The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-22
ALL PASS USERS TRAVEL
At OWN PERSONAL RISK
Cannot Collect Damages from
Railways if They Are Injured
in Accident.
HIGH COURT DECISIONS

WASHINGTON. March 21.-United States
Supreme Court to-day again decided that
persons travelling on railroads may not
secure damages in case of accident when
they ride on passes. and the decision went
TO the extent of applying the principle to
such passengers who are not familiar with
the contract usually printed on the back
of passes.
The case decided was that of John d.
Boering and his wife, Nearing Boering.
versus the Chesapeake Beach Railway
Company. Mrs. Boering was injured in an
accident on the road while travelling on
a pass issued 10 herself and her husband.
containing the usual stipulation of eXemp
ton from damages. II was urged that she
had not been made aware of the stipulation
and that even if not liable on general prin-
ciples the company must be so on account
of her ignorance. The court did not accept
this view. The opinion was delivered by
Justice Brewer. who said
Here there was no contract OF carriage
and that fact was known TO Mrs. Boering.
She was simply given permission TO ride
in the coaches of the defendant. Accepting
this privilege, she was bound to know the
conditions thereof. She may not. through
the intermediary OF an agent, obtain a
privllege-a mere license-and then plead
that she did not know upon what conditions
II was granted A carrier is not bound
any more than any other owner of prop
erty who grants privilege to hunt the
party to whom the privilege is given and
see that all the conditions attached TO II
are made known. The duty rests rather
upon the one receiving the privilege TO
ascertain those conditions.
In an opinion by Justice Day the Supreme
Court to-day reversed the decision of
the District Court for the eastern district
of New York in the cases of three China
men (all laundrymen), who are held in
Brooklyn for deportation under the Chinese
The Cinnamon have been in the United
States for from ten to twenty years. They
were apprehended on warrants charging
them with failure to produce certificates in
accordance with the exclusion law of 1892.
as amended in 1893. They made defense that
they were merchants, and while the govern
ment asked to have the effect of the amend
ment of 1893 construed the court declined to
do so, saying that owing to the condition
of the record in the case the court had
consulted the testimony. All the witnesses
mercantile pursuits and that therefore were
not subject TO deportation. The court
issued an order to the lower court, directing
the discharge of the men.
The Supreme Court to-day decided that
a land claim under the timber culture law
be made alienated before the expiration of
the five years. The case in which the opin-
ion was rendered was that of NJ ]. II.
Adams VS.. j. NJ. Church, and it originated
in Malhur county. Oregon. The opinion
was by Justice Day. who said that the re-
quirement to plant trees made by the tim
Der culture law places the entry man
der that law on a footing different from
that of the entry man under the homestead
law.
In an opinion by Justice Holmes the
Supreme Court to-day upheld the local op-
ton law of the State of Texas. The case
was that of Granville Rippey VS.. the State
of Texas. Rippey was convicted of selling
liquor contrary to the law. and the State
Court of Criminal Appeals affirmed the YER
dict. Justice Holmes said that inasmuch
as the State had absolute control of the
liquor traffic within its borders Rippey had
no case under the federal Constitution.
The cases involving the controversy be-
tween the Western Union Telegraph Com
pany and the Pennsylvania Railroad Com
pany over the formers right of way along
the railroad to-day were set for hearing on
the first Tuesday of the next session of the
court.
The hearing in the Fayerweather will case
was assigned for the 18th of next October.
The case has been before the court several
times. 1t involves the will of the late Dan
iel b. Fayerweather, who left an estate of
several million dollars to a number of col
leges.
The Supreme Court to-day adjourned for
two weeks for the usual Easter recess.