The Birmingham age-herald., 1903-12-17
DAMAGE SUIT QUESTION.
Col. w. H. Denson Expresses Himself
 Vigorously on the Subject.

To the Editor of the Age-Herald
 Under the above heading in your issue of the 16th inst. in the column you name ''ln Hotel Lobbies appears a most re- markable communication. You state 1t comes from "a gentleman who has dis played an active interest in the eevel- t opment of the city" No one who writes and has published such communications, unless he signs his name to the same, thereby asserting his responsibility for the same, is entitled to notice, and cer- tainly can make no impression on any community, and the interest, such a one may have displayed in the development of the city" has not been predicated upon any desire for the general welfare, but alone for the qualification of per- sonal greed and private profit.
 The statements contained in the com munication are conclusive of the truth of what is said above. In view of such statements. 1t was wise for the author to shelter himself and secure secrecy of his name by having his views inserted in the column known as Tn Hotel Lob bies"
 The ingenuity of man could not have improvised and recorded more baneful error towards public and private inter- ests and rights in so short a space. And because of such error 1 analyze the com munication without any regard to the person or intent of the author
 Life is the most sacred and priceless of all the. endowments and possessions of man known to divine or human law The integrity of the person, security for all the limbs and members of the human body, are embraced in the right and se- curity to life under our laws.
 Menaced by imperious necessity, one citizen is Justified by the law in taking the life of another, to protect his own life or to secure his person from great bodily harm.
 The supreme court of our state de- clares' Where human life is at stake to preserve 1t, the law requires everything to be done that gives reasonable promise of its preservation regardless of difficult ties or expense"
 And the same court further declares: "Consent of the injured can give no right to kill or maim"
 The author of the article under discus sion refers to an instance where a small concern, as he denominates it. was wrecked because of damage suit, and verdict of the jury against the con- cern for killing one of it's employees and because of this verdict the community lost pay roll amounting to thousands of dollars a year The author closes by stating: Tt was but another case where one man gained and the whole community lost-lost not only in the failure of a worthy enterprise, but in prestige, for investors were made shy of the place."
 Undoubtedly the verdict of the jury in hn t1xlA believed it was right or it would not have paid the judgment. The "concern" had forfeited to the dead mans family that amount of money for unawfuly kill ing him. In the opinion of the author. the gay, festive and heartless creature, who has displayed an active interest in the development of the city, it mat ters nothing for an industrial concern to unlawfully kill an employe. Such con- cern, with manslaughter at least brand ing it's conduct, must not be disturbed or punished for its unlawful conduct; that to mete out lawful damages against it for it's unholy and unlawful conduct will stay the development of the industrial resources of the community and make investors shy of this place.
 No honorable and fair minded investor desires to put his money in a section and no honest enterprise desires to be turned loose, free from liability, upon a commun- ity. where the unlawful taking of human life or the impairment of the human body can not be punished by law. An investor or enterprise that desires such privileges is not a menace merely to the community, but a malicious enemy. and all Christian people most earnestly request them Co stay away from our midst.
 Human greed the securing of filthy lu- ere, are more to be desired by such a of han ba life and limb.
 The world has not yet sunk to the low plane, nor has Christianity reached the unrighteous level of such sentiments as expressed by the said author in the col umn, 'In Hotel Lobbies."
 The vail of the widow, the cry of the orphans, and the absolute want and pov- erty of the victims of such lawlessness must fall upon callous hearts, must en- viron iistless and cruel ears, and pass merely as vision before unfeeling and remorseless eyes
 The alms-house must be crowded with the helpless and defenseless victims of such lawlessness, to be maintained at public expense and by public charity, and let the "concerns" of investors run riot in lawlessness and roughshod over the rights and security of employees without accountability for such conduct in order that commercial and industrial prosperity may prevail. Such a sentiment is with out God and without justice to approve it, and belongs alone to brutality.
 If the commercial and industrial pros- perity of Birmingham must be secured by such methods, then let It remain wilderness, and yet be true to the sent- ments and teachings of the humble Nag creme.
 If the resources of this district can alone
 ..fe be developed by the observance oi sucn lawless methods. then no honorable or Christian man desires to develop this dis | trict Let such resources remain hidden l in the earth, and the rugged surface of our mountains stand as brave and faith fuI witnesses to the Christian and hu- | mane spirit of our people.
 To show the spirit of anarchy and law 1 Iessness that is contained in the article | before us, notice the fact this active and | developing gentleman" insists that the l