The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-01-23
RAILROADS AND STOCK KILLISG.

We notice by legislative reports that Rep
resentative Potts has introduced, or given
notice Of the introduction OF, an act to re.
peal the law now on the books In relation to
damages for stock killed by railroads, the
occasion assigned therefor being that the
Supreme Court having pronounced the act
unconstitutional It should be repealed, to
the end We presume that an enactment may
be had which will accomplish the end sought
and stand the constitutional test. Not be-
ing advised to what extent the decision In
the recent case went we inquired Of j. G.
Robinson, ESQ.,, who was an attorney in the
case, who gives us The following statement
"Thers seems TO be misspprehenslon as
| 10 what was decided In the case of Groves
| VS.. The Northern Pacific Railroad Company
Mt the present term OF the Supreme Court Of
this Territory, involving the validity of the
act Of 1888 requiring railroad companies TO
pay for stock killed by them. The act con-
tains two separate propositions, to-wt: One
making them liable irrespective Of any neg
ligence on the part Of the company, and the
| other as TO the method Of assessing the dam
ages, l. e., the value Of the stock. The case
decided involved both questions, but the lat.
ter only was passed upon, the Court holding
that portion of the act voiG, and for the pur-
pose Of The case before 1t, IL was unnecessary
| TO pass upon the other. If the first part Of
the act should be declared valid by some fu-
ture decision the present decision would not
afa 81 ~ Ia 10
difference IL would make would be that the
value Of animals killed would have to be
proved in court instead of by a more circui- !
tous and difficult method, in fact, as provided |
by the part Of the law held to be void"
Although tho Union Pacific Company has
never contested the above law, and has, we
believe, always paid damages as assessed un-
der il, or agreed upon, the Northern Pacific |
Company has all along denied and contested |
tin some instances compromising on par |
tial compensation with the owners of stock |
killed rather than litigate. The n. 7. Com
pany asserts that Congress has granted it a
right Of way upon which to operate a rail-
road, and that unless carelessness, negligence
or willful wrong can be proven on the EN-.
ployees in operating the road, the company
Is not responsible for any stock that comes
on Its right of way and is Injured In the oper-
alton of the road; 1t even goes further and
asserts the. the owner Of such stock might be
held for all damages resulting to The compa.
ny by Its trespass.
The decision of the Supreme Court break
L. II. IL. |
the company less persistent in Its purpose,
and, although the liability of the company
is still maintained by that portion of the act
which has not been decided void, we helieve
q better law, and one that would stand,
might be enacted. 1t seems to us, however,
IL would be we'll TO lie. the present one stand
until repealed by clause in the better one.
The better solution. of this matter is, we
believe, in law requiring railroad compa-
mics 10 fence In their lines of track. The
authority to do this as public regulation
comes under the rightful subjects of legisla.
ton authorized by Congress to the Legisla-
lures Of the Territories, and SO far as we can
ascertain has invariably been sustained by
the courts. The fencing of tracks would re-
duce the dangers of stock killing to the min
imum, and 1t would vastly increase the Sc.
cnrity to life and property In operating
trains. We venture TO say that If The losses
in amounts paid for cattle killed, and the de-
struction of engines, cars and freight on the,
Utah & Northern, between the south line Of
the Territory and Garrison, by striking
stock since the construction of that road,
were ascsrtalned, 1t would be found more
than would have been the cost of fencing the
line. Aside from this, several lives have
been lost by these accidents, trains delayed,
aud life and property unnecessarily imper-
He'd. We are not familiar with the record
Of accidents and destruction on the Northern
Pacific. We respectfully submit the sug-
gestion of fence law TO the Legislature, and
while IL Is making railroad regulations there
should be one as TO the maximum rate Of
speed through towns and villages.