trade restraint. He urged them to study the situation and be ready with their plans which will in the least measure disturb business conditions and which will at the same time accomplish needed change. This is surely sound doctrine and I am constrained to urge upon business men of Ohio the same plan with reference to our state legislation. We are vitally interested in these state matters as they are entering into the cost of doing business in Ohio. If we are going to maintain a position of equality with other industrial states must not be legislated into a position of disadvantage by our own people.

we

"Herein lies an opportunity for the exercise of the best thought of our business people, their patriotism and loyalty to a free government."

Too Busy To Read

He is a familiar type-the fussy, fretful man who imagines that he is about the busiest fellow in town. He often dumps in the waste basket unwrapped copies of business or technical magazines that contain valuable articles bearing directly on his problems. He fondly believes that he is too busy practicing to bother with what others are "preaching".

The trouble with this type of man is that he has not learned that the real executive is the man who so plans his work as to leave a reasonable amount of time for reading and planning.

There are shoals and breakers ahead when the accumulation of new ideas ceases. The man who declares he has no time to read is unconsciously advertising his small caliber, his slavery to detail, his arrested development. Printers' Ink.

Citizens Take Part

Business men in the vicinity of Calumet, Mich., where the big strike of the copper miners is in progress, are reported to have organized under the name of the Citizens' Alliance, and to have announced that in their opinion "the presence of the Western Fed

eration of Miners is a menace to the future welfare and prosperity of this district, and that therefore in the interest of law, order and peace, the Western Federation of Miners must go; that it is the duty of the Alliance to assist to bring about an end to the present strike, and to assist, as far as it lies within its power, every workman who returns to work to regain what he has lost during the strike, and to help relieve the distress which will follow these months of idleness."

Old Servant Honored

As a last tribute to a faithful servant five members of the United Justice White, crowded into the humStates Supreme Court, including Chief ble home of Archie Lewis, the court's negro messenger, and were present during the funeral services over the aged man. Lewis, who had been an employe of the Court for almost 64 years, had always been true to his duty, and all of the justices. were fond of him. The funeral was held from his small home on M street, near New Jersey avenue. "He was Willis Van Devanter. a man of great character," said Justice "He had a wonderful disposition, and endeared himself to my associates and myself. He worked up to a few days ago, and died rather suddenly Wednesday."

Hearings Begun

The committee on merchant marine of the federal House of Representatives has begun its hearings respecting the La Follette seamen's bill, which passed the Senate recently. The "ship trust", the A. F. of L. claims, "is marshaling its forces for the purpose of defeating the bill if there is a possible chance. A bill similar in character passed, the House in the Sixty-second Congress by a strong majority.

The Illinois child-labor law, forbidding the employment of children. under sixteen in hazardous occupations, has been held constitutional by the Supreme Court of the United States.

A New York milliner was found in her shop seriously stabbed. It looks a little as if some masculine worm had turned. Cleveland Plain Dealer.

Gladys. "The manager at the Frivolity selected twenty girls in twenty minutes."

Totty.-"My! Isn't he quick at figures!"-The Music Trades.

"What can you do?" asked the butcher of the applicant for a job.

"Most anything around a shop.' "Well, I'll start you at $6 a week. Can you dress a chicken?"

"Not on $6 a week."-Kansas City Star.

Bill (on the third story, to Tom, on the fifth). "I say, Tom, whenever convenient would you mind dropping a hammer or a brick or anything on me head? Oi just been takin' out some accident insurance!" - Buffalo Courier.

A boy came home from school sobbing with all his might because his teacher had whipped him. His father inquired the trouble. "You know when I asked you last night," said the boy, "what a million dollars was and you said it was a hell of a lot of money? Well, that ain't the right answer."-1ppeal to Reason.

At one time Henry George, during a trip abroad, held a meeting at Forfar. After he had made his oration he invited questions, and an old farmer, rising, said: "Ye'll have land o' yer ain, Maister George?"

"No, indeed," was the reply. "I am not a landlord."

"Ye'll be a tenant o' land, Maister George?"

"Not I. I am no man's tenant." "Ye'll be an agent for land, Maister George-ye'll manage it for some one else?"

"Not at all. I am not an agent. I have nothing to do with land."

"I thocht so," said the questioner, as he resumed his seat.-The Argo

naut.

A Chicago man was invited by a New York friend to call on him whenever he happened to be in that city.

"Don't think of going to a hotel," he said, "but come to my house any time, day or night, and you will al ways be welcome."

Just for fun, the next time the Chicago man was in New York he waited until about half-past two in the morning and then went to his friend's house.

"Does Mr. Brown live here?" he asked the sleepy maid who came to the door.

"Yes," she yawned, “carry him in." -Illinois Central Magazine.

Mr. Smith is a respectable gentleman, who, though he has been married several years, has not yet lost admiration for a pretty girl. Having had occasion to remove from his abode, he was recently looking for a suitable house, and discovered one to let in a quiet street. Upon ringing a bell, a very piquant and lovely Irish girl came to the door, looking quite charming in her black dress and mop cap. "Is this house to let?" inquired Mr. Smith.

"Yes," she answered.

"Are you to be let with it?" he asked, with a bland smile.

"No, sir," said the maid, very demurely, "I am to be let alone."-Pottery, Glass and Fancy Goods.

A suffrage meeting was drawing to a close. The speeches had all been made and the meeting was thrown open to questions by the audience.

Said the presiding officer: "Now. is there any woman here who would like to ask a question? Don't hesitate to ask any question you'd like to; any question at all about any phase of the woman problem."

For a few moments there was si lence. .Then a woman arose and asked: "May I ask any question at all?"

"Certainly," said the speaker per suasively. "What question would you like to ask?"

"Well," said the woman, “I'd like to know how you got that smooth effect over your hips."-Washington Star.

ACT SUSTAINED Washington Compensation and Industrial Insurance Act Held Constitutional

In a suit against the Mountain Timber Company to compel payment of premiums due under the state industrial insurance act, the Supreme Court of Washington a few weeks ago sustained the validity of its provisions. The court said:

"It is insisted that it is unconstitutional in that (1) it is in violation of Art. 4, Sec. 4, of the constitution of the United States, which guarantees to every state a republican form of government; (2) of the fourth amendment of the constitution, which secures all of the people against unreasonable searches and seizures of their person and effects; (3) of the fifth and seventh amendments, in that the act deprives plaintiff of its property without due process of law, and for a public use without just compensation, and deprives it of the right of trial by jury; (4) of the fourteenth amendment, in that it grants privileges and immunities and deprives plaintiff of its property without due process of law and of equal protection of the laws. For the like reason, that it violates Art. 1, Secs. 3, 4, 7, 16 and 21, of the constitution of the state of Washington.

"The court, as at present constituted, is not disposed to recede from or qualify its opinion as expressed in the case of State ex. rel. Davis-Smith Co. vs. Clausen, 65 Wash. 156, 117 Pac. 1101, 37 L. R. A. (N. S.) 466. The right of trial by jury under the seventh amendment to the constitution of the United States, the question of a

delegation of judicial powers to the industrial insurance commission, and the contention that the law violates the Federal guarantee of the republican form of government, are possibly not covered by the argument of the court in State ex rel. Davis-Smith Co. vs. Clausen supra.

"When we say that we sustain a law by reference to the police power that might otherwise be in conflict. with some provision of the constitution, it would seem that every incident to that law, as well as all methods necessary to make it effective, are likewise exempted from the proscriptions and limitations of the constitution. The legislature has adopted the idea of industrial insurance, and seen fit to make that idea a workable one by putting its execution, as well as its administrative features, in the hands of a commission. It has abolished rights of actions and defenses and in certain cases denied the right of trial by jury. The legislature has said to the man whose business is a dangerous one and the operation of which may bring injury to an employe, that he cannot do business without waiving certain rights and privileges heretofore enjoyed, and it has said to the employe that, inasmuch as he may become dependent upon the state, that he must give up his personal right of contract. when about to engage in a hazardous occupation and contract with reference to the law. These demands are the fundamentals of our industrial law. If the law is not administered as therein provided, it is not likely that a compulsory law such as it could ever be adequately administered; for, aside from its humane purpose, it was adopted in order that the delay and frequent

injustice incident to civil trials might be avoided.

""The remedy of the workman has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable.' Laws 1911, page 345. To uphold the law in the sense of sustaining the idea of industrial insurance, and to deny the right of executing it without the intervention of the courts, would throw us back on the original ground and we should then, if consistent, hold the idea of industrial insurance to be beyond the limit of the police power.

"Police power has been defined as often as changed conditions have required or compelled its extension, although discriminating lawyers and able judges have recognized that there can be no fixed definition. In other words, courts have made a definition to fit the state of facts before them, always admitting that a different state of facts might call for another definition." The court then cites a large number of authorities showing how the principle has been defined and applied from Sir William Blackstone's time to the present, and adds: will be seen that what was originally a rule of inclusion and of exclusion and incapable of exact definition, has developed into a rule of most frequent inclusion. For the peace of the community and the suppression of nuisances, we have undertaken to regulate things hitherto considered private.

"It

"To illustrate: We have held that the legislature may enact laws for the promotion of health; provide for the marketing of food products; prevent fraud in the disposition and sale of goods; prevent the doing of certain work and the pursuit of certain occupations upon the Sabbath day; regulate certain trades, businesses and professions; limit the hours of labor upon public works, and fix hours of labor for women; enact drainage laws and fill low lands where drainage is impractical. These are a part only of the subjects touching private affairs treated under the police power and sustained as needful and proper regulations. Moreover, it has been held

that there may be a legal liability without fault and that crimes may be com mitted without intent.

"Having in mind the sovereignty of the state, it would be folly to define the term. To define is to limit that which from the nature of things cannot be limited, but which is rather to be adjusted to conditions touching the common welfare, when covered by legislative enactments. The police pow er is to the public what the law of necessity is to the individual. It is comprehended in the maxim salus populi suprema lex. It is not a rule, it is an evolution The Spreme Court of the United States on rehearing in Noble State Bank vs. Haskell, 219 U. S. 575, 580, says of its discussion in the prin cipal case: 'The analysis of the police power, whether correct or not, was intended to indicate an interpretation of what has taken place in the past not to give a new or wider scope to the power.' It is claimed that this is a qualification of Justice Holmes definition. We think not. The pow er has always been as broad as the public welfare and as strong as the arm of the state. We understand the court to mean that conditions have not heretofore called for its final expression. The scope of the police power is to be measured by the legislative will of the people upon questions of public concern, not in acts passed in response to sporadic impulses or exuberant displays of emotion, but in those enacted in affirmance of estab lished usage or of such standards of morality and expediency as have gradual processes and accepted reason become so fixed as to fairly indicate the better will of the people in their social, industrial and political development. "If. then, the executive and judicial departments unite to uphold the will of the legislative department, it may fairly be said that all reasonable men can agree that the act is essential for the preservation of the public welfare and that the constitution does not ap ply. Whether our present tendency is for the common good, has excited and will continue to excite controversy. That it has so far been sustained by a

dispassionate preponderant public opinion is not to be denied. Hence, to hold the idea of industrial insurance to be constitutional (an idea never offends against a constitution that guarantees free speech and free press) and to hold its incidents and machinery when molded into law to be inoperative because of some constitutional limitation, would lead to absurd results.

"Large discretion is necessarily vested in the legislature when exercising that (police) power, and that the legislature may determine not only what the public interest demands, but also what measures are requisite and necessary to secure and protect the same." State vs. Somerville, 67 Wash. 638. "In the same case, the writer of this opinion concurred specially, saying in part: 'Until the Supreme Court of the United States decides otherwise, I am willing to hold-for I believe it is the only consistent thing for the court to do that in all cases pertaining to the police power, the legislature is supreme unless the general application of the law does violence to the common knowledge of men, in which event a court might properly intervene.' See also State vs. Considine, 16 Wash. 358, 47 Pac.

"Our argument upholding the right of the legislature to provide for the execution and administration of the law without resort to the courts is sustained in principle by our decision in the case of Davison vs. Walla Walla, 52 Wash. 453, 100 Pac. 981, 132 Am. St. 983, 21 L. R. A. (N. S.) 454, where we held, citing apt authority, that a city might exercise its police power without resort to judicial proceedings.

"In so far as the right to a trial by jury under the federal constitution is concerned, this court has decided that the guarantee of the federal constitution of the right of trial by jury has no application in the state courts or to prosecutions for the violation of state laws. State vs. McDowell, 61 Wash. 398, 12 Pac. 521, Am. Cas. 1912 C. 782, 32 L. R. A. (N. S.) 414. "The contention that the industrial insurance law is in violation of the

guarantee of a republican form of goyernment needs no discussion. It is disposed of by reference to the late cases. Pacific States Telephone & Telegraph Co. vs. Oregon, 223 U. S. 118; Kiernan vs. Portland, 223 U. S.

151.

"We recognize that this case is appealed to this court in order to bring it to the future attention of the Supreme Court of the United States. A more extended argument would serve no real purpose. The following cases should be read in connection with our present discussion: Cunningham vs. Northwestern Imp. Co., 44 Mont. 180, 119 Pac. 554; State ex rel. Yaple vs. Creamer, 85 Ohio St. 349, 97 N. E. 602; Borgnis vs. Falk Co., 147 Wis. 327, 133 N. W. 209; Mondou vs. New York, N. H. & H. R. Co., 223 U. S. 1; Chicago vs. Sturges, 222 U. S. 313; Barron vs. Baltimore, 7 Peters 243; Smith vs. Maryland, 18 How. 71; Flint vs. Stone Tracy Co., 220 U. S. 107; Spies vs. Illinois, 123 U. S. 131; Thorington vs. Montgomery, 147 U. S. 490; Fallbrook Irrigation Co. vs. Bradley, 164 U. S. 112.

The judgment of the lower court is affirmed. All concur.

EMPLOYER'S LIABILITY

Not Compelled to Keep Place Safe Under Certain Conditions

In the case of Miller vs. Berkeley Limestone Co., the Court of Appeals of West Virginia held as follows: John Miller was employed as a driller in the quarry of the defendant company and was fatally injured by the falling upon him of rock while he was engaged in the performance of his duties, and Annie C. Miller sued as administratrix to recover damages. At the time that he received the injury Miller was working on a ledge under a sloping bank of clay and stone from which the rock that caused his death fell. It was in evidence that Miller had told his foreman, Milbourn, that the stone appeared dangerous and that Milbourn had assured him that it was all right and declared that if he did not set his drill there he (Milbourn)