East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-30

Following is a copy of house bill
No. 262. introduced by Representa-
tive Steiner, and is intended to stop
range wars, by making counties re-
sponsible for so per cent of the value
of all stock so killed:
A bill for an act to make counties
and municipal corporations liable for
injury to and destruction of. cattle.
sheep, horses, swine and goats with
in their respective limits, and provid-
ing for the time and manner of en-
forcing payment therefor.
Be it enacted by the people of the
state of Oregon:
Section /. That whenever in any
county or municipal corporation in
this state, any cattle, sheep, horses,
swine and goats shall be injured or
destroyed by any outlaw, or person
or persons in disguise, mob or riot,
the owner of such property shall be
entitled to recover of the county or
municipal corporation in which such
property was located at the time It
was injured or destroyed, so per cent
OF the reasonable value thereof, at
the time and place where injured or
destroyed
Sec. 2. That claims for sad dam
ages allowed in section l of this act
shall be first presented to the coun-
ty court in the county in which such
damages occurred within 20 days
from the occurrence of such damages,
with proof of loss, and shall be acted
upon by said court as other claims
are now passed upon. That in case
the decision of the county court is
unsatisfactory to the party claiming
damages 1t shall be entitled to appeal
from the decision of such county
court to the circuit court of said
county. In case of such an appeal
from the county court to the circuit
court the same shall be commenced
by the filing of a complaint in the
said circuit court of the said county,
and the service of summons shall be
had as an ordinary action at law.
1t shall be sufficient service in such
actions to serve the summons and
copy of the complaint upon the coun-
ty clerk of the county defendant. In
case such damages be against the mu-
nicipality, they shall file their proof
of damages with the recorder of such
municipality within 20 days after the
happening of such damages and such
claims shall be passed upon as other
claims are now passed upon in such
municipalities, and in case the party
desires an appeal from the decision
of the city council of such municipal
ity, he shall proceed as above pro-
vided from the county court; the copy
of the complaint and the service of
summons shall be served upon the
recorder of such municipality, and
such actions shall be prosecuted to
final determination according to the
laws of this state and the practice
of the courts relative to actions be-
tween private individuals.
Sec. 8. That any action commence
ed by virtue of this act shall be COM
menced within one year after the act
complained of is committed after
which no action can be commenced
hereunder and the county or munich
pal corporation is released from all
liability on account of such injury or
destruction of said property.
Sec. 4. All judgments recovered in
Pursuance of the provisions of this
act shall be satisfied in the same
manner as other judgments against
counties and other public corpora
tions as provided in section 362~ of
Bellinger and Cotton's Annotated
Codes and Statutes of oregon.
Sec. s. That If at any time before
the payment of the money recovera-
Bile under the provisions of this act,
the offenders shall be apprehended
and duly tried. convicted and punish
ed, such conviction and punishment
judgment in the particular case. If
the offenders herein described shall
be apprehended and undergoing trial
or I'm custody of the law awaiting
trial for the offense about which the
action is brought, the court, or in
vacation, the Judge thereof, may on a
proper showing suspend proceedings
in the suit for damages until the re-
suit of the trial of the apprehended
person or persons shall be known.
Sec. s. That the provisions of this
act are necessary for the immediate
preservation of the public health,
peace and safety, and an emergency
exists. and this act shall take effect
and be in full force from and after
its approval by the governor.
A Grim Tragedy.