headquarters, was one of the points visited, and I will give notice right here and now, that until the headquarters are moved to that city, it will be useless for any Grand Division to elect me to the office of Grand Chief Conductor, as I would be forced to decline, and I will state my reasons, i. e.:

First, I would never be able to fill the place in their hearts, now held by our good Brother Clark, who is idolized by the members of the Order generally, but particularly so by our Brothers in and around Cedar Rapids. This in itself would be sufficient reason for my declination, but I have a further and to me, a weightier reason, which is, that after visiting the capital city, seeing its beauty, breathing the air which is full of inspiration, keeping in mind its advantages, dwelling on its future possibilities, I never could, in fact I know I never would be able to do the office full justice, or the Order the greatest good, unless permitted to occupy this coign of vantage. I will also take occasion to say in view of the cordial reception given me by all the members of the Order in that territory, but particularly from the B. W. & P. boys, that I feel that they would consider me lacking in appreciation and guilty of high treason if I expressed any other but these sentiments. Logansport, Ind.

Editor Railway Conductor:

L. M. DOOLEY.

It has been some time since you have heard from Division 170. Well, she still lives, and new applications at every meeting for the last two months, so that you can see there are some hustlers with us. Brother Editor, I wish you or some good Brother would suggest some means whereby we could draw the Brothers out on Sundays, for it seems to show such lack of interest to go in to the Division room and see the same faces Sunday after Sunday-and very few at that. I know there are some Brothers, who, if asked to give their reasons for non-attendance their answer would be, "I never thought it was meeting day." If something new occurred where they would need the assistance of the Division, they would not forget when to go or when the meeting day was. Now, I hope the Brothers who read this will try and remember that their interests are in the meeting room of their Divisions. If the "stayaways" only knew what they missed at the last meeting of Division 170, they would be kicking themselves all over. Grand Junior Conductor, Brother Sheppard, gave an interesting talk of about three-quarters of an hour, giving us a general review of the Order, which was one of the most interesting talks we have heard for some time. I was very sorry that the room was not crowded, for I know it would have been gratifying to Brother Sheppard, as he is a great advocate of good attend

ance.

Now, Brothers, we have other Brothers in Division 170, who are great orators. There is our Past Chief Conductor, Brother J. G. Clark, whose opinion is always asked on all important questions, and we have many; and on law and order. There is Brother Slocum on political economy,

and what we ought to do as American citizens; and present C. C. Brothers Clapp and Alexander. And last, but not least, Brother Mason, who will tell you how to use your spare time in farming; and if that don't suit he will give you a lesson on how to raise chickens and get forty cents a dozen for eggs.

Now, Brothers, we, as members of this noble Order, should feel proud of the honor that has been conferred on our Grand Chief Conductor by President Roosevelt. It has brought our Order before the people and our employers more prominently, and shows that we are governed by men of fairness of mind and conservative ideas; and that questions, no matter of how great importance, can be left to their judgment for final adjustment.

In conclusion, let me say that I hope the Brothers will take more interest in the meetings of their Divisions, and conductors that are not of us will, after reading these remarks, grasp the opportunity while they have the chance and be one of us, for we want you and you want us. Camden, N. J.

Editor Railway Conductor:

J. A. C.

The trip-hammer blows that are being dealt at popular representation by some of our members is something astonishing—indeed, they are second to nothing, except, perhaps, the Sermon on the Mount, and I always accept that for Gatling gun blows.

Why do we wish to thin out and narrow down to a threadbare line the number of delegates to our Grand Division? Let us pause and reflect for a moment. When you passed within the portals of your home Division for the first time in your life, did not something like this ring in your ear-"Am I not my Brothers' keeper?" And again, do we not essay to take care and help up the weaker one? That grand body is not legislating for an established government, a government de facto or a government de jour, but is legislating for, I must say, a nicely regulated and well established fraternal organization. Every member ought to know by this time what fraternal organization means. This whole discussion is, in a measure, aimed at popular representation and therefore may require a strong and close analysis. Magna Charta, the great charter granted by King John June 15, 1215, has since that time been viewed as the basis of the English constitution. The oppressions of a tyrannical sovereign compelled a confederacy of the barons or tenants-in-chief of the crown, who took up arms for the redress of their griev ances. A conference was held at Runnymede, on the Thames, near Egham, where king and barons encamped opposite each other, and, after several days' debate, John signed and sealed the charter with great solemnity. It redressed a variety of grievances. The liberties of the city of London and other towns, burgs and ports were declared inviolable. Freedom of commerce was granted to foreign merchants. Justice was no longer to be sold, denied or delayed. Life, liberty and property were protected from arbitrary spoilation, and none were to be con

demned to forfeit these but by lawful judgment of his peers or by the law of the land. No one was to be condemned on rumors or suspicions, but only on evidence of witnesses. These are the most important features of that charter, which occupies so conspicuous a place in history, and which establishes the supremacy of the will of the people over the will of the monarch. Englishmen had fought for centuries this momentuous question. They had enacted in parliament the declaration of rights and so far annihilated the Federal system as to leave nothing but its fictions. They had passed the statute of habeas corpus. They had increased the powers of the Commons, until that house became the immediate agent of the people in the administration of the state. More than all, they had so dilated their capacity for self government through their love of freedom that it was as certain then as it is today, that the mountains would be removed into the sea before the stock of that people could ever be forced back into the dungeons of absolute power. During the long struggle between the sovereigns and their parliaments some of the best men in England had been brought to the block, and some of the worst men in England as well. Charles the First, for tampering with the will of the people, lost his head. He preferred to have popular representation done away with entirely; he had no sympathy whatever with boisterous democracy. For eleven years he had no parliament at all. In its stead he had what is famous in English history as a Court of Star Chamber and High Commission, a tribunal made up of subservient judges selected with the sole purpose in view of carrying out the king's plans, whatever they might be. James the Second, for tampering with the will of the people, not only in religious matters, but in matters of state as well, lost three kingdoms, and had he not taken refuge at St. Germains in France, under the immediate protection of Louis the Fourteenth, would undoubtedly have lost his head.

Now, as to the question of twenty-five or thirty delegates doing all the work in the Grand Division, I find by actual count (I have read the proceedings of every Grand Division for the past 21 years) that one hundred and eighty-one delegates addressed the chair at the last Grand Division held in St. Paul, and they range as follows:

99 addressed the chair 1 to 4 times inclusive.

men. Every Division on this continent, from the Atlantic to the Pacific and from the sunlit Savannahs of the south to the solitudes that mantle the ice-bound north, should have their delegate on the floor of the Grand Division. Hinton, W. Va. F. M. GALLagher.

Editor Railway Conductor:

We, as laboring people, have now reached the turning of the tide which leads on to continual success. We have been recognized by every class as necessary to the prosperity of the country. It is well that the labor organizations have all stuck together for the fight of the anthracite workers of Pennsylvania was the cause of labor throughout the United States. Let us use good judgment and discretion so that we will hold the good will of the public and of those in high authority. If we do this we need have no fear for the future. Laboring men today of every class have the name of that matchless leader, John Mitchell, in their mouths and are giving him credit for making the greatest fight of the working men of this country. We as conductors are justly proud of the honor of having our beloved Grand Chief Conductor chosen a member of the board of arbitration, and we know that his knowledge of the differences that have accrued between labor and capital in the past eminently fits him for the particular duties for which he has been selected.

Our Division is unanimously in favor of moving the Grand Officers' headquarters to Washington, D. C., not from any selfish motive, such as their being nearer to us, but because if our Grand Officers are at the seat of government they can be in closer touch with those who frame the different laws, and our influence will naturally be much greater. I like the style of Brother W. J. Coyne of Boston, and I believe that we should have the names of legislators, both of state and national bodies, who are for and against labor organizations.

We are pleased to hear that our Brother Wm. Crowley, who has been confined to the house for nearly two years, is able to get out, and we hope to see him in our hall very soon.

Brothers Sleagle and Propps are taking a well earned vacation. Our Brothers who can get off expect to have a grand time with Division 204 on November 21, when they have their annual reception and ball. Baltimore Division is in a good, healthy condition, not having lost a mem ber during the year, neither have we had a case for our local committee. We always have the glad hand for any good Brother traveling our way. J. E. G.

Baltimore, Md.

Editor Railway Conductor:

I am reliably informed that the U. B. R. E. is organizing on the S. P. R. R. between San Francisco, Cal., and Ogden, Utah. The employe who joins that organization to better his condition must be "locoed," as the Mexican calls that kind of a man. The conductors, in 32 years, built themselves up from 50 to 150 dollar men

by their organization, known all over the continent as the Order of Railway Conductors. The brakemen, in 20 years of life, built themselves up from 45 to 90 dollar men through their organization, known as the Brotherhood of Railway Trainmen. The engineers' organization, during its life of 40 years, built themselves up from 90 to 180 dollar men through their organization, known as the Brotherhood of Locomotive Engineers, on the American continent. The firemen, during 34 years of life, built themselves up from 60 to 100 dollar men through their organization, known as the Brotherhood of Locomotive Firemen, on the American continent. The telegraph operators, during 18 years of life, built themselves up from 40 to 75 dollar men through their organization, known as the Order of Railway Telegraphers, on the American continent. Now I hope all railway employes will put on their thinking caps and go to thinking-judge the future by the past is all that mortal man can do-let his feet be guided by the lamp of experience, and as the immortal Patrick Henry said, "Looking backward, what do we see" of the work done for the railway employe by those guerilla organizations-the U. B. R. E., A. R. U., K. of L.? Nothing but wrecks of ruined homes, broken hearts, on every railroad where they were organized. Then look at the work of the five brotherhood organizationshigher wages, pleasant homes, happy families. '. So I believe our record is the very best on earth. The selection of our Grand Chief Conductor as one of the arbitrators in the coal strike bears eloquent testimony of what I have said.

The Kansas law, giving the trainmen, consisting of the conductor, engineer, fireman and brakeman, the right to cast their ballots at any station at which they chance to be, seems in every way to be a good and sensible law, as the constitution guarantees to every man the right to cast one ballot, the law simply recognizes this right and does not interpose the technical objection that the man is not bodily in the customary place where his ballot should be cast.

Well, I hope all Divisions will elect legislative committees to the several state legislatures. Before the 57th congress are now pending the Contempt Bill, the Emigration Bill and the Railway Safety Appliance Bill, all of which I think should be passed without unnecessary delay. JOHN DWYER.

Washington, D. C.

Editor Railway Conductor:

Many moons have sunk behind the Indian heaven since I wrote last. I still have my wampum and dance ghost dances around the wigwam occasionally-my tomahawk, war club and scalping knife in my belt. The spotters have been spotted and settled.

I made a trip through the great northwest last July and had the pleasure of greeting the G. C. C. in his office and was shown through the different departments of the large building by one of the chief clerks. I am pleased to state that the different departments are separated by partitions, all easily accessible to each other, so

that the business can be transacted with neatness and dispatch. I was glad to meet Brother Clark and his able assistants in their offices and exchanged kind expressions and wishes. I am not as fully posted as some, but I certainly am opposed to our Grand Offices being moved to Washington, D. C., for various reasons. The head of any executive office should, in my opinion, be centrally located for reasons, like a wagon hub-the spokes running in all directions from the center. It will save time, trouble and expense by being so located. Our executive officers will not have so far to go to get to different parts of the continent when called to adjust trouble. Besides, it would cost so much to move; valuable books of records and documents might be lost, damaged or stolen in wrecks or fires.

If we move anywhere, make it St. Louis, and then suggest to the national officials to move the White House to St. Louis, and smoke the pipe of peace. St. Louis has many of the largest enterprises in the world, such as tobacco factories, breweries, shoe manufactories, etc. It will have the grandest world's fair in 1904 the world ever dreamed of, and the permanent buildings left on the world's fair site will be grand sublime monuments to the architectural skill of man, and it would be nice to locate the Grand Offices in one and the national officers and White House in some of the others.

I am under the impression that if our Grand Officers would have some of our hundreds of thousands of dollars invested in a building of their own in St. Louis for their Grand Offices it would be a good investment, as they could have a large, extensive building and rent out part of it, which would more than maintain the expense of the building in the way of taxes, water and light, insurance and repairs. Buildings rent readily in St. Louis at good prices.

I am in receipt of a letter from Secretary of Division 251, Pine Bluff, in which he states election of officers will take place Sunday, the 9th. I am invited to be present.

Brother Birdsang, chairman of grievance committee of Jonesboro Division 332, is appointed G. Y. M. at Pine Bluff, Mr. Hudgins transferred to Texas division. Brother Birdsang was passenger conductor out of Jonesboro. I am glad the miners in Pennsylyania are having their troubles settled by arbitration as it, I think, will set a precedent. Mr. Mitchell, their chief, has made a great record and won the hearts of the toiling masses. His name is worthy to be in the Hall of Fame, New York. By the way, Senator Hanna is, or has been, posing as a friend to labor, and I hope and believe him sincere, or of course he would be a "hypocrite," like the Czar of Russia, who pretends he desires universal peace, but while the conference was taking place at the Hague he was preparing to spend millions on his army and navy. He could not fool old merry England.

The prosperity seems to have raised the price of the necessities of life, while wages remained the same. Trusts have done their awful work

throughout the country and caused the biggest strikes of modern times, "yea, verily." I am opposed to such men as Carnegie and others making many millions of money out of poor laboring men and then go over the world dis. tributing their wealth promiscuously, while the poor man who created his or their wealth are suffering with their families in their humble cabins, many of them sick and needy. Besides making their millions they cause strikes and have innocent men, and even women and children, shot down, like the men and women shot down in St. Louis in 1886, all of whom were innocent, during the great Missouri Pacific strike. I was a member of the K. of L. at Big Springs, Texas, at the time, where I was conductor over the great staked plains. I fear capital is like the lion and lamb. The Bible says the lion and lamb will lie nown together, but I fear if they do the lamb will be inside the lion.

We judge the future from the past. Two per cent of the population of Greece owned the country and she went down-the same in Rome, and the people were starved to death, and she went down; and Egypt also went down in one of the darkest nights from the same cause. America is fast following their example, and unless checked she will go down also, but it is to be hoped that great and good men will save our glorious nation. Then capital will lie down with labor. "The eternal now" is the time. Capital seldom speaks kind words to labor; but they should, for "Kind words can never die," and I hope the day is not far distant when one man power will have to "go way back and sit down."

In conclusion, will state briefly in regard to some of my former Brother conductors of the Cotton Belt. Lew Forrest and Joe Stover are conductor and G. Y. M. at New Orleans. "Billy" Defrance and R. B. Jones are officials of some

I enclose herewith an old train order. Nearly fifty-one years ago it was given to a New York & Erie Railroad conductor at Hornellsville, New York, signed by the superintendent, per operator. In comparison to the Standard Code of Train Rules it certainly is quite "primitive" and may interest some of the "old Erie" men who chance to see it as well as others. The conductor, "Jack Kingsley," as he was called by his fellows, became a member of the Order thirty years after the date of this train order, and in his railway service saw what we may style the evolution of the train order. He was running as conductor upon the Susquehanna division, Elmira to Hornellsville at the date given on the order. C. W. EVERts. Hornellsville, Dec. 12, 1851. By telegraph from Elmira to

Salamanca, N. Y.

J. Kingsley, Hornellsville. You will have engine turned as soon as possible after your arrival at Hornellsville and follow way freight to Elmira. If there are any cars to come take them. Show this to conductor of regular way freight train as an order for him to carry a flag for you. W. W. MORRIS, Per Coffin.

Joint Action Against Company and Conductor.

A joint action was commenced against the Southern Railway Company and Marion Rich, one of its conductors, for negligence consisting of the violation of the company's rules by the conductor, resulting in the injury of a mail clerk riding on the train, in the state court of South Carolina. Through the seeking of the railway company, the case was removed to a federal court where it was brought up on a motion to remand to the state court. United States Circuit Judge Simonton, in granting the order to remand, said:

"The complaint is against the Southern Railway Company and Marion Rich, one of its conductors. Plaintiff, a mail clerk on the train of the Southern Railway Company, managed by Rich, the conductor, was injured in a collision, and he brings this action against both of the defendants, charging that he was injured in the collision which was due to 'the joint and concurrent fault of the codefendants.' He sets out in his complaint that the immediate cause of the collision was the failure of Rich, the conductor, to observe certain rules and regulations of the company, and that this failure was due to the 'joint and concurrent negligence, carelessness, and fault of the said defendants.' In all the paragraphs of his complaint he charges this joint and concurrent negligence, etc., as the cause of action. On this he must stand or fall. He may fail in his proof. His claim may not be sustained. But the cause of action relied on is joint; and the controversy set up is joint, not separable.

"There is another point of view. The

complaint sets out the facts of the case, the injury of the plaintiff by reason of the nonobservance on the part of the conductor, the agent and representative of the railroad company, of the rules established for his guidance, and charges. that this negligence was the joint and concurrent negligence of the railway company and the conductor. Would it not be competent for the plaintiff to show that the conductor was a careless and unobservant person, within the knowledge of the company, and on such showing claim that the injury was the joint and concurrent action of the two defendants?

"Again, the complaint sets out that the plaintiff was injured by reason of the negligence of the railway company and of the conductor. Suppose that on the trial he proves that the conductor was negligent. The conductor is the representative of the corporation. His negligence is its negligence. If he is liable, the corporation by reason of his liability is also liable. It would be vain for the railway company to prove the utmost care on its part in giving proper instructions to the conductor. If he be negligent, the corporation, notwithstanding its instructions, is guilty, because he was negligent. 'I am answerable for the wrongs of my servant or agent, not because he is authorized by me or personally represents me, but because he is about my affairs, and I am bound to see that my affairs are conducted with due regard to the safety of others.' Pol. Torts (Am. Ed.) 89, 90. So, when the şervant of a railway company is guilty of negligence in the course of his employment, his negligence is the negligence of the railway company. It may