Casper Daily Tribune Newspaper, April 21, 1920, Page 5

ES APRIL 21, 1920 a acc ano ee hee tr SUING GOVERNMENT 15 DIFFERENT rs Ss > e e Case of Business Ruined by Coast Defense Cited. WASHINGTON, April 21.—On a*rocky headland of the Maine coast a man built a hotel. It became a prosperous summer resort. Then the government of the United States bought the land immediate- ly adjoining his, and built a coast defense fortification equipped with ordnance of the largest caliber. The guns were regularly used for target practice. Every time one of them went off, the vibration would shake the hotel and shiver a few of its windows. No one would stay there. The owner was ruined. | He sued the government under a|seems childishly unsound. If the gov-| clause of the judicial code by which the}ernment is not responsible for them, government makes itself responsible for property taken by its agents. He con-|sponsibility on the part of the govern-! tended that to all interests and pur-}ment amounts of the creation of thou- poses the government had taken his|sands of partly irresponsible persons./ hotel away from him. Both the court|But the whole purpose of law is to fix! of claims and the supreme court dis-| responsibility for agreed with him. He got nothing. The/where. This Iegal thgory is therefore great guns still boom, and his window-/a negation of the msinpurpose of law. less deserted hotel stands as a monu-| Corporations having thousands of em- ment to the irresponsibility of govern-; pioyes are held responstble for the ments. slightest negligence on the part of Law, not Justice these employes. Why should a gov-| This case is an excellent example of|ernment truck be able to run over you) the difference between law and jus-/with impunity, so far as payment of tice. According to the highest courts) damages is concerned, while if a street in the land, this man got all that was|car hits you, the company is held re-| coming to him under the law, but he|sponsible and almost always made to certainly got no justice whatever. This pay? is not @ fair example, however, of a} suit against the government. Most per-| sons who have a claim for property! or money against the government can find in the law some clause upon which to base their claims, and they have about as good a chance in the courts gainst the government as they would have against any other defendant. But the extent to which the government can be sued is strictly limited. Ac- cording to Harvey Jacobs, a lawyer of the department of justice, who is. edn- cerned with the defense of claims. against the government, few citizens, even lawyers, understand just how and on what grounds the government can’ be sued. It seems worth while, there-|In general, it may be sued for any fore, to explain briefly the legal statas| Cause arising out of a law of congress of the government. {or a contract express or implied made | It is a basic principle of common law} bY the government. The general that no government can be sued with-| fect of this section is to make the gov-} out its permission. The courts ana|€nment legally responsible in its lusi-| the law are creatures of the govern-j@Ss dealings, much as a private in-| ment and it cannot be subject to its|@vidual or corporation is responsible own creatures except insofar as it wills.| Tike @ corporation, it has a large corps! But the government has to make con-| OF ats oeetent Arcandithey, sks s tracts and to do business just like a| lawyers, diligently hunt loophol:s. in| common citizen, and if it hel itseit;the Iaw “by which their client may | wholly above the law no one would) ape the responsibility. The plaintiff | want to make contracts or do business | Fane Li Srictnne nereneeah sey with it. Therefore the government has | }\'0° AN meen ts aa Pea ae Olea chosen to make itself suable in cer-//@W. But that is true of a plaintif inin Gaeeke aithakeananal Gann alseesch seins saya om rful organization dc-| Which it may be sued are set forth in/*@nded by able lawyers. | section 145 of the judieilal code, and} Sample Cases. there are in addition a number of spe-|, Thus the government makes a con- il grounds growing out. of "special| tract with a man to deliver a cer vents sontoenaltiona! | amount of coal, more or less, at a ce When Government is Irresponsible | t#i0 price. In the course of the ¢e Before explaining wherein the govern-| ¢T¥, both the cost 6f mining, coat ment holds itself responsible for it is] ier kot ieee proremses “enorziic s, it is well to understand the cases) ip, claims that the conditions under in wnteh: it is most completely | irre-! changed. and that he should be let out sponsible. ‘The government is nob re-|o¢ nis contract or paid more. sponsible for the negligence of its S€rV- | eovernment lawyers make him deliver, ants, This, from the viewpoint of the} hot onty the amount *Peeified, but un.! citizen, is the great weakness in its | der the “more or less’ clause, they make legal position, ‘The government is re- $ % him go on delivering more. Likewise.! sponsible for whatever is done deliber-| tie government makes a cntract with! ately in its name by one of its serv-_ | aunts, but not for the stupid or care-’ less acts of those Same servants. Thus if a troop of cavalry camps by your farm and the commanding officer ap- | Propriates your haystack to feed the | horses, you can sue for the value of | it the hay and have some chante to get ¢ it. But if that same officer | builds Hauling Contracts his campfire by your haystack and Wyati-Wolf Motor Co. burns it up, it is useless for you even Call Temporary Office to seek financial redress. Again, the Wyatt Hotel | streets of Washington are filled with sreat government troops belonging to Dealers—Federal and Re- public Trucks | | Should Be Changed. It is agreed by some lawyers that the government position is we and that| it should be made responsible for the) careless acts of its employes. Until a few years ago a workman injured in| government service could not recover damages. This was remedied a few years ago“by the creation of the em ployes’ compensation commission. The tendency is always to make the govern- ment more and more responsible for its acts, but that responsibility is still far from complete. } Section 145 of the judicial code sets forth the general grounds upon which the government allows itself to be sue various departments. These are often | driven. at breakneck speed by careless boys. But of one of them strikes you and injures you, you have no financial redress. You may sue the driver as’ an individual, but as he has no money, this docs you no good. During the war} long processions of these trucks went, tearing about the country and ordi-/ hary citizens frequently had to take; the diteh to escape them, They ‘were |] » | superme and irresponsible. The divine right of kings has its modern recrude- | a scence in the divine right of gevern-| Se ment truck drivers. } According to the lawyers, the theory is that the government cannot be re-/ sponsible for all of the thousands of its | servants. Nearly all governments hold | themselves thus exempt. But the theory Arrer Croups comes SuNsHINE, deal in. Arrer DesponpDENcy comes Jo¥. Arrer SIckNEss CoMES HEALTH. Arren WEAKNESS CoMES STRENGTH. | _ In the spring when you're “all in” —fagged out—blood thin, if you will turn to Nature’s remedy, But the § the railroads to carry the mails for a term of years at so much a year. Mean- time the parcel post law goes into ef- fect, and the mail is enormously swelled. The railroads, naturally, ask for more money They have gotten adverse de- cisions, but are still fighting about it. Many cases might be cited in which a plaintiff against the government gets prompt justice, and no doubt some in which he gets more than he deserves. In other words, once the ground for a government is in much the same fix as a plaintiff against any other powerful organization. The best lawyer wins. The only court devoted exclusively to the consideration of suits against the government is the court of claims. It consists of five judges appointed by the president and confirmed by the senate. It is the next highest court to the su- preme court. But suit against the gov- federal court. If the amount involved is less than ten thousand dollars, the Suit must be brot first in the district court. if more than ten thousand dol- either the district court or the court of claims. The government may always make an appeal and the plaintiff may do so if more than three thousand dollars is involved, In addition to the general grounds set forth, congress may legislate to allow the government to be sued on any other grounds it sees fit. In other words, the government has the power to give permission for itself to besued at any time in any case, but the granting of this permission in'volyes an act of con- gresg Congress may also legislate to dispense with the statute of limitations, which makes it impossible to sue for damages more than six years after the act which caused them. That is why Indian depredation claims, Civil war claims, and French spoliation claims are still being considered from fifty to a hundred years after the damage was done. In these cases the court of claims merely reports to congress as an in- vestigating commission, and congress must pass a algct to pay the claim. NORTHWESTERN TRAIN DELAYED BY ACCIDENT The westbound Northwestern train, due here yesterday afternoon at 320 o'clock, was derailed early yestertay near Harrison, Neb., a town abont four miles east of the Nebraska-Wyo- ming line. No passengers were hurt and wone of the coaches turned over, | it was reported here this afternoon. | On derailment, this Casper until 7:30 account of the train did not res o'clock this mor a | A curious instance of extreme color blindness recently came to light. A »ostofiice clerk could never balance his mination proved that he was unable to distinguish between the FIRE no favorites. Don’t feel that you deserve any credit because you have never had a fire, and have never spent a dime for in- surance protection. You were only lucky LUCK, ifke fire, is no chooser. It is perhaps not your turn yet, but nine times out of ten your turn WILL come. If you have been unprotect- ed or not sufficiently pro- tected, take advantage of your good fortune up to the present time, INSURE 2W, before it is too late. We Write Insurance hoo Bos Really Ge. 109 W 15" ST. PHONE 74W | Get Your :| Money’s Worth | When Buying Clothes —And permit us to tell you | that there is only one way to | do that and that is by obtain- } ing the best there is to be had | and that’s the only kind we | Suits by Hart, Schatfner-& Marx and Styleplus Memecunnisc! | $35, $40, $45, $50, $55 WP find strength ined. No need regail to tell you it’s Dr. Pierce’s Golden Medical Discovery, put up in tablet or liquid form, and sold by every druggist in the land. After ahard | winter—shut up indoors, your blood | needs a temperance tonic, a tissue- | builder and blood-maker such as this | Medical Discovery’’of Dr. Pierce’s. | SEATTLE, WASH.—‘‘I was in a general run-down condition. Had ad blood, disordered stomach kidney trouble and nervousness. f took three bottles of Dr. Pierce’s Golden Medical Discovery and five or six bottles of ‘Favorite Pro- scription’ and was completely cured. Have never been sick a day since.”"—Mrs. Mary HASKINS, No. 907 Twenty-seventh Ave, sHOE ACLO e. THING co Always at Your Service U }suit is admitted, a plaintiff against the, who is?» This renunciation of legal re.| "ment may also be brot in any district | Sheridan and Buffalo with bids also for \ PORTING NEWS| ARBOGAST WOULD SECURE FOR MIDWEST - PLAYERS Manager Arbogast of the Midwest ball team is endeavoring to arrange an up-| state schedule for early season play and to this end has addressed letters to Cody, Greybull, Worland, Powell, Lovell, | games in Roundup and Billings, Mont. | Only part of these towns have organ- ized clubs fer the coming year altho Greybull is entering the field with a fast everything some-! !4Frs is involved, the suit may be brot in| team and it is likely that others will be’ able to book games before many weeks. THERMOPOLIS READY TO BACK GHARLIE PETERS AGAINST: JAGK TAYLOR Thermopolis fans have turned enthus- jastic backers of Charlie Peters wrestler from Nebraska, who McLeod attempted to bring to 1” Following the easy defeat of Pleasant nith, who has been seen once in Cas- per, at Thermopolis, Thermop boosters gathered a purse of nearly $2,000 to- fether with which to back Peters. Big Jack Taylor ir tive challenge has answer to a tenta- nified nis intention of taking on Peters if fair terms can be arranged either here or in Ther- mopolis. ‘Taylor is scheduled to at- tempt to down Allen Eustace of Kan- sas here in the Iris theatre, April 26, and is*busy with other matches until May 7 or 9. | Taylor considers Eustace much the harder man to down of the two men—| Eustace and Peters, Eustace has by | far\the best record in the wrestling gam# and is now going at top speed. Thermopolis sport fans have been back- ers of Smith but now have turned to Peters 2s much the better man. | CANFIELD BURIED AT SUNDANCE| | The remains of Everton Canfield w ere | twken to his home at Sundance yes-} terday afternoon. His son accompanied | the body. Che Cas: et Daily Eribune dent of Casper, died at relative: BOBBY WAUGH HAS BEST | DELMONT IN 1 ROUNDS (By Associated Press.) ANTONIA, Tex., April Waugh, Fort Worth, Jene Delmont SAN bested New York, in ten rounds critics. OLD RESIDEN DIES TUESDAY 6 Leonard Staal, aged an local hospital iliness t night after a lor tomach trouble. There are no known in this vicinity. The remains were tekin to the Bowman chapel where they will be held while an effort is made to locate relatives. FAOE VERY Bi WITH PIMPLES Swollen and Itchy. Hard To Sleep. Cuticura Heals, “I was thirteen when my face and back were getting pimples. The pim- ples would get very red, swollen and itchy, and it was very hard to sleep at night. The pimples would face was very bad. “I was troubled about two years before I used Cuticura Seap and Ointment, and i used four cakes of Soap and three boxes af Ointment when I was healed.” (Signed) Miss Mazie Johnson, 2014 4th St., Sacra- mento, Calif., June 16, 1919. w5~Cuticura Toilet Trioaa Consisting of Soap, Ointment and ae bie) and maintains s' purity, s! comfort and skin health often when allelse fails. The Soap to cleanse and purify, the Oint. ment to soothe and heal, the Talcum to powder and perfume. You can do no better than make these fragrant, super-creamy emollients your every- day toilet preparations. ‘Cuticura Soap shaves without mug. - Chinese. UPSTATE SCHEDULE SOON csc tn side old resi-| from! Landscape gardening is a fine art in Japan, and fs carried out in miniature to perfection. Within the limits of « single dish or flower-pot there can be seen I s ns, mountain stone lanterns, te and perfect. 3,000, being There a 000 lepers » in ,two thirs about them TYPEWRITERS Bought, soid, rented, repaired. Dealer CORONA—L. C. SMITH Casper Typewriter Exchange 101 Wyatt Bldg. Phone 856 Don’t Expect to be Cured of Fiery Skin Diseases By Old-Time, Out of Date Methods | of Treatment. | Usually those who continué to suffer from stubborn ailments are those who refuse absolutely to heed the teachings of medical science. New discoveries are being constantly made, and those who fail to take advantage of the won- derful accomplishments of men of science will continue under the handicap of disease. 4 ‘ Your eczema, tetter, boils, pim- ples, acne, scaly skin eruptions, t and burning fiery irritations that | cause so much discomfort by their terrifying itching, come from a tiny disease germ in your blood, which multiplies by the millions. | These germs find some weak spot } where they can break through the | skin and set up their attack, and | if you have ever had any form of these skin disorders, you know what real torture is. The reason these disorders ap- pear so stubborn and hard to get rid of, is because they are not given the proper sort of treatment. | In other words, the irritation and itching becomes so intense that the } patient thinks only of relieving | this discomfort, instead of direct- ing his efforts toward getting rid of the cause of it all, Hence the constant use of lotions, salves, soaps and ointments can make no Successors to 0. built. Any furnished on all jobs. 435 W. Second St. (Old) impression whatever on your trouble, other than to afford some temporary relief. But why be content with mere temporary relief? Are you not de- sirous of being permanently rid of this annoying trouble that is a source of such constant torture?, Wouldn't you give almost anything to be once more free from the itch ing and burning that makes your skin seem like it was on fire? Then throw aside at once such makeshift treatment that can only reach the surface, and begin tak- ing a remedy that goes direct to the source of your trouble. Go to your drug store, get a bottle of S.S.S. and begin a_ thorough course of this fine old blood medi- cine that kills the germs that creep into the blood and cause all of your skin discomfort. S.S.S. is a purely vegetable compound, made from roots and herbs of recognized medicinal value. It so thoroughly cleanses and purifies the blood tliat the germs of disease are eliminated, and~then real relief comes. - This fine old rerhedy is the sane and sensible treatment for your skin disease, as you will find by giving it a trial. If your case should need special advice, it can be had without cost to you, by, writing to Chief Medical Adviser, 14 Swift Laboratory, Atlanta, Ga. K. Radiator Shop Auto truck and tractor radiators repaired and re- make core properly installed. equipment and expert mechanics. 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