Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-01-10

sixty-eight.
Since Rev. ingalls, has gone to Emporia
peWs IN the Congregational church have
rented for bigger money than was ever
known before.
Dangers from Cattle on Track OF Fenced
Railroads,
Extract from Railroad Commissioner Report.
We deem it our duty to cali attention
TO subject which, owing 10 resulting
mlschlefs, needs the application of some
adequate remedy. Section so, of chapter
81, Compiled Laws of Kansas, 1879, pro-
Vldes that every railway company or
corporation IN this State, and every as
signee or lessee Of such company or cor
pOrauon, shall be liable 70 pay the own
er the full value of each and every ami
nal killed, and ali damages to each and
every animal wounded by the engine or
cars on such railway, or in any other
manner whatever IN operating such
railway, irrespective Of the fact as to
whether such killing or WOunding was
caused by the negligence of such rail-
way company or corporation, or the as
signee or lessee thereof, OrnOt" Section
"a OF the same act provides that such
rule OF liability shall not apply to any
railway company or corporation, or the
assignee or lessee thereof, whose road is
inclOsed with a good and lawful fence,
10 prevent such animals from being on
such road.
Several railroad companies In this
State have built and maintain fences
upon each side of their
lines to prevent the intru-
sion of cattle upon their
roads. At frequent places the rOadB run
through the middle of a farm, in which
cases 1t becomes necessary for the COM
pany to leave gates, and to make proper
wagon crossings to give the owners of
lands through which the railroad runs
access to different parts Of their lands.
Unless these gates are kept closed at all
times, except when open for passage, the
fences are Of no practical utility either to
the railroad company, or to the owners
of stock adjacent to the road. Our atten-
ton has been called to gross careless
ness in connection with the use of these
gates, and our personal observation has
confirmed the truth of the complaints
that have reached US. 1t has become
quite common upon some Of the fenced
roads to leave these gates open, and the
stock feeding IN adjoining pastures stray
through them upon the companies
roads, and sometimes get killed by
passing trains, imperiling both life
9
destruction of both. Cattle upon q
fenced road increase the danger to pass
ing trains, because, being penned up in
a narrow lane, there is less opportunity
for them to escape, and they become
frightened, confused, and it becomes IN
creasingly difficult to clear the track of
them. The chief danger from this
source Is at night, when cattle lie down
upon the track and are not discovered
- ~ j II.
the speed Of the train before it is upon
them.
We will cite here a recent accident re-
ported to this Office by the Union Pacific
Railway Company arising from the source
of danger here stated. The accident in
question occurred upon the night Of the
2lst of August last, near Armstrong. a gate
opening from a field onto the cOmpany's
was left open near to the
place of the accident. An animal had
stTayed upon the track, and got upon a
short bridge or trestle. 1t had lost its
footing upon the timbers, and was rest
ing upon the timbers Of the bridge. In
that plight an eastbOund freight came
along in the darkness of the night, and
approached too near to bestOpped before
it reached the bridge. A wreck ensued
which resulted IN damage to rolling stock I
and freight to the amount of 50, 1876. The
WestbOund passenger train was due there
in about fifteen minutes from the time of
the accident, and If its time at the bridge
had preceded that of the freight train
the accident might have occurred to 1t, |
and involved serious consequences to life |
and limb. AS it was, the only incon- |
Yenience suffered by the passengers by /
reason of the accident was twelve hours
detention until the wreck could be !
cleared away and the road repaired.
When we contemplate the many grave !
consequences likely to occur at any time |
from this species Of carelessness, both /
to the railroad companies and to the /
travelling public, it cannot be otherwise /
regarded than in the highest degree |
Teprehensible. We think some meas ]
ures should be adopted which would |
have a tendency to cure the evil. These /
gateWays are left in the fences, and gates
put in at the request and for the con- |
venienCe Of the owners Of the lands. |
If parties living along a railroad do not
feel a sufficient interest in protecting !
their own property from destruction or
injury to keep such gates closed in fields |
where stock is feeding, they should be
brought to a realization Of the fact that
these very reasonable and necessary pre- |
cautions are due to the company that
operates, and the public whose business
requires them to use the railroad.
We therefore recommend that suita-
bic penalties be provided by statute
against all persons who leave a gate of
the kind open whose duty it is to shut it. /
CASH FAREs.
The Board having decided that the
payment of an increased fare by passen- J
gers who did not purchase tickets at the
various Offices was illegal, the companies
stopped the practice. On this matter
the report, in speaking of the system of
drawback checks, and the temptations
of conductors, continues:
'It is needless to point out that the
handling Of large amounts Of money con-
tinually By a great number of men in the
sarviea of he same cornoratinn- many of