The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1899-10-13
The Searchlight Of Truth!

The members of the present supreme court of South Dakota
are up for reelection. 1t is time to turn the searCllight upon
the records of this body and determine whether or not its re-
cord entities it to this reelection. The UNION has referred
to the present state supreme court asa 'corporation jadicary'.
Will this title stand the test:--that is the question. Has our
present supreme court favored the moneyed corporations of this
state in preference to private citizens! Let us see. Here are
a few decisions taken from the record made by the court which
now asks d reelection:
The present supreme court set aside the verdict Of the peo-
pie of Pennington County and unseats an official who has a
lawful majority of seven votes.
The present supreme court held that no contractor could file
a lien on a particular section or other division of d railway to
enforce the collection of a just claim for labor performed and
materials furnished.
The present supreme court held that the railways were in
no way liable for damages cansed by injuries received by per-
sons looking after shipment of stock over their lines.
The present supreme court, in the face of state laws to the
contrary, protected the railroads when the state railway COM
mission ordered Il train service between Mitchell and Cham
berlain. setting at defiance the state law and denying that the
commission had power to order such service.
The present supreme court held that no stockman could col
I1ect damages for stock killed by railway train unless such kill
ing should occur at public crossings, and stated that railway
employees were mot compelled to be on the lookout for stock
trcspassing on railway lines.
AS to other decisions given by the present supreme court
favorable to moneycd corporations The UNION cites the fol-
/. The railway is a public utility and therefore exempt
applied to the individual. 40 S. d. 2+0D.
?. Railway companies are exempt from the penalties of the
law with regard to setting fires. 70 S. D. BOB.
3. A railway being a public utility the companies are cx
et1pt from civil damages tor hres set by Their locomotives pro-
ming their train. g S. D. So.
V 4. The railway company cannot be held liable for stock kill
ed by trains, if the railway witnesses swear they did not see
r such stock in time to stop. 20 S. ID. 100.
5. That in jury trials on questions of fact, the jury is
bound to believe the positive testimony of railway witnesses ne
matter how unreasonable it may seem even if contradicted. l
they do not their verdict will be set aside. g S D. 100; Is
N. w. 951; 3 S. D. So
g.. That a railway company need not weigh cars, but may
e guess at the weight and when it guesses too high the shippe
!; has no remedy. g S. D. 1873.
J., T.. That a common carrier may make it's own rules with re
| gard to shipments and no matter how burdenScme to the pub
u lie and the individual they must submit. 4 S. D, 6lS.
r These decisions come from the members of the present Su
r preme court who are up for reelection. In view of suCh decis
4 ions The UNION maintains that when it referred to this bod
as a Corporation supreme court it's title was based on abso
lutte facts. Can the interests of the individual citizen be trust
ed to such men? Shall we have another term of corporatio
is decisions at the expense of the people? If this is what yo
want, support these men at the polls, but if you think tn
rights of the people are of as much consequence as those Of tn
e railroads, then vote GAINS the present supreme Judges.