The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-10-11
PAYING THE RIOT LOSSES.
The Supreme court decides AIIc-
ghcny County Liable.

PITTsBURGH, October G.-An important
decision of the Supreme Court hearing on
the riot losses in this city was rendered here
to day. The Court is of opinion, and so de-
cides, that Allegheny county is liable, The
opinion written by Justice PaXsoD, covers
thirty-seven large pages, is very conprehcn.
sive and expresses the views of the entire
Bench, with the exception of fJustice Sterrett
who did not sit on the argument, and of the
new Justice, Green, who will not take his
seat until November.
The case in which this decision is render
ed is the county of Allegheny, plaintiff in
error, VS.. John Gibson, Son & CO. defendants
in 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 firms the rul-
ings of the Court below, and while the op-
inion is written in this case, other similar
cases tried at Beaver will be governed by it.
The document opens as follows!
This is one of the cases brought against
Allegheny county to recover damages for
property destroyed by the mob during the
riot of 1877. The particular property which
| is the subject of this suit consisted of sixty
| barrels of whskey, which were wholly de-
stroyed, and its value not disputed. a YER
dict and judgment were had in favor Of the
plaintiffs, and the defendants have removed
| the record TO this Court for review. The
questions it presentsare ofgraye Importance.
| The plaintiffs have no remedy In common
| law. They must recover, if at all, by virtue
of the act of Nav 81, lS4l, Z. l.. AIS. THE
law is here reCited.l The decision SAYS
| We are charged with no duty of vindicating
| the wisdom Of this legislation. 1t is proper
to say, however, that the principle embodied
| in the act is not new. A full recital of sim
| liar acts OF the English Parliament follows,
and the Court takes up the argument of the
county that under the Constitution of this
state, adopted IN 1874, the law of lS4l is
imperative. This point, after full consider.
alton, is decided against county,, the Court
holding that the new Constitution was not
intended as an entirely new nstrument,but
SIMPLY an alteration and modification ofthe
old Constitution to suit the progress of the
age, and change the laws where deemed es-
sential TO the welfare of the State. The
Court decides that until such times as the
| Legislature thay change, modify or repeal it,
the law Of IS4l, under all decisions, is oper-
alive and enabled to stand. The Court then
reviews the liability Of the county under
this act. The point having been made by
Allegheny county that the present case was
not such as was contemplated by the trainers
of the law; that il amounted to an insur-
recton spreading through several States,
and further, that the damage all occurred
! off l,a "a pf ha b,r
ties. The Court says The argument upon
this branch of the ease has failed TO point
out Just what kind Of ricts were contemplat-
cd by the framers of the act Of lS4l. We
are left TO infer, however, that the act was
intended 10 apply only to riots where the
number engaged is small and the damage
| inconsiderable. But where is this line TO
/ he drawn, and by whom? Is the act 10 ap-
ply to niObs of ten persons and not to those
of a hundred, or to mobs of a hundred and
not TO those of thousand? Is compensation
to be made for broken window and denied
when the entire building is sacked aud burn
ed We have been furnished with no an
swer tO these grave questions which confront
us constantly upon any attempt 10 give the
! act o. lS4l the narrow construction claimed
for IT," As regards the Intervention ofState
military the Court says: "We see 20 evil
dence Of any serious attempt on the part Of
the focal authorities 10 suppress il at the
time Of its commencement A feeble attempt
was made by the Sheriff, resulting in the
| enrolment Of some half dozen deputies, but
there was no proclamation calling upon the
body of the county 10 come to his assistance
in preserving the public peace. No one
doubts at this day that if a proper effort had
been made at the proper time the mob could
have been held in check. No one doubts