The Palatka daily news. (Palatka, Fla.) 1884-1888, 1886-07-17
The stock mems Association.

ut StDt
The meeting at Entrrrrlsr last Natur
day see its proceedings in another rHl-
unnl grew out If grievances felt ~ the
stoskmen on account. IA they claimed,
nf the non payment fur their stock
killed or injured 10y the railroads, par
tirularl,, so far as NoluSia is concerned.
the Jacksonville, Tampa ami hey West.
Having been invited To te present, ""
we're on hand. and had some opportu
nlts Ia Judge of the temper OF the I.n'
lle 1here MAS much feeling mani
tested, tsIsc ally until th" meeting aS-
semblrd. Indeed, II Was apparent that
~, large IA crowd -siA or seven hundred
could not have btn gathered together
on ST. short a notice. without s"in"
stTungly imIelling motive. The action
of the meeting, particularly the rrs"lu-
tions. which are IN the main ronciIia-
tory, tended much to sonthe the sense nf
wrong which hal been increasing IN IN
tensity with every fresh INJURY claimed
To- have been i,tlicted on stock hy the
read: and the fact that steps had actu-
their wrongs. ualS.'d the people to la,S,'
and reflect. The remarks OF Judge No
Ian, though sometimes severe, were
able, and as is always the ease with
What he SAYS. entertaining. The post
tion taken by th" writer WAS that the
whole trouble has grown out Of the IT,
cision ot the supreme court IN the ease of
j. Il. Geigrr ". the =, +. y W. Rail
road. from Nassau county. Not that
TIE court hns wrongly INTERPRETED I'll"
law. but that It's Interpretation has gi\"n
the railroads AN advantage over III"
stwkurn ut which. It l. alleged, they
a>ail.,l themselves. The two points oi
difficulty are the proof M negligence.
and Of the value IL the stock killed,
manned or injured. lh. et"km'n
claim that under the Law. or II not II
ought to t+ 81. when stock Is killed ar
injured 10y the engine or ears Of rna,.
that the tact is. or should he. prlma facle
evidence Of negligence on the part ni the
road. The supreme court says 1t Is not,
but that negligence must IL" arcfred ana
proven by the stock owner. This Is n
very great hardship. and amounts I"
DENIAL uf Justice to the stWkinen, " IN
sisted On by the roads, Under our laws,
neither the railroads nor stock owners
are =, pulred to fence IN their property
In this respect both ar" upon an equality
the rights ot both are the same, 81 that
the stmknen air no disadvantage ON
that score. Moreover. IN this spaiNrl'
settled country. especially IN the stock
RANGES, where the cattle wander IN
drovrs and 10 great distances. the
instances are exceptional when the
owner of AN animal, or any one of
his n,,phhors. sees 1t killed by train.
Hence. To require him to prove negll
g"nCr ls, IN hliYty -h'ne out "t every
hundred instances SIMPLY tn require an
imposs ibilitv, and to leave him without
redress. But with the railroad the facts
are. aiw avs ami necessarily different. I'm
engine ar a train cannot Kill or injnrc
an animal without from two to many
persons seeing it; and, IL 1t were AN uh-
avoidable accident there is 10 difficulty
IN establishing the fact. The transfer ot
the presumption Of negligence there
fore. and requirement ot Ii"i that u
dbl not exist. Is NO hardship On the ra'l
roads they ALWAYS have witnesses while
il rs Iar, that the stockowner has. The
s,,,r,,ur r,i,rt SAYS. in III" decision r'-
f.rr..i tu, >.rlning', tn Indicate to the
st,nkn,,n their remedy ON this p"lnt,
that the Legislature NAV proNltl" that
proof ut the killing ar dan'a.," to l'\r
stock 10y "A railroad tram ur rnt'n', shall
b- prima iacir p>nlrnrr of n"rIgrtr" "n
the part "t railroad company "r other
,rt-oiI operating the rallr"ai.
| pom the other point. fixing the value
uf th, -to,l IN jur.d or killed. tlnt" Is
murh uur- d,tllrnlty N finding a basis
ot adjustment, equitable ~ lt~'l', "
easy application to individual eases. ana
i,-, t. hulI Sides The act oi $50 un
d,rtuok to rs,abl,rh the proposition that
affidavit W the owner ct an annual
killed hy railroad. ct ut some disIut'r.
ested person acquainted tlmf""lh'
.inuid i. conclusive ~ tn Its value. iiut
th,. s,iprrmr court. ~ the decision al
t,a,k referred TO- declares that act mop
,rati,. hv,a,l.p If inrurualitv IN H. pas
saR. M the lrgislnrurr h'sllre, th"
railroads claim. With much .hnN oi rr"
lr,.ty. that such law rstnps them from
sli defense Nv proof ut error "r lrahd,
and make. them tI" ,lrttn- of di-hnn-
ct and ,lc-ipnIng men. 1t ha' been -tlg
p,st.,i that "A fixed schedule ut values
might l4 established. the genrtal aver
aye of which would ln fHir tn both -I't's
1u this there are several serious nhl"'. |
tons. The stock Of H." ruuntlN i not
uund ~ rol,mon Mv n',gi'l"r may
uuua hundred ur Il thousand, ahd nn
or ten. The general atrrag" nt hi~ ten
ordinary stock cAttl" killed. lnrt'',n"
calves. ,paring- and cows. might W
fair compensation for him; hnt how
would it be- in the cas-" "f my sln"I'
bIuud.d mitch COW. that cost me- NOR"
than his ten stock cattle wu'IIi sell i"f
in the market il alive. Etnl"nilt tltr /
fixed schedule plan will not work W"'l
go long ~ there il such variety IN at', 7
sex. condition hlooh, etc Of cattr
w. shall aluhp to tins subject AGAIN ,
The resolutions adopted hy III" Enter |
prize ,nrpting ask for relief to thu stock |
men hy the legislature. This Is right .
and both railroad men and stock men
should. in the meantime. Pd'irrss them
selves to asrertaining an equitable anu
easily adaptable mode Of e@rar" from the
dle,uma Sanford journal
stock I,ai-rrs' Meeting at Enterprise
Fla, July 10. 1886
At meeting ot til" c'tih'ns # \"h
sia county. held pursuant t" notIc" IN
the 10th day # July, \. -. lsS6. Tor