The Portland daily press., 1867-09-10
sesysnsisiiit, sf tsaesnsi,,s EasiAsss.

hOSNOu III yOuT COluuluS n lew weeks Sl1C6 /
he report of an accident which happened at
II near New Gloucester, on the Grand Trunk
Sailroad, where a woman was killed by
ram. The engineer was arrested for homi-
Tide, and put under bonds of two thousand
iollars for his appearance at court, and Two oi
the officers OF the road where he was employed
became his surities. Since that time the engi-
neer has had his trial, and been exohorated
from all blame. S
Now wish to ask, was there any Just OF
cause for his arrest, and for sending
forth his name to all parts of this section OF
the country, at any rate, as murderer, stamp
ing him with disgrace, with some, at least, that
will last him through life? 1t was caused en-
tirely by the Indifference of the railroad com
pany or by the haste of the coroner, to hold
the inquest, or, perhaps, both. All, or the
principal part, of the testimony before the
jury, upon which that man was arrested for
murder, was the testimony of those two women
who were riding with the woman before she
jumped out of the wagon and was killed.
These two women remained in the wagoo, ana
saw the sister of one of them rolling about |
under the train as it passed over her. Now |
unless these women had stronger nerves than |
some men, their testimony could not be very
reliable. At any rate, all that was necessary
to have prevented the engineer from being ar
rested. was for the company TO have been re-
presented at the inquest. Whether this was
prevented by the haste ofthe coroner or not is
not known; but if the company had been re-
presented, all that disgrace and trouble would
have been avoided.
The Legislature has thought proper to legis-
late with regard to railroad accidents as far as
engineers are concerned, but no further. Let
| mechanic of any description make a mistake
by gross carelessness even, and if by so doin a
person is injured, or killed even, will they ar
rest that man for murder? Most certainly not.
But let the engineer, who has generally been
considered almost a part of the machinery,
| make small mistake, or be little careless,
or vary in his opinion from some others, and if
an accident should happen from such cause
and person be killed, how quick he would be
twitched up for murder, and perhaps tried for
his life, or something that is next to it, his Ii
berty! Now L ask again, why is there such a
difference between these two men? The pay
of the two is the same, SO there is material
difference; but while the engineer is exposed
to bad weather and danger, and oppressed by
the responsibility Of his stuation the mechan-
ic is free from all care. In the night when the
mechanic is at home in safety, taking his rest,
the engineer is at his post on the locomotive,
flying through the darkness of the night, over
hills and bridges, through dense " oods and 10 :
vines, liable at any moment to be hurled to de-
struction. - s....,...-,.
Now it does not look like justice to the en-
gineer, after having toiled at that most danger
Gus business for ten or fifteen years or perhaps
more,and by his attention to his business, COM
bined with little good luck having escaped
even reprimand from the Superintendent, in
case an accident should happen and he be
proved to be a little careless, (for carelessness
at times is unavoidable) to see the engineer
stripped of every dollar. or imprisoned for a
year, disgrace and discharge. 1t looks to me
like any thing else Injustice. Such is law
| but law is not always Justice. There are pecu-
liar circumstances in which the engineer is
placed at times, when it becomes impossible to
be what the public would term carful in every
particular.
AS the Legislature has passed laws to fine or
imprison an engineer for certain things which,
are liable to happen to him from the nature Of
his business, would it be anything but Justice
Tor the Legislature to pass such laws as will
compel all railroad companies to pay the en-
gineer such compensation as will correspond
with the danger, liabilities and responsibility
of his situation, and will enable him, after fif-
teen or twenty years of hard service, with a
proper regard for economy on his part, to have
the thousand dollars to pay the State instead
OF a ye ar's imprisonment, it any accident OF
that kind should happen to lnm? Certainly
the Legislature think the situation very re-
sponsible one, or they would not legislate in
regard to it. ''i r '-s " i'i5
The laws of the State say that engineers
may be fined, not to exceed one thousand dol
lars, or imprisoned, not to exceed one wear
gmnenevef an accldent happens ana any person
is injured or killed, it being proved that it was
caused by the careessness OF neglect of the
engineer. AS the learned Judge remarked in
his decision in the case referred to, "if both
signals are properly given, the whistle
and the bell, still running at an unu-
sual ra5e of speed, or reckless running over
any crossing, constitutes carelessness on the
part OF the engineer" Now who is to Judge
OF the speed? Why the jury who try the
case, to be sure-twelve men picked up about
the country, one half of whom perhaps have
never seen a railroad, and the other half never
| rode a hundred miles one, nor could they
tell If they were standing near the track, or
even riding on the train, whether the train was
running twenty-five OF forty miles an hour.
Yet such men are to be the judgesi If train
Is late the engineer is urged to gain the lost
time; IT he does not run as fast as possible to do
| so, the company is ON his back; if he does, and
any accident happens and any one is injured
then the sheriff is after him to have him tried
| for manslaughter, or something else. Now
what can the engineer do to avoid being blam-
ed Dy the company or arrested by the sheriff
The Legislature can remedy it in part. Let
them pass law that when accident hap
pens and any one is killed or injured, and it
can be proved to have been caused BY the care
lessness of one of the company's employees,
a fine of from one to ten thousand dollars, as
the case may be, shall be imposed upon the
company, and you would see less accidents
than nov. The company then would place
none but those they knew were trusty and
competent on their engines, and they would
give them facilities to do their work in a safer
manner than can be done at present, and the
increase of pay would induce good and relia-
BILE men to obtain and retain such situations.
There is one reason perhaps why the Legs-
lators would not be in favor of such q law
AS general thing they are stockholders in
railroads, but are not stockholders in engineers
and other operatives; and whether you hang
or shoot them it matters not to the Legis-
lators, SO long as they go safe over the road
and get their dividends.
atr cInfi., on xxy.l I, al. A. L
gree, but accidents will happen, and men get
killed and injured, and operatives will be more
or less careless as long rs railroads are-in op-
Grafton. BROTHERHOOD.
New Ea2Iand Agricultural Fair
PROVIDENCE, Sept. 6, 1867.
To the Editor of the Press