The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-02-24
SUPREME COURT RULINGS.

SUPREME COURT RULINGS.
Tho Rights Of Railroad P~aseneers-A
Texss Fever Case-Ths Metropolitan Pc.
LEO LAw-10vern0F Martin and Grant
County.
TOPEKA, Kan, Feb. 1a-May %, 1885,
Giants, . hotel clerk at Wichita, brought
suit in the district court Of Harvey County
against the Atchison, Topeka & Santa Fe
Railroad Company, alleg ng that May 10,
1855, he purchased q ticket at the COM
pany's ofice in Newton emitting him to Q
first-cIxss passage from Newton to Pea
body and that when the train was about
three miles from Newton the conductor
and trainmen forcibly elected him. perma-
nently injuring him. He claimed $50 600
damages. The railroad company in IT'S
answer alleged that the plaintiff attempted
to ride on the fast passenger train bound
eastward, which according to the rules
snd regulations Of the company, which
were known TO Giants and tho travelling
public generally, did not stop at Peabody
and that the conductor put him of the
train, using no unnecessary force, b.cause
he refused to pay fare to the station be-
yoAa Peabody (Florence) at which the
train would stop. aud further because
when the conductor informed him that the
train would not stop at Peabody he insisted
upon riding upon the train aud bch aved in
such . manner as to justify the conductor
In ejecting him. The trial was had at the
February term OF the district court Of
Harvey County in 1856 and the jury
awarded Giants LOCO damages.
The railroad company appealed to the
Supreme Court, which tr bunal decided
Saturday that railroad company might
adopt regulation that ono Of its through
or fast trains running regularly on its road
should only stop ut certain designated sta
lions or places; that it was the duty OF q
person about to take passage on railroad
train to inform himself when, where and
how he could 60, or stop, according TO the
regulations Of the railroad company; that
whea person purchased q railroad ticket
for designated station upon a railroad
without making any inquiries or ascertain
ing what train stopped at the station to
which he desired to 60, and subsequently
took his scat upon car Of train which,
according to the regulations Of the com
pany, did not stop at the station for which
he had the ticket, and such person refused
or. to the next station at which the train
was to stop, and also refused to leave the
train when requested so to do by the con-
ductor after he had stopped the train at
suitable place for that purpose, such per-
son was a trespasscr upon the tran and
might be elected. The judgment was
for new trial.
ANOTHER JUDGMENT REVERSED.
Tor EKA. Kun, Feb. 13-The Supreme
Court has reversed the judgment Of the
district court and ordered new trial IN the
ca Sc of Leander Finley vs. the Missouri Pa
cific Railway Company. which was brought
in Brown County in 1855 and a judgment Of
$3.50 awarded the plaintiff for damages
caused by communicat ing the Texas fever
to plaintiffs cattle by reason Of diseased
ANIMALS shipped by the railroad company,
which were thrown from the track by AN
accident near the plaintiffs premises. The
Court, in its opinion, holds that when a
railway company, transporting through
this State, upon train Of cars, cattle dis
eased with the Texas, spleuic or Spanish
fever, has its train wrecked within the
State, so as to make it necessary to unload
the cattle, and thercupon is notified tina.
disease among dOmesticated cattle IL per-
rnitted to run at large or II driven upon the
public highway, it should corral the cattle
ut or near the wreck, or otherwise prevent
them from running ut large or getting upon
the public highway until reloaded. II,
however, it drives the cattle. after receiv-
ing notice Of their diseased condition, upon
the public highway, it does SO at its own
nd t. 1,otp II. 10 t,t, 90 f<v
The damages arising by the communication
of the disease or fever 10 domestic cattle
rom the cattle SO diseased, provided, the
owners Of the domestic cattle are not gull
~ OF contributory negligence.
THE METROPOLITAN POLICE LAW.
ToPEKA, Kan, Feb. 13-The Supren
Court Saturday rendered its opinion de-
,laring the Metropolitan Police bill constr
tutional This was in the case brought up
from Leavenworth The opinion is
engthy one, covering all possible grounds.
md declares the righ. OF the Legislature
o regulate police government Of cities,
which are creatures Of the State. excrcis-
ny municipal functions under legislative
authority. 1t is set forth that the execu.
i've department has not in any manner |
been granted legislative functions. as it
,end one word Of the law creating q metro |
,olitan police.
In the case from Wyandotte asking for o |
nandamus to compel the City Council to |
ray the police, the court decides that the |
,oiice salaries are just debts Of the city, |
md may be collected tho same as other |
lebts in the court. Hence il Is unueces- |
AIRY to exercise the extraordinary func- |
ions Of a mandamus by the Supreme Court |
This decision reaffirms the constltutionality |
Il the Metropolitan Police bill.
CURIOUS CASE.
TOPEKA, Kan, Feb. 13-Some time since |
Judge Guthrie granted an injunction re. |
training the Governor from organizing |
irant County. Tho Supreme Court Satur. |
lay dissolved that injunction. holding that |
he Governors Offices were purely ministe-
ial and mandatory. There was some law |
u this case, but little common sense. As |
8 conceded, there could be no penalty at |
ached to the Governor for dIsobcying the |
riders of Judge Guthrie, who might fine or |
mprison him for contempt. but the Gov. |
.rnor could so quickly and SO often pardon |
himself as to make any judge a very weary
nan. 1t is understood that there will be
mother injunction asked for Immediately. |
Glover's Telegraph Bill.
WASHINGTON. Feb. 1a-Congressman
ilover's bill subjecting telegraph compa
lies TO regulation by the Interstate Com
nerce Commission, the same as railroad
,mpanies, is stuck in the Commerce Com
nittee, to which it was referred. The
riends 81 the measure are therefore grow