The broad ax., 1922-07-15

vised Statutes OF 1919, page zoos, a
cause of action survives, and that the
next of kin of the said deceased would
have a right to maintain a suit for
damages for the death of such per-
son, and that the individual, firm or
corporation who would have been La
bic for damages to the injured person,
had death not ensued, would be liable
to the next of kin, and, under the law,
should be required to respond in dam
ages to the defendant heirs at law or
next of kin of the said deceased.
The case of Louis Phillips is suit
for the recovery OF damages for in
juries inflicted upon the plaintiff at
the hands of a mob at 39th and Hal
sted streets. The plaintiff in this case
was shot in the head and his right
eye put out, and has been permanent
w crippled as a result OF the injuries
sustained by him. If this case is set
tied, the attorneys for the plaintiff
are asking SS,OO0.0O.
The case of William Stewart is a
suit for the recovery of damages for
personal injuries sustained by the
plaintiff at the hands of a mob at
35th and Wabash avenue, who shot
him through the body and broke one
of his legs. The plaintiffs attorney
feels that the City should pay the
sum of $4,000 in settlement
We desire to advise you that three
of the so-called riot cases have been
tried, and in each case the jury has
: returned a verdict of guilty, and the
courts have entered judgments upon
the verdicts; one for the sum Of
s.. 10000, one for S3,5O0OO and one
for $4,000.
Since our former communication to
you, the Appellate Court has passed
upon the question of the liability or
the City for a death resulting from
injuries sustained at the hands OF a
mob during the so-called race riots.
In discussing the liability of the
, City in the case of Barnes v. City Of
Chicago decided April lS, 1922, the
Appellate Court said:
Plaintiff in error brought an action
against the City of Chicago predi-
Gated upon An Act to suppress mob
violence in force July l, 1905. (Ch.
So, pars. 537 to SAP, Cahilrs Stats.)
The City's demurrer to the declaration
was sustained and plaintiff elected to
stand by her narr.
The declaration was in two
counts. The first charged an as
semblage of FIVE or more persons in
said city for the unlawful purpose oil
, offering violence to the person and
property of any one supposed to have
been guilty of violation of the law
and for the purpose of exercising cor,
rectional and regulative powers on
any person or persons by violence
and without lawful authority, and
that said mob, composed of such per
/, sons while so assembled did fall upon
lynch, shoot, wound and kill onc
. John w. Simpson, the son of plain
tiff, a single and unmarried man, who
left plaintiff, his mother and Inca
heir. who prior to his death was de
pendent upon him for support.
"The second count set forth the
same matters, with averments tina
J, Simpson was a police officer, exer'
cising his duties as such when Sc
: victimized by the mob.
cit is contended by counsel for thu
,. City that the declaration is defec
4 tive in that It does not allege that th'
mob assembled for the unlawful pur
4 pose of offering violence, etc, to SAID
Simpson, supposed to have beeI
, guilty. etc, or, for the purpose o
;. exercising correctional powers o.
|. regulating powers over said Simpson
by violence
Il at is argued that such other per
e SON suffering death by lynehing, a
: referred to in section S. relates bael
d to the particular person supposed Il
B have been guilty of violation of tn
II law to whom the mob purPosed 4
: offer violence, or to exercise corree
+ tional powers over; in other words
= that the declaration should ailege tina
e the mob assembled to offer violene
$ to the particular person who wa
i iynehed-
I, 1--WE think this construction vio
e lates the intent and purpose of tn
a act, as defined IN It's very title, "A
It Act to suppress mob violence A
: measures to that end It penalties b.
e a fine any of the persons composinl
+ the mob, whether injury results o
Il not, and by imprisonment in the peni
# tertiary If damages 70 property or sc
: rious injury to the person of an