The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-12

way accl0ente Wltn0ut grave 1ault or mlsman-
agement some where. From the period of he
Norwalk accidentw we have no recollection of
any similar disaster that might not have been
prevented by proper caution. But we are
bound to say that, after careful perusal of
the evidence taken at the inquests at Pough-
keepsie, and Of the various accounts given by
the passengers, the Hudson River Railway
Company does not appear fairly chargeable
with any blame for the accident Of Wednes-
day. It is open to eensure for employing one
fagman go tar gone in his dotage that he can
not give ineligible evidence, and another who
cannot read the time table; but it does not ap-
pear that the dotage of the one or the igno
rance of the other had any share in causing
the accident. It may be said, also, that ten
minutes are too short a period of time to
elapse between the starting of two trains on
the same track from the same point it would
undoubtedly be we'll to let a quarter of an
hour or more intervene but the ten minutes
rule might be used for years with safety.
Blame falls upon Henry Camp, the conductor
of the Poughkeepsie train, who it is alleged, lett
Poughkeepsie before bis time, in defiance of the
rules of the company. There is a discrepancy be-
tween his evidence and that of the ticket agent
and passengers as to the precise moment of time
at which he started; he says eight minutes elaps-
ed between the two trains-they say from four
minutes too soon, and it appears very likely that
those two minutes might have been time enough
to enable the signal men to stop bis train.
But even this cannot be unqualifiedly asserted
Fancy train stopped in snow-storm by the re-
moval of a rail another train, running thirty
miles an hour over iced rails as smooth as glass,
coming after it, with only some five minutes be-
tween the two the signal men running through
the snow and ice to warn off the latter, but in
visible at hundred yards distance: the cou-
ductor and more wary of the passengers, fore
seeing the danger, giving the alarm, and leap
ing off the train--all this has look of lament
able fatality. Pity is better bestowed than
censure
1t is the first fatal accident that ever hap
the roads in the country, this is the one which
was expected to be the first on the murder list.
For many miles the road runs along the river
side, and any accident would precipitate the
passengers into the water. 1t was said before
the road was opened that we should have repe-
titions Of the Norwalk disaster every six
months No road in the country has sharper
or more frequent curves we we're warned that
collisions would be frequent, and that cars
would run off the track once month at least.
1t is all things considered, one of the fastest
roads in the country; superior in average
speed to any American road out of Canada.
Yet this is the first fatal accident that has
the first, an army of signal men have been en-
ployed by the company. 1t has cost heavy
sums to keep so many employed, and the line
has paid no dividends; but life has been safe
on the road. Add to this that it has generally
been managed well, by practical men-that
the rules have been framed as much for the
safety of the passengers as the profits of the
stockholders and it will be seen at once why
and wherein it differs from such lines as the
New York and New Haven, the Baltimore and
Ohio and the Camden and Amboy.
The POLICE INVESTIGATION CoMMTTTEE-AN
UNEXPECTED REsuLT.-In another column will
be found an important legal opinion of Mr..
Dillon, Counsel to the Corporation, on ques-
tion submitted to him, /" As to the liability of
the Corporation for the payment of the bills Of
under resolution of the Police Investigation
Committee to act as counsel before them"
The bills Of these gentlemen, amounting re-
spectively to $6Sl and SG25 for services rem
dered in the course of the investigation, have
been sent in, and If Mr.. billions view be cor
rect, they will have to look for payment to the
Individual members of the committee. Mr..
Dillon states that the amended charter of 1S49
created an executive department called the
Law Department, and prescribed that it should
have the charge of and conduct Of all the law
business Of the Corporation and of the depart
ments thereof The Counsel to the Corpora
tion being the chief officer Of the department,
and attendance upon committees charged with
legal investigations being portion of his du-
ties prescribed by the charter, it is incompe-
tent according to him, for the Common Coun-
Gil to relieve him from or delegate any portion
of those duties to others without his consent,
or to throw upon the public treasury the pay
ment of counsel acting Independently of him,
and not appointed by the people This view is
confirmed by recent decision in the Court of
Common Pleas, in which it was held that an
architect who had been employed by com.
mittee of the Board Of Aldermen to prepare
plans for new Washington Market, although
his designs had been used and adopted by
both Boards, could not recover from the Cor
poration for the value Of his services, because
his retainer was violation Of the ninth sec-
ton of the amended charter, which prescribes
that neither the Common Council nor any
member thereof shall perform any executive
business whatever.
Two GOVERNORS IN NEBRAsKA--A NOBEL