The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1889-12-07
THE PEOPLE rs. THE RAILROADS.

SATURDAY,. DECEMBER 7. 1889
THE PEOPLE rs. THE RAILROADS.
Wasco county juries have no preju-
dice in favor Of railroads, and the rea-
son is apparent why they have not. A
juror is an ordinary mortal, and is no
better or no worse than other people.
If he suffers what he considers wrong
he is liable to treasure the remem-
brance "and nurse his wrath to
keep 1t warm" During the quarter
of a century or more that the railway
has been engaged in business in this
county everything done by it has been
for its own aggrandisement-the rights
of the producers and shippers have
never received the least consideration.
Freight charges have been placed at
such figure that they have become
almost an unbearable burden, and have
had the effect to impoverish the settler
and retard the development of the
country. All petitions for redress
have received little or no attention,
and the only relief has come from lee L.
lative bodies or from competing lines.
The hardships which the people have
suffered have made them bitter toward
corporations, and this bitterness may
have tinctured their actions toward
railway companies. There are two
important instances in which the SOW
ereignty of the people are exerted in
this nation, and perhaps only two.
The one is at the ballot and the
other is in the jury box. The expires
sion of sovereignty is weaker in
the former than in the latter, because
conventions are so much under the
domination of politicians that fire.
quently the result can be easily pre-
determined; but this is not true of the
verdict of Juries. Not infrequently
one conscientious or stubborn man has
gained the other eleven to decide &C.
cording to his views of the case.
Of course,i there is any predisposition
on the part of the juries to judge more
strictly the actions of railway than
of an individual it is wrong, and 1t is
a matter that deserves criticism. The
very nature of capital is to become
selfish and sordid, and very likely the
man of moderate means who is kind
and sympathetic to day if he were
wealthy tomorrow would think more
about the safe investment of his money
than the relief of his fellows. As cor
porations of all kinds are simply an
aggregation Of wealthy individuals, the
same rule is applicable to them. But
this is no reason why in the sight of
the law they should not enjoy the same
immunities from damages as individ-
uals. That in many instances juries
have inflicted heavier penalties
upon railway or steamboat companies
than upon individuals for the same
negligence may be true, and while it
is human nature to do SO, yet this
does not make it right. In the case of
Peabody VS.. the o. R. & N. Co., tried
during the present term of court, ,he
plaintiff asked for $50. 1000, and receiv-
ed verdict of 1900. Tie jury, which
was an intelligent and conscientious
one, undoubtedly considered this sum
the full measure of damages, and
in decreasing the amount sued for,
considered that the ends of justice
were fully satisfied. 1t must be un-
derstood that if passenger travels on
any railroad train he must comply |
with the conditions of the contract,
and if he violates these he must stan d |
the consequences. Mr.. Peabody may
have considered himself injured in the
full sum he sued for, but the jury, in
the exercise of its discrimination,
thought differently. 1t is always ad-
v.sable that the jury,as the arbitr ator
between the injured and the person or
persons causing the injury, should take
all matters into consideration and ar
rive at just conclusion. We must
that the railroad mo-
nopoly of Eastern Oregon has been
most arbitrary and exacting in its
dealings with communities dependent
alone upon it as means of transpor-
tatiou; but this should not influence
the verdicts of courts. The managers
and directors of corporations are in
dividuals, and as such, if they deem
the company which they represent un-
Justly treated, are liable to take re-
venge on the community. In this
manner the mary may be punished
or the few, and this will
'e fagraut injustice. In this regard
We believe corporations have acted
nore frequently from motives of re-
enge than juries or citizens. and are
lore responsible because they have :
etter opportunities Of venting their 4
pleen. But this spirit is wrong +
'herever it exists, and none other s
ian legal means should be resorted to
any instance. All corporations are
'eatures of the statute and as such +,
.e amendable to law; and by this q,
cans the people can apply any rem G.
ly which they desire. On the con- c
ary il railroad company cannot r,
ceive substantial justice in jury r.
ial, they have abundant means to v
peal to higher tribunal. There is =
, excuse for spite or spleen in either :.
Sc, aid their exhibition is unjust on IL
e part of railroads or of the public. a