, whereupon they jumped out and ran away under the cover of darkness and when called upon to halt refused to do when the brakeman fired and killed one of them. In an action for damages against the company for the wrongful act of the brakeman, it is

So,

at the time of his injury was that of moving the large driving wheels of one of the company's locomotives; that by reason of insufficient help and inadequate machinery, a pair of these wheels ran upon him without his fault and the injury suffered could not have been avoided by the exercise of care and prudence on his part. The trial court gave plaintiff judgment; defendant appealed.

Held, That it is settled law that an employer must use reasonable care to provide his employes with safe working places and appliances. It is further settled that the employer must use reasonable care to select competent and skillful persons for service. But it is quite as well settled that an employe cannot recover from the employer for an injury produced by some cause incident to the nature of his services, and that the master is not re

Held, That upon the statement of the conductor, that the person shot was detected in having broken open sponsible for the known risks incident one of the cars in the night time, and when discovered jumped out and ran and refused to stop when halted, and was thereupon fired on and shot by an employe of the train, in such a case the criminal's joint and contributory fault would bar his recovery in a civil action against the company for damages. (Candiff vs. Louisville, N. O. & T. R'y Co., La. S. C., July 21st, 1890.)

NOTE-The criminal liability of the brakeman is not passed on in this case. The common rule of law that one is justifiable in shooting another only when his own life is in jeopardy will preclude a belief that the miscellaneous shooting of thieves or trespassers by railroad employes to be a safe passtime.

to the service in which the servant engages. Hence for the omission to plead that the danger was at the time unknown to the plaintiff the trial judgment must be reversed. Had the fact that the danger was not an incident of the service in which the plaintiff voluntarily engaged been averred, the trial judgment would have been affirmed. (Louisville, N. A. & C. R'y Co. vs. Cobb, Ind. S. C., June 20, 1890.)

INJURIES TO EMPLOYES-EVIDENCE -VERDICT. 1. In a suit against a railway to recover for the death of a brakeman who was crushed while attmpting to couple a caboose to a freight car, where the deceased's brother testified that he saw the accident, saw that the platform was in bad condition and were of different construction, etc., held, that the brother's testimony, though of doubtful competency. was not prejudicial to de

MASTER AND SERVANT-SHOP HAND -PERSONAL INJURY - PLEADING. Action for personal injury resulting to a shop hand. The complaint alleged that plaintiff was in the service of de- fendant. fendant as a laborer in its repair shop; 2. Where the evidence tended to that the company negligently employed an inexperienced, unskillful and incompetent person to superintend and direct the work in its shops; that the work which plaintiff was performing

show that the coupling could have been more safely done with a crooked link than with the straight one used by deceased, but it was proven that there was no crooked link in the caboose at

the time; held, proper to exclude evi- replaced the draw-head without it. dence that a crooked link was custom- During the run he made a coupling bearily carried therein and it was negli- tween that car and a stock car, which gence for the employes to be without like the others of its class on the road them. had no bumpers. It being night he did not observe that one of the cars had the defective draw-head, and he was caught between the two and in

3. Where it was sought to prove that deceased had previously been injured thereby rendering him defective in manhood and strength, the jured. He had been 18 months in the brother again testifying that said service. Held, that there was no eviinjury had had no effect on him, etc. dence of negligence on the part of the Held, the testimony evidently referred company. to the effect upon the physical exertions 2. Held, That a brakeman who has been of deceased and was competent. It 18 months in the service is chargable was also competent to admit evidence with knowledge that the stock cars of that deceased was sober and industri- the road have no bumpers, and assumes ous, as showing the value of his ser- the resulting risk. Trial judgment vices and the loss to his family. reversed. (Houston & T. C. R'y Co. vs. Barrager, Texas S. C., July 17th, 1890.)

4. Where the material testimony was given mainly by deceased's brother, if true, was surely sufficient to sustain the verdict, hence a verdict for $1,500 will not be disturbed because of the credibility of witnesses. (VanGent vs. Chicago, M. & St. P. R'y Co., Iowa S. C., July 5, 1890.

DEFECTIVE APPLIANCES-DAMAGES -VERDICT 1. A railroad company is liable for injuries sustained by a yardmaster coupling cars, which resulted from the defective condition of a set of platform scales over which its trains are accustomed to pass though owned by and built upon the land of a coal company.

2. A verdict for $5,000 will not be disturbed as being excessive, where the evidence shows that the injuries necessitated the amputation of an arm and permanently lessened the plaintiff's capacity for labor and ability to earn wages. (Little Rock & Ft. S. R'y Co. vs. Cagle, Arkansas S. C., July 7th, 1890.)

KNOWN RISK - EVIDENCE OF NEGLIGENCE ON THE PART OF EMPLOYE― EXPERIENCED BRAKEMAN. 1. Where a draw-head pulled out while the train was running, and the spring attached to it which prevents the cars coming so close together as they otherwise would dropped out, and was not found, and under orders of the baggage master, who was his superior, the brakeman

NOTE-The statutory law in some states relative to assumed risks of dangerous employment is favorable to the employer. There is no rule of law should be more familiarized by employes of railroad companies than this one: Life and limb may often be saved by an absolute refusal to do those hazardous things which their superiors constantly exact of them, because the whole risk falls upon the employe. The present national congress has enacted a law favorable to the employe in such cases.

CO-EMPLOYE-NEGLIGENCE OF-LIABILITY FOR. 1. Where a brakeman got on the break-beam of the tender and the engine backed down toward the cars to be coupled which could not be seen from the engine, and the tender first struck a flat car loaded with rails, the ends of which projected some distance over the end of the car, so that they caught the brakeman and killed him. The flat car could not be seen from the position occupied by deceased and he did not know it was on the track. Held, that the company was not liable for the accident, since it was attributed to the negligent loading of the car by co-employes, such risk being ordinary of the service. (Jackson vs. Missouri Pacific R'y Co., Mo. S. C., July 16th, 1890.)

No material changes were made in The Seventh Annual Meeting of Dis- the laws or rules of the District. The trict Assembly 82 adjourned October old officers were unanimously re17th after a five days' session, being the elected and there were but four changes longest session the District has ever in the Executive Board and the nine held. The value of the work done the members of which represent eight diffuture will reveal. There were gath- ferent occupations, and there were ered together representative employes fourteen different occupations emof one great railroad system who came ployed on railroads represented in the from nine States and Territories-not meeting. The following were the offito plot destruction or menace com- cers and delegates present: merce or to injure the employer, but to discuss questions of interest to all and to arrive at conclusions that would lead to the best welfare of all; that illadvised and hasty action might be avoided, that the best possible results might come to each from his labor and industrial peace remain as widespread as possible, and that what is justly right and opportune might be acted upon.

Thomas Neasham, W. R. Morley, Peter Gorman, W. L. Carroll, J. N. Corbin, Denver, Colo.; Chas. Unitt, J. M. Kenney and John Willett, Omaha, Neb.; John Reagan, Council Bluffs, Ia.; George C. Miller, Ellis, Kas.; J. P. Lincoln, Ellsworth, Kas.; S. Wynn, Junction City, Kas.; E. Corbin, Grand Island, Neb.; T. Fulton Gantt, North Platte, Neb.; H. T. Goodwin, Cheyenne, Wyo.; S. E. Sealey, Laramie, Regarding such gatherings, in this, Wyo.; John Moody, Carbon, Wyo.; the only true light, railroad companies George Ranson, Hanna, Wyo.; Wm. should be able to see that they have Brabazon, Rock Springs, Wyo.; D. have only good results to expect and Flannery, Green River, Wyo.; Thomas should encourage the holding of such E. Moore, Evanston, Wyo.: Thomas meetings. The course the Union Pa- Snedden, Almy, Wyo.; B. E. Dean, cific has pursued in the past indicates Ogden. Utah; C. Paulsen. Pocatello, that it has no desire to antagonize them Idaho; James McPherson and J. J. and they certainly have had no occa- Wilson, Shoshone, Idaho; W. G. Balsion to regret the results. We know of lard, Albina, Oregon; M. E. Crippen, no meetings of workingmen anywhere La Grande, Oregon; Ed. Ducie, South in America under similar circum- Butte, Montana; P. H. Healey, Colostances, coming from such a wide range rado City, Colo.; P. Gillespie, Stout, of country and working for one em- Colo.; ployer, and engaged in so many different occupations. May such meetings be seen soon on every railway system in the country. There is nothing so

All found accommodations at the Lindell Hotel. The District showed an increase of 30 per cent in membership over one year ago.

D. R. Munro, well known in D. A. 82, has been elected to the State Senate of Idaho by a rousing majority.

Agents should remember that we have a $45 sewing-machine to send to the one who does the best work before December 15th, to be based on the membership of their local and subscription list July 1st. This gives an equal chance to all.

Special attention is called to the premiums offered in our advertising pages. The offer is open to all subscribers, old as well as new. Old subscribers who wish to avail themselves

of the offer can renew their subscription and will be given credit from the time their present subscription expires. Subscriptions made in connection with this offer must be strictly cash in ad

vance.

Many readers of the MAGAZINE and especially those who have been delegates to District Assembly 82 will be pained to learn of the death of John Maher, one of the proprietors of the Lindell Hotel, who died October 19th. The Lindell is the favorite stoppingplace for railroad men visiting Denver, and its popularity has come much from the geniality of its two proprietors, Messrs Maher and Stein. John will be missed by many when they again visit Denver.

On the evening of the 19th the Knights of Labor of Denver will give a grand ball in honor of the General Assembly at the Coliseum. The headquarters will be at the Albany hotel.

The Denver Knights will endeavor to entertain the visitors during their stay in Denver in a manner befitting western Knights.

If the same power were given to the spread of new ideas that is used to defend old ones, reform would “girdle ths earth in forty minutes."

The sycophant sufficiently announces himself as a flatterer; but the flattery against which we should be on our guard, is that which does not so readily

discover itself as such.-Plutarch.

The earth flourishes, or is over-run with noxious weeds and brambles, as we apply or withhold the cultivating hand. So fares it with the intellectual system of man. If you are a parent, then, consider that the good or ill dispositions and principles you please to cultivate in the minds of your infants may hereafter preserve a nation of prosperity, or hang its fate on the point of the sword.--Horace Mann.

The most perilous hour in a person's life is when he is tempted to despond. The man who loses his courage loses all; there is no more hope of him than of a dead man; but it matters not how The General Assembly of the Knights poor be may be, how much pushed by of Labor will convene at Denver, Colo., circumstances, how much deserted by November 17th. The opening exer- friends, how much lost to the world, if cises will be public on the morning of he only has courage, holds up his head, the 11th, and held in the Metropolitan works ou with his hands, and in his theatre on 15th street. The Governor unconquerable will determines to be of Colorado and the Mayor of Denver have been invited to deliver addresses. On the evening of the tensh. T. V. Powderly, Grand Master Workman, unmakes.—Ex. ond A. W. Wright, member of the General Executive Board of the Order, will deliver lectures on lobor questions at Coliseum Hall.

and do what becomes a man, all will be well. It is nothing outside of him that kills, but what is within, that makes or

It is a man of voluntary or compelled leisure who mopes and pines, and thinks himself into the mad house or