Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-10-07
PITTSBURGH RIOTS.
WHO SHALL PAY THE DAMAGES
The Supreme Court Of Pennsylvania De-
eides That Allegheny County is Res
pOnsible for Property Destroyed
During the Riots Ofi8H.

PrTrsBURGH, October 6.--An imPoF-
tant decision OF the supreme Court,
hearing on the riot losses in this city,
was rendered here to-day. The court is
of the opinion, and so decides, that Al
leghany county is liable. The opinion,
written 6y Justice Paxson, covers thirty
seven large pages, is very eompIehen-
sive and expresses the views OF the en-
tire bench, with the exception OF Justice
Sterritt, who did not sit on the argu-
ment, and of the new Justice, Green,
who will not take his seat until Noyem-
Der. The case in which this decision is
rendered is The County OF Allegheny,
plaintiff in error, vs.. John Gibson, Son
Il Co., defendants il error. This
case, with Others, was tried in Beaver
county. having been certified there
from this county, and was decided
against Allegheny county by the Beaver
Court. The supreme Court athrmS the
rulings of the court below, and, while
tnr opinion is written in this case, other
similar cases tried az Beaver viii be gov
erned by it, The document opens as
follows:
This is one OF the cases brought
against Allegheny county 20 recover
damages iOr property DESTROYED by the
mob during the riot of 1877. The par
tirular property which is the subject of
a. a nv. hu IL ~
whisky wholly DESTROYED and its value
no. disputed. A verdict and Judgment
were had i'm favor OF the plaintiffs
AMI the defendants have rc-
moved the record 20 this court
Tor review. The questions 1t presents
ar Oj grave importance. The plalnutts
have no remedy in common law. They
must recover. il At all, by virtue OF the
ac, ui Nav 81, 1911, Z. l.. 4l5. The law
is here rrtttcd. The decision says: We
are charged with no duty OF Vlndicating
IN, wisdom Oi this legislature. lt Is
proper 10 say, however, that the prlncl-
pie embodied in the act Ia not new.
\ iuU recital of similar acts OF the
EusliSh Parliament follows, and the
court takes mp the argument OF the
county, that under the new constitution
ofth.s state, adopted in 1874, the law OF
1871 Is imperative. This point, after
full consideration, is decided against the
county, the court holding that the new
constitution WAS not intended aS an en-
tirrIv new instrument. but simply an
alteration and modification OF the old
constitution To- suit the progress Of the
az. aud change the laws where deemed
essential to the welfare OF the State.
Tn, court decides that until such times
n the legislature may change, modify
or repeal IL, the law of 1911, un-
der all decisions, IS operative and
enabled % stand. The Court then re-
views the liability oi the county under
this act The point having been made by
Allegheny county that the present case
waS not such aS were contemplated by
the trainers of the law :: that il amounted
% an InsurreCtiOn, spreading through
several States, and further that the dam
age all occurred after the Intervention
of the State authorities. The Court
savS. The argument upon this branch
Oi the ease has failed 90 point out Just
what kind ut riots were contemplated by
the trainers of the act OF ISL. We are
Left % infer, however, that the act was
intended % apPlyOniyto riots where the
number cugl.rji~ Is small and the damage
in considerable. But where is this line
10 be drawn, aul by whom Is the
act to apply % mobs OF ten persons
AMI not % those ot q hundred, or to
mObs of = hundred and not those OF a
thousand? Is compensation 10 ue
mllr fora broken window and denied
where the building is sacked and
burned We have been furnished with
no answer % these grave questions,
which confront Us instantly upon any
attempt 10 give the act of lSll the mar
row construction claimed iOr IL. rs re-
CARDS the intervention OF state military,
the court saws: ave see no evidence
OF auv serious attempt upon the part
of the local authorities 20 suppress II at
the time of its commencement.
A feeble attempt was made by
the sheriff, resulting in the enrolment
Oi some half dozen deputies. But there
was no proclamation calling upon the
bo lv oi the county % come % his as
sistancc I'm preserving the public peace.
No one doubts nj this day that ji q pro-
Der effort had been made It the proper
time. the mob could have been held in
check mo- one doubts that IL would have
been had the citizens OF thccOIuty real
izrl that they were responsible Tor the
loss. But this act of Assembly, folded
away arlong the pamphlet laws, was
forgotten, or overlooked, even by those
who knew of its existence. In the end,
the mob that had deied the military
power was put down by the civil au-
thoritics after the citizens had been
aroused by a sense Of common danger
The law will not tolerate the spectacle
al "a great city looking on with iuditler-
once while property o. the value OF
millions Is being destroyed by a mob.
To prevent such occurrences was one of
al. III .f...t- az tho net ,f 1871