Page:The New International Encyclopædia 1st ed. v. 07.djvu/569

* FELLOW-SERVANTS. 5i ; FELLTHAM. .such as to render the safely of one dependent, in the natural and ordinary course of limits, upon the care and skill of the other. Although the definition of fellow servant stated above is sustained by the English decisions, by those of our Federal courts, and by those of the great majority of our State tribunals, it has been rejected in a few jurisdictions. There the view has prevailed that the employees of a common master are not to be deemed fellow servants with- in the rule relating to employers' liability unless they are of equal rank. In these jurisdictions the conductor of a railway train, accordingly, is not the fellow -servant of a brakeman; nor is the superintendent of a mill, nor the foreman of a gang of laborers, a fellow-servant of those who are subject to his control. If a subordinate is in- jured through the negligence of his superior, the master is liable for such injury. In the other class of jurisdictions the master is not liable unless the act is one which he is under an absolute legal duty to perform properly. This legal duty binds the employer to provide for his employees a safe place to work; to provide safe machinery and appliances; to formulate suitable rulers and regulations for the safe conduct of his business, if such rules are needed ; to warn his em- ployees of danger which they could not or would not ordinarily discover; and to provide suitable superintendents and colaborers. If he delegates either of these duties to an employee, no matter what his grade or rank, the negligence or mis- conduct of the employee in the performance of that duty is in law the negligence or misconduct of the employer. For it he is liable to the in- jured servant. Perhaps it should be added that the negligent servant is liable to the person in- jured by his negligence, whether the latter is a fellow-servant or not. Consult: MeKinney. Treatise on the Law of Fellow-Servants (Northport, 1890) ; Bailey, The Law of Master's Liability for Injuries to Ser- vant* (Saint Paul, 1891).' FELLOWSHIP (from fellow, Icel. felagi, from felag, partnership, from fe, property, Eng. fee + lag, a laying together. AS. lagu, Eng. law + Eng. -ship; cf. Icel. felagsskapr, fel- lowship). An institution which arose in con- nection with the mediaeval colleges, originally eleemosynary in their character. The members, or 'fellows' (socii), as they are called, usually had a hoarding-place in common, and received regular stipends provided for out of the income of the foundation. Such a college was established at the University of Bologna as early as 1267, and the beginning of the institution at' the University -of Paris is traced to a permanent though humble provision for sleeping accommodations, and for small stipends to be given to eighteen scholar- clerks, the founder being a pious man, one Dominus Jocius of London. At Oxford a founda- tion was in 1243 established for two priests, who, while pursuing their studies, should say mass for the soul of their benefactor. In 1249 University College was founded with an income for the support of ten or more masters of arts, who were studying theology. At Cambridge, Saint Peter's College was founded in 1284. The recipients of these benefactions were usually required to pass certain examinations, or to have attained a cer- tain standard, and often to show their need of such support. Frequently, however, the founder retained the patronage, which was restricted to In- km, or to the members of a certain diocese or district. By the University Acf oi 1854 Buch rest] iel ion a weir removed in England. At pre eni the fellowships there are ordinarily confined to the graduates of the university to which the college belongs. Ai Bologna the College of Spain still survives, having live or six students. The great Parisian endowments disappeared as a result of war, and revolutions. A fellowship in the Sorbonne i- now merely an honorary distinction. In England the fellowships have steadily increased in number and value. To-day their income ranges from Ics than £100 to £800 annually; but since they depend upon the proceeds of landed property, this sum varies from year to year. To this is added the privilege of occupying certain apartments, and in some cases of enjoying perquisites in meals or commons. Many English fellowships are tenable for life, others for seven years, and at Cambridge for even shorter periods. In general thej ar forfeited should the holder attain to certain pre- ferments in the Church or at the bar. and some- times in the case of his succeeding to property above a certain amount. Except by special vote of the college, the holder of a fellowship forfeits it by marriage. The English fellows usually carry on instruction in their own colleges, and are frequently professors in the university as well, or hold other academic positions. In the colleges and universities of the United States the term 'fellow' often means trustei in one sense, at Harvard. On the other hand, the ordinary fellowship is an honor bearing with it a certain annual stipend, which varies from $120 to $1000. The average amount is, however, about $500. The fellowships are bestowed ac- cording to merit, and usually without restrict ion as to the collegiate institution of which the can- didate is a graduate. The holder is expected to pursue graduate work in some special department to which the fellowship is attached, and in most cases this work is to be done at the institution which grants it. Occasionally, however, the fel- low is allowed or even required to travel. Some institutions require certain services in connection with instruction from the holders of fellow- ships, others expect their time to be devoted to study. There were in 1900 at Harvard .'SO fellow- ships, at Yale 24, at Columbia 29, at Cornell 24, at Johns Hopkins 22, at Chicago 30, at Princeton 12,;at Pennsylvania 31. and at Bryn Mawr 14, three of which provide for a sojourn in Europe. Other institutions offer in all 55 fellowships. For th-a current status of fellowships in various institu- tions, consult: The Handbook of Graduate Clubs (Chicago); College Year-Booh- (New York, 1896 et seq.) ; and the Minerva Jahrbuch <h r OeleTirten Welt (Strassburg, 1892 et seq.). Sec Univer- sity. FELLTHAM, Owen (c.1602-68). An Eng- lish author. He was born in Suffolk, and wais con- nected with the household of the Earl of Tho- mond, at (treat Billing. Northamptonshire. His name has survived in literature as the author of a thoughtful and agreeable series of moral essays entitled Resolves, written "to hold himself and others within the limits of prudence, honor, and virtue" (1st ed. 100 essavs, c.1620; 2d ed. 200 essays, L628; 4th ed. 1631, reprinted by V. Pick- ering, London. 1846). He also wrote .1 Brief Character of the Low Countries (1652), which