The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-03
some FINE LAW POINTS
Mr.. Shores Contention Regard
ing Resident Aliens.
DENIED CERTAIN RIGHTS
He Says They Are Not Entitled to Dam
ages for he Death of a Relative
Through Negligence-Cases in
the United States Court.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Aug. 2-This has been another
day OF argument in the United States
court. The arguments upon the bill of
exceptions to the answer in the equity
proceedings of Krohne VS.. the Northern
Pacific, in which the plaintiff as holder
of a judgment against the railroad for
personal injury damages seeks TO have
his judgment declared a lien upon the
lands OF the company. were resumed this
morning. William Wallace and Senator
Carter, for the railroad, addressed the
court this morning. and T. J. Walsh for
Krohne closed in the afternoon. The
court reserved its decision.
Then came the arguments upon another
personal injury case against another rail
road. I'm which points just as fine as those
In the Northern Pacific case were raised.
This was when the case of Sarsfields VS..
the Great Northern came up on demurrer.
John and Catherine Sarsields. citizens Of
Ireland, have trough suit against the
railroad for $4,000 damages for the death
of their son Martin, who was killed near
Troy. this state, I'm February. 1895. He was
a brakeman and was knocked from the
top of a freight train by the lower end Of
a coal chute, run over and killed. Negli-
gence on the part of the company i'm the
construction of the chute is alleged. The
plaintiffs set up that the deceased man
was their main support, and hope to es-
tablish their right to the damages named.
A. j. Shores for the company demurred
to the complaint and in the course OF his
argument In support Of the demurrer
raised a point that 80 far as known was
never raised before in the United States
with hlt nnR aXngnfinn In a Ginnflnr naEn
in Pennsylvania. His point in substance is
that nonresident aliens are not entitled
to the benefit of the law comforting upon
heirs the right of action for damages oc-
casioned by the death Of a relative
through negligence. He argued in support
or this contention. 7. J. Walsh for the
plaintin opposed In an equally strong ar
gument. Judge Knowles took the matter
advisement.
Upon motion of Solicitor Carroll of the
Union Pacific, Judge Knowles signed a de-
cree discharging s. IL. II. Clark, Oliver
w. Mink, e. Ellery Anderson. ]. w.
Doane and Frederic r. Coudert as re-
ceivers Of what are termed the Navigation
properties of the Union Pacific, branch
or connecting lines operated in %conjunc-
ton with steamboats,. Among the lines
named In the decree are the Oregon Rail-
way and Navigation company. Washing
ton and Idaho; Oregon railway extension,
Columbia & Palouse. Wallace & Columbia
railway. The proceeding was simply. a
formality in the reorganization of the
Union Pacific.
The hearing on the petition for an or
der citing Mayor Edwards and City At
torney Horsky TO show cause why they
should not be adjudged guilty of contempt
in advising the city council to disallow
the bill of the Helena Water did
not come up to-day as expected. the
court being too busy with other matters.
1t win probably be disposed of to-mor-
row.
Edgar II. Newhail Of Big Sandy has
been appointed a United States commits
sioner.