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About The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922 | View Entire Issue (July 31, 1913)
A Wonderful Pain Killer The greatest liniment ever manu factured, a wonderfully effective preparation. Especially effective for rheumatism, neuralgia, aclatlcn, lum bago, lame back, strains and a well luge, and all deep seated and mus cular pains. Meritol White Lini ment. K. J. I)RKNNYN, local agent. Advertisement July 3-31 It must be a diacouragemment to A man who founds a Hbrary o find o many people taking out rummer fiction Instead of books of serious Instruction. PROFESSIONAL DIRECTORY Rates: One-inch cards, 50 cents; two-inch cards, $1.00 BRUCE WILCOX Lawyer and Land Attorney Practitioner In civil courts since 1893 and Register U. S. land office from 1903 to 1907. Information by mall a Office In Land Office Building ALLIANCE : : NEBRASKA BURTON & WESTOV6R Attorneys at Law Land Attorneys Office First National Bank Building PHONE 180 ALLIANCE : : NEBRASKA H. M. BULLOCK. ATTORNEY AT LAW ALLIANCE NEBRASKA F. M. BROOME Land Attorney Long experience as Receiver U. S. land office Is a guarantee for prompt and efficient service. Office in Opera House Block ALLIANCE : : NEBRASKA WILLIAM MITCHELL ATTORNEY AT LAW ALLIANCE NEBRASKA C E. SLAG-LE, M. D. PHYSICIAN AND SURGEON Office phone 65 Res. phone 52 Alliance, Nebraska. Orle Coppernoll Res. Phone 20 F. J. Petersen Res. Phone 43 Drs. Coppernoll & Petersen Osteopaths Rooms 7, 8 and 9, Rumer Block PHONE 43 GEO. J. HAND, Physician and Surgeon EYE, EAR, NOSE AND THROAT H. A. COPSEY Physician and Surgeon Office Phone 360. Res. Phone 342 Calls answered promptly day and night from office. Offices: Alliance National Bank building over the Post Office. Paul W.Thomas INSTRUCTOR ON VIOLIN Phonel75 Alliance, Neb.jjjj Automobile aun dry Prices on application Work guaranteed Leonard Pilkington AT HEELER'S GARAGE EAT AT NohesCafe BUY Nohe's Bread Pure and Wholesome Dr. Oliver McEuen Physician and Surgeon SPECIALTIES: Diseases of women and children, and Genlto Urinary Or gan. All call answered promptly day or night HEMINGFORD : NEBRASKA HARRY P. COM LIVE STOCK AND GENERAL AUCTIONEER Farm Sales a Specialty TERMS REASONABLE PHONE 64 ALLIANCE : : NEBRASKA DH. 1. K. TYLKll Dentist PHONE 167 . OPERA HOUSE BLOCK ALLIANCE : : NEBRASKA Dr. JAS. P. HAXFIELD Dentist OVER BRENNAN'S DRUG STORE PHONE 525 RED All electrical equipment. Gas admin istered. Evenings by appointment A. J. KENNEDY Dentist Office in Alliance National Bank Building over Post Office PHONE 391 O-eo. O-. G-dd.s'foy LICENSED EMBALMER PHONE: Day 498 Night 510 ALLIANCE NEBRASKA K. A.. lIHltlSiaHT CITY DRAY Office Phone 260 Residence Phone 182 At Wilson's new and second-hand store THIS SPACE FOR SALE PUBLIC STENOGRAPHER At The Herald Office REASONABLE RATES PROMPT SERVICE AUGUST HORNBURG Professional Trained Nurse Room I, over Rodgers' Grocery Alliance - Nebraska CONTRACTOR and BUILDER PLANS AND ESTIMATES FURN ISHED ON APPLICATION I employ only first-class mechanics. All work guaranteed. PHONE 270 Residence and Shop, 7th and Mississippi. Alliance, Nebraska. POPULAR TALKS ON LAW WM. MAUNIER All kinds of Scavenger Work Bonded by the City PHONE 57 By Walter K. Towers, A. B., J. D., of the Michigan Bar THE SERVANT'S DUTY DYE & OWENS Transfer Line nor mw& Jj tf&Jmr Household tfoods iMAiJd-.;i . and transfer work Dray Phone 54 solicited. Residence phone 636 and Blue 674 Let Us Do Your Job Work A a very large provortion of us mut ither direct the work of those who serve us or follow the direc tions of those whom we serve, the question of the duties which em ployee owes to employer I Indeed vital. The method that an employer us ually adopts to enforce hi authority U to dtamlas from his service the employee who fails to obey Ills com nintxls, or perform the duties ex pected of him. The few of "losing the Jo'b" Is what holds most employ ees to th?ir duties. The employee uaually enforces his rights by quit ting when he is ordered! to perform a task which he believes unreasona ble. In cases where the employee has been hired for no definite) peri od, and there is no understanding that the employment Is to continue for any period, the roJaiUon of em ployer and employee is continued merely nt the will of the partita nod may be readily dissolved by either. Hut where there la a definite agree ment a contract between employer and employee, fixing a term of em ployment, the employer may not dis charge the employee without ade quate grounds. When we speak of "master ' in the popular sense we usually think of one who has wide authority over the person of an employee who te In a decWtdly inferior position. We are Inclined o think of a "aorvant" as one serving in a somewhat meni al capacity. Hut such is not the meaning of master and servant in legal terminology. The words mas ter and servant are as broad us em ployer and employee, including all employees and all employees what ever their rank, whatever the im portance or responsibility of their calling. The general manager with the widest authority employed at a salary of a hundred thousand dol lars a year te, In law, a servant. The simplest employer is a master. The duty of the servant to obey the master Is fundamental. It la of the essence of the contract of em ployment and must always be recog nized. "A pro-mtae by the servant to obey the lawful and reasonable orders of his master within the scope of his contract Is implied by law," aid a New York Judge. "Sub mission to the master's will Is the law of the contract." An authority on this subject has written, "Where a servant deliberately violates his master's orders, or refuses to obey them when given, he !e clearly guiH ty of the grossest breach of con tract. Ills duty is to obey the mas ter in all things for which he be came bound expressly, or in which obedience to Implied from the na ture of the service undertaken." The employer's uwual redress for a refusal to obey on the pait &f his servant la a dismissal from his ser vice. This right of a matter to dis miss a servant who ha violated this duty of obedience is firmly settled. As to Just what amouwts to such a defiance of proper authority as to Justify an employer In disinissInK an employee whom it has been agreed is to serve for a definite period is the question that Is of most Immedi ate intercut and importance to em ployer and employee. Spaine was a farm laborer In the employ of Arnott for the usual term of one year. He usually breakfasted at 5 o'clock and dined at 2. One day Arnott ordered him to go with same horse a to the marsh which was a mile off, before dinner, dinner then being ready. The plaintiff said that he had dione his due, and would not go until he had had his dinner. Ar nott tcld him to go about his busi ness, and. he went without making any submission to the inatruotlcns. Spaine later sued Arnott because of wrongful dismissal, seeking damag es for the breach of contract of em ployment, but failed to recover. "If Kpalue refused to obey his master's orders," said the Judge, "1 think he was warranted In turning him away. It would be 'exceedingly inconvenient if the servant were to be permM'ted to atit himself up to contrcl his master In his domestic relations, such as the time of din ner. After a refusal on the part of the servant to perforin lis work the master is not bound to keep hi in on as a burthensome and useless Korvant to the end of the year. Tlidis cam is rather extreii", and many courts would probably now rule such an order as unreasonable. and refusal to obey it not suffie.ieiit grounds for dismissal. It illustrates the undoubted principle that a mas ter may dismiss his sorvant for a single act of disobedience. A farm laborer who refused to work during harvest time t!ll 8 o'clock was held properly dismissed, as was also a coachman who, against his employ era express orders, carried friends of his own In his employers car riage. A traveling salesman who re fused to comply with the request of his employer to return h'.s Hamples, he superintendent who refused to obey his superiors orders to rein state an employee, and the tcache: who refused in reinstate a pupil who was instructed to do r by the school board, were all held to be properly dismlsstd for such single acts of disobedience. Numberless examples might be discovered bf instance s of disobedience that have been held to Justify a dismissal. Net only may a master dismiss a disobedient servant, but he may also kuh that servant and secure dam ag a for any injury which may have bee. caused by reason of the ser vant's disobedience. While the general rule is tliar the disobedience of any order k a breach of the duty which the em ployee owes to the employer, and tkj a justification for dismissal there are certain circumstances which will justify a st-rvant in his disobedience. A servant need net obey an order which is unreasonable but an employee should bo very cer itain that the instruction would be deemed obviously and certainly un reasonable by a normal person be fore he disobeys for that reason. Nor need a servant ohev dntrr. tlons which sre unlawful. Neither may an employee be dismissed for failure tot obey orders rnstruct.lng him to perform nervier which are not properly within the duties for which he was employed. A servant may not be dismissed for the failure to obey an order In regard to a matter or small Import ance and so trivial that the con tract of employment Is not affected. If the disobedience was unintention al, and In regard to matters of no importance, and the Instructions were In regard to matters of mere detail and not of a character to re quire In all clrainwtances, strict ob edience the law will generally insist that there Is not sufficient grjunds for the severing of the relation of master find servant. A master may dismiss a servant though the act in question whs not actually Injurious to him - it Is tncugh that there was a failure to obey In a matter of Importance, or a wilful disobedience of any clnrac ter of a proper order. As before slated, a servant nmv tut be dismissed for failure to cily an instruction, requiring services of a kind different from those which lie was hired to perform. An em ployee is bound to perform the dut- c he was engaged to do and no others. Thus a boy hired to care for sheep and assist at hay time, evinnot be required to perform the additional duty of taking charge of several cattle in, the winter. A bal let dancer who haa been engaged as premiere danseiwe cannot be com pelled to take an Inferior position n the ballet, nor is a lady maid expected to milk cows. Hut the master's requirements must be dear ly beyond the scope of the servant's employment to Justify a refusal. Thus a man hired for general work on a farm is not justified in aband oning his employment because he is set to cutting flax wllth a machine and thinks this too hand work, nor because he l required to carry (bricks. ' The hours at which a servant & required to wtork are Jiot Infrequent ly fixed by the terms of the agree ment between employer and employ ee. The length of a working day may also be prescribed by law. It may be understood from the nature of the employment, .but a servant cannot be required to work ut un reasonable times, nor for periods which considering all the circum stances are excessive. As to holidays the laws of the stae control. Other days off may be recognized and understood by custom or stated In the contract. Sunday is usually a legal holiday, or understood as a holiday, yet it may not be in exceptional callings as those of seaman or railroad employee. Sickness or other urgent n .-?e?Ki- ty is a recognized excuse for an em ployee's failure to work during per iods of required labsr. Hut a ser vant who absents himself from w-fk, contrary to the Instructions of hils employer, for no good cause, is guilty of a breach of duty and may be dismissed. (Copyr'ight, 1013, by W, K. Towers) SENDS PAPER TO SON IN-LAW Fred Schwaderer "ame to Alli ance last Friday to bring the child ren to the circus and .while In town called at The Herald office to pay ahead on subscription. Altho al ready marked paid ahead he addend another year to it and at tho same time subscribed for the paper a year for his son-in-law, Charley Furiiess, Delmont, S. L. . JOINED MASONS IN 1864 The lat issue of The Herald told of A. J. Marcy, of Hay Springs, who Joined the Masons In April, 18C6, in Woodstock, Illinois. On Monday our attention was called to Mr. 11. It. W'll Hams, father of Mrs. S. W. Thomp son, of Alliance, who is viewing with them in Alliance this summer. Mr. William Joined the A. F. & A. M. at Liberty, Illinois, in April, Stji. IT PAYS TO ADVERTISE Rid Your Children of Worms You can change fretful, ill-temper- ed children into healthy, happy youngsters, by ridding them of worms. Tossing, roiling, grinding of teeth, crying out while asleep, ac companied with Intense thirst, pains in the stomach and bowels, feverish- ne.ss and bad breath, are symptoms that indicate worms. Kick a poo Worm Killer, a pleasant candy loz enge, expels the ' worms, regulates the bowels, restores your children to health and happiness. Mrs. J. A. Hrlibln. or Klgin, 111., says: "I have used Klckapoo Worm Killer for years, and entirely rid my children of worms. 1 would not be without it." Guaranteed. All druggists, or by mail. Price 25c. Klckapoo In dian Medicine Co., Philadelphia and bt. IjOUH. Adv-216:i-30-4t We want the name of every young man who is ambitious to BE A LAWYER and we want to hear from ev ery fcuilneis man who wishes that he knew BUSINESS LAW. VrHrn to4r 4mA li Ml h ha as) Uwj9w u ail haadrwda ml yvutaj '' J"4 ? nu' ft W 4firM ajfi alt a Irsiaiaf ImI kat Wewa ml las at rat b" sr.lt ( CU. iw4 Hehuwl, 144 Kt rr a irm'iaia vfca aaia m4 b.ir titialafisM t ferf Male im U l ft Lnm9unr4lj sWera, Har, aad LslM ra earn a) tout ( 1) our dimU'l CuiUt Law 4'-jUrMlticutltsf4.i prartirr. m4 J our i n.pE-1. frart:.sl. stuairi.a Law f ui a f. r Huwoeaa Wrt out aU.ul tU J w r4, au4 ar U- m? ily you ran oMio a lh"tuifti ku., l.d of lw r-nttuu. IbK 9r prawrut Work. Ky TCSlll H4 la4ay lar tanas ataJ 4 Mat mi acgaUl ajra4aJ alt ar I ana I . B. whm BraM-4 th" awnaUf MrW 1 i 4fi 1 III I "f I TUB Ufa-Milt (OHKrHrMifcUkJllI llil'illl,! MiUMlLtt 14W aaaaaAUaaaaiaWJ W mMtiB lMUiUi MUkm a S lit. 1 J . ' ' ' I ! ay4saat ' 1 I 0) 0) I s Wt SELL H.B. BRAND SADDLES Made especially for the western trade. Call and see our full line of saddles, harness, collars, nets and covers . I ACHESON 2 : ,t cm M AT R im 1 IIT W. R. Drake, Prop. Fresh and Cured Meats "The Best of Everything' ; 1 ,v ? r Notice to Farmers and Ranchmdri" tl We do our our own butchering and are on the market for the best 35 can buy. If you have some exce tionally good stuff to sell, let is know about it. Corner Box Butte Ave. and 4th St PHONE 40 ANYTHING that you want in lumber can be found in our large'and well assorted .stock, all well seasoned for immediate use. Also, all kinds of hard and soft coal. Dierks Lumber & Coal Co. Our Constant Effort Is the Best Telephone Service Tlio traffic doj.art inejit of tins company is constantly endeavor iiitf to keep its operat ing service to tlie high est standard of etlic iemy. 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