Show from Firl fridays das daily march 3 A questionable YZ the house passed abill a bill andena ao tending lag the present law relative veto to atie a e killing of stock on railroads As the subject is one of importance to Tail railroad road comp companies shies their employed emp loyes and stock owners on railroad lines as well as the proprietors ot of live stock we append the bill section 1 be it enacted by the governor and legislative assembly of the territory of utah that section 35 85 chapter 3 of chapter 45 laws of 18 1884 of an act entitled an act compiling and amending the lewd laws relating to private corporations approved march 13 18 1884 be and is hereby amended to read sec SQ 80 that any corporation oper epting a railway or railroad within this territory which shall injure or kill any live stock by running any engine or engines rigi neg car or cars over or against an any suck such live stock shall be liable to the owned or owners of such live stock tor for the damages sustained by such owner or owners by reason of su h injury or killing of such I 1 live I 1 ve stock and any such corporation injuring or killing any live stock by running any engine or engines car or cars over or against any suca live atouk shall dirbin ten days thereafter notify noly the owner or owners of such live stock so killed or injured of the fact I 1 provided that it if the ownership of such stock so killed or injured is unknown k no wn 8 such a h corporation shall idle ale in the office of the Reco recorder ider of the co couney u uty in w ich such live stock was so killed or injured a full fall description including the number classes and brands of such live stock naming the locality where such 8 stock to c k was so killed or injured and any corp corporation oraon failing to comply with the he requirements of this section shall be liable to the owner or owners of uch such live stock so killed or injured in double the amount of damage sustained by the owner of owners of such stock by reason ot or said killing or injury any person or persons owning in an any live stock which ahall be k killed le or injured in the manner set sec forth in this section within six months ad after ter the said person or persons is br or are notified of the said killing killin or injury as provided herein herbin shall f furnish the corporation having ab so killed or injured live stock through its nearest st agent sworn evidence of the value of said live stock and upon the payment by said corporation to the owner or owners of said live stock of the he f fall all value of said stock so ascertained the said corporation shall sh allbe be released from all liability under this act for the purposes or of this act toe the terms live stock and stock shall ball include all clas classes be 0 of horses asses mules maies nest neat cattle sheep s tie ev and swine sac 8 9 this act shall and be in force from and at after terp att cassase and approval 1 W the first sentence sent euce of section 85 included inc laded in section one of the new bill though it might not at first sight attract tract special attention on en a close examination will be found to be a provision of a far reaching character and one which overturns some of the fundamental principles of the law of damages around which the substance of that law has been crystal izing for hundreds of years it arbitrarily re aires rall railroad road corporations to te pay for the stock they kill without regard to the circumstances under which such killing may be done and without allowing 14 for r sn any negligence which may exist or be sho shown wa on the patt part of the owner Is such a law insa Is it in accordance with equity to require a party parly do dodt ng damage to pay for or the same osme when ben a disclosure or of the facts MAY show that thac the party damaged was waa to blame ta Is such a ia law lu 1 harmony wita a correct public V Is it constitutional before the anal passage of the bit 1 l mr some bume 0 of the above queries quer iea but oe lie bad not apparently prepared to 10 make au aa respecting them and the house tats biu bill without pausing to determine whether or ar not the measure was ot of fundamental principles in its present form the bill offers a p premium premium upon negligence careless D neail ess ana reciE upon ake part ot of stock owners indeed it Is not going 0 o alq aa extreme to say that the tae bill affords an opportunity for fraud and wrong for under it the owner of an animal might purposely have it killed for the object of obtaining ing damages da maxes and aad in pursuance of such a selfish motive destroy other property and even human life la so tar far as this bill ignores the element ment of probable or possible poa sible negligence on oa the part of the stock clock owner in requiring live stock killed on a rail read to be paid for uy by the railroad company it is of justice and of elementary principles of law and aid it to is very questionable whether abat feature of the bill would be sustained in the courts coorts the council will have an opportunity to correct the bill it it desires |