Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-09-30

for idle hands to d." can be we'll ap
piled in this case. Having 80 many idle
hours, with absolutely nothing to do
they (the prisoners), no doubt, pla1
often, and occasionally execute methods
of escape. The interesting topic
"Country Roads" is still and will con
tinue to be discussed throughout the
years to come. Means, as varied il
character as they are numerous, have
and are being presented from every
state leading up to the improvement and
perfection of the country road. Why
not consider the question of country
roads and employment of convicts at one
and the same time? Would it not be
possible to solve both questions at once!
Let us suggest an experiment.. Between
the city and the ~penitentiary we have
road enough upon which to demonstrate
that prisoners can be public benefactors
and yet get the occupation necessary for
their own health at the same time. The
~penitentiary vehicles are continually
making necessary trips between the city
and that place. Several months in the
year the road is in bad condition, partic-
ularly has it been SO during the past
summer, owing to frequent and heavy
rains. Not only is the road bad, but
detours must be made, owing to mud
holes, increasing the distance, in many
cases taking up valuable time in trans
acting business between the points men,
toned. The amount of labor performed
last summer in lowering the water mains
between the city and penitentiary
demonstrated practically what could be
performed by the prisoners; but little
mor would be required in making a
splendid road between the city limits
and the driveway now in such splendid
shape in proximity to the pen. True,
cranks will grumble and say this work
should be given to the laboring men who
reside hereabouts and who have not
been criminals, but this would be of
small moment compared with the benefit
derived. Unless made by prison labor
the road will never probably be better
than it now is, and in no easier way can
employment be found for the prisoners.
This road once completed why not keep
on and put all the leading roads through
out the state in good condition.
ONE Who Uses THE Road.
The Old Steamboat Mcleod Case.
The Fargo Forum says that a dis
patch from st. Paul says the United
States circuit court has decided the old
case of Thomas @. Power vs.. Roger S.
Munger. Mr.. Power is now a United
States Senator from Montana, but
twelve or fifteen years ago was engaged
in steamboating from Bismarck up the
Missouri.
In the fall of 1879 Roger S. Munger
and Charles s. Weaver were in partner
ship under the name of @. s. Weaver &
Co., and doing a business Of repairing
steamers here. They entered into a
contract, in writing, with the owner of
the steamer Butte, to haul the boat out
of the water and put it upon the marine
ways operated by them, and to replace
it in the water in the spring following.
They also made a verbal agreement
with the owner of the steamer Mcleod
to place it on the ways. The Butte was
hauled upon the ways and the Mcleod
was placed at the foot of the ways, pre-
paratory to being hauled up. The
Butte broke away, because of defective
fastening and, slipping against the Nc
Leod, sank her and made her q total
wreck. The owners of the Mcleod
sued the owners of the Butte in the
federal court for damage and recovered
a judgment against Thomas G. Power,
one of the owners, for a half of the dam
ages, $9,575.82. That case was appealed
to the supreme court of the United
States and the judgment affirmed in
1888.
Mr.. Power, subsequently, was COM
PEELED to pay this one-half damages, and
he begen suit in the United States cir
cult court of Minnesota to recover his
sum from Roger s.. Munger and Charles
8. Weaver who contracted t. put the
Mcleod on the ways. The court direc.
ted a verdict in favor of Munger on the
theory that the statute of limitation
barred the suit. The action was based
on the theory that the negligence of the
dock men was the cause of the injury to
the Mcleod. In his opinion Judge
Shiras holds that it was error in the
court below to hold that the statutes Of
limitation began to run against Powers
right of action at the time of the col
lision; that the statutes did not begir
to run until the right ct Power to sue
accrues, and that was not until he had
been compelled to pay the money.
Letter From cyrus W. Field, Jr.
EAST 56TH STREET,
NEW YORK, May 8, 1883.