The Opelousas courier., 1897-01-16
A Remedy Needed.

B. Sandoz VS.. Morgan's Railroad was
passed upon by the Court of Appeals,
ana as he principle involved is of uni
Versal Importance to the public, we
lii1hk 1t appropriate aud interesting TO
me pubic 10 comment iipan it. 'ihr
question involved is the extent Of ti;r
iiabi'lty OF II railroad Tor loss; ana d..s-
tfuciiOn ct goods which it undertakes
10 carry and deliver, ana The prvcan,lul
II snoulh take 10 preserve The goods
Wall" III lis ciaiI,,. 1t will be ,ttllcin-
DtitN that l;lr citr containing hir Sai-
d"z goods was ueat, oyt, bv ire, iile ti,c
communicating lruU nnu7' Warehouse.
Ihe p!;ii,l'H ci:;.. sc, ,:lat ttt. R.li-
| roait Go. was liable oi grounds ,i reg
ilgehct, Tor not having ptsi.,.h the. ca: 5
out of ia: way ate: Tie aia,m was
given, auh not providing Il va,c;,,nai,,
ut mol Supplying " isci &usi nust, q; tife
eAtiH&niniiels- p,ecauiluu " inca iil
piuucpt business matt would tate.
t'e GAeai+tts' Was rneHs,tsttt IL Il j.t,t
VIII" dcci.t,; III iasor "i M. Sau.t,z
Distiict Judge l't,i.:uit apE.lnyrh thc
verdict ~ being legal. HE ca>,s was
taken IL tit" Cour; nj Appeals; Iu!;..-s :
lfl.CNmau ans; Lewis differed, judge.
i'ttc'>hiah htlng II itto: ct reversal,
arti Judge Lcn1> wishing tr .ilirnu Mr..
-. ~. - t''t'HStti H'iH p" tfi y ia jttI
10 sit with the cou,t. lie run.ii-.s,I a.,
elaborate pp'uinn c0inci.ttUy IS nth }Duve
Lewis, which, n,,,t. il he Judgment Of
tie court At she last unn.ut am ;:,.-
pilchtInn to" u rnhnaiirG Was ,y..Ir.
winch hung t;ie ease untli Hast week. in
the meantlint Judge Julian MOutnn sue
ctcteh Judge Lewis, whose tern. had
expired. The result Of the rebcarlng
therefore depended solely upon the
opinion of Judge hloutnn, W i,n r..na..,.d
an elaborate opinion Giil,: iu. in ;iii e.-
sentiai particulars from tho vt,slic, ut
the jury, the opinion ni Judge pc''ail:t
and OF two circuit judges, aud praetic-
ally setting aside their Judgments. And
II he adlleres 10 his op,ulon there vii,
be presented the singular aunntaiiv Of
one jndg" OF the Court Of Apprats
annusiing not only the vclhict Of the
jury an,! the judgment OF the Dis:si let
Court, but OF Two ale,eiIate judges of
equal dignity vl'h hlt,>clf Surely, 10
better illustration conlh t,, gives for
the necessity OF abuI!shin4 lie Circuit
CONT COtireiE, OF else increase ihe unM-
ber OF judges IN rrder to make it ,ll;,;,S-
s.ble Tor one individual 10 exercise such
great appellate power.
But the point upon which We intend
to comment is til" extent to which tie
road is liable. Judge Moutuu holds that
tie company is nnt UnUna 10 keep Il
watchmap, or have il supply nf water,
etc, 90 prevent the Destruction o; goods
entrusted to 1i,>m. We tank 10 he
contrary. Our code provides ttjat com
mon carrieis ava liable Tor goods en-
Trusted 10 them unless iilry can prove
that loss WAS occaslonesl ;y accidental
an.i uncomfortable events. Our Snr,cMo
Cont has said, "A common carrier ls
bound 10 tho most exact diligence as
much TO hVulH danger Whic,s may be
reasonably apprchcnae.i in TIE future rs
to rescue lhe property from present I'M
minent pc'il.' Ii Judges Btack man and
MoutOn are coricct Ill tlielr luierpitisi-
tlon there is great necessity iHl lfg'sla-
ton 10 force responsibility on railroads
which continually have lie ;,<:iscn ana
properly oil t;.e people Ia ii1efr charge.
6iiiis case bias been hnuMn ati.i conf
mentCd upon il thia ;nc;.!iIy, aud We
have failed 10 hear a sUg:e lndivt,,uai
coDtsov the position ElGlc,u taiteo.
It is noticeable fact that } X. San
duz a brother Of ile paiutiI, sued the
company before a magistrate for goods
lost at this ire and that, although Tie
case was appealab:c 10 ti; District
Court, the company paid the claim aud
costs.
The constitutional Convention should
abolish the Coult OF Appeals tu!tteiy or
else SO remodel the system as to increase
the number OF judges and thus add
weight and authority tn l's decIets
These remarks are not intended 10 &
fleet on Judges Biacknnn and MUntou,
but are directed against TIC judicial
system. We give .h"se gentlemen full
credit for honesty a'!d sine"i':y oi their
convictions, but believe :hcy are mis-
taken 10 their Interpretations.