The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-09-08

Is /. 10y
,twothirds vote the act is passed with
an emergency, clause stating 1acts
showing that it is necessary for me
public peace, health and sa1ety.a ~
course there Is often good reason
why an act should take lmmedlate o.
feet when it is not in any way neces,
sary for the public peace, health ana no
safety, and in such case the emer-
gency clause should conform TO sec
ton 67 OF the Constitution. All tnat
is really necessary Is that the act de-
clare an emergency and receive a,
tWo-thirds majority vote In each
house. 1t is never necessary Tor
body of men to certify to 9 matter
that is obviously untrue and nothing
is gained by it. .s,,....
Reichert & Ray VS.. Northern Pacific
The complaint AYERS that on July
28th, 1914, the plaintiffs were in pos:
session of certain hotel property N
Dickinson. The basement was USED
as sample and store rooms and as g,
pool and billiard hall. That upon Us
right Of way through. the city the de-
PENDANT maintained a high grade en-
bankment and crossed a natural WAFER
course, the natural drainage Tor the
surface and storm waters of a, largf
area. The hotel is in the basin drain
ed by the water course and that 1n
constructing it's road and embanH
men defendant filled up and obstructs
ed the water course, leaving only 2
small open ditch and a small iron cul1;
vert to carry off the water; that on
July 18th storm I. waters damned
against the enbankment and hooded
the basement of the hotel and dam
aged them to the amount OF $3,0OO.
Defendants appeals from an order de-
nying a new trial and from Verdlct
and judgment for $4,000.
The jury gave special verdict. In
answer to the material question. was
! the storm and food Of July 28th an
| unusual or extraordinary one, the all
swer was, No. The answer was clear
| " and obviously untrue There Is no
claim that there ever was another
such a food. in Dickinson. II the. nood
| were of ordinary, Qccurance, then j.
was an act Of folly and neglect TOT
the plaintiffs to put their goods In on
unprotected basement liable to be
flooded by an ordinary storm. ltmust
be presumed they knew Of the en-
bankment and the culvert and the
water course and the drainage OF the
city. and with that knowledge they
did not fear q food and they took no
precauti0n to protect their hotel base
ment by cement walls or otherwise.
The hotel is on q rather level basis
at the foot of long and rapid descent
on street which had been curbed
and paved, so that when the rain fell
in torrents the water rushed down the
rapid incline and piled up on the level
of the hotel. Had there been no en-
bankment the water would have piled
IN lust the same and it would have
run over the curbing and into the I'M;
protected basement. ~, { SGs,4ssS g;.a
Dickinson is in u semi.arid country
where the average annual railfalls1s
about 70 IL inches. One inch ins244
hours would be a normal or rather
excessive rainfall. .s For ten, years
prior to July 2Sth, 1914, the average
precipitation on days OF snow and rain
was less than quarter OF an inch.
1t was about Is of an inch. Except
on July 28th, 1914, the largest rain
fall shown on the record OF the wea-
Their bureau was 26 inches. That
| was in May, 1903 In the year 1914
! the total precipitation was 1888
inches, and yet in July, 1914, there
was over four inches In a few hours.
That is, the rainfall in few hours Of
that day was one fourth of all that fell
during the year-and the jury says
that was not extraordinary. Now
| that is perfectly absurd and manifest,
ly untrue, and every Juror knew u.
Every juror knew the rainfall was
extraordinary and very extraordinary.
But railroad companies do so many
mean things and make OverchaFges
and pile up so much wealth that juS-
ors and judges do like to get even
with them once in a while; and while
: that may be some excuse, we must
not turn the law into mOckery Of
Justice.
The Dickinson storm of July 2Sth
was such storm as never occurred
before and may. never. occur again
No party was bound to look for and
to guard against any such an extraor-,
binary occurrence. Hence, the judy
ment should be reserved. %Ft~