Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-08-01
FOTTlNG THE BILLS.
for Damage by Mob Violence
Must FAN upon the Communi-
ties Where the Losses
Have Sustained,
cincinnati Commercially

cincinnati Commercial.1
The vast destruction of rail way property
in Pittsburg by mob violence, and the dam
age inflicted on other roads by the forcible
obstruction of their tracks, the detention of
their freight trains, and the SUI pension of
all business on their lines, amounting to
millions of dollars, have raised the interest
ing question whether the losses, direct and
indirect, will fall exclusively upon the rail
way companies, or whether they have not
some remedy at law by which they will re-
cover, either from states counties or NUM-
cipalities, dam sc covering the amount of
their losses.
So far as we have had leisure to consult
the books and statutes, it does not appear
that there is any universal law on the sub
iect. The general principle is stated in
Judge billions work on "Municipal Cor
porations'-[vol. 2, p. 76o]-a work, we
may add in passing, that is recognized
authority in the United State, and has
been quoted by the highet courts
Of England. Judge Dillon says:
Public or municipal corporations are under
OF individuals destroyed by mobs or riotous as
semblages but in such case the legislature may
e @ode nf sslalsia g q Yea a remedy, and regulate the
''VsS ,NS'''' ''N me
We are not sure that there may not be
dissent from the opinion that there is no IL
ability under the common law. In the
opinion Of Chief Justice DEMO, of New
York in the else of Thomas Darlington W.
The Mayor, &c, of the city of New York
a case in which the plaintiffs property was
destroyed by fire during the riots of July,
1S63-he cited the laws of the Saxons,
| limos and Norp,aps To Shnw fiat r,o., Al
earliest period laws assessing damages on the
community for life and property taken by
violence have been in force in England.
But whatever be the common law doctrine,
we have not yet found single dissent to the
opinion expressed by Judge Dillon, that ii
is within the constitutional province of the
legislature Of a state to provide a remedy
and regulate the mode of assessing damages
The law upon this subject, passed by the
Legislature of Pennsylvania in 1886, was
inadvertently repealed a year or two after,
but was reinstated in 1910, and is, if we
mistake not, the law of that state to day. A
case arose under it during the anti-slayery
riots in Philadelphia, in which Pennsylvania
Hall was burned by the mob. The owners
of the hall sued the city for damages, and
the case was finally carried up TO the
Supreme cour, where it was reviewed. and
the opinion given by Justice Rogers see
5 Pa. ST., p. 204, 1917. In this opinion
Justice Rogers said;
And again, speaking of the power of the
Legislature to enact such a law, Judge Rog.
ers said:
:" At common law counties were not liable al
al Tor mischief done by lawless individuals
When a remedy is given il is the creature OF
statutes, asin the Hue and CRY, and in the act OF
/ lime ls 1SIk y Il With fta ,,plin>ra nf fhi.. an,
We have nothing to do, although we conceive
there would be no difficulty in showing that The
taxpayers have Il right TO be Unidentified fol
losses oceasioned by iawless o~ufrages. whcneyel
the pubic are unable or unwilling to protect
property. The innocent may, it is true, be com
pelled, 10 pay for the acts of the guilty. Blu
inns eject Is not peculiar to the case, but neceS-
sailiy results from the structure OF society anc
the nature Of AL institutions"