The herald-advance. (Milbank, S.D.) 1890-1922, 1893-11-03

| Sioux Falls Press: That the lnde
pendent leaders intend to deceive thei,
party following has been believed for
some time, but the tact has never been
so clearly demonstrated as the Pierre
Journal has done it. Some days since
under the heading "The Republican
Supreme Court Judges Satisfactory to
the Railroads" the Grant County Review
| printed the following sta,ement:
''Ihe record the supreme courtlcf this
state has made this year should be
gratifying to the railroad companies
We find the following:
Cronk VS.. e.. NJ. and St. p. r. r..
Action for damages on account Of fire.
The plaintiff recovered in the lower
court and was reversed by the supreme
court.
Smith vs.. e. NJ. and ST. P. r. r.
The railroad beat in the court below, and
also in the supreme court.
The vs.. G. NJ. and st. T. r. r. The
railroad beat in the trial court and the
railroad won in the supreme court.
Belding VS.. BIacl- Hills and TT. Pierre
X. Il. The plaintiff has Judgment in
the trial court for $1,000, and the su.
preme court reversed The Judgment.
The Jurles in these cases thought that
the plaintiff ought to recover of the
railroads, but the court thought not
The railroads have no ground for
fear. The cases may have been decided
on the law, but it is difficult for the
common mind to comprehend why
II tho Review had told the whole
STORY there is no question that the
showing would DO bad one tor the
present republican nominees. But as
IS usual in cases where independent
leaders seem most honest there is a full
falsehood or half-truth, the latter of
which IS undoubtedly wnrst-and most
numerous in Independent Statements Of
iact In this case it was halftruth.
.lie FACTS lE the case, as dug up by tie
Pierre journal, being rs follows:
There has been total of eighteen
railroad cases decided Of this mum
her thirteen were decided against The
railrold companies and five in their
favor. Sixteen If these cases were M
pealed by the railroads and OF these six
teen twelve were affirmed by the conrt
and four reversed. OF The two cases
appealed by individuals. one was
affirmed and the other reversed.
The independent papers have taken
The liberty OF citing four Of these casas
three OF which we're cases reyarsed hv |
The court. The Journal has looked ~ |
lhe record of The court npoa these
'ases ana Tor the benefit of thoes who
might oe mlsled We give The following
ac.s Wnlch we guarantee 10 be cor.
rect and can be verified by the official
records:
In Belding Va. the r. r. c.. the
question was whether under orr statutes
ne action for instantaneous KILN,
'nonld have been brought by ,ha
'nmlnis'rator OF the deceased. or iv tha
widow and heirs. The suprema court
'eid that nnGer section $3.50. COMM. od
avs. the damages belong 10 The willow
ND orphans and not to his creditors and
hat the action should have hoan
'rn'ght by tile widow. And va nnla.
,and an action is now pending ia behalf
i the widow. 'e"aii
La he vs.. the railroad company. tho
'alntilf recovered judgment TIC
rial court directed the iury that =
hey found for the plaintiff thew sbo.,d
ad interest. Section 457S of ihe com
l'ed laws makes it optional with tha ,,
arv Wne'her or not TO allow interas,
ne Judgment Of The supreme court u,as
lat the Judgment should stand ~ = /,
'a'ntlf would remit the interest. otb.r
'lse the case shonld be ret,i.l ~. I
recisp question had n1ready haan :
eciaed r'same way in North D.k,ts
. the sau.e statute. '1e"otn
- smlts W. the railrond comranv
: luaSment IN the trial court was =
yor OF tue company. Tbs pla;n,;g I