Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1888-02-23
SUPREME COURT RULINGS.

SOPHEME COURT RULINGS.
The Rights OF Railroad Passeneers-A
Texas Fever CAse-Ths Metropolitan PO-
llce Law-Goverhor Martin and Grant
County.
Topeka, Kan, Feb. 13-May %, 1885,
Giants, q hotel clerk at Wichita, brought
suit in the district court Of Harvey County
against the Atchison, Topeka & Santa Fe
Railroad Company, alleg ug that May 10,
1855, ae purchased q ticket at the cotn
pany's Office in Newton entitling him to q
frst-class 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 injuriug him. He claimed $4,000
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
and regulations of the company, which
were known to Giants and the travelling
public generally, did not stop at Peabody
and that the conductor put him on the
train, using no unnecessary force, because
he refused to pay fare to the station be-
yond Peabody (Florence) at which the
train would stop, and further because
when the conductor informed him that the
train would not stop ut Peabody he insisted
upon riding upon the train and behave ed in
such a 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 1885 and the jury
awarded Giants q, GOO damages.
The railroad company appealed to the
Supreme Court, which tribunal decided
Saturday that railroad company might
adopt regulation that one of it's throu gh
or fast trains running regularly on its read
should only stop at certain designated ata-
tiOns or places; that it was the duty OF a
person about to take passage on railroad
train to inform himself when, where and
how he could go, or stop, according. 10 the
regulations Of the railroad company; that
when person purchased q railroad ticket
for a 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 seat upon car Of a train which,
according to the regulations of the COM
paDy, did not stop at the station for which
he had the ticket, and such person refused
to pay his fare, on demand of the conduct
or, to the next station at which the train
was 10 stop, and also refused to leave the
train when requested so to do by the con.
ductor after he had stopped the train at a
suitable place for that purpose, SUI b per-
son was a trespasser upon the ira n and
might be elected. The judgment was
therefore reversed and the cause remanted
for q new trial.
ANOTHER JUDGMENT REVERSED.
TOPEKA, Kan, Feb. 13-The Supreme
Court has reversed the judgment Of the
district court and ordered a new trial IN the
case of Leander Finley VS., the Missouri Pa
cific Railway Company. which was brought
in Brown County in 1885 and judgment CT
$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, splenic or Spanish
fever. has its train wrecked with n the
State, so as to make it necessary to unload
the cattle, and thereupon is notified that
the cattle are from Texas and will spread
disease among dOmesticated cattle if per-
mitted to run at large or If driven upon the
public highway, it should corral the cattle
at or near the wreck, or otherwise prevent
them from running at large or getting upon
the public highway until reloaded. If,
however, it drives the cattle after receiv-
ing notice of their diseased condition, upon
the public highway, it does so at its own
peril, and is liable under the statute for
the damages arising by the communication
Of the disease or fever 10 domestic cattle
from the cattle so diseased, provided, the
owners Of the domestic cattle are not gull
ty Of contributory negligence.
THE METROPOLITAN POLICE LAW.
TOPEKA, Kan, Feb. 13-The Supreme
Court Saturday rendered it's opinion de-
claring the Metropolitan Police bill consti-
tutional This was in the case brought up
from Leavenworth. The opinion is a
lengthy one, covering all possible grounds,
and declares the right OF the Legislature
to regulate police government of cities,
which are creatures Of the State, exercis-
ing municipal functions under legislative
authority. 1t is set forth that the execu-
tive department has not in any manner
been granted legislative functions, as it
has not been given power to change or sus-
pend one word of the law creating metro
politan police.
In the case from Wyandotte asking for
maadamus to compel the City Council to
pay the police, the court dec. des that the
police salaries are just debts of the city,
and may be collected the same as other
debts in the court. Hence it Is unneces-
sary to exercise the extraordinary func.
tons of a mandamus by the Supreme Court
This decision reaffirms the constltutionality
Of the Metropolitan Police bill
CURIOUS CASE.
TOPEKA, Kan, Feb. 13.-SOme time since
Judge Guthrie granted an injunction re-
straining the Governor from organizing
Grant County. The Supreme Court Satur-
day dissolved that in junction. holding that
the Governors offices were purely ministe-
rial and mandatory. There was some law
in this case, but little common sense. AS
is conceded, there could be no penalty at
tached to the Governor for disobeying the
orders Of Judge Guthrie, who might fine OF
imprison him for contempt. but the Gov
ernor could so quickly and so often pardon
himself as to make any judge a very weary
man. It is understood that there will be
another injunction asked for Immediately
~
Glover's Telegraph Bill.
WASHINGTON, Feb. 13.-Congressman
Glover's bill subjecting telegraph comps-
MES to regulation by the Inter State Com.
merce Commission, the same as railroad
. rmpanies, is stuck in the Commerce Com
mittee, to which it was referred. The
friends of the measure are therefore grow
nN apprehensive as TO its fate, and to-
Congressman Guenther, of Wis
consiu, will introduce bill comforting