The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-07

AS stated some time ago by The Herald
would be the case. the sheepmen of this
territory have decided to test the con-
stitutionality of the territorial statute
which makes it incumbent upon the
owners of flocks to pay for all damage
done to the territorial highways by sheep,
regardless of whether or not they were
at all negligent. They will, therefore, ap-
peal the case of Brim VS.. Jones, recently
decided adversely to the sheep owners by
two of the justices of the supreme court
of the territory, to the supreme court of
the United States. AS before, Messrs.
Richards & Richards will conduct the
case for the appellants, that being the de-
clS1on of the members of the Salt Lako
County Wool Growers association, at
their meeting held yesterday afternoon a.
the office OF w. L. Pickard; At pre-
practically reached, but no formal action
was taken until yesterday, when it was
fully decided to carry the case to the
highest tribunal in the land. The sheep
men feel confident of ultimate victory.
Hon. John c. MacKay was appointed a
committee of one to confer with the at
torneys and make the necessary arrange
ments for the appeal of the case.
Although this special case has refer
enee only to the acts of sheepmen, yet
the principle involved affects alike cat
tlemen sheepmen and the owners of all
live stock which are driven together in
bands, herds or fiocks. 1t will be re-
membered that Jones, who is a sheep
a road district in the neighborhood of
Echo, for damages alleged to have been
sustained by the roads there through the
fiocks owned by Jones having broken
down the banks and rolled rocks into the
highway. Judgment was obtained by the
plaintiff in the sum of $40 and costs, and
the case went to the district court. where
Judge Merritt decided adversely to the
claim of the supervisor and an appeal
was then taken TO the supreme court of
tho territory. Recently the court has
justices. Judges King and Smith, held
that the statute of the territory requir-
ing the payment of the damages was per-
fectly constitutional. Justice Bartch dis
Senting.
The appellant to the supreme court Of
the United States will base his claim that
the statute is void and unconstitutional
on the assertion that it is in direct con-
tradiction to the fourteenth amendment
of the constitution of the United States.
which provides: No state shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States nor shall any state deprive
any persons or life, liberty or property
aae W M the
equal protection of the law"
It is claimed that the highways are
money and dedicated to the use of the
public. All persons have an equal right
to travel on them free from cost or la
bility of any kind. The provision that
certain class of persons shall be liable
for damages done by them in using the
highway, while all other persons are per-
united to use it without liability for any
damage they may do, is set down as I'M
just discrimination and a denial to that
class of the equal protection of the laws.
There were many sheepmen in the
city yesterday and all had good reports
to make as to the condition of the flocks
and the general prospects for a heavy
yield of wool The recent cold snap put
a stop to shearing in this section, but
It is anticipated that the clipping of the
wool growers will be resumed over the
river and out in the Tooele country dur
ing the early part of the week.