4889 
63 
Caro. 
“ Every Man is presumed to know the Law. 
Nine-tenths of all Litigation arises from 
Ignorance of Law." 
LAWS RELATING TO FARMERS AND HIRED HELP 
The laws relating to fanners and their 
hired help vary somewhat in details in the 
different States; but briefly they are substan¬ 
tially as follows in all. 
The relations between the farmer and his 
“help” rest wholly upon contract, expressed 
or implied. If the contract is for less than a 
year’s service, it need not be in writing; but if 
the seivice cannot be performed within a 
year from the date of the contract, the latter 
must be in writing in order to be legally bind¬ 
ing. This is the case in Maine, New Hamp¬ 
shire, Vermont, Massachusetts, Rhode Island, 
Connecticut, New Jersey, Delaware, Pennsyl¬ 
vania North aDd South Carolina. Ohio, 
Georgia, Florida, Illinois, Arkansas, Mi so 1 - 
ri, Tennessee, Texas, Virginia, Kansas, Mis¬ 
sissippi, Maryland, Kentucky, Indiana and 
Minnesota. In New York, Michigan, Wis¬ 
consin, Oregon, Nevada, California, and Ala¬ 
bama oral contracts are absolutely void. If 
a farmer has made au oral bargain to employ 
a person for a year, and the contract can be 
completed within that time, it is binding; but 
if the performance of it is to begin at a future 
day, so that the service cannot bo completed 
within a year, the contract cannot be enforc¬ 
ed. An oral contract, however, to hire a 
person for a year, to commence the next day, 
is valid. If no definite period of employment 
is agreed upon, the farmer has a right to dis¬ 
charge and the laborer a right to leave at any 
time, without cause. If there is no special 
bargain with regard to hire, the farmer must 
pay a reasonable value for the service, the 
amount to be determined by the current rate of 
wages for similar service at the time and place 
of performance. It is essential that the par¬ 
ties should have the legal capacity to con¬ 
tract. Thus, if a laborer under age binds 
himself for a specified term at a fixed price, 
he is not bound by his bargain, and if he 
leaves, he is entitled to what his services w ere 
reasonably worth, without any deduction 
therefrom for his breach of contract. If a 
contract is made on the understanding that 
either party must give notice beforehand of 
the termination of service; both parties are 
b< und by it. The mere fact that the em¬ 
ployer, whether master or mistress, is accus¬ 
tomed to give notice is of no consequence un¬ 
less it is understood by the employ 6 when 
the engagement is made. Where a larcner 
employs a laborer for a definite time, and 
before the termination of the term, the man 
voluntarily leaves, without just cause or the 
consent of the farmer, the laborer cannot re¬ 
cover any part of bis wages, whether he has 
contacted to stay a year for a round sum or 
a year at so much a mouth. If he leaves 
even the day before the end of his term, and 
the whole year’s wages are due, he cannot re¬ 
cover a cent in most of the States. 
In New Hampshire, Iowa, Mississippi and 
Texas, however, the employ’d can recover 
what his services were reasonably worth, less 
the damage to the employer by reason of non¬ 
performance of the contract. It the fai mer 
has made a partial payment to his hired hand, 
woo has left his service without valid excuse 
before his term expired, he canuot recover 
the money, even though it was not due at the 
time of payment, and if he has given a note 
for the amount already earned, he will be 
obliged to pay it. But the farmer can re 
cover such damages as he has sustained from 
the man who has broken the contract, and the 
latter cannot set off against his claim the 
value of tue work he has done and not been 
paid for. If the laborer leaves even foi a sin¬ 
gle day, before the end of his term, the farmer 
is not obliged to take him back or to pay him 
for the work he has done. If, however, he is 
prevented by illness from completing the con¬ 
tract, he can recover pro rata lor the services 
he has rendered. In the a use nee of an agree¬ 
ment to the contrary, a person is entitled lo 
legal holidays, and is not bound to “make fair 
weather,” or to lose time when there is noth¬ 
ing for him to do. It is otherwise with a per¬ 
son hired by the day. A hired man who 
lames a horse or injures a tool or machinery 
is liable for damages only when the injury 
is the result of carelessness. On the same 
principle, a domestic.canuot be legally made 
to pay for broken crockerv uuless there is an 
express contract to that effect, if the domestic 
has i xercised ordinary good care. 
If a fai mer has to furnish be ard ami lodg¬ 
ings, per contract, for his hired aau, and 
does not provide enough wholesome food and 
suitable lodgings, or treats him improperly, 
by assaulting him, the man is justified in 
•eaviug. So he is if he is compelled to work 
pu Sundays, except to do the necessary 
chores, such as feeding live stock. Any act 
on the part of the farmer, prejudicial to the 
morals, reasonable comfort and safety, health 
or reputation of his laborer will justify the 
latter in leaving So will the habitual use of 
blasphemous language towards the man, but 
not the use of harsh language; nor will he be 
justified in leaving before the end of his term, 
because he has quarreled with a fellow em- 
ployd. The jury must decide whether the 
laborer had reasonable ground for leaving 
the service, the burden of proof being upon 
him to establish the fact. Every contract is 
subject to the right of the farmer to discharge 
the laborer for sufficient cause without 
rendering himself liable for future wages. 
To justify such dismissal, the employd must 
have been guilty of wilful disobedience of a 
lawful order’ or moral misconduct, pecuniary 
or otherwise; or habitual neglect. Insulting 
language towards his employer or members 
of his family, habitual drunknes3, unwar¬ 
ranted absence, and fraudulent conduct would 
justify dismis-al; but in all such cases the 
discharged man can recover whatever his 
past services were actually worth to the 
farmer. A contract for services may be dis¬ 
solved by the expiration of ihe term for which 
the laborer was hired; by the death of either 
party, or by the laborer becoming unable to 
perform bis duty owing to illness or per¬ 
manent disability. In such cases the em¬ 
ployer must pay for the services actually ren¬ 
dered, and in case of the death of the em- 
ployd, his representative is entitled to recover 
what his services were reasonably worth. If 
a farmer discharges a hired man without 
valid cause, he renders himself liable to a 
suit for damages, and if the man cannot se¬ 
cure suitable employment, the measure of his 
damages will be the amount of wages he 
would have received had he not been dis¬ 
charged. 
The farmer must furnish his hired man 
with suitable tools and implements, and will 
be liable for any injury which may happen 
to the latter from an.y known defect in the 
implements; but it the employe’s negligence 
contributed to the injury he cannot recover. 
If he was injured by the negligence of a fel¬ 
low employ £, the employer is not liable un¬ 
less he is in some way in fault; still the latter 
is bound to exercise due care in selecting his 
employes, for he has no right to expose one 
to danger from me incompetency or reckless¬ 
ness of another. The hired man, however, 
must lake the ordinary' risks incident to his 
occupation. The employer is bound by con¬ 
tracts made by his employ’d in the course of 
his regular business; but, in order to be bind¬ 
ing, such contracts must be within the scope 
of the man’s authority, expressly conferred 
or implied by the farmer’s conduct. The 
farmer is not bound to provide a physician, 
medicine, or attendance in case his employ'd 
falls sick. A farmer is responsible in dam¬ 
ages to third persons for any injury done by 
his employd through negligence, fraud, de¬ 
ceit or even wilful misconduct, if it is done 
within the scope of his regular employment, 
and this though the farmer did not authorize 
or even know of his laborer’s act or neglect. 
Even if the latter in the commission of the act 
wilfully violated his employer’s orders, still, if 
the act was done in the course of his employ¬ 
ment, the farmer is answerable. But he is 
not responsible for any act or omission of his 
employ d, which is not connected with the 
business for which he was engaged, and 
which does not happen in the course of his 
employment. The farmer, however, is en¬ 
titled to recover from his employd the 
amount of the judgment he has been com¬ 
pelled to satisfy to a third party for injury 
due to the negligence or misconduct ot his 
help. Any person who entices away a person 
employed by another under contract, know¬ 
ing such to be the fact, thereby renders him¬ 
self liable for an action for damages for all 
the inconvenience and loss earned to the em. 
ployer by his conduct; but an unsuccessful at. 
tempt to entice a person away is not action¬ 
able unless some damage has thereby been 
sustained by his employer Nobody is liable 
for damages, how’ever, for inducing a laborer 
to leave his employer’s service at the end of 
the stipulated term. 
|tti$(tlUtnrou# gulvrrti.sinfl. 
CHEST PAINS 
6oughs,6olds 
Chest Fains, ('onnils ami Colds, Weak 
Lungs, backache. Kidney Fains Rheumatism a.nl 
all Muscular Fains, relieved in one miuuie by 
Guticura Anti-Pain Plaster, 
3las 
)RUG 
Dt. Illdl X UlllSt Kill t < II 111 Wilt: III III III 
Guticura Anti-Pain Plaster. 
only instantaneous pain killing, strengthening pli 
ter. S3cts.; 5 for $1. At druggists,or of Potter Dr 
and Chemical Co., Boston, Mass. 
PEERLESS DYES 
Are Ihe BES>T. 
Sold by Dauouwn. 
anti giants*. 
To our Irtends who have not already re eived it. we are ready to mail 
ourNtiW tAiAtOGlt ul 
HIGH CLASS SEEDS 
For 1889. 
Containing all the Novelties of the Season, both in Vegetable and Flower 
Seeds. 
J.M. Thorburn & Co. .15 JohnS: NewYork. 
THE SYRACUSE NURSERIES, 
OLI) AND RELIABLE, 
ARE STILL OFFERING THE MOST COMPLETE ASSORTMENT OF YOUNG, SMOOTH, THRIFTY STOCK N 
AMERICA. 
BUDDED APPLES, STANDARD PEARS. DWARF PEARS (High and L->w Headed), 
PLUMS. CHERRIES, PEACHES, III 1 NCES. RU««IAN APRICOTS, 
GOOSEBERRIES. CURRANTS, and a full line ot 
ORNAMENTAL TREES, SHRUBS, etc. Also Extra Sized STANDARD PEAKS of the Finest Quality. 
Special Inducements to Buyers in large quantities. Trade List out August 1st. 
SUdi'BLS, POWELL & LAMB, ^yaciise, JM. V. 
NEWTOI 
GARDEN AND FARM MANUAL FOR 1889. 
E7* Is brimful of good things. Including many RARE 
AND VALUABLE NOVELTIES never before offered, 
handsomely illustrated In natural colors; altogether 
the grandest and most complete Catalogue published in 
America. A'o Market or Private Gardener ran afford to be 
without it. On receipt of IO CENTS in cash or stamps, we 
will send It free by mail, together with a pkt. of the WON' 
DERFUL NEW AND DISTINCT 
TOMATO — BRANDYWINE 
largest, smoothest and hand¬ 
somest of all; the price of which alone is 20c. (CTOUR 
are the STANDARD with MARKET CARDENERS. Mention this paper when you write. Address 
JOHNSON & STOKES, 217 and 219 Market Street, Philadelphia, Pa. 
3 YW 1 
W, 
er wixn a pKt. ot xne wvjn- 
SEEDS 
striped Hose. The Greatest Novelty evRS I 
It originated with us ia 1,55 ; is entirely hardy, having endured ufe rigor of our northern 
vriuL.s wi.hout i rotection. Write ns ipTTj'd PljOP ppri 1 Lowers la-ge and fra- r 
and learn how yon can have a plant of ifllO flUljfj I IiL£l, g-ant; color soft, sat-l 
lny rink, dlatin. t:y strived, and dashed with white and carmine; free blcomcr; not an 
old flower in a new name, bet a genuine novelty, l’rice $1.00, prepaid, a- d each pnr- 
ch “ I, of lvo VICK’S FLORAL GUIDE 
logue of America, now ready: revised and enlarged; new fhape; new type; elegant • 
cover; a frontispiece, and 25 Colored Plates, Contains an ii.u-tration and de- I 
Bcription <f ever r pen- !ar plant, flower and vegetable, and prices % of same. No bogus 
L/a rj 4 v r jV' oKcrs. V.'e do not advertise “ two dollars 1 worth for 50 cents,” but we do give money’s 
J worth, both in quality and quantity. See oar Novelties in Flowers ?.nd Vep^table". Price I 
SUT^S, 15 cecnts, each copy contains a certiticate good for that amount in Seeds, so unt the book is I 
prac ically free* »IAS. VICK. SEEDS.1t.\\, llochester, IV. Y. { jU 
'ft-Kt HS0‘(r~. of GTTTO 
M arket 
garden 
Are acknowledged to be T11E BEST. No failure 
when they are «.«<</. You cannot afford to be without 
niu«r r n.e,iCATflLOGUE FREE” uS” 1 ' 
W NOVELTIES 'W 
in Vegetables. Flowers, and Fleid Crains, 
Oats, Wheat, Potatoes, etc. Address 
S. F. LEONARD 1 cmc ac o ! o 1 i p l l!' 
Over 100.000 customers of 1888 gladly testify that they INCREASED ALL YIELDS. 
Yes, often DOUBLED them by sowing SALZEU’S NORTHERN GROWN SEEDS. Be¬ 
cause no other seed is so full of life, vigor und vitality—so prolific and eurly as Salzers. 
OAT NOVELTY--WHITE WONDER! 
This Is the most wonderful Oat we have ever seen or heard of, and we have tested EIIY 
sort- offered by EVER Y seedsman in America, but none come half way nn to it in V It ID, 
vigor, beauty and quality. Scores of 1888 customers sav: SALZERS CIANTj\FLAT DUTCH. 
Yielded 5 to 10 times oa much as common oats! Itsenor- - ’ 
mous yield is due to its great stooling properties, long 
ears and plump kernels. Eurly, tine, wonderful. 
i$?&0 in prize* for Largest Yield in 18S9. See Cat¬ 
alogue about it. First Prize $100. Who wins it! The farm¬ 
er wants big crops. Well, he can have them every time 
by sowing my seeds—yielding on wheat, 40 bu., barley 70 
bu., new corn 125 bu., potatoes 610 bu.. etc. Headquarters 
for all Farm Seeds, Grasses. Clovers. LUCERNE CLO¬ 
VER, MILLET and ENSILAGE CORN. 
area of seed store 2 acres. Potato cellar capacity 
26 Packages Earliest Vegetable Novelties, post- 
$l. t^TSend 8c for Wonder Out and Grain Samples 
for Giant Cabbage and receive elegant Catalogue IIWKit-p '—^>17-~’ 
JOHN A. SAl.ZElt, LitCrooie, WI«.“ SU **B- fl. 
GRAPE VINES, FRUIT and ORNAMENTAL TREES 
CHOICEST OLD. RAREST NEW. 
Among the latter we introduce the CRAWFORD STRAWBERRY. 
VOII UflilT IT I It combines more good qualities than any other. 
TUU If AH I 111 If YOU want PURE TESTED SEED or anything 
for ORCHARD, GARDEN, LAWN or PARK, send for our 
VALUABLE FREE CATALOGUE 
containing about 140 pages with hundreds of illustrations. IT’S A 
BEAUTY! ORDER DIRECT. Get the best at honest prices, and 
save all commissions. Thirty-fifth year; 24 greenhouses, 700 acres. 
THE STORRS & HARRISON CO.. Painesville, Lake Co., 0. 
ROSES 
PLANTS 
