The Wilmingtonian. (Wilmington, Del.) 1882-188?, 1884-07-19
WANTED A REMEDY.

come of the COroner's inquest on the body
of the second victim, within a month, at the
West Street Crossing The jury, who refused
| to give a verdict till the return of Attorney
General Gray from Chicago, might as well
have spared themselves the trouble, seeing
that the Attoiney-General practically tells
us that there is no remedy against the
| Railroad Company and that all can be done
| is to brihg the matter unde. the notice of the
Mayor.
! Now had it happened that the unfortunate
Captain Osborne had been found in dying
state on the rails and inquiry had shown
that his death arose from the violerce OF
criminal neglect of an iadiuidual citizen, the
Coroner would have merely adopted the
routine course in holding the individual for
manslaughter. But when thu offender is a
railroad company, OF servant ola railroad
company, then forsooth there is no remedy,
on the authority of the Attorney General of
the State! If this be the case, the sooner
the law is amended the better.
Everything goes to prove that the Penn
sylvania Railroad is completely independent
of any action or feeling on the part of the
citizens of this community. The officials
violate the ordinances with perfect indiffer-
ence. They have two of their employees in
City Council to look after their interest
there, and the Attorney General of the State
is also an Attorney for the Company. Is it
a wonder that the Pennsylvania Railroad is
conducted as 1t is, within the limits of our
city, when the citizens are gagged, muzzled
and bound whichever way they turn?
City Council passed a resolution many
months ago, which required among other
things that the railroad crossing at Fourth
and ChuIch streets should be put in proper
| order Nothing hatever has been done,
and the crossing in question is one of the
most dangerous in the city. Another oldi-
nance of City Council prohibits the running
of trains at a speed exceeding six miles an
hour within the City Limits In the face of
this the Company times its trains from the
West Yard to the Depot in such manner
that they are compelled to run at an average
rate OF twenty miles an hour, though two
thirds of the distance lies through the limits
covered by the ordinance. If there were
any evidencJ required of the callous dsre-
gard Of the officials for the sacrifice of life
and the Indignation of the citizens in the
case of Alexander Hill, it would be found in
the fact that not the slightest alteration was
made in the schedule time of the fast trains
between the West Yard and the Depot
We do not see how it would improve mat
ters if the uuder-officiais of the Company
were arrested whenever they were found to
be driving trains at prohibited rate of
speed. 1t is not the poor engineer or CON
ductor who is to blame. He must follow
his orders, and keep schedule time or lose his
situation. A man cannot justly be held
responsible for executing the unlawful
orders of his lawful employer. In other
words if the servants of the Pennsylvania
Railroad are violating the law, under the
instructions of their superiors, it is the
superiors, and not the underlngs who should
be held responsible. If contractor, by
violating the terms of his contract, puts the
lives of the citizens in danger, the law does
not hold some unfortunate sub-laborer or
pick-and-shoyel man liable. 1t fixes the
responsibilities on the contractor. Why
should not a railroad company-ay even the
powerful Pennsylyania-be subject to the
same conditions? Would the Attorney Cen
eral wish us to believe that railroad COM
pany is above the law?
The remedy he suggests is one which it is
practically impossible to put in operation.
Who is to lay the information? Who is to
act on it?
Will the Attorney General say that the
Railroad Company is not liable to prosecu-
tion for neglecting to repair the safety gate
on the south-side of West street, damaged
by its own servants two months ago? Will
he say that the Company is not liable for
violating the city ordinance by withdrawing
the watchman from duty two hours earlier
than the time fixed by that ordinanceP
Is it OF is it not fact that petition has
been forwarded to the Company calling on
them to provide safety gates at the Edge
moor crossing, and that no notice has been
taken of that petition? This, in the face oil
fact that several trains are so timed that they
pass each other at the crossing, giving rise
to precisely the conditions under which
Captain Osborne and Alexander Hill LOST
their lives.
Lest it should be said that these cases are
mere accidental occurrences or unfortunate
condolences, we give below summary oi
the casualties on the Pennsylvania Railroad
in the Wilmington District for the past
year Facts are stubborn things; in thi,
case they speak for themselves.
1883
Thursday, July 2G.-John NJ. Bennett
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