The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-13

certain railway. that in one of the state.
' fich through il passed it was impos
sible for the company's attorneys TO wiz
a case before a jury; il did not matter
what The circumstances were or what
the evidence was; it did not matter
whether the railroad brought the suit
or was the defendant-they invariably
lost.
It then developed that under the pre-
vious administration it was the practice
| to fight every case TO the last ditch, ap-
/ Iasently on the principle that by seal
! Ing down the damages IN every instance
irrespective Of its particular merits. the
general cost would be reduced. and that
b. taking all the claimants into court
and making il as expensive for them as
possible. litigation would be discourage
ed But exactly the contrary took place.
So bitter a sentiment was aroused
among the people along the line that
they sought every opportunity Of attack
ing the company. and if there seemed
to be the slightest chance OF not being
thrown out Of court by the judge himself,
would spend their last cent in emnity.
sure Of a verdict from the twelve good
men and true" who were their neighbors
Pettifogging lawyers saw their opportun-
ity in the set Of conditions. and by &C
cepting contingent fees helped the good
cause; witnesses whose testimony was
necessary for the railway company
were induced 10 avoid subpoenas by ap-
fre ? -
this failed. and they were forced to ap-
pear in court. their memory was found
TO be so defective that nothing could
be got out of them.
II took many years Of patient effort TO
change public sentiment but it was done
effectively and in a very simple manner.
Orders were given that every case must
be settled out of court. and in such q
way as TO satisfy within even unreason-
able bounds. both lawyer and client
This could not be accomplished in abso-
lutely every case. Of course, but by hook
or by crook by talking and reasoning
with them and using the persuasive arts
claimants were gradually induced, first
TO settle out Of court the suits which
had already been brought and ultimately
to make their settlements directly nth
the company's agents. without employing
a lawyer. at all. IN this way, the public
were gradually brought TO see that the
railway was wiling to DO them more
than justice; that they could get a better
settlement in the superintendent Office
than in court; and it finally became ira
ditional that Il man persisted in suing
the railway company. there was some
thing fshy about the case Here was a
change. indeed and the cost Of making
it was actually less than 10 have fought
in court for a verdict, even with a less
nimical public
In times past and largely. but less so /
today. damages TO cattle were very
item OF expense on busy
railways which. at the same time. pass
through an agricultural country. Rail- I
ways were built in the least costly man 7!
her consistent with their being operated /
II all; which means that practically .
hat all highway crossings were at grade.
Since so many people allowed their cattle (
o forage at large. a goodly proportion /
# them found their best grass along
he right Of way, and many an unfortu-
late 'critter' has been shot sbywzrd
because it could not read the notice:
Look out for the locomotive" Under
hese circumstances it is not surprising
hat fortunes have been spent in ex-
'erimenting with a class Of devices that
allied cattle guards intended for the
purpose OF combining stray animals
O the highways. Mechanical arrange
nents. however. We're never more par
tally successful. and to correct this,
although the past time is used. it must
ot be understood that The evil has Who'll
= ceased 70 exist the railroads had
ong struggle in so changing the laws
nd the practice that formang communi-
nd the practice that farming communi-
les themselves became willing to in
list on the confinement Of their stock,
rom a sense Of decency.
This was and is a part OF the trouble
n most Of the states the railways are
equired by law TO maintain their right
f-way fences under the penalty Of being
able for al damages to stock which
lay be shown 70 have resulted from
Effective fences. In other words. Il a
ow breaks through a fence which bound
rains of that railway. it must pay for
er And here comes a most remark
bic fact; a veritable transmutation.
-hich could not be believed if II had not
cen manifested many. many thousands
times. An ancient. barnyard hos
r. too old for either calf-bearing or
ltening. is TO sooner sent TO the bovine
aradise Thy coming into collision with a
aim than she is found TO have been
stTapping young mich COW. the pet
a large family. their relations and
eighhors. and Of the very finest strain
that breed whose appearance she most
.semhled in life
Seriously speaking. the temptation 10
spose Of antquated stock by allow
z them. or encouraging them. 10 stray
BON a railroad track seems too strong
" some OF the public 10 resist. and in
rticular Instances the plan is 81 obvi-
lsIy the most profitable one that a
'or human nature cannot avoid taking
.wn a few fence-rails and driving the 1
'solete one N her fate-if the night is
.rk and footprints are not easily traced .
ne case is remembered where track
reman suspected such an intention On !.
e part on aeiGhbor. a lone wildly
th whom he was not on the best II :
rms. Her motives would have been Two =
ld' to crafty a spite against him and !.
set pasd for her COW which had
rvived its usefulness. So persistent ),
IS the Old dame that she save the 1
remain and his men no rest for weeks. ",
g So ingenious was she thar they were =
yer able 10 connect her directly with !,
: cnr--r--nl $1,000. ~ -. - - =