The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-12
THE HAMILTON A


scaIpers aud Railroads Were Interested.
II will be remembered That about ono
year ago a verdict was rendered in tho dis
triot court of Carson. Nevada, In the oele-
brated Hamilton soalpers' ticket damage
case. for the sum Of $44, $50. The Carson
decision has been reversed and Judge
opinion. The following interesting his
tory Of the case 10 from the San Franoiaco
Chronicle:
1.-THE circuit court of appeals, In an opin-
ion prepared by Justice McKenna, and con-
Cured in by Justices Knowles, of Montana,
and Gilbert, OF Oregon. reve' sed the de-
eision of Judge Hawlsy IN ths now csle-
brated oase OF Asa NJ. Hamilton. OF the
Southern Pacific company. The case grew
out of the attempted use by Hamilton of Il
scalpers ticket purchased at Denver i'll
1889. Hamilton purchased from q scalper
in Denver Il arst-class unlimited contract
ticket purportinR to TO good from Omaha
to San Diego. The ticket was what is
known az a contract ticket, but was sold
unsigned by the Union Pacific company.
Hamilton rode to Ogden, when he was no
tilted by the agents of the Southern Pacific
company that they could not honor the
ticket without his signature. He declined
either TO sign the ticket or to pay his fare.
and entered into n controversy with the
various conductors and stood them off I'M
til he reached the Truckee division. There
he encountered Conductor George Derby
shire, who notified him that he would have
to sign the ticket. pay his fare or leave the
train, at the same time showing him q tele-
gram from General Passenger Agent Good
man, instructinR the conductors to treat tho
passenger as though he had no ticket.
Hamilton refused to either sign the ticket
or pay his fare, and the conductor notified
him that he would have to put him off at
Rye Patch.
when Rye Patch was reached the con-
duetor and one brakeman attempted to re-
move Hamilton from the train, but he sue.
cessfully resisted them and they called the
baggageman.. Before the latter arrived
Hamilton took a revolver from his valise,
clinchsd on the back Of a Pullman seat,
threw his hand over the curtain rail and
notified the conductor that any one who
attempted to molest him would get hurt.
Thereupon the conductor and his assistants
left the car. The conductor telegraphed to
his superintendent. Whited. and asked to
have Hamilton taken off the train at Love
looks. Whited Immediately telegraphed
the agent at Lovelocks. and when the train
arrived the agent was in waiting with an
officer, who arrested Hamilton, put him in
irons and removed him from the train.
Hamilton then brought suit against the
States for 800, 600 damages. Upon the trial
of the case in the circuit court Justice Haw-
ley instructed the jury that the ticket. al
though a first class unlimited contract
ticket. was void without the proper sigma
ture, and furnished no evidence OF the
right Of the plaintiff to be carried. and the
train agents were justified in using all
necessary force to remove him from the
car. but he submitted to the jury as a ques-
ton of fact whether or not the officers. in
arrsstinR the plaintiff, acted in their Off
clal capacity or were special agents OF the
lof -.-l ,rk - khn If dc
removal. The jury, upon these Instructions.
found a verdict for tbs plaintiff for $44,
$50. The circuit judge reduced the judg-
ment to $4,000 Oh motion for a new trial.
and entered a judgment in favor of the
plaintiff for that sum.
From that judgment the defendant COM
pany p. esented a writ of error to the cir
cult court of appeals. Here the judgment
was reversed upon the ground that there
was no evidence before the court to submit
to the jury the question of the action Of
the officers. because all the evidence showed
that they acted upon the responsibility OF
their office in their official capacity; thai
the ticket held by the plaintiff was void
without his signature; that the agents o.
the company had the right to demand hit
signature, and upon his refusal to sign. hac
the right to expel him from the car, ane
} that the action of the plaintiff in drawing
a deadly weapon rendered a conflict which
must result. if followed up. in the loss o
human life, placed him beyond the pale o
a law-abidine citizen, and fully justified
his arrest and subsequent Treatments; tina
the circuit judge erred in submitting tina
question Of fact to the jury, for which rea-
son the Judgment was reversed.
This case has bscome very celebrated i,
railroad circles all over the United States
Its course has been watched with interest
and it has been holly contested on boil
sides. For the plaintiff the attorneys were
e1- Congressman William Woodburn. of Ne
vads, and j. FL. Mcmillan, of Ogden. anc
, for the defendant Baker, Wines IL Dorsey
of San Francisco" '