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 The Green Bag

318

leave the question of how far the injured em 10 ee was responsible for the accident, an

Judge Putnam has always taken in the com~ pany.

t e amount of damages, to the jury,

the fellow servant rule being abolished. A legislative commission has recommended the passa e of two bills which carry out its views wit regard to a fundamental change in the employer's liability legislation of New York State. The first bill relates solely to hazardous occupations and provides a schedule of compensation for all accidents, regardless of negh ence. The second covers accidents to emp oyees not due to the hazardous character of the occupation and provides for an elective scheme of compensation subject to a at between the employer and the employee. It also places on the employer the burden of proving the employee's con tributory negligence and modifies the fellow servant rule. That employer's liability received an in creasin degree of attention in the statutes of 190 and 1909 appears from Bulletin No. 85 of the United States Bureau of Labor. Five states (Michigan, Texas, Idaho, Maine

and New Jersey) and the Philippine Islands passed laws affecting ern loyer's liability directly; while in Geo ', owa, Massachu setts, Mississippi, Ohio and

South Dakota

the customary defenses of emplo ers in suits for damages by injured emp oyees, i.e., fellow-service, assumed risks, and contribu tory negligence, were more or less restricted or modified. The doctrine of comparative negligence, under which the contributory negli gence of the employee is compared with the primary negligence of the employer, with a corresponding award of damages, has been incorporated in the laws of Texas, Iowa and Ohio, and in a modified form in the Georgia statute.

The following appointments have been con firmed by the Senate: Howard C. Hollister to be District Judge, southern district of

Ohio; Hen

Judge James D. Black of Barbourville, Ky., has accepted the presidency of Union College 3f that city, and will assume his duties next

une.

r to be first

udge of

A life-size oil ainting of Jud e Thomas G. Jones, of the nited States urt for the middle Alabama district, has been presented to the state of Alabama by his sons. Judge Jones has layed an important part in the history of bama, being in the storm centre of the late fight of the state on the railroads

and corporations. The President's nominations of the five jud es of the new Court of Customs A is aut orized by the Aldrich-Pa ne ta' law were confirmed by the Senate Nfarch 30. They are Robert M. Montgomery, Presidin Judge; William H. Hunt, Associate Judge; fames F. Smith, Associate I‘ggrdge; Orion M. Barber, Associate

udge;

rion De Vries, Associate

Judge. T ese appointments are all the same as the ori 'nal nominations withdrawn because of the fai ure of Congress to allow the salaries contemplated, with the exception of that of the Presiding Judge. The memory of the late Presiding Justice Edward Patterson of the Ap llate Division of the Sn rerne Court of ew York was honored arch 30 by the Justices of the Appellate Division and all the Justices of the Sn rerne Court of the first department, as we as many other judges and members of the bar, meeting in the A pellate Division Court

Pcrsonal- The Bench

E. Coo

the Circuit urt of t e first circuit, erritory of Hawaii, ‘vice John T. De Bolt, a pointed Associate Justice of the Supreme urt of Hawaii.

House,

New York

ity.

Addresses

were made by PresidingPJustice George L. Ingraham, Judge John . Dillon, ex-Am bassador Joseplh H. Choate, Judge Morgan J. O'Brien and illiam A. Purrington. Letters of regret from Governor Hughes, Senator Root, the Chief Judge of the Court of Appeals, and Judges Werner and Edward T. Bartlett

The resi nation of County Judge Lionel R. Webster 0 Multnomah county, Ore., went

were rea.

into effect March 1, and his place was taken

Judge Willard M. McEwen, who has volun tarily retired from the superior bench of

by T. J. Cleeton.

Cook county, Ill., was

The retirement of Jud e George S. Brown from the district court of8 the count, follow

ing the creation of the ninth judicia district, was the subject of resolutions of re t adopted by the White Pine County (Nev. Bar Asso ciation on Februray 23.

'ven a farewell at a

ban uet of six hundre lawyers and jud in C icago March 5. State's Attorney Jo n E. W. a n acted as toastmaster. udge Marcus vana h of the Sn rior urt, udge Charles S. utting of the robate Court, ud e Frederick L. Fake, Jr., of the Muni

ci a Court, and Edward D. Shurtleff, S Jud e William L. Putnam of Portland, Me., of the nited States Circuit Court of Appeals, has been honored by the decision of the Fifth Company, formerly Company E, First Maine Regiment, to be known henceforth as Putnam Battery, in appreciation of the interest which

ker

of the last house of representatives of I inois, spoke for their respective branches, citing numerous instances of udge McEwen's firm grasp of the law. The upreme Court of Illi nois was represented by Justices Orrin N. Carter and James H. Cartwright.