Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-12-07
HIGH EXPLOSIVES.
THEIR TRANSPORTATION NOT IN
CUMBENT ON OUR RAILROADS.
The Question Discussed at Length by
the state Railroad Commissioners
Grounds Upon which they base
their Decision.

panv last August to know if il was within
the perview of their duty or authority to re-
quire the Central Vermont railroad to trans
port high explosives saying that Genera
Manager Hobart had declined to receive
them unless ordered to do so by the commits
sioners The commissioners replied that 1t
was in the line of their duty to consider the
matter and asked to have the Central Yer
mont's reply forwarded to them II 1t was
not improper.
The reply was sent accordingly. 1t was a
courteous letter from MI Hobart, saying |
that they considered high explosives dan
gcrous to transport and that they could not !
take them without guaranty or an order
| from the commissioners.
Mr. Appolonio addressed long letter to |
the board. September /, in which he stated
that his company had received orders for |
large quantities of dynamite from persons
and corportionS in Vermont, whose works |
were accessible 10y rail only over the Central |
| Vermont road and that during the winter |
they would be completely shut ont from this |
trade unless the railroad would carry tn"
goods that il is common for these eNpo-
sives 20 be sent By some persons under false
Representations, and even in the baggage
cars of passenger trains; that the refusal OF
the company makes the goods expensive to
! lilt consumer, llldl lli' hiL-'l il''H III
and accident is very slight under rcgula-
lions imposed by such roads as the
! Pennsylvania Baltimore and Ohio, Ihila
dclphia and Reading, Central Of New Jersey,
Erie Atchson. Topeka and Saute Fe Union
Pacific Northern Pacific and other first class
ronds; that accidents from handling this
class Of goods for the last ~ years have not
hccn numerous; that the danger is less than
in carving black powder. which he under
stood the Central Vermont freely carries,
and that under suitable regulations setting
apart certain days in the month when the
laul may be made the public safety would
be better conserved than noW.
The board transmitted thi, to the Central
Vermont and on the 18th of November Vice
President r. G. Smith replied at length
quoting section 1926 OF the Revised Laws
as follows:
"lhat a railroad corporation may establish
for their sole bepCtit toll upon all passengers
and property carried on their railroad at such
may regulate such conveyance and tranSpor-
| tatiOn, the weight of'lOads and other things IN
relation to the use OF the road as the directors
Gctcrmine.
And saying that in pursuance of this
statute the official freight classification OF
the company, made March 70, 1883. con
tanned this provision:
or dangerous articles would not DE received for
transportation or allowed on the cars of the
company for shipment. If shipment + secured
by fraud or conocalment shippers will be held
responsible for any damage arising tierefrom
in addition to the penalty the law provides
therefor
Mr.. Smith also quoted similar restrictions
? from the tariffs of the Boston and Lowell,
Fitchburg Connecticut River Boston and
Albany. New York and New England, and
2 the Canada Pacific. and stated that in the
estimation of all these companies the carry
; ing of high explosives by rail is dangerous to
g life and property and that by common law
t the company is not only excused from tax
. ing the consignment but is liable for injuries
e resulting from the transportation. He
, added that the petitioner had failed to show
= what jurisdiction the board has over the
subject or what relief can be given that will
protect the parties and the public, He cited
legal decisions in support of his position.
= A hearing appointed and was held
November 10. The railroad company was
II represented by officers and counsel, and the
i complainant sent brief.
- Having stated the facts the commission
ID ers in their decision sustaining the railroad
company say
t 1t appears that the explosives principally in
i use for blasting purposes at the granite quar-
f rlc' of Barre are species OF powder which are
| hauled by teams from kutland or from l6uf-
ington, and that to transport these explosives,
{ and especial ly dynamite, as freight IN trains
e with OF her treights would seem reckless. If
. carried at all, il should be in "A special train
. accompanied by trainmen acquainted with its
e dangerous character and expert III its hand
e ing ana care.
y. Under such conditions it might be considered
, practicable in State or country where such n
/ commodity neCesstated a large traffic and was
IL of extensive commercial interest to great
Il mining and quarrying industries for special
, trains to be provided AT certain times and run
=, by experts in the handling of such explosives
ii ana under careful rules and special rates
l. where it became practical necessity in order
-. to meet the operations of the business.
But the board has in view that the require
ie mcnts OF the article of dynamite in the quar-
Il rites and mining regions OF this state are limit
!. ed, and that the haul by highway iransporta
= ton from the lake to the principal places OF
@ use in the state is not 40 long nor 90 expensive
II as to apprcciably impair the prosperity Of The
e. quarrying and mining business OF the State
-. The board also notes the general policy o.
II the trunk lines of the New England railway;
t with respect to this class Of freight traffic
whereby transportation is refused III the in
tercst Of the public and corporate protection
and safety.
Also. the hoard is unable to find that IT.
transportation is encouraged or permitted b!
D. the statutes of any state but that II l. express
It ~ prohibited by some and carefully guarded
almost to the limit Of suppression ny others.
VI In MaNsac husetts the regulation OF the trans
lit portatiun of these explosives is in the hands
as the railroad commissioners, but railroad com
.n pancs may decline To transport them undo
~ any circumstances In New Hampshire thei
" transpurtat ion is wholly forbidden by law. II
~ the other New England States the statutes ar
IN silent and the companies assume the RESPONSE
~ bility and risk, Ur decline IL as they choose
III The extremely dangerous character Of thl
ms high explosive, and its terrific destructivcnes
:. to life and property in the vicinity OF its eX
- pluSiun il matter of common knowledg
~ about which no court needs expert testimony
Ut The common law relating to the receipt AM
il, carriage of dangerous property by common
-, carriers has ever been well defined; No rAilroa
III company is under obligation to take or trans
ell port goods OF such dangcrOu. ur Comhustibl
Iv | charHt ter d- VIII cndNngcr the SAFETY of en-
- plOycs. lis property or the safety OF III patron
or their property, without the cNpreSs dlrectlo
ct OF statute law. These companies and all CON
Isl mon carriers are not only excused from II
| CcVnc and carry ing such commodities, but
they consent To receive them, they are ho!de
re Tor all the CouSc IlicnCc5 TINT may happen b
nd way Of injuries resulting thcrelrom to such e
- their employees and customers ar are NJ
" co5liinaht OF the character OF such trciGhtaE'
TX II the board could find warrant IN the stat
TO uteS of this state Tor making a recommends
~ tion tur change IN ltule 40. Il OF the dctent
80 ant company, above quoted, IN any case,
~, would not icel justified in doing 1t under Oh
all circuu-t tnCc5 and limited eNigcnrles OF tn
-n case.
nh, The moderate advantages which would il