St. Paul daily globe., 1889-01-08
COMPENSATION FOR PoRKERs
The Minneapolis & st. Louis Road
Must Pay Oliver Beckwith's

MuSC ray OlIVcf DcCkWItu
Bill.
WASHINGTON, Jan. 7.-The supreme
court of the United States to-day rem
dered an opinion in case No. 100, the
Minneapolis & st. Louis Railway COM
pany, plaintiff in error, versus Oliver
Beckwith, in error to the circuit court
of Kossuth county, Iowa. This is an
action brought to recover the value of
three hogs run over and killed by the
engine of the railroad company. The
case involves constitutional Ques-
ton, and has attracted considerable
interest in the West. Under the
law of Iowa, railroad companies neg
lecting to fence their road are liable for
damages for stock inj ured through such
negligence, and if they refuse to pay
the value of the damage done within
thirty days, the owner OF the stock may
recover double damages. 1t is con-
tended by counsel for the railroad COM
pany that these provisions are uncon-
stitutional, on the ground that they de-
prive the company Of property without
due process of law, and deny to it the
equal protection of the laws. The su
preme court holds in an opinion by JUS
tice Field that the law does not with
hold the equal protection of the laws.
The clause in the constitution. it says,
is not designed to limit the police serv-
ice of the state, and it has been repeat
edly held that where business is
attended with unusual dangers, the
states may properly impose restrictions
upon the business, the only condition
being that all those engaged in the same
pursuit shall be subject to the same re-
strictions. AS to the allowance of
double damages being unconstitutional,
the court says that it is the duty of the
railway company to keep its track free
from animals, and that its neglect to do
so, by adopting reasonable means for
that purpose, justly subjects it to puni-
tive damages where injuries are com
mitted by reason of such neglect. The
imposition of punitive, or exemplary
damages, cannot be held to be a depriv-
alton of property without due process
of law. 1t is only one mode of
imposing a peualty for the vio-
priety and legality have been
recognized by repeated judicial deci-
sions for more than century. The
Judgment of the lower court is, there
fore, affirmed. The supreme court also
rendered an opinion in case 1OS-Cyrus
H. Mccormick and Nettie Fowler Nc
Cormick, executor and eXecutriX of
Cyrus II. Mccormick ct al, appellants,
versus Peter Whitmer, administrator of
Hugh Graham, deceased; appeal from
the circuit court of the United States
for the Northern district of Illinois.
This is suit brought in 1887 for the in
fringement Of a patent granted Graham
for an improvement in harveSterS. The
decision of the lower court in favor of
Graham is reversed, and the cause re-
manded, with directions to dismiss the
bill with costs. Opinion by Justice
Blatchford.
Among the other decisions in the su-
preme court of the United States today,
were:
No. 127., James T. Sargent ct al, admins
burgess Appeal from the circuit court
United States, for the Eastern district of
Pennsylvania. Decree affirmed, with costs.
Opinion by Justice Blatchford.
No. 1856. Frederick W. Bauer, a minor
and P. E., VS.. The Texas d Pacific Railroad
Company. In error to the circuit court
United States for the Eastern district of
Arkansas. judgment affirmed with costs,
by divided court. Announced by Chief
Justice Fuller.
No. 139. The Continental Insurance Com
pany of New York, P. E., VS.. David Wright.
In error to the circuit court United States
for the Southern district Gf Illinois. Judg
ment affirmed, with costs and interest, by q
divided court. Announced by Chief Justice
Fuller.
No. 14O. The Fire Association of Phila-
delphia, plaintiff in error VS.. David Wright.
In error to the United States circuit court for
the Southern district of Illinois. Judgment
affirmed with costs and interest by a di
vided court. Announced by Justice Fuller.
No. JOG. The City of shreveport, plaintiff
in error, VS.. r. 7. Cole ct al, executors, ETC.,
ct al. In error to the United States circuit
court fol the Western district Of Louisiana.
Judgment reversed with costs and cause re-
manded with directions TO dismiss the peti-
ton. Opinion by Chief Justice Fuller.
No. 10Y. Andrew Currie, Mayor, etc., ct
al, plaintiff in error, VS.. The Unite States ex
rel. r. L. Cole ct al, etc. In error to the
United States circuit court for the Western
district OF Louisiana. Judgment reversed
with costs and cause remanded, with direc
tons to dismiss the petition. Opinion by
Chief Justice Fuller.
No. 1888. Clarence B. Venner. appellant,
vs.The Atchison, Topeka & Santa Fe Railroad
company ct al. Appeal from the United
States circuit court for the District of Kansas.
On motion of Mr.. Sigourney Butler for ap-
pellant, dismi ssed with costs.
No. 3I2. The Philadelphia d Reading Rail
road Company, plaintiff in error, VS.. Matthias
Patent. In error to the court of common
pleas of the city OF Philadelphia. On motion
of William A.McKenney in behalf of counsel
for plaintiff in error, dismissed with costs.
No. 1892 r. T. Wilson, ct al, etc.. plaintiff
in error, vs. s. L. Harding ct al. In error to
the United States for the Southern district of
Iowa. On motion of William A. McKenney.
in behalf OF counsel. dismissed with costs