The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-12
What Does This Baggage Smashing
Bill Meant

What Does This Baggage Smashing
Bill Meant
The independent fraternity of baggage
smashers has hardly recovered from the
death of its great chieftain. Thomas, the
dynamite fiend, before it is called upon to
endure another calamity. Not one of the
order ever dealt stronger blow to Sara
toga trunk than Senator Cole dealt the other
day to the whole body. The bill which he
introduced into the State Senate makes
baggage smashing a misdemeanor, and i'm
poses fine of twenty dollars or imprison-
ment upon railroad porters who commit it.
The phraseology of this bill is open to objec-
tion for it makes startling change in the
meaning of our language. Baggage smash
ing has never been defined as a INSIDE
meanor, but has always been recognized as
an amusement Thus Webster says:-''Bag-
gage smashing. An athletic sport 2.
The act of smashing baggage" Worcester
defines it as ga popular railroad game a
playful relaxation" The late Chief Justice,
Mr.. Chase, in delivering the opinion of the
Supreme Court in the case of Deloney VS..
Walton, said:-"After a careful review of the
evidence 1 can see little difference be-
tween baggage smashing and base ball.
Both are amusements requiring 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.
The defendant pleads that these porters,
who were employed by him, were merely
INDUCING in harmless and innocent sport.
The offer to produce the trunk was bold
almost to rashness, but the Court was not
bound to admit this extremely fragmentary
evidence. We cannot convict upon a
broken lock, torn strap and few splin-
tiers of wood. (See Blackstone on Bridges,
chap. xxi, p 1850, as evidence the trunk is
not strong enough. The suit is, therefore,
dismissed, with costs on the plaintiff. He
may recover the trunk if he can, but that is
all the damages we may grant him" Here is
the opinion of one of the ablest of American
jurists, and it must be overturned before
Senator Coles bill can be considered sound.
This view of the case is not invalidated by
the fact that Chief Justice Chase said after
ward, in private conversation with Mr..
Charles OConor, who will remember the
occasion, that he did not care who made the
laws for the railroads so long as he was not
compelled to take part in their amusements.
In the one case he felt as man, but in the
other he acted as judge.
Baggage smashing having been thus reccg-
nized as a legal amusement can the Legisla-
ture constitutionally prohibit it? We are
compelled to decide that it cannot, and also
obliged to add that if it could it would make
no matter. Any such law would be inoper-
alive for reasons which must be convincing
to any impartial mind. Trunks are now
made of the strongest materials. A stone
trunk has become quite popular, and an
iron-clad, oak plank, steel riveted, freproof
safe is often used by travellers. Secretary
Robson, as is well known, uses con-
demned howitzer for a trunk Yet the i'm
provement in baggage smashers is greater
than the progress of mechanical invention.
They are able now to smash a cannon, and,
this being the case, will have no trouble in
smashing the Legislature, which is composed
of weaker material, more loosely put to-
gether, than the trunks in common USE
Senator Cole is strong man. but they may
pitch him out of q car window yet.
Another serious objection to this bill is
that it is special legislation. 1t attacks two
classes of citizens-frst. the large and infu-
entail 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 interests Of the trunk
makers. Millions of dollars have been in
vested in this city alone in trunk making upon
the implied faith with the State that it would
not legislate against the baggage smashers.
Are we to destroy this business We urge
the Legislature to pause. We appeal to the
Governor to interfere. Let no personal con-
siderations prevent him from discharging
his public duty. Let him Danish his own
trunk from his head if this matter is ever
brought before him.
Sue the Street Railroad Companies.
The only wav To teach arroOank corDora-