Joseph McKenna

“ The court, in passing upon the application of the statute of limitations, said that plaintiff conceded that if the action was to be governed by the state statute it was prescribed, but he contended that it was an action for a penalty, and governed by the prescription of five years, established by § 1047 of the Revised Statutes of the United States (U.S.C.omp. Stat. 1901, p. 727) . The court was of opinion that the action was for 'remedial damages, and not for a penalty,' and maintained the plea of prescription, citing Campbell v. ”

“ Anyone having knowledge of the wrongs conspired to be done, and who, having power to prevent or aid in preventing the commission of the same, neglects or refuses to do so, shall be liable to the party injured or his legal representatives in an action on the case. Any number of defendants may be joined in the action. ”

“ If the death of any party be caused by such act or neglect, the legal representatives of the deceased shall have an action therefor and may recover not exceeding $5,000 for the benefit of the widow of the deceased, if there be one, and, if there be no widow, then for the benefit of the next of kin. ”