, 1874-02-14
Opinions Of Railroad Solicitors
Concerning It's Pro-
visions.
One Of Them Calls It q Piece Of
Malignant Stupidity.
Their Objection to Provisions 8hont
F@11cing, Ejccting Passca-
gers, Etc.
The Bill Is Unfair on the Roads IN
Imposing Penalties.
And Is Intended for the Benefit o}
Vagrant Inlormers.

And Is Intended for the Benefit Of
! Vagrant Inlormers.
a I11DuSE reporter yesterday chilled mn,
Thomas +. Withrow, Solicitor Of the Chicseo
| Rock Island j. Pacific Railroad, and one Of I'm
most experienced railroad attorneys in the Conn.,
| try, to elicit his opinion In regard to The nav
| Kairosd Police bill ''for an act to provide fc,
| fencing railroads, and to secure the safety Of
persons aud property, their prompt transports
ton, the proper naklnS-up Of trains, and the
management and running Of locomotive engines
and cars" This bill has passed both Houses Of
tho Legislature and is now awaiting tho 1ixna.
! ture Of the Governor.
IT Is DENOUNCED
on all sides, aud especially by rnil1oad men. a
I unjfst and oppressive in most OF it's features.
| aud II it should become q law would thew claim
] give many malicious aud impecunious persons
t chance to make Focket-monoy out OF the railroad
! companies, reward being offered to informers.
Iii. Withrow, before giving Lis opinion, cs.e.
fully read tue bill, aud ncrutiuized every section
He said that law substantially like Sec. !. in
regard to
! FKNCESG RAILROADs
had existed in Iowa for several years and Hbls
railroad men generally dialiked its provisions.
it seemed to give satisfaction to the people. The
| worst feature about this section Was that it CO.
couraged Gtigation and held out Inducements to
t reject reasonable compromises.
! ao1Sa WITHIN THE FENCES.
| In regard to Sec. e. providing for fining peopla
who shall drive OF lead horses or animals On rs-
! road tracks within such fences, or tear down or
! mutilate such fence or bar. M1. Withrow thought
the penalty, which is not less than $40 nor nore
than 500 for each offense. not proportionate.
| and the fine, instead Of going to the railroad
company which suffered the damage, goes to
the school fund.- while the penalties imposed
! upon the railroad companies SO to the informe1
NECESSARY ROLLING STOCK.
The provision in the bill recurring railroad
companies to always have On hand the necessary
rolling stock totransport all the property offered
WAS in the opinion Of Mr. Withrow unreasonable
and oppressive. It was proper to require conl-
pany to have sufficient amount OF rolling stock,
but there might be an unusual rush OF business
more than could be reasonably anticipated. Tho
penalty Of treble the damages sustained was
simply outrageous. II the treble damages weto
made penalty for refusing to pay tie actusl
damages sustained by reason Of d failure to de-
liver property received fo1 transportation at ita
destination within reasonable time, and tha
company could only defend ag2inst Huch pay-
ment by showing it was presented from
making such delivery by the act Of God or tho
public enemy. This rule by the common Ian
had always been regarded ~ q harsh one by thu
courts.
EIEcrISG PASSENGERS.
In regard to Sec. 81, which provides thasa
conductor shall not remove q passenger from
train for using abusive, vulgar, threatening, and
obscene language, or making himself obnoxicus
to other passengers, except at regular stations,
and then without using force or violence, LIT.
WithroW said that it WAS re-enacsuent OF tha
existing law Of theStat prohibiting ths removal
Of passenger from train elsewhere than st
regular stations Railroad companies should
not be permitted to Use their power to 70
move passengers from their trains harshly,
and this was secured in some St.,es
by = law requiring that such persons
should be removed near some dwelling. undar
this act: however, rough might enter the ladlea
not demanded before tho train left the station.
he might not only refuse to pay his fare to tha
next station,-which might be his destlnation,-
but he could indulge in abusive. Threatening,
vulgar, and obscene language, to the annoJanes
OF every passenger in the car, and the Company
aud its officers are made helpless for the p1otsc
ton OF the Company or passengers until the sts~
tion is reached Such statute Was not only 81
outrage upon railroad company, but upon the
travelling public aud common decency. Thia Sec
tion was unusual, also. in it's provisions of tha
remedy for the parties ngainst whom unnecessary
force may be used, for, however vulgar or pro-
fame the rough may have been, ii 3 conductoz
uses unreasonable force, or permits it to b
used, even ut regular station, he mag recover
his damages against the conductor and also from
the Company, thus being allowed donbla
uanages 1or the injury sastalneo; II tae sAae
1euo" ware hicAeo out OF d11nk;ue-sstoon tot
precIseiy SIMILAR conduct, ne con4d recover na'
slng!e oa1nages: 80 II appeared that, 1a7
OPINION OF the General Assembly, the use ol IN.
necessary 1orce IN e)ectne 3 fo"ay 1tum
lao!es-car on passenger-traln "as muca mos
SERIOUS ouehse shan TO use NE same lotce "
eject MN from Groegery ZOE the same 1esSoo
AUTOMATIC COUPLINGS.
requiring tue use OF automatic I:o eonpuns'
Mas' n the oplnlon OF NJ: "ltheis, 1mpEacnes pes.
nlo. He sad 1h9 antomatlc coupling Oh os 1Ie.sas
cars WAS 1ePa1ueo y pfac&lca1 1auroaa meu ~ =
unreasonable. since tnefe vas no uualos" Ta 1nae
tot tua consLiuCaon VI 11e5nt cA9- -.
iitelgnt CARS or 1ne ne" 1oIA Ienua. ..aI
nave one he1ght' those OF she Lake onofs 80
n:cnlgan southern another, anu those OF .aas ns
ROCK Island still another. NOV, al toe1t
roads used the Same automatic conpunS
*ou1d no worthless IN tram composed u ~ ~
cars OIL these various lines, On account o1 WV
o'1te1ence Elm height. Ihe set reqa1fea q e'It =
paaies operating their roads 10 tnla otste @ ~
provide their cars with automatic eouF
1ngs. II this requirement vas con,
ptled %1th' no mixed Hefent 1au, Ia.
coula 90 made up, unless inc lo r.
~ other States could be compelled 70 ase ~, .n'
same coupling; ha1iroad machln1s1s 1 sa.u W, ~,
Tmle q number OF antomasio coupIusS1 ..ot
1reight-cars had been invented. there NJ ts*
Jet been sufficient experiments to ascerssan- -:
n