decision of the lower court. The opinion of the supreme court, delivered by Judge Calhoon, reads, in part, as follows:

We do not think it proper to reverse, under the conflict of the evidence as to whether the death resulted from the injury or another cause; the more especially for the reason that the widow sued both for death and for pain and anguish between the injury and the death. This she could do under the statute of Louisiana (Pamph. Acts 1574, p. 94) in that State, wherein the damage was done; and, by comity, she may do so here. Since this case is controlled by the law of Louisiana, in the absence of any express statute there like ours on the subject of fellow-servants, we look to the decisions of her supreme court to ascertain her law, and we find them uniformly holding to the doctrine that the conductor is a vice-principal, and that the company is personally present in him and affected by his negligence. This being true, it seems immaterial that the decisions here expressly follow the Supreme Court of the United States, which has receded from that holding. Affirmed.

EMPLOYERS LIABILITY-RAILROAD COMPANIES-RELEASE OF CLAIM FOR DAMAGES-Jeffreys v. Southern Ry. Co., 37 Southeastern Reporter, page 515.-Action was brought by S. B. Jeffreys against the abovenamed company to recover damages for personal injuries incurred by him while in its employ. He sustained injuries while on the defendant's train on March 8, 1897, and subsequently, on October 30, 1897, he was injured by stepping into a hole in the platform of defendant's depot. On this latter date he executed a release of his claim for damages, and in the trial of the case in the superior court of Guilford County, N. C., this release was construed as a release of his claim for damages for the injuries incurred on both the above-mentioned dates, and a judgment was rendered in favor of the defendant railroad company. The plaintiff, Jeffreys, appealed the case to the supreme court of the State, which rendered its decision December 19, 1900, reversing the judgment of the lower court and ordering a new trial upon the theory that the release could only be construed as a release of the claim for damages for the injuries incurred upon the latter date, October 30, 1897. The opinion of the supreme court was delivered by Judge Douglass, and reads in part as follows:

As this case depends entirely upon the construction of a written instrument, it seems proper to set out the entire instrument. We have placed in parentheses the only section that can by any possibility afford a basis for the contention of the defendant, and have italicized some important words. The alleged release is as follows:

"Southern Railway Company. To S. B. Jeffreys, Dr. Address, Greensboro, N. C. Payable to S. B. Jeffreys. Address, Greensboro, N. C. Know all men by these presents, that, for and in consideration of the sum of forty dollars, to me paid by the Southern Railway Company, the receipt whereof is hereby acknowledged, I, the undersigned, S. B. Jeffreys, do hereby release and forever discharge the said

Southern Railway Company and the North Carolina Railroad Company rom any claim, demand, or liability for payment of any further or ther sum or sums of money for and on account or growing out of the ollowing-mentioned matter and claim, viz:

1897.

Det. 30. For all damages and claims for damages for injuries received on the night of October 30th, 1897, caused by stepping in a hole in platform on south side of old freight depot, Greensboro, N. C..

$40.00

This in full and final settlement of all claims of any nature whatever arising from above-mentioned accident.

"And in consideration of the payment of said sum of $40.00 to the above-named payee, evidenced by my signature to the receipt hereto below annexed, I, S. B. Jeffreys, do hereby promise and agree that said payment and receipts shall and will operate as a full and complete release, discharge, and satisfaction of any, every, and all cause or causes of action, claims, and demands against the said Southern Railway Company or the North Carolina Railroad Company arising or growing out of the cause or matter above set forth, and also as a perpetual bar to any warrant, suit, or other process or proceeding for the collection or legal enforcement thereof, or to any claim or demand for damages under and by reason of the provisions of any statutory enactment whatsoever, or at common law, or otherwise, for the results or in consequence of the said personal injury to me, the said S. B. Jeffreys, which may have been or may be asserted or instituted. And this agreement shall further operate and be in full discharge, satisfaction, compromise, settlement, and bar of any claim, demand, warrant, remedy, suit, or proceeding which may have been instituted by me and be pending before any court or tribunal against said companies, or either of them, or of any judgment, order, or decree which may heretofore have been entered or obtained in my favor against said companies, or either of them, for any sum arising or growing out of the claim or demand set forth above. (It being hereby expressly declared to be the intention of this instrument to forever release the said Southern Railway Company and the North Carolina Railroad Company from any and all other claims, demands, or rights of action of every nature originating prior to this date, because of any like cause or causes of complaint.) And it being hereby expressly understood and agreed that neither of the above-named companies is under any obligation or requirement to take or retain me in its employment or service in any position or capacity whatever. Given under my hand and seal this 9th day of December, 1897. S. B. Jeffreys. [Seal.] Witness: W. A. Wingate. Witness: Robert Chris

mon.

"Certified to as correct. Jas. D. Glenn, law agent; N. J. O'Brien, superintendent; Chas. Price, div. counsel.

"Approved. W. A. Henderson, asst. general counsel.

"Examined and entered. H. I. Bettis, auditor of disbursements. A. D. M.

"Audited. F. W. Crump, asst. auditor. M. C. M.

66

'Approved for payment. S. Gannon, third vice-president.

"Received Dec. 30, 1897, of the Southern Railway Company, forty dollars, in full for above account. $40.00. S. B. Jeffreys. Witness: W. E. Coffin, agent."

66

It will be seen that the clause relied upon by the defendant does not pretend to be in itself a release of anything, but simply undertakes to construe the foregoing clauses in a manner directly contrary to their letter and spirit. It says that a release which by its express terms is confined to injuries received on the night of October 30, 1897, caused by stepping in a hole in platform on south side of old freight depot, Greensboro, N. C.," shall be taken as intending to cover all other injuries arising from any like cause of complaint. It further construes "any like cause of complaint" as meaning any kind of personal injury. If it so intended, why did it not say so in plain words, and simply say: "In consideration of the payment to him of forty dollars in money. S. B. Jeffreys hereby releases the Southern Railway Company from all claims whatsoever for damages for personal injuries of any nature received by him at any time heretofore through the negligence of the said railway company or any of its employees." Such a release would have required fewer words and less trouble, and would have been less liable to misconstruction. It is evident that this release was not written by the plaintiff. It bears on its face unmistakable evidence of its origin. It was probably a printed form prepared with great care by the defendant for the purpose of meeting all possible contingencies, foreseen and unforeseen.

As it clearly appears that no other part of the paper even pretends to release any claim for injuries received by the plaintiff on March 8, 1897, it follows that the clause in question is a separate and independent release, if a release at all; that is, if it releases anything, it must release a separate and independent cause of action, not alluded to in any other part of the contract. It is, therefore, if viewed as an additional release, wholly without consideration, as the contract distinctly states that the $40, the only consideration therein mentioned, was paid on account of the injuries received on October 30, 1897. Being, at best, equivocal in terms, and utterly without consideration, should it be upheld as construed by the defendant? We think not. The receipt of the plaintiff at the bottom of the contract expressly states that the $40 is in full of above account;" the only account stated being that for injuries received on October 30, 1897. We are clearly of the opinion that the legal effect of the instrument is to release only the cause of action therein specifically set forth. We think that the contract itself, on its face, does not amount to a release of the present cause of action. Therefore there was error in nonsuiting the plaintiff in the court below, and a new trial must be ordered.

LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896.

[The Second Special Report of the Department contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.]

CALIFORNIA.

ACTS OF 1901.

CHAPTER 23.-Bureau of labor statistics.

SECTION 1. A new section shall be added to said law, to be known as section twelve, which section shall read as follows:

12. Whenever complaint is made to the commissioner that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons, or ropes of any swinging or stationary scaffolding used in the construction, alteration, repairing, painting, cleaning or painting of building are unsafe or liable to prove dangerous to the life or limb of any person, such commissioner shall immediately cause an inspection to be made of such scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith. If after examination such scaffolding or any of such parts is found to be dangerous to life or limb, the commissioner shall prohibit the use thereof, and require the same to be altered and reconstructed so as to avoid such danger. The commissioner, deputy commissioner, or agent or assistant making the examination shall attach a certificate to the scaffolding or the slings, hangers, irons, ropes or other parts thereof, examined by him, stating that he has made such examination and that he found it safe or unsafe as the case may be. If he declares it unsafe, he shall at once in writing notify the person responsible for its erection of the fact and warn him against the use thereof. Such notice may be served personally upon the person responsible for its erection or by conspicuously affixing it to the scaffolding or the part thereof declared to be unsafe. After such notice has been so served or affixed the person responsible therefor shall immediately remove such scaffolding or part thereof and alter or strengthen it in such manner as to render it safe, in the discretion of the officer who has examined it or of his superiors. The commissioner, his deputy and any duly authorized representative whose duty it is to examine or test any scaffolding or part thereof as required by this section, shall have free access, at all reasonable hours, to any building or premises containing them or where they may be in use. All swinging and stationary scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom and placed thereon, when in use, and not more than four men shall be allowed on any swinging scaffolding at one time. SEC. 2. This act shall take effect immediately.

Approved February 20, 1901.

CHAPTER 25.—Examination, licensing, etc., of barbers.

SECTION 1. It shall be unlawful for any person who is not, at the time of the passage of this act, engaged in practice as a barber in this State, to commence such practice unless he or she shall have obtained a certificate as hereinafter provided.

SEC. 2. A board of examiners, to consist of three persons, is hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this act. Said board shall be appointed by the governor within thirty days after this act takes effect, and the members of said board shall be appointed by the governor from competent barbers of the State of California at large, and the members of said board

shall be appointed respectively for one, two, and three years, as specified by the governor in his appointinent, and each shall hold office until his successor is appointed and qualified, and every member of said board shall take and file, in the office of the secretary of state, the constitutional oath of office before entering upon his dutes as such examiner.

SEC. 3. Said board shall organize and shall choose one of its members as press ident, and one as secretary, and one as treasurer. Each member shall file with the secretary of state a bond with sufficient sureties to the people of the State of California in the penal sum of one thousand ($1,000) dollars, to be approved by the secretary of state, conditioned that he will well and truly pay over all moneys received by him in compliance with the provisions of this act, and otherwise faithfully discharge the duties as such. Vacancies upon said board, caused by death, resignation or otherwise, shall be filled by appointment by the governor from the same class of persons to which the retiring member belonged. Said board shall have its headquarters at San Francisco; shall have a common seal, and the members thereof and each of them shall have power to administer oath and take testimony in all matters in relation to their duty. A majority of said board shall constitute a quorum, and said board may adopt such rules, from time to time, as may be necessary to the orderly conduct of all proceedings taken and had before it.

SEC. 4. Each member of said board shall receive a compensation of four $4, dollars per day for actual services rendered as a member of said board, and ten (10) cents per mile for each mile traveled in attending the meetings of said board; which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemized and verified claim therefor being filed with the secretary by the member claiming the same; but in no event shall any part of the expenses of the board, or of any member thereof, be paid ont of the State treasury.

SEC. 5. Said board shall report to the legislature of this State, at each of its regular sessions, a full statement of the receipts and disbursements of the board during the preceding two years, and also a full statement of its doings and proceedings, and such recommendations as to it may seem proper looking to the better carrying out of the intents and purposes of this act. Any sum in excess of two hundred and fifty dollars, which, under the provisions of this act, may accumulate at any time in the treasury of said board, shall be paid by the treasurer of said board to the State treasurer, to be retained by him as a special fund for the future maintenance of said board, to be disbursed by him upon warrants signed by the president and treasurer of said board and under the seal thereof, after having been audited and approved by the State board of examiners.

SEC. 6. Said board shall hold public examinations at least three times in each year in at least three different cities in this State at such times and places as it may determine, notice of such meetings to be given by a publication thereof, stating the time and place when such examination will be held, and such notice to be published in at least one newspaper of general circulation in the county where such examination is to be held. The said board is authorized to incur all necessary expenses in the prompt and official discharge of their duties, and pay the same out of any moneys in the hands of the treasurer of the board, or of funds placed in the hands of the State treasurer as aforesaid.

SEC. 7. Any member of said board, when the board is not in session, may examine applicants, and in case an applicant is found competent, grant him a certificate of qualification, permitting him to practice barbering until the next regular meeting of the board, and no longer, upon the payment of a fee of one ($1) dollar, which money shall be turned over to the treasurer of said board. But no person, who has been rejected by the board, shall be granted a certificate except upon the signatures of two of the members of the board.

SEC. 8. Every person now engaged in the occupation of barbering in this State, shall, within ninety days after this act takes effect, file with the secretary of said board an affidavit setting forth his name, residence, and the length of time during which and the places where he has practiced such occupation, and shall pay to the treasurer of said board one ($1) dollar, and a certificate of registration, entitling him to practice said occupation, shall thereupon be issued to him.

SEC. 9. It shall be the duty of the board of examiners to forward to the county clerk of each county in the State, a certified list of the names of all persons residing in his county, who have registered in accordance with the provisions of this act, and it shall be the duty of all county clerks to register such names in a book to be kept for that purpose.

SEC. 10. Each person, on filing his application for examination, shall pay to the treasurer of said board the sum of five ($5) dollars, which sum shall be returned in