Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1896-07-09
However, that same paper was very
glad 70 renev its contract at these ~
duced hgsrss and the people gsnsr'
ally viii Dot be quick 70 taks up ~

duced fgeres ana tne P0Fe gopU
ally viii bot be quick TO take up lts
fight. A9 A4A sa.l ~ - ~ . o.
We may be wrong, but we feel very
confident that the real reasons for de-
feating Chief Justice Martin are his
decisions in railroad matters. His
opponents are not liable to push these
reasons to the front and the very fact
that they are concealing them Is a
good reason why the public should
know what they are. During the
last year there have been several
cases before the court relating to &C.
cidents at railroad crossings, and the
chief justice seems to think that these
crossings belong to the people
as well as to the railroads. He has
not gone further than to say that
when the circumstances attending an
accident at o railroad crossing are
such that different men might arrive
at different conclusions as to the de-
gree Of care exercised, it is question
for the jury to decide and not for the
court. He decided that railroad
did wrong in pulling iourteen-yesr-
old boy off from a car in such a
manner that the car cut of bis arm.
In other words, he decided that be-
cause the boy had no right there the
railroad company did not have the
right to cut of the arm. In a case
where . switchman stumbled on an
obstruction in the yard and was
killed while coupling cars, Justice
Martin decided that the necessary
dangers attending that work were
great enough without the railroad be-
ing allowed to increase them by plac-
ing pitfalls, distractions, traps or in
clines in the switchman's path. In
a case where train killed two-years'
old child and the jury found that the
engineer saw the child in dangerous
Z proximity to the track In time to stop
the train and prevent the injury, JUS
tice Martin held that the engineer
ought to have done so. When a
switchman waskilled while making
flying switch and the jury found that
the accident occurred from the negli'
gence Of the engineer who was acting
under orders from the conductor
Justice Martin refused to set aside
verdict for damages. NLii ls
Probably the greatest objection ha'
been made to a case relating to rail
road right Of way. 1t seems that {
. railroad bought right Of way OF
mortgaged land and constructed 1T
0 road and depot and made other i'm
provements upon it. The mortgage
, was foreclosed and the railroad wa
barred and cut off from any estate o.
interest in the promises. The same
r were sold by the sheriff and justice
, Martin held that the purchaser at thu
sheriif's sale bought all the real estat
and the buildings and railroad we're
: part Of the real estate. The compan,,
t took no proper steps to protect it
: interest. 1t simply suffered from it
4 own laches, and in condemning afte
= the sale it had to pay for improve
o ments which 1t had constructed. W
= do not believe that any farmer in thi
county would be foolish enough t
Il buy mortgaged land from his neigh
r Dor and build a house thereon. II
d would know that upon foreclosur
/. his house would be sold with the Ian
i and that he must suffer from his ow
fault. Should not a railroad do
r muchp
Il II any serious objection has bee
% taken to any other decisions OF Ju
q tice Martin, we have not heard
o them. II any person will point OIL
# to us wherein he has done serior
l. wrong in the matters referred to, "
lie will refuse to support him. For viii
r. he has done we are told that he is
h Populst. II the man who does sue
10 things as these be Populist, then
1t Populist is pretty good man att
q. all. The truth is that Chief Justi'
\. Martin is great enough to be an u
it right Judge and il there be aught
K. prejudice in his heart, it is becau
As his heart is very near to the peopl
70 Lewelling is quoted as being tickl
at by the prospects Of coalition Of