The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1899-10-27
IT BEFORE THE PEOPLE

The members Of the present supreme court of South Dakota
are ~, for reelection. 1T is time to turn the searchlight 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 statcsupren1e court as 4 "corporation jadiciary'.
viii 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 Il 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 a 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 a train service between Mitchell and Cham
bcrlain, setting at defiance the state law and denying that the
commission had power to order such service.
The present supreme court held that no stoclnan could col
lcct 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 moncvcd corporations The UNION cites the fol-
l. The railway is a public utility and therefore exempt
from the ordinary remedies in the collection of debts which arc
applied to the Individual. 90 s. D. 2+o).
,. Railway companies are exempt from the penalties of the
law with regard to setting fires. hS. y. BOZ.
g. a railway being a public utility the companies are cx.
Tempt from civil damages for fires set by their locomotives, pro
viding railway vitncssc, swear ordinary care was used in run.
S ming their train. 3 S. D. 80.
+. The railway company cannot be held liable for stock kill
S ed by trains, if the railway witnesses swear they did not Sc,
q such stock in time to stop. (bS. ID. 100.
5. That in jury trials on questions of fact, the Jury is
d bound to believe the positive testimony of railway witnesses NJ
matter how unreasonable it may seem even if contradicted l
O thev do not their verdict will be set aside. g S D. 100; K
/ n. ". 951; S. D. oS
O.. That a railway company need not weigh cars, but ma,
guess at the weight and when it guesses too high the shippe
A has no remedy. 6 S. d. 17S).
e 7. That a common carrier may make its own rules with re
gard to shipments and no matter how burden"cre to the pub
InC and the individual they must submit. q =. l., Ol5.
These decisions come from the members of the present su
n prcr1c court who are up for reelection. In view of such deCis
. ions The UNION maintains that when it referred to this bod
las a Corporation supreme court it's title was based on abso
. lutte facts. Can the interests of the individual citizen be trust
d ed to such men? Shall we have another term of corporatio
: decisions at the expense of the people? If this is what 20
a 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
railroads, then vote AGAINST the present supreme Judges.