Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1888-06-23


r HIAwATHA, KAs., Dec. 20, 1887.
Col. JOHN DoNIpHAN-DEAR SIR: Al
old and inirm client, living on th'
Morril section, complains that on oI
about May 10th, 1886, the railroad com
pany, its agents, servants and employees
by means Of divers wicked and diaboli
cal inventions and devices, known as
locomotives, ran upon, Owe and against
n colt of great value and good blood, tC
him, the said--belonging and APP.
pertaining, and Of the price and worth
of forty-fve dollars, and killed it. That
he has, on divers times and occasions,
written to the head office of the st. 10.
seph and Western demanding compen-
sation and information as to what the
company would do, only to get no re-
plies whatever. He now comes to me
as one of that fraternity to bring CON
ISOLATION to weary souls, in such cases, as
are made and provided by the laws of
Kansas, and wants suit brought i'm
mediately if not sooner" as remarked
by a deceased politician.
Before the mill is started to grinding
tell me what you know ofthis claim and
why it has not been paid.
Yours truly,
G. w. JOHNSON.
Coz. DoNIPHAN's REPLY.
ATTORNEYS OFFICE, ELwooD, KAN, Dec.
u.
Hon. G. w. JOHNSON, HIAwATnA, KAN:
DEAR SIR;-Your chapter of lamenta-
tons under date of December 20, is at
hand, and portrays, no doubt truthfully
the deep grief of your client, who lost a
wee bit Of colt" by reason Of the
| wicked and diabolical action Of a new
and dangerous continuance called a loco.
motive. Your graphic letter shows lAm
like Rachael of old, weeping and re-
fusing to be comforted because his
little boss" is not; nor will he be
modified or his grief assuaged except by
a representative animal TO be furnished
| by this company in the shape of Il gold.
| Ell calf Of $40 fineness.
You further intimate, no doubt, by
way of admonition to the company and
as a matter of e"1ification to its in
dustrious attorney, that you are about
to invoke the aid of the blind goddess
to hold the scales in equipoise while q
granger jury shall command the com.
pany ito stand and deliver"
LEST you bring suit for the Si5 'im-
mediately, if not sooner" l will answer
your candid letter from our standpoint.
The reasons why we have not dried
the tears of your honest Niobe by pay
ing that sum-, are plenty as ~blackberries,
and unlike jovial Sir John, | will give
| you some "On compulSion."
LIST. The pony was only appraised al
thirty dollars, and we offer to pay that
sum, which was more than the value Of
the deceased Bucephalus.
I'd. Poverty of resources on the par,
OF this company, preventing it standing
the additional raise of fifteen dollars.
Sd. Want of liability on the part o.
the company.
4th. Contributory negligence upon the
part of the colt.
9Th. Inability to grasp the problem o.
value as attached to the animal by your
client.
9th. We claim that the colt malicious
ly and ~designedly, intended to obstruc'
the road, impede its engines and injur,
its business, approached the train at
private crossing, where the colt had NJ
right of way, easement or franchise, an.
wickely collided with the locomotive tt
the injury of the beast and great DISCUS
of the engine.
We deny that we killed the colt, bu'
expect to show that its death resulted
from the malpractice of your client il
knocking il in the head because it la,
two broken legs. This line Of r~ailroa,
has been operated for years at a loss L
its owners, but in the interest of kansa!
progress, and if you and your client arr
inclined to close up this great artery o
commerce for the paltry sun of fifteen
dollars, SO be it; you will be %anathemiz
ed by generations of the exodus We
dreaming in content upon the sunny
banks of the YaZoo. We cannot anor1
to pay for horsefesh by the pound, MOI
at prices above those commensurate
with the Arabian blood, so common 1
strain in Kansas breeds. l. doubt i
your clients colt was a pure Godolphin
as he did not 90 fast enough TO escap,
the engine, nor had he gone far enough
in life to have reached a record of forty
five dollars.
The company is not liable, as the col
was too small to be seen forty rods,
except with a glass and none Of on
engineers use a glass, rs aid to the eve
The mother Of the colt is to blame fol
permitting so young an animal to stray
on the track alone. The superintendent
of the company, moved by that Christ
ian charity characteristic of his man
%agement, promptly offered to pay youl
client the appraised price. He Still ex.
tends the Dough, and while the lamr
holds out perhaps you had better accept
We do not court a law suit for any sum
as we desire to remain at peace, with
all the world and the rest of mankind
and especially do we disclaim any de-
sire to exercise the skill Of the average
Kansas justice Of the peace in guessing
at the law where the defendant is a
railroad corporation.
There is, perhaps, a time coming in
the hereafter, when a Kansas jurist may
be apotheosized, to that time the rail.
road attorney looks forward with ardent
JOY, that period yet in the future when
we will have a chance before a Justice
of the peace on a stock claim.
This company seems to be employed
in encouraging the growth of scrub
stock IN Kansas, (as it only kills blood.
ed animals) and | hold the exercise OF
this power is ultra wires" and should
excuse payment, because against public
policy. AS if by instinct our locomotives
seem to know "the true prince" and
crush over the blooded animal without
compassion, while they obey the per.
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