The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-07
A CALF MAY SETTLE IT.
The Embryo Steer Got in the Way
Of Northern Pacific Fast
Train.
Its owner Got Judgment for 500
Before a Justice OF the
Peaco
Jndse Knowles Issues AZ Injunction 60
Prevent Attachment Of the comPany's
Under an Exooutlon.

A dead calf. valued a. $50, may Be The In
direct means Of settling The question az 20
how far a railroad oompanJ's exemption
from the operation OF state laws extends
whsn It goss into ths hands Of receiver
and thus plscea itself undsr the protection
OF the federal courts. Jasper L. Skellv.
raneher living nsar Thompson Falls. owned
a calf The GRimsl tried conclusions with
a fast moving train Of the Northern Pa
cihc and was killed. The owner brought
suit against she railroai company for the
value OF the animal. The cAss was tried
before Justice W. r. Hamilton. az Thomp-
son Falls. and verdict rendered against
ths railroad for $50. An execution was
issued on the Judgment and placed in the
bends Of George s. Good. constable ~
Thompson Falls, 10 levy on ths property OF
the road. Judge Franola OF hissoula'
division attorney for she road, applied 20
Judge Knowles. OF ths United States court
for an 10 function restraining the eonstabls
from Attaching any Of the oompany's
property 20 satisfy thu Judgment Judge
Knowles granted a temporary restraining
order. and ordered the justice Of the peace
and she constable 20 show oauss BY Non
DAY. Feb. 10. why the writ Of injunction
should not be made permanent
The erounds on which the company seeks
70 prevent the enforcement of she iudR-
msnt 90 not include such trivial matters as
the ignorance. indiscrstion or possible con-
tributoTy negligence Of the calf nor is It
alleged that she verdict was unjust and
contrary 10 The evidence, or the amount OF
the jaiament sKorbitant. In fact no
qroundA are set forth in the application for
the writ Of Injunction. They are, however
Understood 20 be that the road IL In the
hands Of receivers who are officers OF the /
United States court and that that fact
makes /. unlawful for she officers Of stats /
or county 20 interfere In ally manner, by /
attachment OF otherwise. win any OF Us
property. Taken In ooRueetion win the
recent order restraining the emploIes OF I
Abe various receiverahip roads from atriking I
against any reduction Of pay, the Thonp- /
son Falls case assumes double impor-
lance While they involve somewhat
similar questions. yst the two cases aluer I
materially as 20 whose rights are aneeted /
In the anti-striks order eonstitutlonal
question Is raised a. 20 the right OF court I
90 compel a man TO work when be doesn't
want 20. or 20 iInprison him indennitely for
contempt because be stops work. In ths
dad calf order she question raised -
whether placing the road in the hands Of
receivers and under the protection OF fed /
eFal court relieves the company 4 ON oil /
liability TO state laws under which they had /
been operating prior TO the receivership.
II Is should be held that tho injunction |
en- the Thompson Falls authorities must be |
perpetual. 10 will mean that no Judgment
obtained in a state court against a railroad
in the hands of receivers can be enforced. |
All actions from those involving tho death |
Of domestic animals 10 those Involving the |
injury or death Of human beings, will nave /
20 be tried In the United States court.