Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-05-17
TIE R|GH1S0F A TRAMP
Supreme Court Has Held That
His Life Must Not Be
Je0pardized.
Railroads Have Asked the Court
to Change the Rule in
Certain Cases.
Decision in the Hanaphy Case
Not so Far Reaching as
Reported.
,ecial to T;mes-Republican.

DeS Moines. May 17.-Shall the rail-
roads of Iowa be compelled to submit
to the tramp evil if they are to con-
tinue running trains? That was the
somewhat startling question put to the
supreme court of Iowa by Judge Thom-
as Wilson. an eminent lawyer Of Min
nesota, in an oral argument before the
court yesterday on a petition for re-
hearing. He took the bold ground that
the court in decision rendered at the
January term had laid down rule
which will make it impossible to keep
tramps from riding on trains. He
Judgment to the end that the tramp evil
might be met The case was that of
Joseph johnson against the Omaha
road, tried in Sioux City, tho the acci-
dent occurred over in Nebraska. john
son tried to get on the Omaha train as
it was leaving South Sioux City for
Sioux City. He got on twice and was
put off by the brakeman and the third
time he got on the brakeman stepped
On his fingers, and as he would not let
go the brakeman kicked him and COM
PEELED him to get off. He was seriously
injured and his life endangered. The
case was first brought before Judge
Shiras in the federal court and then
tried before Judge Hutchinson and the
company won, but at the January term
the supreme court decided for the
plaintiff in the damage suit, and held
that no matter what might be the tres
pass. no matter how aggravated the
case, mans life is not to be endan-
gered by an eviction. The court took
the broad view that because man, or
n tramp. does wrong he does not there
by forfeit his right to life. But now
comes the company and asks that the
rule be changed, at least as to this case,
the contention being that the tramp
was q trespasser, that he had not right
on the train, that he had sufficient no.
s,ce that he would be eyicted, that he
contributed to his own negligence and
that to deny to the company or It's
agents the right to put the tramp off
the train while it is in motion because
i, would thereby endanger the life OF
the person would be to put all compa-
ries at the mercy of tramps. "A man
should not be rewarded for such con-
duct" said Judge Wilson. "TrampS
should not be told by this court that
they can ride if they are only persistent
enough. Railroads should not be re-
ouired to carry people on trains not in
tended for that purpose or without the
payment of fare. The advancement of
n;x
tramps should be carried from place to
place over the country, without charge,
that they should be allowed to board all
passing trains, regardless of the rules
and regulations of transportation COM
panies, at their will. For II this does
become the law, instead of advancing
civilization it will leave decent and
w-abiding people on our public con-
veyances exposed to all the dangers OF
the worst element without any lawful
protection. for public officers can not
be carried on trains, and when the
hands Of tho employees Of the railroad
companies are tied there can be no pro-
tection.'
The case IS one of the most impor-
tent before the court for some time.
Judge Wilson, who is general counsel
for the Omaha, pleaded eloquently for
rehearing and Mr.. Hallam. formerly
county attorney of Woodbury. county,
replied for the plaintiff in the case.
The view prevails here that the de-
cision of the supreme court in the Han
Apply case regarding the soliciting OF
orders for liquors to be delivered by
express or othrwise will not have any
great effect in Iowa, unless 1t is in
few OF the most stringent prohibition
where the express traffic |
in liquors has not been tried. The de-
cison went to the length only of de- |
Gliding that soliciting may be carried
on and that goods may be delivered
on such orders. 1t does not affect In |
the least the prohibition OF sales of
such liquors afterwards. 1t would
hardly go to the length of one claiming
from state law by becoming |
an agent of an outside company and !
setting up saloon in defiance Of state |
law. In fact the decision does not In |
the slightest degree affect the mulct |
law, but goes only to the effect of mod
flying the prohibitory law. The de-
cision makes this very clear. The de-
cision will not be questioned. 1t fol-
lows a federal ruling which was made
by a divided court. But the Iowa de
cision was made by Judge Weaver,
who attained much notoriety by being
the one member who was brought into
the legislative assembly on a cot to
vote for prohibition in the days When
prohibition was a burning political is
sue. His reward for this was defeat
at the polls when he first ran for judge.
Now he is, strangely enough, the one
to pass on one of the most important
phases of the prohibition law and de-
clare it null and void. But the decis-
ion, so it is declared here, will not
have any far reaching effect, for boot
always has been carried on
in Iowa and always will be, and the
decision merely goes to the length of
saying that the state is powerless to
prevent it.
The Des Moines delegates to the
grand lodge of United Workmen have
from Council Bluffs much
pleased with the meeting. The grand
recorder who has an office in Des
is hereafter to get salary
Of $l,S00 year and clerk hire Will be