The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-27
CHARGE OF MURDER
1T is LAID AT THE DOOR
OF THE NORTHERN PA
CIFIC.
NO MINCING OF WORDS HERE
STARR CASE COMES UP FOR HEAR.
ING TODAY IN THE SUPREME
COURT.
JUDGE KELLY USES HARD WORDS
In CharacteFizing Lawyers Who
Make Life a Burden to the
Sheriffs.

1t is rarely that the charge of murder
is laid at the door of a railroad COM
pany, but such is the case in the case
of Michael T. Starr VS.. The Great
Northern railway and the Receivers of
the Northern Pacific and VIM. c. Riley,
interviewer, which comes up for trial in
the supreme court today.
Earlier in the term the decision Of
the lower court was affirmed as to the
Great Northern road. The Northern
Pacific's rights in the matter are to be
adjusted, however, by the hearing to-
day
Starr was hurt in a collision between
q Northern Pacific and a Great North
ern train Nov "a, 1894 He was a
train news agent employed .by Riley,
the interviewer, who had contract en-
titling him to the exclusive privilege
of selling newspapers, ETC., on the
trains of the Northern Pacific He
was to have free passage for himself
and his agents, for which privilege he
was to pay $1,000 a month, and the
agents were to serve the company, car
rylng water on trains, looking after
fires, etc. Riley in his contract released
the company from damages to property
or employees. 1t is claimed, however,
that Starr was a passenger, with spe-
cial privileges and special duties
1t is in this connection that Flandrau
Squires and Cutcheon, attorneys for
Riley, intimate that the company is
practically guilty of murder in these
words:
That it was customary thing for railroad
these
from the contract itself in the provision that
they should, among other things, have the
right to sell articles commonly sold by train
news agents. and the custom is so gen
eral that it has become as much common
knowledge as that a train is drawn by
locomotive. modern passenger train with
out a news agent lacks an essential feature
OF its equipment
The company may not have been under any
legai oDngatlon TO take Riley and his agents
on their trains in the special capacity which
they bore to 1t, but it was bound to take
them through law of commerce and trade,
recognized by all railroad companies, strong
er than any legislative law; and when they
ala accept them and also the consideration
Tor their carriage, they owed them the duty
OF not numbering them en- route
Inc company was not a private carrier Of
Riley and his agents and property, and there
tore could not limit its liability by stipulat-
ing against its negligence, and even if it
could take an indemnity against it's negli-
gence 1t certainly could not take one against
Its misconduct" Negligence covers errors
OF mistake, being acts Of commission and
omission, done or left undone unintentionally
but misconduct involves acts willful and even
criminal in themselves; against which the
law VIII not allow any person or company to
shield themselves by contract 1t is fortunate
for society and the safety of the public that
such is the law in this case as the misconduct
of the Northern Pacific railroad company in
running the crossing in question was simply
murderous, and had it resulted in the death
OF any one. Its employees would most certainly