Morning journal and courier., 1881-01-17
Monday Morning, Jan. 17, 1881.
MORE PALACE CAR LAW.


 Not long ago we called attention to decis-
 ions rendered by the Massachusetts Supreme
 Court, the New York Court of Appeals and the Supreme Court of the United States,
 which appeared to settle that railroad con-
 panies on whose lines drawing room and sleeping cars belonging to other companies are used are responsible for damages received
 by passengers in such ears, and that any contract which a railroad company may have made with Pullman or Wagner to cooperate in the service is private matter with which the passenger has no concern.
 Those who were pleased with these decis- ions will also be pleased by ruling of the Massachusetts Railroad Commissioners which has just been made public. number of passengers on the Fitchburg, railroad com plained that, having paid for seats in a Wag ner car through to Boston, they were obliged to leave the car at Fitchburg it having been ordered West, and ride in an ordinary car to their destination. The commissioners rule that the Fitchburg Railroad Company adver- tised sleeping cars running through to Bos- ton without extra charge, and although the counsel for the railroad company doubted whether the board had any jurisdiction to make examination and recommend dation in this case, because the acts complained of were not done by the company, but by for eign corporation not railroad company, the general supervision of railroads' in the State, and is bound to learn ssthe manner in which they are operated with reference to the security and accommodation of the pub ic." And when any change in the mode of operating seems expedient to promote their security, convenience or accommodation, it is the duty of the commissioners to inform the corporation thereof. 'sSuch jurisdiction J say the commissioners, sscannot be evaded by transferring the operation of the road, or any part thereof, to a foreign corporation. No corporation operating road has either the right or the power to part with the con tro1 of the rolling stock used thereon so that the public cannot be secured in it's just rights: Nor should any railroad company deprive itself of power to fulfill the promises made by it's advertisements. declare that the parties in charge of the Wagner cars have absolute control over those cars while forming part of train-control SO complete that the conductor of l a train is bound to obey any order which the conductor of Wagner car may choose to give to the disposition of that car. If this were SO, the board would feel bound to censure the contract, which abdica- ted the just and necessary powers of cor poration operating Massachusetts railroad, and gave up the authority necessary to pro tect the public. But no such contract ap- pears to have been made. The managers of ,he Fitchburg railroad have mistaken their obligations to the sleeping car company, and l ;he board is confident that, upon reflection, hey will agree with us on this point. The l contract which the companies were perform ng ought not to have been broken merely | because its performance would have made it | impossible to keep another contract. The l company has no right to commit 8 wrong in | order to save itself from loss, or to save oth- | ITS from loss, or to save others from incon- 7enience. If the case were that of one seat | 'ngaged and occupied in regularly adver- ised express train from point to point, no dllrOdQ man WQulO Gu1Qk OI 6uTuluR out the | jingle occupant and sending the car to an- 'ther point, because sixty men wished to go here and could not go without this car The vested rights of the one would not be set | side to accommodate the many. The prin iple of the two cases is the same, and it will 'e good railroad policy to abide by the prin- iple" And the board recommends that if | he conductor or other agent of the sleeping ar company shall in future attempt to de- 'rive passengers of the rights for which they ave contracted and paid, the Fitchburg rail oad company (and of course, other railroad ompanies a1so) shall exercise their undoubt- d power to insure to such travellers the per- ormance of the contract which both compa- ies have made with them.
 This ruling seems based on common sense nd good law. It detracts from the impor- ance of palace car conductor, but that can @ borne in consideration of the encourage lent it will give the travelling public.