Historical Newspapers of South Carolina

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PUBLIC'S RIGHT Diversity of Judicial < Issue and Conct Damagt A consideration of the rights of a passenger on a railroad, to the end that has rights may be clearly delineated, demands first an understanding ot what a passenger really is from the legal '?oint of view. * While it is not necessary to depend either on haphazard guesses or mere speculation, it Is extremely difficult to discover a consistent authoritative definition of the term "passenger." In one state a court will define the word with a shade of meaning that is contradicted by a court of a neighboring state. In a few essential things, however, the courts seem to agree. Up to 1909 no fewer than 53 volumes of railroad cases had been collected, compiled, Indexed and digested by law reporters. These, of course. represent uui a. smun ihkuum \?? road litigation, for they are only those cases which have be n carried to a final decision. Estimated roughly, these 63 volumes contain 20,000 cases, covering abstruse variations on every conceivable issue that can arise between a railroad and its patrons. Some knowledge of these issues is necessary to an understanding of the prerogatives oi a passenger. The lay mind will encounter much that is bewildering, for, unfortunately, there Is a diversity of contradictory opinions handed down by the different courts of the various states. It is deplorable that on some issues there seems to be no clearly defined law, and this renders it possible to so garble the issue that tiresome protracted litigation often results. A suit against a railroad, like any other suit, rests largely in the hands of counsel, and often resolves Itself into nothing more than a battle of legal wits, with the real issue thrust into the background. Waiving the many uncertainties, an accepted legal definition of a passenger at present is: "A person whom a railway, in the performance of its duty as a common carrier, has con tr&cted to carry' from one place to another for a valuable consideration, or whom the railway, In the course of the performance of that contract, has received at Its station or In Its car or under Its care." This seems to be simple, lucid and comprehensive; but It is surprising1 how many exceptions can be made to so plain a proposition, or how much It has been necessary to amplify the obvious. * For example, the supreme court of Pennsylvania has laid down the dictum that "every person in a passenger car is, prima facie, presumed to be there lawfully as a passenger, having paid, or being liable, when called upon, > to pay his fare; and the onus is upon the carrier to prove affirmatively that such person is a trespasser." The Georgia supreme court has said that one who has a railroad ticket and is present to take a train at the ordinary point of departure as a passenger, although he has not yet entered the cars. The supreme court of New York has gone still further, holding that neither the actual payment of a fare nor entry into the cars upon a railroad is necessary to create the relation of carrier and passenger. To be within the waiting room of the company, awaiting a train, renders one a passenger as effectually as if he were within the body of the car. As a matter of fact and law, one need not either be in a train or a waiting room to be a passenger. The courts in several states have often held that the relation of carrier and passenger does not cease until the journey, expressly or impliedly contracted has been concluded. It does not terminate when the passenger has alighted from the train, but only after he has left the company's premises. This point Is illustrated in the case of a Kentucky woman who bought a ticket from Louisville to Shepherdsville. On reaching her destination she was obliged to alight in a violent rain and hail storm. She could not pass to the waiting room, because a long freight train stood on the track between her train and the platform. She was obliged to stand in the rain for ten minutes. When she finally reached the waiting room she was drenched and her clothing was soiled. She sued for damages and received them. The supreme court ruled that she was still a passenger. Though she was no longer on the train, she was unable to leave the premises through the fault of the railroad company. An Illinois stockman, taking a car of sheep from Nil wood to Chicago, left the caboose at Bloomlngton, a division point, to obtain lunch. While walking through the yards in the darkness in company with some other stockmen he was struck by . a passenger train, and one of his legs was amputated. The supreme court of Illinois ruled that he was a passenger and entitled to damages as such. If a man should leave the car and clean the headlight of the locomotive at the request of the fireman and Is injured while doing so, he does not lose >?la chorontor r\f naaQpncpr Wa ifl An titled to damages, as a certain railroad learned to its sorrow when the matter was carried to the highest court of Alabama. On the other hand a man who has actually purchased a ticket and is In the waiting room of a railroad may not be a passenger. A citizen of Massachusetts who had bought his ticket, but had missed his train, lingered in the station, waiting for a street car on which to return home. Shortly afterward a locomotive crashed through the wall of the waiting room and he was injured. He sued for damages, but the courts decided that he was not a passenger because he had not left the company's premises "within a reasonable time," and therefore could not recover. A still more aggravating disappointment befell an Iowa man who purchased a ticket and boarded a train to which his ticket did not give him admission. He was ejected by a railroad man, and sued for damages. When he admitted knowledge of the fact that his ticket did not entitle him to ride on the train he lost his case. In litigation of this sort there are some rather fine distinctions. An Ohio man who acted as did the Iowa man triumphed over the company, because the conductor punched his ticket, al- ( ON RAILROADS Opinion Often Clouds >als Outcome of e Suits. though the limited did not stop at the station indicated by his ticket. The courts of various states have often ruled that railroads can order certain trains not to stop at certain stations, but it was the punching of the ticket that won the Ohloan's case. The court regarded it as evidence that the company had accepted him as a passenger in violation of its own rule. While the courts have many times held that the actual payment of faro is not necessary to make a person on a train a passenger, they have also held that an offer to pay fare to a railroad emDloyee not authorized to re celve It Is not an offer to the company, and hence does not entitle the person making: the offer to the rights of a passenger. To board a train In utter disregard of a rule requiring *he purchase of a ticket places one on the same legal basis with one who refuses to pay. Railway patrons are bound to comply with all reasonable rules and orders of the company or its agents. Even the possession of a ticket does not entitle one to transportation if it Is stamped, "Not good after date .?f sale," or If the limit has expired. A person who presents such a ticket, void on Its face, and refuses to pay fare, is a trespasser. The cases which have been mentioned cover but a few of the many diverse opinions as to what constitutes a passenger. Next to be considered are the rights of a passenger. These are far too numerous for thorough treatment in a limited space, but a few examples will give s>me idea of the attitude of the legal mind toward the subject. The supreme court of Mississippi has decreed that a carrier or railroad is not required to assist passengers to board trains or to alight. But the court also held that if a carrier stops Its trains where passengers cannot enter or leave the cars without difficulty. It is the duty of the conductor to assist them. Regarding the time and place to detrain the courts In different states have handed down a bewildering variety of decisions. In many cases It has been decided that the announcement of a station is not In itself a notice to alight An Alabama man leaving a train fell from a trestle and was hurt The supreme court held that as it was night the passenger was warranted In thinking the train was at the station, when, as a matter of fact, it was at a water tank 75 yards from the platform. A man of 76 years boarded a train at Staunton, Va., to secure a seat for his daughter. He lingered in the car until the train was in motion. The brakeman, realizing the old man's danger, tried to prevent him from jumping from the car, but the old man tore himself from the brakeman's hold, fell under the wheels and was killed. His estate sued for damages and the case was carried to the supreme court. AUhAiinrk or* ottnmnt U'QQ ma H p tn show that the old man might have alighted in safety if the brakeman had not interfered, the ease was decided in favor of the railroad, the court holding, first, that as the deceased on boarding the train did not notify the trainmen that he meant to alight before It started, they were justified in assuming that he was a passenger; and, second, that the brakeman did his duty in trying to prevent him from alighting. % A North Carolina man who boarded a train to find a seat for his daughter and her three children, broke his leg In leaping from the car after it had started. He sued for damages and secured them. In this case the man had taken the precaution to notify the trainmen that he was boarding the train only to find a seat for his daughter. He hurried from the car without delay, but the train started with such a violent jerk that he ha3 to jump. It is a curious relic, for the possibility of a railroad refusing to check baggage In these days Is altogether too remote to be considered. Some railroad men do not even know of the existence of this statute. One general counsel went so far as to declare positively that there was no such law in existence. He marveled greatly when it was shown him. Idaho has Identically the same law, except that the railroad must forfeit $20 instead of $10 to the passenger whose baggage it refuses to check. A railroad In that state became involved with this law. A man with his wife and daughter, having purchased tickets, boarded a train at Shelley at 2 o'clock In the morning. As there was no night agent at Shelley the passengers could not check their baggage, which consisted of a trunk and a roll of bedding. It was customary for the train baggageman to check baggage UIIUCI SUtll L'llCUlllOiqilVVO. In this case the trainmen became angry, put the trunk on board the train, but abandoned the bedding. They refused to give the man a check for thi trunk. He told the 'conductor that he had tickets, but refused to surrender them until he had received a check for 'he trunk. The conductor ordered him from the train. He swung on to the rear platform as it passed. A hrakeman loosened his hold with a kick. He fell to the tracks and was severely hurt. He sued for damages and obtained a verdict awarding him 56,000. The case was carried to a higher court. It sustained the baggage law in emphatic terms and affirmed the verdict. A valuable right of the passenger is that which entitles him to have baggage carried on the train on which he travels. This right has been upheld by the highest courts. A drummer took a sample trunk to the station in St. Paul an hour before train time. He checked it to Rochester and asked the baggageman, whom he knew, to be sure to put it aboard the evening train. < When the drummer boarded the train he found that his trunk had not arrived. It did not reach him until the afternoon of the following day. He sued for damages and won. The verdict was affirmed by the Minnesota supreme court. In a similar instance the courts of South Carolina upheld a verdict for punitive damages awarded to a drummer whose sample trunk was delayed for six days. Sleeping car companies are also legally bound to guard the baggage of passengers. The courts have so held in a number of cases. One case, Involving the theft of Jewels valued at $1,600 from a sleeping car in daylight, wa? "arried to the supreme court of Georgia. It affirmed a verdict for the full value of the property. In another case the same court ruled in favor of the sleeping car company. In this Instance *he circumstances were unusual. As the train was leaving a station, a thief standing on the tmss-rod under the car reached through an open window and seized a handbag. The owner sued the company for the value of his baggage, but the court held that as this particular form of theft could not have been anticipated, the company was not responsible for the loss. Some uncertainty seems to exist as to what constitutes baggage. It is established that Jewelry for personal use is baggage, while Jewelry for sale is not. Samples are not baggage, but If the road checks his samples as baggage the presumption is established. The courts have held that the road knows what the trunks contain, and hence if they are lost they must be considered as baggage. The passenger must not expect the railroad to care for his baggage indefinitely. If baggage is not claimed within a reasonable time it is the duty of the railroad to store it properly. Then its liability as carrier ceases. The courts seem unable to agree on what constitutes a reasonable time. If baggage arrives at night the next morning is generally considered a reasonable time. In a number of instances courts have held that the morning of the second day after the passenger's arrival is "a reasonable time" in which he should claim his baggage. In a New York case it was decided that a passenger arriving at his destination on a Sunday, during which secular work is forbidden by law, was not excused from calling for his baggage until Monday. Another valuable right of the passenger is protection against dogs. A woman in a train in the state of Washington was bitten by a dog carried into the car by another woman. Instead of suing the owner of the dog, the injured party sued the railroad. The case was decided in favor of the bitten passenger. The court declared that the railroad company had no right to carry dogs in passenger cars. The passenger has no protection from draughts. This contention has been settled by the highest courts of Kentucky. An elderly woman on her way from Memphis to Bowling Green was obliged because of a wreck to transfer from a sleeping car to a day coach during the early morning. The time being August, some of the windows in the coach were open, causing draughts which were alleged to have been a contributing cause of her death, which occurred soon after. Her estate sued the railroad company for damages, but the court held that the railroad company was not liable to a passenger because of matters which are ordinary incidents of travel, such as exposure to draughts from windows opened by, or at the request of other passengers. The highest court of Pennsylvania has declared that more than reasonable care and prudence are required of a carrier for the safety of passengers, and this position has been sustained by other courts. A careless porter crushed the hand or" a woman passenger Deiween me wall of a sleeping car and a table. The passenger sued the railroad for damages and obtained a verdict for (2,000. The verdict was affirmed by the highest court of Alabama, which declared that a railroad could not escape liability on the ground that the Injury was inflicted in a car owned by another company, and that the porter exercised control over the sleeping car with the assent of the railroad. On the other hand, the passenger Is bound to exercise reasonable care in protecting himself. A Massachusetts man, unable to find a seat on a train, remained standing. Unfortunately, he chose a place In the open door, from which he was hurled to the ground by an unusual lurch of the car. He sued for damages, but the court decided against him on the ground that he was guilty of contributory negligence in standing In the doorway.?Railroad Men's Magazine. It Must Be White Republic.?Cuba's race problem will prove harder to solve than our own?which is quite difficult enough?because the Cuban negroes and "men of color" can back their claim to complete social and political equality with the accurate assertion that they did much to earn it. All through the island's struggle against the domination of Spain they formed a considerable part of the patriot army, supplying both officers and privates as efficient as it contained, and during the latter years of the war its prosecution depended very largely on their courage, energy and devotion. They were good fighters of their kind, and in those days, naturally enough, the white Cubans drew the color line hardly anywhere. With independence attained the situation changed. Nobody denied the value of the services which the blacks had rendered, but of necessity the fraternizing of the two races became gradually less close, and as gradually there have been established distinctions approaching, though still at some distance those which prevail in other countries, with mixed popula tions. The plain truth is that Cuba had to decide whether she would be a black or a white republic, and a black republic meant in time another Hayti. What the negroes want, chiefly and first, is their proportionate share of the public offices, from highest to lowest. This has been denied to them, partly for the fairly good reason mentioned and partly because the number of officers w 3 far from adequate to meet the eager demand of the whites. With the negroes in arms, it was inevitable that the whites would forget for the moment their own jealousies and animosities, and unite in defense of "the government." Of course, in one way or another, Cuba will be saved from going the lamentable course of Hayti, but even while recognizing how hopeless is the ambition of the Cuban negroes, one can understand and sympathize with their resentment of the smallness of their share in the fruits of the victory to the winning of wliich they contributed so largely. Their grievance is real enough.?New York Times. A Difference.?"Don't cry, dear," said the kind gentleman to the little boy who was leaning against the pasture fence and alternately kicking at the gate and squalling. "Look at the little calf. It never cries.' The weeping youngster gave the gate another kick. "That's all right," he said. It doesn't hurt the calf when its mother licks it." pisctllanrous grading. THE 8EA GENTLEMEN OF CHANCE Trans-Atlantic Linara Afford a Good Field for Profeaaional Gamblers. The trans-Atlantic liners afford a fair field for the professional card men, and it cannot be said that they fall to make the most of their opportunities. A card expert rarely works alone, for, In order to win, he must manipulate the cards on his own deal, and If he wins every time he deals it will look suspicious to say the least. For this reason, while sometimes they travel In pairs, they generalW work In what they term a "combination" of three men. In such a combination there are generally two "mechanics," or expert manipulators of the cards, while the third member is frequently a young man of good appearance and address, and consequently valuable because he is a gyod "mixer" or steerer. He does little or no cheating, but wins all the money, as his confedeiates deal the crruiri hands In him As the result of such an arrangement the money Is won by a person to whom no suspicion can attach. The ones who do the actual cheating and who might therefore be suspected. If any question as to the players should arise, are almost invariably the losers. The fact that a player is a loser necessarily will generally give him a clean bill of health and prevent any thought' that he has been cheating. The general course of procedure is for the three grafters to reach the ship by different routes, giving each other no sign of recognition when they meet on the boat. Their code of signals for use at the card table, as well as their methods at all other times, have been carefully rehearsed In advance, and It is not necessary for them to talk to one another. By posing as strangers to each other, thereby preventing their fellow-passengers from establishing any connection between them, they will be able to work to better advantage, as they will not be suspected of collusion. After reaching the boat the sharpers circulate among the passengers, engaging in conversation with such as will tolerate the Intrusion, and there are few who will not, for on board ship passengers whom it would be impossible to meet ashore are generally quite democratic and easy to approach. The man leaning over the rail, the one investigating the wireless apparatus, the lone drinker at the bar, the neighbor at table?all will reply to the commonplace remark of a fellow-traveler, making it simple to open the way for a conversation. This is known as "cultivating the boat." The experienced card man is never in a hurry to get his game started; on the contrary, he refrains from playing during the first day or two after sailing, even refusing invitations to take a hand in a game, thereby making strong his assertion that he does not care for cards, is an inveterate loser, and plays only on rare occasions. By pursuing this course, he prepares for bigger profits later on, as the winners in the early games are always anxious to play again and will bring their accumulated winnings into the later games. The shark is thereby enabled to win Just as much money on the trip without playing with as many persons or for as many hours if he Joined In every game. The early winners simply act as collecting agents for the really clever card sharper. In some instances a combination of sharks will collect all the loose money on a ship and then unknowingly get In ?Avnarf nnmhtnA a game w mi a muic . w...*.? tlon and loose at least a goodly portion of their winnings before they realise that their latest "victims" are really past-masters of the business. Ordinarily, however, It does not take one sharper long to discover that there Is another cheating In the game. Even If the work is done so expertly as to make It Impossible to detect, there Is always one sure way of knowing that the other man is cheating. His work Is made manifest by the result. If one man is cheating in every way he knows and in spite of this, another man wins, It is a certainty that the latter is doing the same thing and doing It better. The fa-Jt that he wins makes this clear, for no amount of good luck or skilled play will overcome the work of the first sharper. Therefore If the second man is winning it follows that he is also cheating. "Cultivating the boat" is not the only preliminary arrangement made by the combination; there is another very important matter?the steward must be "seen," provided his co-operation is desired. In the smoking room, where the card games are always played, there is generally displayed a sign, printed In black Ink and reading "Beware of Gamblers." If the card shnrp falls to establish an entente cordiale with the steward, that official is more than likely to enter the rOom and replace the customary sign with one printed In red ink and bearing the warning "Beware of Card Sharks," at times going so far as to add a second line reading. "There is One on This Boat." Such a change of signs is very apt to result in the game being broken up; at best, it will last only until it becomes evident what direction the chips are taking. In case *rhere a complaint is made, if the gambler has a working arrangement with the steward, that official tries to smooth matters out or "square the knock." He asserts that the gentleman in question (Mr. Card Shark) "is a reputable business man, who goes over with us at least once a year; always plays poker; was never before known to win. There surely must be some mistake if he is suspected of doing anything wrong, as he is above that sort of thing." If there has been no working agreement thfe official may possibly try to force a settlement or otherwise make trouble. The sharks having onoe entered a game they begin work at once, and one of the combination usually succeeds in annexing Tne visible supply of money in the first session. Following this, the winner is "always willing to give the losers a chance to get their money back," while the other two sharks, who apparently lost, express a desire to play "in order to get even." If this subterfuge induces no one else to re-enter the game they will start n three-handed one among themselves and play as if in dead earnest. This is apt to deceive the other passengers, as it does not seem reasonable that there can be any connection between the three men, when they are playing for each other's money and with no one else in the game. Right here is where the work of "cultivating" the ship may prove profitable. If a passenger enters the smoking room any one of the trio who has exchanged words with him on deck will nod to him and make some commonplace remark. This generally brings the passenger over to the table to look on at the game. There Is always a good chance that he will ask If there is any objection to his joining the play. Naturally there never is. Another and another man is thus liable to stroll into the room and eventually Invite himself into the game. This is all mapped out in advance, the sharps making every effort to land a victim without actually asking him to play. There is fine logic in this. It is seldom that a shark is directly accused of cheating. If a player suspects that all is not right he generally leaves tin table without making any accusation. If he should accuse one of the trio, who is actually cheating (and losing), the confederate, who is not cheating (but winning), immediately turns on the accuser and proceeds to administer a verbal walloping, thus diverting attention from the accusation and putting the other on the defensive. "I don't see what Justification you have in coming into our game and Insulting a gentleman!" he declares with every show of indignation, and without pausing for a reply, continues : "I am the only winner in this game, while the gentleman you assail Is a heavy loser! If there Is anything wrong I must be the guilty man, and I don't propose to allow you or any one else to make statements that directly or Indirectly reflect on me! Who invited you to play, anyhow? Nobody! You butted In without being asked and now you kick because you have lost a few paltry dollars! If you can't afford to lose by all means get out of the game! Don't force yourself into what was a nice sociable party and then make remarks reflecting on a gentleman, who has been losing constantly without making any complaint whatever!" Such a tirade will generally silence the "knocker," especially as one or more of the other players may express a conviction that everything is all right. The other sharks, quite naturally, make manifest their approval of the speech. There are times, however, when, as the result of carelessness or accident, a shark does something that unquestionably marks him as a cheat, and the report of anything of that sort spreads over the ship like wildfire. In fact, the gamblers refer to such an act by one of their number by saying that so-and-so "set the ship afire." This is a great disaster, from the viewpoint of the sharp, especially if it happens at the beginning of the voyage, as it makes the prospective victims suspicious of I every one and tney reruse 10 gamoie i I for big sums. One of the favorite tricks of the I sharps Is to "work the spread." If one I of the trio has four hearts, for instance I he flashes the information to his con- I federates. If either one of them has a heart in his hand, he signals "Go I ahead," and the man with the fourl hearts plays his hand Just as if he held I a pat flush. The fifth card in his hand he palms and when the other players I throw their discards on the board he I makes a move as if pushing them away I from his side of the table, at the samel time dropping the palmed card. He Is then playing with only fourl cards in his hand, stands pat, bets the I limit, and when finally called he throws I down his four hearts in the center of I the table without opening them up to I view. As the cards drop In a pile his I confederate who gave the "Go ahead" I signal, and retained in his palm a heart when throwing the balance of his I cards in the discard, now reaches in I with the remark, "Let's see what it is," I and spreads open the four hearts, at I the same time depositing the fifth I heart from his own palm. Thus a flush I is shown, the fifth heart being spread I in. This trick can also be worked tol make full houses, straights, and, In I fact, any poker hand. It is also used in pinochle in making big melds. A short time ago a well-known gam-1 bier, whom we will know as Glllen, as I that is one of his many aliases, had an I amusing experience on the trip from I Liverpool to New York. There was, In I addition to Glllen's combination, a| combination of three Frenchmen on thel boat. These Frenchmen were not I known to the officers of the ship nor to I Gillen's two companions as being card I sharks, as they were making their first I trip. It so happened that two of thel Frenchmen took seats In a game in which Glllen and one of his partners I were playing. In addition to these fourl there were three other passengers. They had played but a few hands when I Glllen signalled his partner that he held I two pairs, aces and tens, and the part- I ner signalled that the spread should be I worked. One of the Frenchmen oppos- I ed, and the two players bet their hands I up quite freely. Evidently each man I was quite sure of winning. When the I call was finally made Glllen threw down his two pairs and his partner! spread in the third ace, making an ace I full. The Frenchman dropped four I spades on the table and his partner I spread in the fifth spade, making &| flush. The spreads were made simul- I taneously and of course the four I gamblers all knew at once what had I happened. It was too rich. The wise players all I burst into laughter. The three others! also laughed, although they had nol idea what had actually transpired. Thel Frenchman who had spread in thel spade looked at Gillen, who lmmedl-| ately gave him the signal that every-1 thing was all right, and the four sharp-1 ers accordingly worked thereafter to-1 gether, dividing the profits equally af-| ter it was all over. There is a regular general code of signals in use among all high-class gamblers, and it was, therefore, possible for the Americans and the foreigners to communicate across the table. Another plan for separating the public from its money when aboard ship is to make a pool on the number of miles the ship will make In twenty-four hours. This Is done every day on practically every line that crosses the ocean, and in many cases is an absolutely fair gamble. Sometimes it is not fair, and in such cases the sharks insist upon the amount put up by each player being a considerable sum in order to make the aggregate worth winning. There are frequently pools in which 250 or more people put up $10 each, making a total of at least $2,500, while pools with 100 members who put up $100 each, or a total of $10,000, are not uncommon. Each member of the pool makes a guess as to the number of miles that will be covered during the ensuing twenty-four hours. The card sharks, who "stand in' with the navigation officer and the engineer, guess along with the others, but their guesses are based on the indications as they present themselves to the officers of the ship, and are therefore likely to be much closer to the mark than guesses made at random. I That this arrangement works out 1 quite satisfactorily to those in the deal , is proved by the fact that on a recent | trip thre? card sharks played in the pool each day. One of them won twice, while the other two each won one pool?the other passengers divided the others.?New York Telegraph. ALL KINDS OF GASOLINE. And the Motorist Should bo Careful What He Buys. With gasoline and oil "for sale" signs peppering the motorways of the whole universe, garages springing up like mushrooms alluring brands of lubricating oil more numerous than breakfast foods, the motorist is apt to fall Into a careless custom of feedIng and lubricating his engine wherever he chances to stop. Manufacturers endeavor of course to put out machines which will stand a great deal of abuse, says The Michigan Manufacturer, but it Is very unwise for an owner to see Just how many different kinds of oil and gas oune nis motor win stana wunoui balking. Gasoline and lubricating oil come from a mysterious source and by the time these commodities reach the consumer, particularly If he purchases from the small outlaying dealer, they have been Juggled quite as much as any of the "pure foods" that have caused Dr. Wiley so many sleepless nights. Even scientists do not know whether the base of oil and gasoline is vegetable or mineral. In the United States there are nearly a dozen states widely separate from which these "crudes" are obtained, namely Pennsylvania, Ohio, California, Texas, Oklahoma, West Virginia, Kentucky and Virginia, and a few isolated districts where a minimum amount of oil has been taken. Pennsylvania of course leads as to quantity, but West Virginia is the only state which has produced direct' from the ground a natural lubricating oil. The oil taken from other parts of the country must be treated generally very elaborately in order to bring It to a state of refinement where it can be used for fuel or lubrication. Gasoline is one of the first products taken from crude oil, and the higher the density the quicker it vaporizes. Pennsylvania crude, as it is termed in the trade, is considered of high quality and possesses the lightest gravity. At a density of 90 degrees refiners get a very light naphtha and the lower the density goes the heavier the oil until it finally reaches the distillates, petroleum jellies, tars and paraffins. In order to produce a large quantity at a density of about 76 degrees, which is excellent for motors, refiners start their process at approximately 90 degrees density. It is almost impossible for an owner to make a private test of the quality of his gasoline or oil, as expensive Instruments and testing paraphernalia are necessary. Probably the only simple test to determine the amount of carbon in the gasoline or oil is to burn it in a pure white plate and note the amount of soot left on the surface of the plate. Comparisons can be made between kerosene and gasoline, and it will be found that the kerosene will leave a great deal of carbon, which is one of the important elements In creating light. Gasoline of 76 degrees density will not leave much carbon. So far it is not known that even the most unscrupulous dealers have attempted to adulterate gasoline. There is nothing which will mix with it except kerosene. Gas is usually tested by professional analysis by means of a hydrometer, a glass instrument which must be handled by experts. It Is used to take gravities, and the process is not a safe one to carry on within a building unless one has had considerable experience. If the test is made in the open air a false state of density Is obtained. What is commonly called neutral oil Is supposed to be decarbonized as far as possible. As has been already remarked, the' market is filled with oils with attractive names, some culled from the Greek and some from the vaudeville. Names, of course, mean little unless they are backed by firms which represent both honesty and skill in manufacture. Experts can detect the quality of fuel largely by the odor coming from the exhaust There is what they call "the sweet odor," which sometimes denotes high quality, and this is graded down to something which resembles a breeze from Bavonne. Poor fuel gives oft a rather sickening odor, while what Is known as "sweet fuel" has little or no odor, although the exhaust is emitting a dense smoke.?New York Sun. 8hooting Murderers.?Convicted murderers in Nevada may choose whether they shall be hanged or shot. The law, which became effective last January, will be applied next Sunday in the case of Andrew Mlrcovlch, a native of Austria, who replied to the court which sentenced him: "I prefer to be shot." A third method, that of administering a potent poison, was discussed in Nevada's legislature, but not enacted. Hanging is a relic of the mediaeval punishments by public exposure. As men are no longer put in stocks, no longer drawn and quartered, and as their heads and other members are not now considered omameits in public places, we suppose that nooner or later the ceremony of har.glng will be dispensed with in all civilized coun- 1 tries. Shooting is also spectacular, and the condemnation to swallow poison, though honored by the illustrious example of Socrates, Is revolting to J modern sensibilities. Under a military regime shooting would be an appropriate form of punishment, but we hardly think that the Nevada substitute for hanging is fitting under a civil ad- 1 ministration of the criminal law. It 1 mlgnt tend to mane ine convict ieei like a hero and to pose as one, thus robbing the execution of the effect of a bad example. New York's electric chair, being certain, scientific and prosaic, is better than the hangman's noose and trap, and better than the unsteady aim of riflemen. Saving the Day.?Clergymen's wives must have one quality above all others ?tact. The wife of Dr. Locke, a popular London preacher, had tact and, what was quite as valuable in one instance, at least, quickness of wit. One day Dr. Locke noticed a lady, whom he much disliked, coming up his front steps. Hurrying upstairs and taking refuge in his study, he left his wife to entertain the caller. Half an hour later he emerged from his retreat, listened carefully on the landing, and hearing nothing below, called down to his wife, "Has that horrible old bore gone?" The objectionable lady was still In the drawing room, but Mrs. Locke proved equal to the situation. "Yes, dear," she called back, "she went long ago! It is Mrs. A. who is here now."?Youth's Companion. "MUNCHAUSEN OF THE WEST." How Davy Crockott, Amarican Pionaar Acquired Hia Famous Nickname. Davy Crockett, one of the most picturesque characters In the early political history of this republic, was called the "Munchausen of the West," for the reason that he was somewhat famous for his eccentricities, but with a rare fund of humor, much common sense and addicted not infrequently to the telling of improbable storlea. Baron Karl Munchausen was a German soldier in the Russian service against the Turks. A collection of stories ascribed to him, written by R. E. Raspe, was published in England in 1785 as "Baron Munchausen's Narrative of His Marvelous Travels and Campaigns in Russia," since which time his name is proverbially associated with absurdly exaggerated stories of adventures." For this same habit of Crockett's he has received his famous nickname. Crockett was the uneducated son of an Irlah Immigrant, who, after fighting In the Revolution, had settled In the Tennessee forests and there opened a backwoods tavern not far from Knoxville. During his early years "Davy" worked as teamster, hatter's apprentice, trapper and huntsman. When he was 16 he went home, found his father deep in debt and toiled for another year or two to wipe out every dollar of the indebtedness. Then he went to school for a few months, but had barely learned .some of his letters when the "call of the wild" started him out in search of new adventures. By 1812 he had acquired fame as one of the most daring huntsmen and Indian fighters in the southwest So when he arose to address his fellowpioneers he was listened to with eager attention. In a few rough, forceful sentences this backwoodsman, who could scarcely write his own name, set clearly before his audience their duty to their country. His speech, more than any other man's eloquence, is said to have carried the victory. He concluded with his immortal advice to the wavering element of the frontiersmen: "Be sure you're right, then go ahead." The simple maxim spread like wildfire through the southwest. It was the sort of talk rough men could understand; an axiom to live up to. It was on the lips of hundreds who hastened to enlist In the War of 1812. Davy Crockett's whole life was in a sense wildly romantic, and yet there was a fine conservative balance in his makeup which won for him the confidence of all men. He was probably as great a hunter as Daniel Boone, but he had a broader vision than the latter and was more ambitious. Two years after the war he lived In quiet contentment on his frontier farm. Then he began to mix up in politics, first by being appointed mag iatrate and then squire. In the latter | position, as he was obliged to write! out his warrants, he took to the study I of writing, for he could Just barely I write his name at this time. In a I short time he was able not only tol write these warrants, but also to keep! his own record books. This led later! to his announcing himself as a candldate for the legislature. 1 When he plunged Into the campaign I his methods were so unique that he I easily defeated his opponent. He had! barbecues and shooting parties and] dancing parties, and his witty speeches J at these events became the talk of the! state. He would travel on horseback! with a big "twist" of tobacco In a| pouch on one side of him and a big! flask of whisky In a pouch on the oth-1 er side. If he met a man on the road I he offered him a drink. As all the! backwoodsmen chewed tobacco the! man usually had to throw away the! chew before he took the drink. After! the drink Crockett offered the man a I chew from his "twist" of tobacco. "Sol I always left a man as good as l| found him" was Crockett's naive way! of putting it I' After he was defeated for a fourth! term in the legislature and took again I to the wild Is when Crockett develop-11 ed his greatest faculty for story tell-1 ing. During his hunts he averaged a I' bear a day, and would almost meet! them In a hand-to-hand encounter. I These stories as told by him of his en-11 counters were hair-raising and almost 11 blood-curdling. It is stated that dur-11 ing his first fall and winter's hunt! Crockett killed 105 bears. Finally growing tired of this wild!1 life, Crockett returned home and was!1 elected to congress when he was 411 years of age. In 1827. This had been 11 his ambition for a number of years. 11 With this election "Davy" became a! 1 national figure. When he reached the 1 national capital in his crude dress he I' attracted no end of attention. The! 1 most absurd stories were told of his 14 prowess with gun and knife, and there 11 was scarcely anything said of him tool' wildly improbable to believe. The ad-l1 ventures of the German officer, from 11 whom he obtained his nickname, were!' not duplicated in those told by and of!' the Munchausen of the West. "Davyl( Crockett Almanacs" and lives of "Col-11 onel Davy Crockett" were sold broad-11 cast, and he was credited with sayings I \ of which he never dreamed. For two terms Crockett served inl congress, and was re-elected for the 11 third. Then he decided upon a visit Jc to the north, and when he started on 11 his famous tour he was probably the!1 most-talked-of man In the country, I' and he was lionized as have been but 11 few men. % 11 This tour was begun on April 25,1' 1834, from Washington, Baltimore be- ! Ing the first step, then Philadelphia. 11 New York, Boston and then Lowell, 1 and upon his return he went as far as I ' Philadelphia and then west to Pitts-|c burg, where he was warmly received, I * and went down the Ohio, touching at JT the various cities, and thence down 11 the Mississippi to his home in the * woods. , He had had a great time In the! north, but his constituents did not like!1 the Idea of "the plain Davy" mixing!' with the aristocrats, nor did they like His UlIICI atvovno vn * * vutv>v?? ?? ?son, and when he came up for re-elec- * tlon he was badly defeated. The Munchausen of the west was * now 50 years of age. His defeat for a fourth term In congress completely stunned him for the time being, and 8 realizing that his political career in ' Tennessee was ended he set to thinking as to where he should go. The disturbed condition In Texas 1 inswered this question for him. That v was the land of opportunity, he felt. y for the adventurous. When he reached that country he had been preceded v by at least 20.000 dare-devils from all parts of the south and west. His first t, ocation was at Ft. Alamo, in San An- h tonlo, where he was warmfy welcomed. Probably no more desperate and adventurous a band of men was eve* n gathered together than the 185 men who sold their lives so dearly when ? his fort was reduced by Santa Ana. j _ The Mexicans day after day stormed the fort, and for eleven days the brave J| men were able to repel the attacks, until they were completely exhausted and without provisions. Finally the eventful 6th of March came and the brave little band who so gallantly defended the fort saw the sun rise for the last time. The Alamo was carried by assault Colonel Bowie, dying of disease, fought to the last. Five Mexicans were dead at the foot of his bed. One lay dying across Bowie's body, slashed by the dying man. whose terrible knife carried death at every blow, Travis, another of the heroes, had been killed the day before. Of the whole garrison only six remained when the Mexicans Anal ly gained admission to the Alamo? % Crockett and five otheru. Where Crockett stood when he was taken there lay about him at least 20 Mexicans, dead or dying. When unable to use his rifle Davy had used a bowie-knife. At last bayonetted and ^ weak from many wounds he had been overcome. The following day he and his Ave companions were shot to death by order of Santa Ana. Within one year of what he thought was his crowning disaster Davy Crockett had H become one of America's immortals Thus was rung down the curtain In the picturesque career of Davy Crockett, whose life makes very much more interesting reading In its realities than the fictitious stories of the adventures of the Baron Munchausen, for whom he was nicknamed?the Munchausen of the West.?New Orleans TimesDemocrat BARBARY PIRATE8 * These Fiends Terrorized the 8ea For Five Centuries. Those pests of the sea, the Barbary pirates, who defied the civlized world A for 600 years, had at one time 40,000 Christian slaves In bondage In Algeria. The methods by wbich they were obtained and how treated are described by Sir Henry Norman in Scrlbner's Magazine: "Ships were seised in all European waters, even off the coast of Ireland. and their crews taken into slavery. So jpP were the creWs of vessels which came to trade. When any state attempted punishment the consul of that country flH was sent to the galleys, and Sir Lam- 9H bert Playfalr, British consul general and erudite author of Murray's 'Handbook,' tells us that in one Instance on the approach of a French fleet their representative was blown toward them from a mortar. Cervantes himself was a slave there in 1566. "In the seventeenth century the Algerine pirates held prises worth 20,000,000 francs. Again and again the Christian powers of that and the next ^iiiui/ ioiicu iu lUUit'i ? IHSUIIK urfeat upon this 'scourge of Christendom.' The British parliament passed ?. an act to *undertake the Chri a work of the redemption of the captives from the cruel thralldom they lay under,' but its intention exceeded its power, for not long afterward S60 Engllsh ships were captured and ?, <) < English slaves brought into Algiers in the space of seven years, and when after Ave years' war between England and the pirate state a peace was signed the dey refused to surrender a single English slave, and the treaty had a clause to the effect that "the king of ^ Great Britain shall not be .obliged by virtue of this treaty to redeem any of his subjects now in slavery,' probably the most degrading treaty, as Sir Lambert Play fair remarks, ever signed between England and a foreign power. 4 "At one time 40,000 Christian slaves 1 were in bondage in Algeria, of all the nations of Europe, many of them men of rank, learning and piety and all of them suffering dally the most cruel hardships, starvation and torture. One would have expected the Christian nations to join forces for one object at ^ least and wipe this puny pirate state off the earth, yet for 500 years Barbery held them at bey. "Just as the c'i sailors' chantry about "the coa'it of tie wild Barbaree' took its orlgl-i <n the terrors of that % coast, so the religious order of the Fathers of lh" Itcden. ptlon was originally foun ie\ to colirjct alms for the ransom of ie Algerian slaves, and ( many A its members, with perhaps the nobl. at Christian charity on record voluntarily shared the lot of the captives for the comfort they could give and the services they could render in negotiations of ransom. "One ghost of all these unhappy thousands takes literally concrete shape. An Arab Christian named Geroulmo, taken as a baby hy Spanish loldiers and educated by the vicar gen-^ *4 sral, was captured by the pirates during a raid. As a renegade he was, of course, the subject of the utmost per-i secutlon, and when no inducement or suffering could make him apostalixe lie was at length offered by the dey 1 the choice of being thrown alive Into ? \ mold of concrete which formed part if the foundation of a new bastion or if embracing Islam. He choose the martyrdom and was flung Into tht? mold with his hands tied behind him md the concrete poured over him. Thia waa in 1569. "In 1612 a Spanish Benedictine fa:her wrote a history Of Algiers in the f course of which he narrated at length ^ ' he martyrdom of Oeroulmo and de- _. icribed particularly the situation of the >aatlon in which his body lay. In 1647 L translation of this passage was pubished in an Algerian newspaper, and t, n 1853, when the old fortress was itroyed, search was made. Exactly as iad been described the skeleton was llscovered, and on plaster of parls be- ^ ng poured into the impression in the :ement the figure of the martyr emerged, the hands tied behind it. nuch as he had been three centuries >efore. The pastor cast Is today in he Bibllatheque musee." Worth All It Cost.?Commander R. I. Greene of the G. A. R. was narratng war stories In Phoenix. * "In a Phoenix hotel smoking room ine night," he said, "a number of vet- ^ srans got into a dispute ou the battle ?f Bull Run. The veterans?all men of ilgh rank?argued very turbulently. "But a quiet man spoke up and said: y "Gentlemen, I happened to be there, tnd I think I can settle the point at Bsue.' "And settle it he did. He settled it n a masterly manner^ The hotel proprietor, much impressed, said to him irhen he got through: "My dear sir, what may have been -our rank In the army?* "I was a private, sir, a full private,' yas the calm reply. "A short time afterward the full priate asked for his bill, as he was about ? o depart, but the proprietor said to iim: " "Not a cent, sir! Not a cent! You we me nothing.' " 'Why, how is that?' the other demanded in bewilderment " T couldn't dream of charging you. ^ ir,' said the proprietor warmly. "You .re the first private I have ever met.'" -Los Angeles Times,