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!iejtttMicm pine Job Work. DEVOTED TO THE INTERESTS OF ALL THE PEOPLE OF OHIO COUNTY Subscription $1 per Y4ar VOL. XXV11. HARTFORD, OHIO COUNTY, KY., FRIDAY, DECEMBER 18, 1914. No. 23T Maxifow ACT IS INVALID Court of Appeals Declares it Unconstitutional. Dissenting Opinions Filed Judges Miller. Hobson , and Lassing. By 1 .ink fort, K, Dec. 12. The wommen's compensation net was held unconstitutional by the Court of Appeals yesterday morning. Judge Miller wrote a dissenting opinion. In which Chief Justice Hobson and Judge Lassiug Joined. The majority opinion delivered by Special JihIkc Dorsey, held that, by restricting the employes' grounds for recovery and the employers defenses. If they do not Join tho fund, they are practically coerced into the contract, tltus violating section 54 of the Con stitution, but states tho belief that the Legislature can enact such a Jaw that will be valid. The majority opinion says In part: "The compensation of the Injured man in limited to the amount sped 11 ed In the schedule of the uct. This constitutes a limitation upon the amount of his recovery under section X1 of the Constitution!!. "Wo think It Is within the power und right of uu employe to waive this limit or recover for Injury, by con tract If such contract Is freely and voluntarily made. There may nev--r have been u word or a syllable be twem the employer and employo In f.'grd to a contract for employment of l..bor, yet tho act provides that .such contract shall he conclusively presumed to have been made between the i-mploycr and employe It the Vmp.oyo continues to work for tho "mp.ayer after tho employer has posfd notices In some conspicuous llncs about his place of business to tho i'fect that he has paid his prem ium into th efund and accepted the puvlslons of the act. "I , after this notice has been nurvtil, the employe should be Injur ed or killed whllo In the service of the employer, and he, or his personal rept csentatlve, sues his employer to recover damages, his right to recov er is barred by this act, If his Injury was caused by or contributed to by the negligence of any other employe of said employer, or if the injudy was duo to any of the ordinary haz- rds or risks of tho employment or If due to anv defects in the machln- U due to any acrccts in the machin-, ery if the defect was known o or cnt.ld have been discovered by the 2Lh-.i!SL.ther ...,, ......,, .. . ordinary care, nor lu any event ir the negligence of tho employe contribut ed to such injuries. Shown to Ho Compulsory ..... "When an In lured emu ove e ects f'fc... rf-,ii ,i. rnnn; ,.v ' hint by this board, why should ho)dent , dolng u,,a no was deprlv. . be denied these causes of action Why penalized In this way? "mo this thero is but one answer: W " 'It was the purpose and intent Vif this act to compel an employe to nccent Its provisions.' "When his right to recover Is re stricted liy such qualifications and conditions as theso wo think the qualifications and conditions constl-1 tute. within tho meaning of section 54 of tho Constitution, not only u limitation upon tho amount to be re covered but practically destroys his right to recovery. "When tho employer accepts the provisions of this act, the employo is Automatically drawn into this so called contract and made subject to its provisions under pain of being de- j prived of nil his causes of action. It cannot bo then said that ho has vol-. untarlly elected to accept tho " . visions of tho contract." Dissenting Opinion. Judge Miller lu his dissenting opinion, said: "Kentucky lu tho first State to hold such an act as this unconstitu tional, a lu iircpil that tho act Is comnul- V . .. i -. . i. .nl 41. BOiy in inai, in eiiuci, ii tujuiicio iuo employer and employe to accept Its provisions under penalty of losing their rights under section 5.4 of tho Constitution, which provides that tfJrGeneral Assembly shall have no power to limit the amount to be re- covered for Injuries resulting In death nor for Injuries to person or property. "As I understand the majority opinion, this Is tho only ground up on which It holds the Kentucky act of 1914 Invalid. It tacitly over rules the many other constitutional objections urged against tho act. "The opinion of the majority makes It impossible for the Legisla ture to pass any effective workmen's compensation uct under our present constitution." "Tho act makes It voluntary whether any employer shall accept the provisions of tho act on one hand, or whether the employe shall werk for or remain In the service of 4iis employer after the latter has made his election to work under the act, taking from tho employer, how- ever, his common-law defenses above specified. In case he declines to work under this act, and saving to tho employer these defenses against his employe who refuses to accept the provisions of the act." "Kentucky is to he the first State making this radical departure, and In doing so this court falls, It seems to me, to make tho essential legal dis tinction between compulsory and elective acts, by giving more effect to Imaginative cases than to real cases. "I do not understand It to be claimed that parties may not agree to waive their constitutional and le gal rights. To refuse them that right would In Itself be unconstitu tional as depriving them of their right of free contract. "It Is contended that these provi sions compel both the employer and employe to accept the provisions of the net by taking away their consti tutional rights In case they refuse to come within the act. -In Other States. "In no case has an elective com pensation act been held Invalid; on tho contrary, statutes containing elective features, substantially like the Kentucky statute, havo exprcss Iv been upheld In Wisconsin. Ohio, Massachusetts and Mlnuesota, while Washington and Moiitunu have gono further and acts." sustained compulsory The bill provided for all Indus tries employing six persons or over, excepting agricultural and domestic pursuits. The State did not assume the place of on Insurer, but the State Compensation Board, composed of the Attorney General, Secretary of Agrl culturo and tho Insurance Commis sioner, acted as trustees to collect from employers a certain percentage of their pay rolls, according to tho schedule of tho law. The board al- so acica as irusivu m uio uwmuu- .", " """" annroDrlatlon for a . approprlf t,on rr a , k f d and tho monCy drawn from , ,,, .,.. , .,, from tho' tho . solely rrom the Pentiums paid in. For .this reason linn nr run mnn. i ni niaie luriiimi i it was noiieveu mat me aiaie mnu would be Inadequate. 'eminent has received advices that Under the law an employer could thQ Dresden has reached Punta Are do one of four thfngs. He could re- i Qn th(j straU of MagolIan whllo IUSO reimuurse ma euipiuyca uu- . .,.. ..... .. "ur " P" , In risk trial in courts for each nccl- ' cd of the three common law defenses of contributory negligence, assump tion of risk and tho fellow servant plea. If ho decided to come in un der tho compensation act he could do one of three things: Ho could pay his premium into the State fund; ho could insure In a liability compa-, t' h,lllbeWi pr0vlded ho was ablo to I ',,. , ,., ,n ,,. Ion ,,... that ' 11 or no couiu curry uie uurueu ui ho was solvent enough to do so. I I The maximum rate under the law .was $1.2G per $100, and every om- I ployer who had not notified the board otherwise was held to bo conducting his business under tho provisions of . Ilin Inu. Thn maximum sum that ,d bo ,d 0(U ,n ca8(J of death wa(j ?3700 Th0 compensatlon board WM t0 dccde a payraentB , cas0 . ., ,, ,,,, ., fn hn nnl nnnl frrtin IIq nnliilrm " " - "I "" Kaiser III of Dlptherla, Hays Madrid DUpatcli. Paris, Dec. 1G. A Madrid dis patch published lu the Journal says: I "Rellable news received here cava t li a Pmnam. William's nnml I. ? t j ...4.v.-v.. ........ u u ..... Hon, although recorded by tho bul- ( letlns as Improved, Is glvlng'great an- xloty. His doctors speak of a serious sore throat following dlptherla, which the emperor contracted during' a visit to tho Eastern front." MUST SHOW THEIR COLORS Congress Decides to Vote on Prohibition Dec. 22. Will Require Two-Thirds Vote to Submit the Amendment To Voters. Washington, Dec. 12. The Issues of national prohibition, and woman RiifTrnsre will be nlaced sauarelv be- ( forH the hoU8e of renrC8entatlves ns n - today by ., house rules committee, when It de cided to report special rules for the consideration of constitutional amendments on both subjects. Inci dentally, the committee put an end to all hope of an extended holiday recess. Representative Henry, chairman of the rules committee, asserted the rulo on the Hobson prohibition reso lution will b presented December 22 and the resolution, after eight hours of debate will be pressed to a vote on that date. He said the suffrage resolution would follow Immedi ately. Members of tho house, anxious to get away for tho Christmas recess, construed the committee's action as an evidence of tho determination by the Democratic leaders to limit the Christmas holidays to two or three clays. The prohibition and suffrage sup porters Immediately began to line up their forces for the coming encouu ter. Representative Henry Issued a statement asserting he will vote against .both the proposed constitu tional amendments. As framed by Representative Hob son tho prohibition bill would pro- niuit tne sale.manufacture, importa- tlon and exportation for sale of "In toxicating liquors for beverage pur poses In the United States and , all territory subject to the jurisdiction thereof forever." The suffragist amendment would declare the right of citizens of the Unlted States to vote shall not be denied or abridged on account of sex. LATEST WAR NEWS Monday . .. . ... t fcnK'ana -"" aouo' been raised regarding the fate of the ,, rrulBPr Dresden one of the cruiser Dresden, one or tne G 8uadron in the South At- defeated y , Brtu, sIiIds recently. The Argonttno Gov- nnnn trpa rmnrtq that m vossel uuenos Aires reports mat a essei. probaly a German, has been sighted off Puerto Gallegos surrounded by British ships. Germany Reports conflict regard ing the condition of Emperor Wil liam, one stating that the Emperor Is rapidly recovering and will return to tho front soon, while another dis patch says that he will bo forced to uderg0 an oporatlon.for fhe throat. France Roth tho German and French ottlclal reports contain evi dence that tho Allies' offensive move ments are gathering Impetus and arc meeting with stubborn resistance by the Germau troops who havo been left to hold tho Western line. The French havo been particularly active In tho Woovro region. Russia Tho battles In Poland- con tlnu almost wlhout Intermission, but no decisive result has been reached In any series of contests. The Ber lin report asserts that the Germans took 11,000 prisoners and forty guns in battles aglust tho Russian ceuter. Servia Tho shattered Austrian right wing has cronteu the Drtna In- to Bosnia, where it was attacked by Mnn tpnnirrillM. Thn ftftfPflt tit niir ... . ., . Austrian army corps by the Servians remalus the wonder of military men.' Tuesday. Servia Servians, after a fierce battle with Austrlans, have reoccupl- cd Belgrade, their former capital city, which was evacuated December 2, after having been bombarded since July 29. The Austrian official re port admits reverses. KiiKbuid The Minister of Marine at Buenos Aires has been Informed that two British warships have en tered the Straits of Magellan In pur suit of the German cruiser Dresden, In refugo at Punta Arenas. It Is re ported lu Toklo that the German armed merchantman Oxford has been captured by tho British In the Indian Ocean, and that tho German convert ed cruiser Cormorant has entered the harbor at Guam. Poland More thun 500 towns have been ruined by the opposing armies In Poland, It Is claimed. Each army accuses the other of looting and cruelty. The Germans claim a distinct gain In Northern Poland, while the Russians anouncc a re alignment of their forces in the War saw field. Xo iinportant develop ments wcr reported in France and Belgium. Turkey. Enver Pash has taken command of tho Caucasian army and Taluat Bey has uceeded him as Minister of War. Wednesday. Germany The Germau converted cruiser Cormorant and her 22 officers and 355 men Interned voluntary yes terday at Guam, an Island belong ing to' the United States. An official communication from Punta Arenas to Santiago announces that the Ger man cruiser Dresden left Punta Are nas and that the English cruiser Bristol touched ther on Monday. A retroat of the German army march ing on Warsaw is acknowledged by the Berlin report. Several attacks made by the French are described as "fruitless." Austria The Austrian official re port claims a successful advance on the Russians In which 31,000 prison ers are t-ald to have been taken. Tho Russians are said, to be retreating along the entire Rojbrot-Plotrkow front. France The French and Belgian troops have debouched from Nleuw poort and occupied the line from the outskirts west of Lombaertzyde to the farm of St. Georges, says the French official report. An advance Is reported also south of Ypres. Russia Russian successes In the Mlawa region have been maintained, according to the official report. Fierce fighting has been continued along the Vistula front. A weakening of the batteries is reported around Cra cow. England A Press Bureau state ment says that 'after a thorough in vestigation no evidence of treachery has been found in the destruction of tho Bulwark. Thursday. Kngland Hartlepool, Whitby and Scarborough, on the East coast of England were bombarded by German warships early yesterday. The land batteries replied and are reported to have damaged some of the German ships, which aro reported to have escaped. The eausualltles among the troops at Hartlepool are reported to havo been seven killed and fourteen wounded. Twenty-two persons were killed and fifty wounded In tho streets. Thirteen casualties are re ported from Scarborough and two killed and two wounded at Whitby. Damage was done In all three cities. Russia The Russian official report admits that the Russians retreated slightly on the left bank of the Vis tula after a stubborn all-day attack by tho Germans. On other sections of the front counter attacks were made, and lu the direction of Mlawa tho Germans were repulsed toward tho frontier, according to tho state ment. France Tho French, British and Belgian troops continue their offen sive in the West, and have made fur ther progress, according to the offi cial report Issued at Paris. Along tho coast of Flanders the Allies had the assistance of tho British fleet, which violently bombarded West endo. y Get Paul Woodward's prices on Roofing and all kinds of Building Material. 12tf FUNERAL OF IJ. PAYNE Solons Pay Final Tribute of Sorrow. Official Washington Attends Solemn Service Held in House Chamber. Washington, Dec. 13. The offi cial life of the Nation today paid final tribute to the late Sereno E. Payne, for more than thirty years a member of the House of Represen tatives form New York. Black-garbed legislators, executives and mem bers of Judiciary In their sombre flowing robes were Joined by he rep resentatives of foreign countries In tho first formal funeral ceremony held In the chamber of the House in'flfteen years. The cloud of sorrow hung heavi est over a little group of legislative veterans who sought the cold com fort of companionship In misery far back In a coner In the rear of the about $1,500. It has also been chamber. They were the Republican ' learned that an attorney at' Island "Old Guard," companions-ln-arms of the dead statesman In the legislative battles of a quarter of a century, and they seemed uncomfortable in the public show of their grief. In the center, stlffy upright, with folded arms, sat "Uncle Joe" Cannon, the dead man's chief in many hard fought struggles of policy and state craft. Beside him ranged James Hemenway, of Indiana; John Dwight, of New York, Ebenezer Hill, of Con necticut, and John Dalzelf, of Penn sylvania. All had poignant memor ies of standing shoulder to shoulder with the bulky form of the New York legislator in great and small govern mental struggles. And the simple funeral cermpny, the quiet strains of the liynis, started unbidden tears that were hurriedly brushed away with studied carelessness. In all the solemn formality, the "Old Guard" seemed to have no part. Theirs was a deeper, closer grief. And when the cermony was done and the hun dreds had passed the flower-banked catafalque, they stood together and gazed for a few moments on all that was mortal of their dead companion. Cannon Had to Come. "I swore I 'would never enter this chamber agin until I came with a cer tificate ot election in my band," said "Uncle Joe" Cannon, his square Jaw trembling, "but Payne died and I had to come to the funeral." Neither President Wilson nor Vice President Marshall attended the ser vices, but both were represented. Tho Senate entered the Chamber, headed by Senator Thornton, of Louisiana, as president pro-tern and Secretary of State Bryan headed the Cabinet members, Secretaries Houston, Red field, Lane and Wilson. The Cab inet officers and the Justices of the Supreme Court, occupied front seats ui n.C nuuD v,.,uu.uCl. ui.raij uo- fore them was the catalfaqua on yhich were flowers In profusion sent by the House, the New York dele gation, the Senate, the President and numerous personal friends of tho dead statesman. When the gathering had been seat ed, and the galleries had been filled with a thousand spectators, the Rev. Dr. Henry, D. Couden, chaplain of tho House, opened tho services with a simple prayer. "Nearer My God to Thee," was sung by the quartet ot Calvary Baptist Church, which Mr. Payno atteuded and the Rev. Samuel II. Greene, pastor of the church preached a brief sermon. Tho quar- let sung -wail lunuiy wgui. unu tho chaplain pronounced he benedlc-. tlon. Body Lies lu State. Aftor the ceremony the body was i left to lie in dtate until late this afternoon, when, escorted by a com- mlttee of sixty members ot tho House and Senate, it was taken to Auburn, N. Y., the home of Mr. Payne. President Wilson today wrote a lottor of condolence to Will Poyne, only son of the dead legislator, who represented the f unity at the funeral. -- Dundee Couple Elope. Dundee, Ky., Dec. 17. (Special to The Republican) Mr. Jno. Mitchell and Miss Mona Murphy, ot this place, absented themselves In the wee smatf' hours last night and It wad lata learned that they left with th Id tntlon of getting married. Mr. Mitchell boarded the I. C. train' for Owensboro at Narrows and t Is thought that Miss Murphy was afi ready on the train, having boarded at Davidson Station, but the lattar has not been affirmed. Miss Murphy and Mr. Mitchell aref very popular with the younger set In Dundee society and their many friends wish them a long and happy married life. However, there is one serious obstacle In cupld's path in It was learned later tjiat the Irata" father telephoned the police at Ow ensboro to meet the Inbound t. C'. train ;nnd to watch the Rockport boats and apprehend the fleeing cot-' pie If possible. It Is thought they will try to get to Rockport. Gov. McCreary Offors Reward. Franfort, Ky., Dec. 15. A re ward of $200 was offered for the arest of a lawless band operating: in the vicinity of Island, McLean couo ty, by Governor McCreary, on re quest of Circuit Judge Blrkhesdj who reported that evidence against the band could not be produced be fore he last grand Jury. Several weeks ago the tipples ot the Consolidated Coal company at Island were burned with a loss of was taken out by a lawless band and whipped. In the last few weeks a number of letters signed "Possum Hunters' have been received in LIvermore. On Saturday night, December 5, a par" ty of men did considerable damage to the Jail at LIvermore, breaking the doors and windows. The Liver more citizens attached very little Importance to the incident, saying it was the work of a party of Intoxicate ed men. Letters have also been re ceived by the managers ot a maau- facturing plant, telling them to dis charge all negroes. Returns After Twenty-Three Years,., Springfield, 111., Dec. 16. A man who said he was Robert Breckin ridge, son of the late W. C. P. Breck inridge, for twenty years a member of Congress from Kentucky, today walked Into the office of Secretary of State Lewis G. Stcvensun and de clared that he was the man who dis appeared twenty-three years &gct while going to Europe in a ship tsat was wrecked. Mr. Stevenson tonight said he idea-' tified the man as Breckinridge, 'bis youthful friend, and lsclosed the story of a soldier of fortune told by the man. His family belloved that he bad been drowned when the ship wentv down in May, 1391. The man told Secretary Stevenson a marvelous story of travel and ad venture that circled the world. He said that he had fought with the Al lies during the Boxer troubles in China, with the Boers in Africa and with tho federals In Mexico. He told of gold mines owned in Africa, for tunes made and lost In Australia and ot business reverses that uad madrf htm a Mexican mercenary soldier. He told Secretary of State Steven- ., , ,, famllv dld not kuow- of h,3 returni but that he wou,d Ieav& for Lexington, where his brother, Desha Breckenrldge, Is editor of the Lexington Herald, tonight. Mr. Stovenson and Robort Breckeurldgo were close friends in Washington, when Stevenson's father, Adlal 6. Stevenson was Vice President of the United States, and Breckenrldge's father. Col. W. C. P. Breckenrldge, was Congressman, and they were neighbors. Secretary Stevenson and Robert Breckenrldge also "roughed it" in Arizona. Upon his arrival here, altho great ly changed In apcarance, Secretary Stovenson says he recognized Breck- olirWge nt onco Hls father, and formGr vice President Adlal Steven son, father ot Secretary Stevonson, were life-long friends. "We spent our vacations together and thero Is no doubt but what it is Bob Breckinridge," said Secretary Stevenson tonight. Notice. Having sold half Interest in tuy teed and produce business to my brother, B. H. Ellis, and desiring to settle all old business by Jan. 1, 1915, thoso who are lndobted to me will please call and pay me on or before the above date. W. E. ELLIS, 23M Produce Merchant.