for the work.

When he has done this he has, in my opinion, done al

Wilson vs.

that he is bound to do; and if the persons so selected are guilty of negligence, this is not the negligence of the master." Merry, 1 L. R. H. L. Sc. App. Cases, 326.

"The rule

The American doctrine, on the contrary, is thus stated: of law which exempts the master from responsibility to the servant for injuries received from the ordinary risks of his employment, including the negligence of the fellow servants, does not excuse the exercise of ordinary care in supplying and maintaining proper instrumentalities for the performance of the work required. One who enters the employment of another has a right to count on this duty, and is not required to assume the risks of the master's negligence in this respect. The fact that it is a duty which must always be discharged, when the employer is a corporation, by officers and agents, does not relieve the corporation from that obligation. The agents who are charged with the duty of supplying safe machinery are not, in the true sense of the rule relied on, to be regarded as fellow servants of those who are engaged in operating it. They are charged with the master's duty to his servant. They are employed in distinct and independent departments of service, and there is no difficulty in distinguishing them, even when the same person renders service by turns in each, as the convenience of the employer may require. The corporation is equally chargeable, whether the negligence was in originally failing to provide or in afterward failing to keep its machinery in safe condition." Ford vs. Fitchburg R. Co., 110 Mass., 241; Hough vs. Railway Co., 100 U. S., 213; McKinny on Fellow Servants, § 24; Wharton on Negligence, § 211-212.

From the nature of the case there must continue to be irreconcilable differences in the decision of different courts, whatever test is applied, because the terms of the contract between the employer and the employee are almost entirely implied by the courts from considerations of public policy; and the different conceptions entertained by the courts of what are the requirements of an enlightened public policy in this regard will continue in the future as in the past to lead to different conclusions as to the implied duties under the contract of service and the consequent liability of the employer resulting therefrom.

For instance, in Ohio the court declares that the rule adopted in that State holding the employer responsible for injuries to employee, occasioned by the carelessness of those who are superior in authority

and control over them, which forms the basis of what is known as the "superior servant Limitation," was adopted by them chiefly upon considerations of public policy (Railway vs. Spangle, 44 Ohio State, 471); while on the other hand, it is held by the English and a very large majority of the American courts that the mere fact of one servant having control over another in the prosecution of the work in which both are engaged is not sufficient to prevent the operation of the rule relieving the employer from liability. McKinny on Fellow Servants, sec. 43, note 1; Bailey's Conflict of Judicial Decisions, pp. 288-89; Wood's Law of Master and Servant, p. 857, sec. 435; Patterson's Railway Accident Law, sec. 304; 7 Am. Encyc. Law, p. 838.

A discussion of these differences is not within the limit proposed for this paper; but there seems to be less divergence among the courts in this country than might be expected, considering the fact that we have, in the solution of every case, to deal with the variable factor of the requirements of public policy. Tabulated statements of what are the duties of the employer, according to the decided weight of the American authorities, may be found in any of the recent text writers. McKinny on Fellow Servants, Sec. 24; 7 Am. Encyc. of Law, p. 825; Wood's Master and Servant, Sec. 329.

However, as the demands of public policy must be the ultimate test in the case, it seems to me that instead of leaving to the different courts the declaration of what is the public policy of the State in the particular cases as they arise for decision, the same public policy itself requires that the Legislature shall determine and declare what is the public policy of this State in the premises, by enacting a statute defining the liabilities of the employers, as was attempted by the last Legislature, and as has been accomplished in England and also in Massachusetts, Georgia, Iowa, Kansas, Mississippi, Montana, Rhode Island, Wisconsin, Wyoming, and perhaps other of the American States.

PAPER

READ BY

R. T. W. DUKE.

SOME THOUGHTS ON THE STUDY AND PRACTICE OF THE LAW.

Doubtless it will be asked why I read a paper on the study and practice of the law to an Association whose members are now, and many of them for a long time have been, active practitioners? My reply is: First. We, my elder brothers, are day by day closing life's arguments and making ready for the summing up at the grand assizes. Our place, will soon be filled by the younger men preparing for our profession, and we owe something to them.

Second. I find that, whilst there are many valuable books on this subject amongst which Warren's Law Studies stands pre-eminentvery few of the younger members of our profession deem it worth their while to read them. Some, indeed, have never heard of them; and my hope is that this informal paper may call their attention to the importance of using these and other guides in the preparation for, and practice of, our profession.

We will suppose that our young student desires to become a finished lawyer; that he has had the advantage of attending for some years some of our excellent classical schools, and is about to enter the University or one of the colleges.

What course of study shall he pursue? I say, without hesitation, that he should have acquired at school all the knowledge of Latin and Greek that is necessary, and that he should waste no time in grubbing at Greek roots or solving the mysteries of "ut and the subjunctive.” The age in which we live is too intensely alive to waste much time in dissecting dead languages. I say study first, and above all, English

good, strong, wholesome English, not Brummagen American-and in studying English let him learn to read English; for it is surprising to know how few of our lawyers and public speakers know how to read. It is true they call the words and go through the motions, but so far from making plain to the hearer the sense and beauty of the author's meaning, they often confuse and mystify that which is clear upon the printed page. Then let him absorb and, become saturated with the thoughts of the great master minds of English literature, until he can think and speak in Shakespeare's and Bacon's words, and combine the grand terseness of Swift's inimitable prose, with the liquid sweetness of Spencer and Milton.

Other languages than his own then invite his earnest attention : French, that he may be able to trace in the original the source of much of our equitable jurisprudence, and note the tendency of modern law makers to borrow from the code civile, and that he may be able to understand the true meaning and import of many of our most important law terms. German, because the ablest treatises upon the great and growing subject of the law of nations are to be found in that language, and that he may be able, should his lot be cast in the great Northwest, to please many who may be his clients by speaking to them in the language of the fatherland. Spanish, because the commercial if not the political relations between our own country and the Spanish-speaking countries south of us are constantly being drawn closer and closer together, and it may be that there are now those living who in the course of their lifetime can enter the cars on the margin of Hudson's bay, and in a brief space of time look from Cape Horn out upon the icy waters of the Antarctic ocean, beholding the two Americas linked together with bands of steel. Whilst pursuing these studies let him not neglect the vast field of scientific knowledge.

In this age of wonderful material development, when the pick of the miner, the hammer of the smith, the buzz of machinery, the hoarse scream of the engine, and the rush of the train are heard on all sides, and when with forces borrowed from the lightning's flash man conquers the power of darkness, puts a girdle round the earth in less than forty seconds, and transmits on waxen cylinders the voices of this generation to generations yet to come, the importance of a thorough scientific education for members of our profession cannot be over estimated. Let the student strive to become a Bachelor of Science, rather than a Master of Arts.