Daily national Democrat., 1859-01-06


Judge Lindley, in charging the Grand Jury,
on Tuesday, thus alluded to the interruption
of public travel on the highway:
The Court also directs your attention to
offences tending to interrupt the public trav.
el and to imperil the safety and security of
travellers. The public highways are free to
ALL to 90 and come at will to conduct any
and all kinds of business on them with
out hindrance, annoyance or restraint. The
statute prescribes the penalty for ordinary
distractions, which are treated as nuiSaaces,
and punished accordingly. Practices, how
ever have grown up in our midst which are
more preludicial to the public interests, and
more dangerous to the public travel, than or
binary Instructions, and yet are not embraced
IN the term nuisances," and for which it
would seem there is no adequate criminal
law. 1t is notorious fact made more no
touous by recent events that persons have
resorted to illegal, forcible and dangerous
means to destroy competition in the business
of carrying passengers By ld,,d and to Lreak
down small rival lines of passenger coaches.
The ulterior intent would seem to be secure
| 10y force and intimidation, monopoly or ex-
elusive right to conduct the business men
toned over the public highways-a right
which the Legislature has not conferred in
| terms on either person or corporation. These
/ practices have been continued on nearlvall the
main stage roads leading out of MarysyilIe, un-
til homicide has been the result The ohenses
would be, apparently, of less magnitude if
they did not involve an indiscriminate as
sault upon or interference with disinterest-
ed travellers, living perhaps in remote parts
OF the state, and an infringement Of a great
public rght-the freedom of the highways
which 1t Is the duty of the Government to
protect.
The Legislature may not have provided
ample remedies for this class of crimes In
some states severe special penal laws exist
concerning them. In our State having no
special laws upon the subject, they must be
cassed as assaults, assaults and batteries, as
sauit with intent to do bodily harm, and
conspiracies to commit an assault, or against
! public trade and travel. If party interest
ed in the ulterior motive is a corporation,
then, in these cases, it loses its identity and
escapes the penalties Of the law; the agents
and employees who participate in the com
mission Of the crimes are alone punishable.
I The safety of travellers, public rights, and
the public peace alike demand punishment
for these offenses The inadequacy of civil
remedies should also urge prompt applica-
ton Of the penal. Injured parties frequent
! ly reside in remote parts of the State, aud
are obliged to institute suits in the county
where the defendants reside The injuries
are usually noted more for their aggravation,
petty annoyances, delays, and the reasonable
fears which they excite, than for any great
amount of damages susceptible of easy proof.
If 1t were the latter, then, in most cases, the
willing instrument of the wrong is totally ir
responsible and the real principal is shielded
under the rule that a principal is not liable
for the wilful torts of the agents. Hence the
only practical remedy consists in the prompt
application Of whatever penal law we have
! touching the otrenses'