fore it is not liable for the injury resulting from his negligence.

If the fund distributed was such that its use constituted a charity, and the railroad company had no purpose to be served in connection with its own business by administering the fund, then it was only required in administering the trust to use ordinary care in the selection of Dr. Webb as the means by which to carry out the scheme inaugurated. (Union Pacific R. R. vs. Artist, 60 Fed. 365, 9 C. C. A. 14, 23 L. R. A. 581; Fire Insurance Patrol vs. Boyd, 120 Pa., 643, 15 Atl. 553, 1 L. R. A. 417, 6 Am. St. Rep. 745.) If, however, the railroad company originated the scheme with a view to promote its own business and undertook the duty of dispensing the fund to accomplish a purpose of its own, it would be liable for the negligence of Dr. Webb, because, under these circumstances, the hospital would be the business of the railroad company, and Dr. Webb would be its agent. The effect of the evidence is that the railroad company inaugurated the plan to accumulate a fund with which to care for such of its employes as might be injured or be sick during such employment, and that fact suggests that it may have had a purpose of its own, but there is nothing in the evidence to indicate what that purpose was, and liability cannot be based upon vague speculation. The fund did not become the property of the company, but it was held by it in trust for the contributing employes. There being no method of executing the trust specified, the company was charged with the duty of administering it in such a manner as would best accomplish the end for which it was. accumulated; that is, to provide for the care of the sick and injured employes who should come within the terms of the trust. From the standpoint of the contributing employes, the fund constituted a charity because it was raised by them to be expended for the benefit of persons entitled thereto, who would receive it without cost to them. It may then with propriety be said that the railroad company was charged with dispensing a

charity fund, and if it made the contract with Dr. Webb as a means of executing the trust reposed in itthat is, to give relief to the sick and injured employes coming within the class entitled to receive it without cost to them-it was engaged in dispensing a charity, and, under such circumstances, Dr. Webb would not be the agent of the company, nor would he be performing or transacting a business of the company. Therefore it would not be liable for his negligence in the discharge of his duty as surgeon.

Although the fund was accumulated in the treasury of the company for charitable purposes and the company was charged with the duty of dispensing it for such purpose, yet, if in fact the contract with Dr. Webb was made by the company in order to promote its own interest by the administration of the trust fund and it had that effect, he was the agent of the company, and it should be held liaable for his engligence, if any. Upon the face of the contract, it appears to provide the most practical method by which the trust fund could be applied to the purposes for which it was accumulated. The contract was made with a physician who was required to do those things which the sick and injured would need to have done for them, and the entire fund received by the railroad company was devoted to execution of the contract and the accomplishing of the purpose to which it was intended to be devoted. The contract did not require Dr. Webb to do anything for the railroad company in connection with the discharge of his duties, nor, indeed, does it appear from the terms of that instrument or the attending circumstances that by the performance of it the business of the railroad company was in any manner affected, or that Dr. Webb, in the discharge of his duties, was in any manner serving the railroad. In order to hold the railway company liable under such circumstances, it must be shown in some way, or it must appear from the facts and circumstances, that in truth and in fact the railroad company used the trust funds by means of the contract to its own ad

vantage. We find nothing in the facts found by the court of civil appeals which would indicate that any business of the company could be promoted, hindered, or delayed either by having the hospital or by its non-existence. It is true that the company reserved the right to terminate the contract, but that was eminently proper, so that, in case Dr. Webb failed to carry out the good purpose of the parties, another arrangement could be made. All that has been done by the company is consistent with a desire to faithfully carry out the purpose of its employes in creating the fund. We cannot attribute to the company motives not indicated by its acts, nor proved by the evidence.

The honorable court of civil appeals erred in reversing the judgment of the district court. It is ordered that the judgment of the court of civil appeals be reversed, and that the judgment of the district court be affirmed. Texas Central Railroad Co. vs. Zumwalt, Supreme Court of Texas, 132 Southwestern Reporter, page 113.

IS INDIGNANT

Haywood Doesn't Like His Picture Showing

Stars and Stripes

Wm. D. Haywood, of the I. W. W., is indignant, so says The Industrial Worker, of Spokane, Wash., because The Boston Journal printed his picture showing showing the American flag fastened to his coat lapel. Evidently Haywood does not think that the Stars and Stripes are for him. The picture, The Industrial Worker says, is a "fake", and adds: "Bill says he did not wear an American flag at this juncture when it is being used to promote the dirty work of the local mill corporations. (This quotation is from a dispatch to The Industrial Worker from Lawrence, Mass., dated Oct. 6.) He declares that his hide would rot on the end of a bayonet first before he would prove himself untrue to the spirit of the I. W. W. The fake picture is denounced as an attempt to show cowardice on the part of the Industrial Workers, who are not a bit

scared by the recent wave of patriotism, manufactured in this city in order to defeat them."

Further on, in the same article, but for some reason under an additional Lawrence, Mass., Oct. 6, 1912, head, appears the startling information that a New York detective is seeking Haywood's blood. The article says in apparent seriousness that "the I. W. W. men here are guarding W. D. Haywood against all possible. harm. Word has been received that a detective has left New York City for the purpose of assassinating him. A man answering the description has been seen here twice." This article is signed by Justus Ebert, Central building, Lawrence, Mass.

George E. Roewer, Jr., and Fred H. Moore, lawyers for the I. W. W., delivered a letter to Governor Foss, sending copies to the Boston daily papers, telling him that they were informed that violence would be offered to I. W. W. members and sympathizers at Lawrence, and informing the governor that failure on his part to act forthwith to protect life and property would be regarded as malfeasance. in office.

"I had no information from the authorities in Lawrence," said Governor Foss, "that there was anything criticial in the situation in that city or that any one was in danger of suffering bodily harm, so I did not reply to the letter. I did not think it had any significance and it was a matter that concerned the police officials of that city rather than myself.

"Lawrence is different from most of the textile centers. Very few of the stockholders in the mills there are residents of the city, and nearly all the help comes from foreign countries, few speaking the English language. In other centers, like New Bedford and Fall River, the workers are English, for the most part, and many are good citizens.

"They recognize that law and order must prevail, while the Italians, Poles and other nationalities represented in the Lawrence mill help do not understand that here in America the general public will not stand for their violence."

In classifying modern reformers, we distinctly notice two classes, i. e., constructive and destructive; some who start out with the demand, “Down with everything that is up," and others with "Up with everything that is down."

We meet 57 varieties of Socialism, woman suffrage, initiative and referendum, recall of judges, government of the people, by the people and for the people, home rule for cities, tariff reform and others, are just a few of the suggestions of reform movements whereby their respective promoters think they can eliminate all—or at least a part of the evils of the day.

Others suggest more general education, higher wages, shorter working hours, more freedom and liberty, abolishment of so-called wage slavery-give men the full value of their production, abolish poverty-for they say poverty is the cause of all crimes, immorality and most misery.

We hear beautiful and high-sounding phraseologies and slogans, which are used to catch the ear and arouse the interest of the masses. Words like universal brotherhood, equality. fraternity, liberty, equal right and dignity of labor, are just a few samples.

As my leading illustration, I recall the story of a farmer who had an oldtime clock in his house. Ever since he was a boy he could remember the monotonous tick-tack of this clock. One day the clock stood still. He went to the city and called upon a watchmaker, inquiring as to whether he could fix the clock. The watchmaker stated he would come out to

the home of the farmer the next day and try to fix it. The farmer, pulling out a 4-foot pendulum from beneath his coat, placed it on the counter, requesting the watchmaker to fix the pendulum. The latter remonstrated, saying that he had to see the clock. The farmer insisted that the clock was all right, but that the pendulum stood still.

The mistake of the farmer is, in my opinion, the mistake of most reformers of the day. They see that something is wrong in this worldthat something is wrong in human society; they notice the pendulum stands still; they want to fix the clock by making the pendulum go from without and forget that the trouble is within the clock and not without.

One of the most dangerous physicians, in my opinion, is the doctor who makes the wrong diagnosis of a disease. How I would hate to fall into the hands of a surgeon who operates upon me for appendicitis while I have kidney trouble; and I can only feel sorry for those who fall into the hands of reformers who have made a wrong diagnosis of the social ailments and prescribe external remedies, while the real cure lies in internal treatment.

I believe that some well meaning reformers have not only not helped humanity, but have weakened it and condemned their followers to a life. the creed of which spells failure and despair.

Modern reformers who more or less depend upon, and therefore need the votes of the people, must, if they want to gain but temporary success,

cater for popularity. What a terrible price some men are willing to pay for their present popularity or notoriety!

I am still hunting the history of the past five thousand years, looking for the name of one man who worked out the problems of his time and who was indeed a true friend of the masses and who was popular with them at the same time. From this historic fact I might have the right to draw the conclusion that the man who is really popular with the great masses will, sooner or later, be found out to be a political four-flusher and a fakir. In every branch of human activity.

Wм. J. H. BOETCKER.

we want experts-men of experience, capability, integrity and efficiency—except, it seems, in political life. There appears to be an unlimited field, if not a demand for mental misfits, men who may not have the capacity of running a peanut stand, yet who find it easier to mind other people's business after they have made a hopeless mess of their own; men who know how to appeal to the passions and prejudices of the masses; dreamers and freaks who refuse to benefit by the experience of others and who insist upon the privilege of making the same mistakes over and over again.

A man cannot be a better servant of the people than by truly and wise

ly leading them; but how can a man lead the people wisely while serving them, i. e., in the sense of giving them anything they want? It is here, I believe, where we can find the reason for having so many grafters and imbeciles in politics, for I feel as though every drop of red blood in the veins of the capable, honest man-who knows his ability-would rebel against the idea of promising the people to give them anything they want, right or wrong.

I admit that a great many of our reformers are sincere and honest men, men who have the courage of conviction. This well-meaning and this courage of conviction make a man all the more dangerous if his principles are vicious or if his convictions are wrong.

Attorneys regret that the standard of their profession is lowered by many so-called shyster lawyers. Very stringent laws are passed to protect the people against medical quacks. The church's position is weakened by many theological scissor-grinders and hothouse plants who ridicule Christianity and the great cause of the church. So I believe that the word "reformation" is shamefully abused and there is no protection for the people against reform fakirs and freaks.

The trouble with most modern reformers is that they make the mistake of an architect who is always ready to make new plans without considering the material. We generally find the first two provisions in any specification to read: "That first-class material shall be used throughout and that first-class workmanship shall be employed."

So many a well-meaning reformer has built up a beautiful plan of a perfect human society, but has not taken into consideration that the success of the plan depends upon the material. Therefore, the reformer who really wants to create better conditions should first ascertain as to whether the plan is wrong or the material is inferior and then he might decide first to improve men.

We have learned to love some men and reformers on account of the enemies they have made; but we have equal reason to fear some men on ac

Will abolishment of poverty-higher wages-bring about better conditions and secure true prosperity? have seen too much genuine happiness. in the homes of the comparatively poor and too much misery in the homes of the rich, so that I refuse to believe that money will solve any problems fundamentally.

I

Will any of the varieties of Socialism bring us the millennium? say most emphatically, no; unless they try to fix the human clock from within and not paralyze the ambitions and faculties of their followers by putting all blame upon conditions without.

While I have nothing but admiration for a great many of the Socialists whom I have learned to be sincere and honest men, and who are willing to make any sacrifice for their cause, in which they believe; again I have found others who disguise themselves with a beautiful mask, behind which lurks a vulgar soul, and in back of the beautiful and fascinating aims of liberty, fraternity and equality we discover their true design; i. e., the illconcealed motive, "what thou hast I want to have, too," nothing but an open transgression of the commandment, "Thou shalt not covet thy neighbor's house, nor anything that is thy neighbor's."

Will shorter working hours and more leisure time create better conditions? Generally speaking, no! For it is not what the people do when they work, but it's what they do when they don't work that hurts them most and that causes most of human misery.

Will initiative and referendum and recall of judges solve any problems? No!

To be sure, I trust the people who know the truth, but I am afraid of the people who don't know the truth. and who sometimes don't want to know.

Let us take men as they are and

not as they should be, or as we would like them to be.

Pilate made a final effort to do what he thought was right. He used the referendum and asked the people, "Whom do you want, Christ or Barabbas?" and behold! the mob demanded. "Give us Barabbas, but crucify Christ!" Pilate submitted to the referendum and he committed the greatest crime of all ages.

In a great many reform movements I can see a trace of the policy employed by the average patent medicine manufacturer, who does not intend or really care to cure diseases, but rather to take pains away and create a demand for more medicine.

True genuine happiness consists of what a man is and not of what he has.

Man has no right to demand a first-class living from the world unless he gives a first-class life to the world.

Whether a man is a king or a bank president, manufacturer or common laborer makes not the least difference

if a man will put his whole self, his heart, his soul and his mind, into his work, knowing that his chief reward is not a question of dollars and cents, but the true happiness within which comes from the knowledge that his work has been well done.

Skin diseases can never be cured by salve or outward remedy. The cure lies in the purification of the blood, and the church alone has a message which will solve all problems and cure all ailments-that isthe purification of the human heart.

Fight Fails

The fight of labor against the introduction of Ginn & Co.'s books in the Cleveland, O., public schools seems to have fallen flat. Mrs. W. N. La Jeunesse, who has been leading the fight among the wives of labor union men, says that union men are allowing their children to buy the books, and Secretary Thomas, of the Cleveland Federation of Labor, admits that two-thirds of the first consignment of books have been disposed of.