The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-09-25

road Company=-this being a highway.
The Trial Justice held this plea insult
ticicnt, found the defcndahis guilty rs
charged, and sentenced them each to
pay fine Of five dollars, or be i'm
prisoncd for ten days. From this
sentence the defendants appealed to
the Court Of General Sessions. The
case was fully argued before Judge
Fraser, Col. Jas. II. Rion appearing
for the defendants, and Solicitor Gas
ton representing the State. After
holding the case under advisement for
some days, Judge Fraser filed tho fol-
lowing dtcisioni
These 'cascs came before me at the
September term of the Court Of Scs-
sions, 1888, on appeal fropi the judg-
.ncmt and sentence Of Trial Justice
Neil. The cases were heard together.
There is no dispute about the facts.
At the time the defendants were
warned to work on the common high
ways they wero employed as road
hands to work on tho road-bcd of the
Charlotte, Columbia 81 Augusta Rail-
road, which railroad is, by the laws of
the Unilei States, post rohd; and by
the laws Of South Carolina Lublic
highway. They wcrc so employed by
the said railroad every day in the year,
Sundays excepted, and were engaged
III Keeping the 'road-bcd Of said rail
road in safe condition for the trans
porlation of merchandise, passengers
ahd the United States mail, and that
no more hands were So employed Oh
the road-bcd of said railroad than is
necessary to keep it in Il safe condition.
1t was admitted that The defendants
were duly, warned to work the high
ways and that they failed to do 50.
The defendants were convicted and
sentenced to- pay each fine Of five
dollars or be imprisoned ten days in
the county Jail. The defendants ap-
peal on the grounds
l. That their employment, rs above
stated, IN the service Of the railroad
company is "justifiable excuse"
9. That being so employed thew are
not liR5lc to road duty.
These defendants are not the en-
ployes Of tho government, either State
or Federal. They have no claim Oh
the government and are in no way
responsible to it. They are employed
and, | take it, paid ard can be dis
missed by the railroad company at its
pleasure. Except that they arc paid
for The time they work and not by the
jnb, there is no difference between Them
and those who get out cross-tics, bridge
and trestlc timber and firc-wood.
see nothing in the nature of their con-
ncction with the railroad. company
which cXcmpts them from road duty.
They are not exempt by statute rs a |
class.
What is q justifiab!e excuse is not !
defined in the Acts. | think, however,
that ii must be something in the nature
OF an emergency, which cannot, with
reasonable care, be provided against |
as sickness or death in ones family, or
even Of Il near nci9hbor or friend, |
where tho common interests Of human
lty demand that business shall be laid |
aside for the care OF, the sick and dv-
ing. Some heavy loss from fire or
flood might be sufficient to excuse the |
sufferer during the temporary pres
sure on him. [ take ii that ahy sud- |
den and unexpected demand on the |
railroad. company tn rop"ir d"moseo
from frcshct or some accident on the |
railroad might excuse the railroad ,,
hands. There is nothing of the sort
in this caSc--nothing which could not
have been provitle.! for. The railroad J
company only employed lands enough !!
I" do their work, while it would have
been easy to have employed sufficient
force to do its work, making proper
allowance for that which the State |
demands. | do not think that any
class OF persons not named as exempt J
in tic Act can plead their employment
or occupation rs ipso .fttcto valid or
justifiablc excuse for failure to do road !
duty.
The Judgment Of tho Trial Justice in
these cases is therefore confirmed.
II. R. FRASER,
Presiding Judge.