Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-08-22

and solictude for the safety of the road on
the part of the employees of the company, and
on ours as well, that would, this catastrophe
not happening, be commended as wise, care
full and vigilant.
The bridges upon the Maine Central were
originally built in reference to much lighter
rolling stock than is now in use upon it, and
are notso large and permanent structures as
would now be erected for the present service
upon the road. The Commissioners, aware
of this fact, but by no means apprehensive of
any immediate danger to authorize Statute
notice of "unsafety," have heretofore ut diff
| ferent times recommended the strengthening
of the bridges by arches. But in justice to the
present Assistant Superintendent, Mr.. Lin
coin, who now has charge of the running of
the trains, it may be proper to say, that in the
division of labor under the present manage
ment, the duty of having the road in repair
was not upon him, but devolved upon Mr..
Noyes, to whom the me-table was submitted
and by him approved, and, as we are advised,
without intimation that the trains should be
| slowed over this bridge.
1t may not he out of place to say in refer
encc to the Commissioners, that it is only
one of the many duties imposed upon them
by Statute, to examine the "track, culverts
and bridges of the roads, and that in respect
to these they must find them $50 out of repair
as to be unsafe for travellers" before any
right of legal interference attaches on their
part.-They have no power over them to re-
pair or amend-to stop train or order it
stopped, or to ask for an injunction against
its running, except in the single case where
the prerequisite of 'unsafety" exists, and
then it is only after notice to the managers of
the road of its condition of "unsafety" and
the lapse of a reasonable time for the repairs
to have been made, that they can enforce
their notice of 'unsafety' and needed repairs,
by application to the court for an injunc-
ton This is the Statute notice, the only no.
tice that has legal force, and to be given in
case of immediate, present unsafety. The no.
tees that one member of the Board is in the
habit of giving, advising repairs is only pre-
cautionary. The Statute notice that a road is
so out of repair as to be unsafe to pass over,
requires the examination aud cooperation of
the whole Board. - These precautionary
notices given by Messrs. Wides and Corser,
are not at all part OF the duty imposed
upon them by Statute, but deemed highly
proper as tending to guard against that con-
dition of present danger. When a Statute
notice of ''unsafcty" would become the duty
of the Commissioners. Hence the officers of
road can in no case excuse a neglect of re-
pairs or the erection of such new and stronger
structures as heavier and faster trains may re-
quire. for the reason that they have not re-
ceived a notice of warning from one of the
Commissioners to that effect 1t is their
business, not the Commissioners to see to it
that the road is always in condition to rer-
form safely the service they, themselves, re-
quire of it.
This Hampden road bridge was never re-
garded as ''unsafe" and no Statute notice
therefor, was ever given-but Mr.. Corser
last season., and Col. Wildes this season,
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