The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-09-27
PUBLIC LIABILITY.

An officer of the Chicago and Alton rail-
road has served a notice on the Missouri au-
liberties that they will be held responsible
for the damage resulting from the recent
train robbery. The judicial decisions in the
cases Of property destroyed by a Pittsburg
mob have never been fully accepted as a cor.
rect enunciation of the law Upon the subject
of governmental liza bility for individual loss.
1t that were a correct principle of law, every
one that suffers from burglary, highway rob-
berry, murder or criminal assault. could main
tain his action against the Stare. The ex-
press company doing business between Mon
tana and the balance Of the world would have
a big bill against Idaho, which has long exer-
cised jurisdiction over the country about Port
Nenf canyon. or course, individual suffering
from lawlessness cali be recompensed without
great hardship by the public; but, if the gov
eminent undertakes to enter upon the bust
ness Of equalizing losses, it will End that it
has undertaken a large contract. 1t is the
duty of the government to suppress horse
stealing, for instance. A man may turn his
horse upon the commons, and it may be
stolen. 1t is . hi to lose his
hors-. Il cdsh p upon the public
tom -. 1t Is one of the func.
tons 0. government to open highways and
keep them in repair. Unsafe bridges or roads
in bad condition may occasion serious loss to
individuals. Instances of public liability,
where the government had shown neglect Or
failure in the exercise of its functions for the
security and protection of citizens, might be
multiplied indefinitely.
fall men were honest, and could be relied
on to bring in nothing but meritorious claims,
it might be well for society to undertake to
equalize losses growing out Of ineticiency or
failure of governments in the exercise of
their legitimate functions. Utopian dreamers,
whose imaginations have wandered oil in a
search for the conditions Of a p .rtect state of
society, have located perfection among those
people where losses were equalized and whose
wealth was distributed. Cooperative schemes
and socialistic communities are founded up
on these theories. They are altogether I'M
practical and visionary. They are merely
SASSPtioio t'S NchShA pA'h
ciples which society has elaborated from the
experience of ages. There must in the ma
ture of things be losses to individuals, and
these losses will Distribute themselves
through the mass Of thu people. A fire may
sweep away the accumulations of years, and
its origin may be traced to q want of precau-
ton, and its spread to a governmental failure
to provide means for it's extinguishment but
it would be a dangerous policy for any gov
ernnent to attempt to make good any such
losses: The failure to adopt and enforce san
ilary regulations may cause sickness and
death but no government can undertake to
cure the nliseries and expense growing cut of
its neglect.
The liability OF n government for losses &C.
casioned by a train robbery is not varied from
what it would be in the cases suggested. Ev-
cry case Of this kline for damage proceeds on
q presumption of neglect. The claims for
indemnity by foreign residents living in a
country suffering from war are based or the
duty Of the government to protect
the property Of such residents. In these cases
he proved impotence Of the government op-
81 ates as no bar to the claim. The govern
of the United States has paid indemni-
~ claims for losses in the South at a time
when that section was beyond its control.
The governmental power of protection is pre-
'umed as all attribute Of sovereignty. 1t has
seemed that there was All unreasona-
lble refinement of nonsense in the principles
If international law governing these matters.
A foreigner, who takes up q domlcile in a
ought to have no preference over the
To indemnify every citizen, loyal or
my government. If a government has put
'orth its full power to protect the property of
he citizen it has fully discharged its obliga-
ion. And 1t may be az justly said of a local
when it has provided courts and
x%ecutive officers, that it is fully relieved of
IL liability for loss through lawlessness. No
can undertake to put guards
long every thoroughfare or send an escort
With overy train or stage coach. If it adopt
uch measures as it can, commensurate with
is power and revenue, it should be absolved
rom further obligation. Although this ques-
ion has been raised outside of his Territory,
/ is OF vital importance to us. The question
If governmental liability is not among the
DUPLICATED ones, and is one that all people
ave All interest in seeing the lines clearly