The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-09-01
DAMAGt
FIRE STATUTE GOOD
JUDGE GARLAND HOLDS BtR1r
NGTON COMPANY WILL PAY
$4,000 UNDER THE
LAW,

Judge Garland presiding, a decision
was rendered in the case of the gov
eminent against the Chicago, Burl-
ington & Quincy railroad which
touched on the constitutionality of
the double damage fire statute, enact
ed by the state legislature of 1907.
United States District Attorney
Wagner, of this city, received word
yesterday from Judge Garland stat
ing that he had denied the motion Of
the Burlington Company, and that he
had sustained the double damage fire
Law.
The cas- In question vas brought
by Mr.. Wagner in behalf of the gov
eminent to collect damages from the
railroad company for property de-
stroyed in the Black Hills National
Forest Reserve. The Burlington CON-
pany's line passes through q portion
of the eserve and also the military
tract which is adjacent. Two years
ago in September an engine of the
company set fire to some Of the trees
in the reserve and burned over a
large territory. Mr.. Wagner sought
to effect . settlement with the COM
pany. and placed the damages of the
government at the sum OF. 100000.
The company showed no disposition
to effect the settlement and after
waiting sixty days. as provided by
the state law. Mr.. Wagner began suit
under the double damage law. This
law provides that when a PERSONS
property is damaged by the railroad
company, and after notice of such
damage and it fails to effect a settle
ment the claimant has the right to
commence legal proceedings for the
collection of the damages sustained
and the law permits him to claim
double damages. 1t was unedr this
provision that Mr.. Wagner began hts
suit, after the railroad company had
paid no attention to his first notice
of settlement.
In denying the motion for the new
trial Judge Garland sustained the
law. and granted the government the
sum of $4,000 for damages to the
reserve in the Black Hills country.
Mr.. Wagner went out to Deadwood at
the solicitation of the attorneys for
the Burlington company to effect the
settlement on the basis of the decis-
ion rendered by Judge Garland.
Mr.. Wagner stated that he expects
to have a similar cas- against the
Chicago, Milwaukee & Puget Sound
Company for damages done to prairie
lands on two Indian reserve tons.
Major w. L. Belden, of Standing
Rock, and Thomas I. King, jr., OF
Cheyenne agencies, we're here in con-
sultation with Mr.. Wagner relative
to dagame done by the engines Of the
company in a prairie fire for which
they yer responsible for starting
some time during the month of June.
Major Belden stated that in the fire
fully eight townships in both reser-,
vations were burned over, destroying
immense quantities of hay and hay
land, thus denying the settlers from
the harvest which al naturally
theirs when 1t would have been har-
vested this fall.
Major Beld@n stated that about
$4,000 acres of land were burned
over during that prairie fire, and es-
timating the loss at 20 cents per acre
it will bring the total loss up about
$4,000. The two agency officers
were in communication with the off,
GERS of the company at Aberdeen, and
it is understood that they received
little satisfaction from them concern
ing a settlement and consequently
came on here for a conference with
Mr.. Wagner over the situation. He,
was given the full detail Of the case.
n there Is q probability that The
district attorney will commence suit
against the Milwaukee company in
the United States district court under
the double damage fire statute.
With the Burlington case as q cri-
terion there is a strong possibility
that the Milwaukee company will fare
in about the same manner. providing
the evidence is "a convincing in the
one case q in the other.
Concerning the eonstitutionality Of,
the double damage law. . case has
been before the supreme court hi
which the state body sustained tie.
Law. but Il was IT, alst opportunity
that the federal court has had Is sst,.
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