Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1876-03-09
L HE IL Err AID.
Baggage Snashers.

| Il tAeFe is one CLASS OF persons
more than another, that the whole
civilized world is united in execrat-
ing 1T is the incarnate fiends yclep,
baggage smashere. A bill has been
introduced in the n. Y. Legislature
designed to suppress the sportive
tricks OF those Jolly fellows. The
Juicy comments OF tho n. Y. Herald
thereupon will induce a smile to APP
pear in the eyes of those even who
have never thought of the subject
without feelings OF frenzy and des
pair;
The independent fraternity Of bag
gage emashers has hardly recovered
from the death Of its great chieftain,
Thomas, tho dynamite fiend, before
it is called upon TO endure another
calamity. Not one OF the order ever
dealt stronger blow to q Saratoga
trunk than Senator Cole dealt the
other day to the whole body. The
bll which he introduced into the
State Senate makes baggage smash
ing misdemeanor, ana imposes q
fine Of twenty dollars or imprison-
ment upon railroad portors who com.
nit II. The phraseology Of this bill
is open to objection for it makes a
startling change in the meaning oil
our language. Baggage smashing
has never been defined as INSIDE
meanor, but has always been recog-
nized as an amusement. Thus Web
ster says baggage smashing-1.
An athletic sport. 2. The smash
ing of baggage" Worcester defies
it as "a popular railroad game, a
playful relaxation" The Chief J us-
tice, Mr.. Chase, IN delivering the
opinion of the Supreme Court in the
case of Deloney vs. Walton, said
cater careful review of the evi,
dence | can see little differe nee be.
tween baggage smashing and base
ball. Both are smusements requir-
lug great strength, unusual skill and
extraordinary nerve. The plaintiff
claims damages in twenty thousand
dollars, on the ground that he was
struck in the eye by Saratoga trunk
which one porter was throwing at
another. Tho defendant pleads that
these porters, who were employ ed
by him, were merely INDUCING in o
harmless and innocent sport. The
offer to produce the trunk was bold
almost to rashness, but the Court
was not bonnd to admit this extre-
mely fragmentary evidence. We
cannot convict upon broken lock,
torn strap and few spinters OF
wood. (Sce Blackstone on Bridges,
chap. xxi, p. 1857 AS evidence the
trunk is not strong enough. The
suit is, therefore, dismissed, with
costs on the plaintiff. He may re-
cover the trunk if he can but that is
all the damages we may grant him. y
Here is the opinion Of one of the
abIest Of American iurists, and it
must be overturned before Senator
Cole's bill can be considered sound.
This view Of the case is not invali-
dated By the fact that Chief Justice
Chase said atterward, in private
| COW GISdilUH with NIL OHallO5
O'Conor, who will remember the
occasion, that he did not care who
made the laws for the railroads SO
long as he was net compelled to take
part in their amuaements In the
onn case no felt as a man, but in the
other he acted as q Judge
Baggage smashing have been thus
recognized as q legal amusement can
the Legislature constitutionally pro
hi5it it? We are compelled to de-
eide that it cannot, and also obliged
to add that if it could it would make
no matter. Any such law would be
| imperative tor reasons which must
be convincing to any impartial mind.
Trunks are now made of the strong
est materials. A stone trunk has
become quite popular, and al iron-
clad, oak plank, steel riVited, fire
proof safe is often used by travellers.
Secretary Robson, as is well known,
uses a condemned howitzer for q
trunk. Yet the improvement in
baggage smashel is greater than the
progress Of mechanical invention.
They are able now to smash can
non, and, this being the case, will
have no trouble in smashing the
Legislature, which is composed Of
weaker, material, more loosely put
together, than the trunks in common
use. Senator Cole is strong man,
but they may pitch him out of car
window yet.
Another serious objection to this
bill is that it is special legislation.
1t attacks two classes of citizens
first, the large and Influenced order
Of baggage smashers, who would be
deprived Of the only amusement they
have. During the centennial year
probably three hundred thousand
European trunks will be brought to
America, which this bill would make
useless to any one but their owners.
Is the order to be deprived of the
immense satisfaction it expects TO
gain from this opportunity ? In the
second place the bill attacks the
business interest Of the trunk makers.
Millions Of dollars have been invest
ed in this city alone in trunk making
upon the implied f1ith with the
State that it would not legislate
against tho baggage smashers. Are
We to destroy this business? We
! urge the Legislature to pause. We
appeal to the Governor to interfere.
Let no personal consideration pre-
vent him from discharging his publ c
| duty. Let him Danish hia own trunLr