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“Unfortunate? Why unfortunate? If hind his smooth young brow. He was not you mean because my father did n't-" a genius like his father, nor a fine brave
“Don't be a goose," I said, severely, for creature like his mother, but there was after all he was only twenty and I over good stuff in him. fifty. “I mean to say, that I consider Mrs. Presently he said, slowly, "I see what Pegram to be deserving of pity in that she you mean.
you mean. You want the chapter to reis the mother of a rude and bad-mannered main untouched ?" youth like you. If my son behaved as you “Yes. It seems to me to be best for have done to me, a perfect stranger, during everybody that it should." the last five minutes, I'd—”
“But he did love Mother. And she—" "Well,” he asked, sulkily, “what would “I know, my dear Godfrey," I interyou do to him?"
rupted, paternally, "I know. And I must "Spank him," I returned, firmly, in- tell you that Mrs. Pegram seems to me to wardly chuckling, for my son happened to be worthy of the love of even a finer man be at that period just four years old. To than Clandon." my relief, young Pegram burst out laugh- "And-he loved us us children, I ing. He was not a bad-looking boy, but I
He came here every week of his could see that things had embittered him, life, if not oftener. And-am quite old and I did not altogether wonder.
enough to remember his manner to my "Look here," I said, seriously, "your mother. I know! Besides, only a little mother is one of the nicest women it has while before he died, he sent for me. I ever been my good fortune to meet. Your was the last person he ever sent for, besides father, of course, is one of England's glo- Mother! And he told me then that—that ries. I do hope you are not going to belie she was the only woman he had ever cared them.”
for.” He broke off, choking a little. “Then Then, for an inspiration had come at when that book came out, and I saw that last, I hurried on, “I have come to ask a every one credited Mrs. Herraday with great favor of you, not of your mother, what had been my mother's—I-I—" mind you, but of you. And you are, I am "Very naturally you doubted whether sure, man of the world enough to under- your father had told you the truth. Well, stand me.”
your mother will have told you what Mrs. Then I told him the absolute truth Herraday told her, -on her word of about Mrs. Herraday, painting her with honor.” the utmost sincerity but appealing for her,
"Yes, I know." victim of her own foolishness, to Godfrey “Then, don't you see, that your knowPegram, in whose veins ran such fine blood. ing the truth, and your mother and your
“It hurts no one, that chapter," I said, sisters knowing, makes it all right? And "but you. If he had wished to—to ac- remember another thing: Mr. Cave does knowledge you as his illegitimate son-and n't say in so many words that your father mind you, it 's your mother's fault that he wished to marry Mrs. Herraday. It is did not marry her years ago, he would only inferred.” have done so. Another sting. You know “It 's the same thing,” he answered, reahow curious people are. If it comes out sonably, and before I had to reply to this that those letters were written to some un- remark, Mrs. Pegram came in. known woman, some busybody will make She looked in her plain black houseit his or her business to find out who the gown, her still glossy dark hair carefully unknown woman is, and will find out, too. arranged, younger and less piteous than she Then your mother will be tormented to had done in Queen Anne's Gate. Evideath by reporters and photographers, his dently she had derived comfort from Wilname will be bandied about as having ill- mot's declaration about Clandon. And on treated the woman he loved and—” this occasion she possessed, moreover, the
To my relief, for I felt that I had done dignity of a woman under her own roof. well and feared spoiling my plea if forced We shook hands and then, producing by his silence to go on, he interrupted me. Mrs. Herraday's letter, I watched her
"Wait a minute," he said; “I must while she read it. think.”
In silence she handed it to her son, and I could see the thoughts working be- while he read it, we exchanged a glance.
"It seems true," the young man said, her. Godfrey's right hand lay on her not over-graciously, after a pause.
shoulder. “Of course, it 's true, Godfrey," she “Don't, Mother, dear,” he was saying, answered. “I told you what the lady“I'll do whatever you think he'd have told me. And besides, you had no right liked, of course.” to doubt—'im."
I looked out of the window and counted To do the boy justice he did not wince two cabs and a taxi pass before I looked at her lapsed 'h,' though his own h's were round. irreproachable.
Then Godfrey approached me. “We "Mr., this gentleman," he said, have talked it over, sir,” he said, simply, slowly, "wants us to let the chapter stay “and Mother thinks he would n't 'like it' as it is.”
if we-if we caused the lady who was his "Oh?" she asked, turning to me. friend any annoyance. So—the chapter
And then I said to him, as the door may stay as it is.” again opened and an extremely pretty girl I thanked him and then turned to Mrs. came in, “Will you tell your mother Pegram, whose face was still wet. what I have asked you to do—and what “I thank you very much,” I said ; "and you have decided ? Meantime,” to the. I am sure you are right. For though Clangirl, “I am sure you are Miss Grace. don did not love Mrs. Herraday, he cerPowell?”
tainly liked her very much, and in his illShe was, and said so very charmingly, ness she did her best to be of use to him—" and taking me to the window, shyly, in “I know. Miss Clandon told meanswer to my request, allowed me to look only I don't like the letters—I don't like at her sketch.
people to think they were sent to her." It was curious to be talking to Godfrey "But they were n't, Mother, dear," I Clandon's daughter, whom her mother heard Grace Powell whisper, "and as had called after my favorite among all his long as we know, what does it matter?” heroines.
This was the comfort I left with them. I mentioned the book to her, and she Wilmot Herraday's relief was, of spoke quite simply of her father and of her course, great, and I was as naturally repride in him. “It 's eight years,” she lieved for her. But my real sympathies said, "since he died, and Mother is begin- were, and have remained, I confess, at ning to cheer up a little. He used to come The Laburnums. I have never been back every Sunday, so Sunday is our worst day, there, nor seen any one of the Pegrams but - I hope she will soon get used to it.” since. I dare say they do not even know
"A terrible loss," I assented, gravely. my name, for I had no card, and the maid
"You 've not seen Geraldine?” Grace is pretty sure to have muddled it, and yet Powell asked me.
I always feel that they are there-round "No."
the corner, so to speak. They have re“She is so like him! Mother, is n't mained in my mind with remarkable disGeraldine exactly like Father? Oh, she's tinctness, Mrs. Pegram, and Godfrey, and crying—" the young girl went swiftly to Grace Powell, -even the Geraldine, “so her mother and put both arms round like him," whom I never saw!
S the apostles of scientific manage- more enlightened labor leaders and "char
ment have shown us we Americans ity workers.” The business community, have wasted foolishly in the individual if it noticed the problem at all, was deadprocesses of our industry. In the whole set in opposition. Five years ago, a few body of our industry we have often business men awoke to the fact that a wasted, not only foolishly, but cruelly, scientific system of working-men's comand nowhere more cruelly than in the mat- pensation must come in this country, as it ter of provision for the wreckage of in- has come in Germany, England, and dustry, the killed and wounded in our in- France. Now, employers as well as emdustrial warfare. Nearly every year, per- ployees are working to hasten the new ils inevitable to an age of industry kill era; a stable and just form of industrial their thousands, and maim their tens of indemnity is coming with a rush. Three thousands. The railroads alone return an great corporations- the United States unusual list of killed and wounded em- Steel Corporation, the International Harployees which would match well with real
vester Company, and the Cheney Silk warfare. We have recognized dimly that Mills— have instituted voluntary systems either society or the industry in question of working-men's compensation. Oregon, owes to this wreckage some form of sup- Montana, and New York, with the coport for crippled, impotent years, or for a operation of the more enlightened among new generation of unprotected survivors. their employers, have passed more or less But we are struggling along on a system complete laws embodying the principles of compensation for industrial accidents which Germany and England have incorwhich is a relic of the old hand-labor days, porated into their codes. Nine other states and which has worked out into a tangle of have statutes on the new plan before their law, highly expensive, incredibly compli- legislatures. At least twenty more are cated, and decidedly unjust. All the so
studying the matter through commissions called progressive nations entered the era
or committees. The National Association of specialized labor and machine produc- of Manufacturers, the implacable enemy tion with legal principles similar to ours; of Union labor, has passed resolutions inall but the United States have either dorsing in a general way the principle amended them or changed them utterly to which Union labor was first to advocate. fit the necessities of the new age.
And at present the only active opponents Ten years ago, the demand for a basic of a modern employer's liability law are a change in the spirit of our law of accident few old-time manufacturers, who can see compensation proceeded solely from the nothing but next year's dollar, and the
more fanatical or unscrupulous labor lead- in the same employ left the manhole open, ers, who wish to retain the old code of the injured man had no action in lawlaws with all protection for the employer for the offender and the victim were felremoved. On this wing of the firing-line, low-servants. If an outsider fell into that the battle between the capitalist and the manhole, however, he could recover damlaborer has narrowed down to a contest ages no matter who left it open; for in over the terms of the agreement.
that case the offender was an agent of the What is the basis, and what are the employer, not a fellow-servant. That determs, of the present law of employer's cision, so carelessly conceived that Lord liability which afflicts American industry Abinger called the butcher and the baker so grievously? This we must understand fellow-servants with the butler and the before we can understand the new plan cook, came over into American law. At and the new era in the relations between one time or another the fellow-servant the toiler and the employer. Expressed in principle prevailed in all our states. To terms of a layman, our laws, based on the this day, it remains in most of them. English Common Law, generally declare Our State Supreme Courts have difthat the victim of an injury may receive fered widely in their definition of this doccompensation through the courts from any trine. In one state, a fagman is a fellowperson whose carelessness or criminal in- servant with an engineer. In another, he tent has caused his injury. The employer is a part of the management. In the first and the employee stand on equal footing case, an engineer injured because the flagbefore this law; in the sight of the State man is “asleep at the switch,” cannot rethey are separate individuals. Another act cover, though his passenger can; in the of common law declares that the principal other, his suit against the company is as is responsible for the act of his agent. A good as the passenger's. railroad switchman, for example, is an There is little doubt that Lord Chief agent of the railroad company. So far, Justice Abinger had domestic service if any one, either passenger or brakeman, mainly in mind when he laid down his is killed or injured by the negligence celebrated principle; and applied to doof a switchman, the company should be mestic or simple agricultural service, there liable.
is justice in it. Where the processes are This basic law recognizes, however, the few and simple, where every man knows principle of “contributory negligence.” his fellow-servants
, their faults and pecuThe fact that the victim, by carelessness, liarities, the workman may be expected to by the lack of proper precaution, contrib- look out for himself. And, indeed, in that uted to his own injury, may be used to period industry had not gone very far bedeny him damages or to mitigate them. yond hand labor. But the era of specialThis is the first instrument employed byized labor, of extreme complex machinery, lawyers to pervert law to injustice; it is was arriving even then. Industrial socistill the stock defense of corporation claim ety became highly interdependent. The departments against personal injury suits. safety of John Dvorak, miner, lay in the In itself, however, it is just.
hands of a dozen men whom he did not In the dawn of specialized industry, a know, as, for example, the engineer who Lord Chief Justice of England laid down hoisted and lowered his cage. Men had a principle in the law of personal damage to accept employments which placed them suits which may be called definitely an in- at the mercy of fellow-servants in the next justice. Known as the “fellow-servant township or county. The electrical worker act," it became part of the English law at could not know for himself whether the the very time when industry was becom- engineer in the plant away up in the mouning specialized. The employer remained tains was likely to get drunk and send a responsible for the act of the agent, except
fatal current down a wire supposed to be in cases where the agent was a fellow- dead. The engineer of a through New servant of the injured person. That is: if York Central train could not know, upon an employer of a gang of shovelers left a leaving Chicago, that a fellow engineer at manhole open, and one of his laborers fell Syracuse had sat up two nights with a through it to his injury, the laborer could sick wife and was in no condition to read recover damages. But if another laborer the signals. The growth of modern in
dustry made this law an injustice almost aid societies formed for his benefit-charbefore it was firmly set in the statute acteristically ran to “shyster” lawyers, books.
who often invented for their clients cases This same complexity of modern indus- having no basis either in truth or in justry wrought another law, originally fairly tice. If the employer, with his claims dejust, into still another injustice. I refer partment, had nearly all the resources and to "assumption of risk.” By this basic the talent, the employee, with his shyster, principle an employee cannot be held liable had at least one strong hold--the sympafor injury received from a danger with thy of juries. “I'll get it before the which he is perfectly well acquainted. He jury," said the shyster in beginning a case. has the immemorial right to “quit.” That “Very well, I 'll appeal,” responded the principle worked well under hand labor claims agent. So the suits, gathering exand individual industry. For instance pense as they went, dragged over two, Farmer Jones keeps a dangerous bull in four, even five or six years, while a criphis pasture. John Smith, farm hand, pled laborer waited unproductive. And knows that the bull is dangerous. If he when a case was so clear and obvious that is ordered to enter the pasture, he can re- quibbles and appeals could not beat it, fuse; if necessary, he can give up his job; when the verdict of the jury was finally if he takes the chances, he does it at his nailed down hard and fast, then appeared own fair risk. But industry grew into war- another injustice, this time against the fare, returning its inevitable list of killed employer. Juries, when they could regisand wounded every year. In many com- ter their opinions, had a way of giving mon trades, it became necessary to assume ridiculously large verdicts. Awards of ten risks that lay in the nature of the calling, or fifteen thousand dollars for the disabled and he who was always watching for his limb of a two-dollar-a-day laborer have safety was an impossible workman. "Rail- not been uncommon. roading" is perhaps our one greatest spe- Then appeared the indemnity insurance cialized industry; and a cautious railroad companies, taking the matter further away man is a contradiction in terms. The pre- from a simple relation between employer vailing type of city building is erected on
and employee. These companies were maa steel framework; and the "bridgemen” chines. It became their business to pay who do this work must take all the chances the indemnity claims of the insured, and of a soldier. That is in the nature of the to keep these claims down by every
fair craft; a coward cannot become a bridge- method known to law. It was part of man. The grim giants of steel which are their policy to discourage the habit of the tools of our little bodies in this age, bringing suits for industrial accidents, to present so many complex possibilities of
make the way to verdicts seem as rough as going wrong that no workman may fore- possible. And they destroyed all feeling see their dangers.
of personal responsibility between the emBehold the law, as we carried it over ployer and employee. "I 'm sorry you got into an age for which it was never con- hurt, Jim," said the superintendent. ceived. Behold now what a mess we made “You 're a good fellow and a good workof its application:
I can't do anything for you, though. The injured workman had only one We 're insured, and we have to agree not recourse beyond the possible charity of
to give any special compensation. You 'll his employer — the courts. Obviously, have to sue; and I hope you 'll get somesince generally the employer was rich and thing." How this part of the system opethe employee poor, the former had all rated a modern instance will show. A the advantage in "good legal talent."
pressman, a good workman, much liked The attorneys of the company, the claims and trusted by the management, went department of the corporation, took ad- back to his shop on his Saturday half-holivantage of this complex, ill-conceived tan
day to repair a troublesome bit of his gle of laws to throw every obstacle in press. Part of the machine fell on him the way of even the most just claims. and killed him. It was rather a dangerous On the principle that the poor are woe- operation to perform alone; he must have fully given to the purchase of shoddy known the risk he took. Contributory goods, the working-man-in spite of legal negligence and assumption of risk prob