The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-20
RAILROAD FENCES.

herewith return. without my approval, II. B.
No l6, entitled, IAN act requiring railroad cor.
porations to fence their tracks, Impending the
following objections;
Section provides: "That every railroad cor
poration formed, or 10 be formed in this state,
and every railroad corporation owning, running
or operating any railroad in this state shall, at
all points where the right to fence exists, fence
such roads and erect and maintain lawful fences
on the sides of such roads where the same passes
through, along or adjoining enclosed or cult
waited fields, or unenclosed. except uncultivated
timber lands,with openings and gates therein to
be hung and have latches and hooks, so that the
same may be easily opened and shut at all neces-
sary farm crossings of the road for the use of
the proprietors OF the lands adjoining such
road, and also erect and maintain cattle guards
where fences are required at all public
crossings and private lands, which fences,
gates and cattle guards shall be sufficient to pre-
vent horses, cattle, mules and other animals
from getting on the railroad, and until such
fences, openings. gates. farm crossings and cat
tie guards aforesaid shall be erected and
maintained, such corporations shall be liable to
the owner of any horse, cattle, mules or other
animals running at large, killed or injured by
reason of the want OF such fence, openings. gates
or cattle guards. for double the value OF the ami
mai killed, or damage done by the railroad, its
agents, engines or cars unless the same was oc-
casoned by the wilful act OF the owner or his
agent, and in order for the owner to recover
under this act it shall only be necessary to prove
the injury or destruction OF his property and the
failure of the railroad company to comply with
the provisions OF this act
Ii the section quoted above provided only for
the fencing of railroad tracks, il would he
clearly constitutional, and in entire harmony
with the title OF the act, which Is simply @Au
act requiring railroad corporations TO fence
their tracks"
section |, however, after making it the duty
OF railroad corporations to fence their tracks in
troduees distinctively separate subject in that
it creates liability for damages done To stock
no: only 10 the extent of the injury. bu, in GER
tain cases. double the value Of the stock Killed
or injured, ana the two subjects in this section
are SO woven together that il would seem To he
impossible to separate the one from the other
This is maniiesily in eontravention OF section
To- article ;, of the constitution. which reads:
No bill shall embrace more than one subject
and that shall be expressed in the title
In addition to the constitutionality of this
section, the proyisions.of the bill, should the
same become a law, entirely change the well
known and long established rule of evidence in
regard TO the burden of proof in any question
litigsted in court; and il would apply differ
emf rule OF law To railroad companies or cor.
porations thsu that which obtains aud is com.
mon with citizens or individuals under the law
IL would. therefore. be special in its application
aud contrary 10 the spirit II not the letter OF the
constitution OF cur state.
Aside from these vital objections, there are
others of a serious mature The penalty sought
u he imposed IS orerous and unjust in that II
provides for the recovery OF double the value of
the animals killed or injured, even in cases
where the owner may be guilty al willful
negligence.
The provisions of this bill render il necessary
for railroad company 10 fence its tracks
within ninety days. With the present demand
Tor labor, aud with the eeascqaent probability
that no railroad company could secure an ade.
Qpats amount Of material and laher within thie