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with better success and profounder results-a reciprocity of thought, a free interchange of ideas, and an international cultivation of the principles of free government. I hope it is not an utopian dream to believe that there might be established an International University of Civics, located at Washington or New York-a Pan-American Institution-where there should

be taught the science of self-government. Here the youth of the two hemispheres could intermingle with mutual profit and advantage. Here we could learn much, and teach still more. The ingenious youth of our sister Republics might here become imbued with the formative genius for government of the Anglo-American race, which knows how to bring order out of confusion, and to crystallize into organic shape an apparently incongruous mass of molten humanity; and familiarized with that peculiar principle of civic evolution so natural to the North American, whereby he starts with the axe and ends with the sceptre; begins with the forest and concludes with the empire. The steps of this development so easy and natural to him, are to many other races either absolutely unknown or imperfectly understood; the forest, the patch, the field, the schoolhouse and church, the town, the county, the territory, the State, and member of the Union; the science of this development, as natural as fruit from the seed, might be taught to our sister Republics.

Neither should the American youth be teacher only; he might find in the history of Brazil, for example, a useful volume of political philosophy illustrated by distinguished example. When, for instance, he boasted of the acquisition of our liberties through a passage illuminated by the lustre of Colonial arms from Valley Forge to Yorktown, the young Brazilian might point him to the achievement of her independence without the shedding of a single drop of blood! Or should our Civil War be pointed to with its glorious military achievements upon either side, the Brazilian might respond by recalling the historical incident that one of the largest States of the Empire walked quietly out of the Union, remained out for ten years, and then voluntarily, as the result of peaceful arbitration, resumed her place, and all without the flash of a sabre, the blast of a bugle, or the firing of a gun!

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Thus, by the co-education of nations, the commingling of international thought, the interchange of ideas, and the study of civil government, might the free Republics of this cis-Atlantic hemisphere assist each other in the achievement of their manifest destiny.

But, after all is said, my friends, I must close where I begun, with the wise saying of Martin Van Buren: The highest method of teaching is by example; and the wisest civic lesson is that sine qua non of republican government, implicit obedience to a written constitution.

PAPER

READ BY

ROBERT L. PARRISH.

MASTER AND SERVANT.

The business world may be aptly divided into two classesto-wit: Those who command and those who obey; or, to express it in terms more definite, Masters and Servants.

Formerly, when distances were formidable, the relations, duties and liabilities of master and servant, in their results, seemed simple enough, but owing to the struggle of the present century to supply the ever-varying and increasing wants of mankind, and to so annihilate space as to bring all peoples close together, the danger of hurt and injury has been greatly enlarged, and the mutual duties and liabilities of master and servant have correspondingly developed. Nor has it needed the Legislature to define these duties and liabilities, but the courts, invoking common law principles, have found a ready solution of ever-varying problems, thereby illustrating the eternal existence of these principles, although they may sometimes refuse to respond save to the call of a master indeed.

It is the great works of the courts and of the bar, both to declare and to apply correctly the principles of the common law, remembering that the misconception or misapplication of a principle always brings confusion, and inflicts a wound and a scar upon the front of our jurisprudence which it is difficult to efface.

Now, the proposition that if every man would do his whole duty there would be no liability on any one for the results of accidents, is as simple as it is true. The master's position may, therefore, be tersely defined in the statement that the master is

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liable for the results of his negligence only; for, without negligence on his part, he cannot be made liable at all. This is a cardinal principle that should not be violated. And the servant's position is defined in the statement, that, if the master's negligence hurts him, he has a right of action for his injury which can be defeated by his own contributory negligence alone.

DUTIES OF THE MASTER.

The duties of the master may be briefly summarized as follows— to-wit:

He must exercise ordinary or reasonable care to prevent accidents and injuries to his servants.

He must keep his premises always in a reasonably safe condition.

He must furnish machinery and appliances of every kind and description that he may use, which are suitable and proper for the uses for which they are designed, and must exercise reasonable care to keep the same always, while in use, in good repair; but he is not bound to provide the safest and best machinery in use, nor to adopt the latest improvements.

He must make proper rules and regulations for his business and conduct the same in accordance therewith.

He must exercise reasonable care in the selection and retention of his servants, and must employ servants enough to do his work in safety, or at least the work should not be unsafe by reason of an insufficient number of servants to do it properly.

And he must give reasonable warning and instruction to inexperienced servants who enter into a dangerous employment.

If the master is without negligence in the performance of any of these duties, he is a good master and cannot be made liable for the results of accidents. These principles are elementary, and yet, as a matter of possible convenience to some member of this Association, I beg to cite the following authorities in support of the views presented.

Wood on Master and Servant, sects. 326, 329, 331, 344, 345, 346, 382, and 408; 2 Thomp. on Neg., 969 et seq.; 3 Woods' Ry. Law, chap. 23, page 1452; Pierce on Railroads, chap. 13, page 358; M'Kinney on Fellow Servants, chap. 3, pages 58 et. seq.; 14 Am. and Eng. Enc. Law,

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