Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-07-04
Cars ana car Heattng.

Cars and Car Heating.
The New York Mail and Express tersely
reviews the points at issue in the late case
tried in New York against the directors of
the Consolidated road. It quotes from Mr..
Depew, who sized up the situation in re-
gard to car heating in his usual able style.
Said Mr.. Depew: But New York-one Of
the four states--had made law against
the Baker heater. Thus we have this state
of affairs: Five hundred and seventy-five
miles of road in states that favor its
method of heating cars and twenty-five
miles in a state that has law against it.
All the president can do is to take his
counsers opinion as to what system he
ought to run. He takes this opinion, is
indicted, tried and acquitted.
Again, as Judge Van Brunt said in his
charge, this accident had nothing to do
with the charge under which we were in
dicted. The train on which the unfortu-
nate persons were killed was not carrying
passengers.
UNJUST TO HOME COMPANIES.
"Now, take the law itself. If the legis-
lature chooses it can makea law that per-
son must not walk down the right side of
Broadway. It made law of this kind
when it made it illegal for New York state
railroad companies to heat their cars with
heaters.
"But English companies could use any
kind of heating methods they chose, for
the Grand Trunk and Canadian Pacific
railroads run trains over the Suspension
bridge and through. St. Law renee county
e Al, IL - -.
These trains run over the very same tracks
with New York state roads that would be
guilty of misdemeanor if they were to use
heated cars.
cit is also worthy of notice that when
this case was tried the directors were liza
BILE to be convicted of breaking law that
was not then in existence. The law max
ing it misdemeanor to use car stoves in
this state was repealed by an act passed in
1890, and which went into effect on May /,
1891"
IT SETTLES THE MATTER FOR GOOD.
Mr.. James NJ. Townsend, jr., one of the
counsel for the acquitted directors, ex-
pressed himself to Mail and Expressman
| to day as being naturally very much pleas
ed at the result of the tl.al. He said:
"The verdict settles for good the whole
| matter, and it is source of the greatest
satisfaction to us all. The point at issue
was whether director of a col poration,
! simply by virtue of his Office, was liable in
| such cases. The t1ial and verdict have
| practically settled that he is not unless he
is especially charged by statute with iden-
teal duties not telling to him necessarily
| ex-oficio."
"We took the side of the question that
directors were not liable by virtue of thei1
Office, and the district attorney took the
other would not care to say anything
! looked at the law from another standpoint
This whole question as tiled did not i'm
| plicate the directors at all in the TUNE
accident.
"You observe that Judge Van Brun
made that very clear in his charge to the
jury. The t1ial hinged on the point
have mentioned and on that only. Judge
Van Brunt ordered an acquittal in the cas-
of all the directors except Mr.. Hunt an6
President Clark. Hr. Hunt was absent OF
account of sickness. Consequently w
moved that he also be included and tina
was done.
ssThe case of President Clark was diff
ferent. Judge Van Brunt felt that some
evidence had been presented touching OF
individual acts by Mr.. Clark which nigh
make him an abettor, and which, he be
lieved, the jury should pass upon. Mr.
Clark, being president, all inventors will
heating apparatus went to him and talke:
with him. Many of these gave their evi
dence, and it was this that the jury passet
upon"
POINT THAT WAS NOT MADE.
CHOW, we could have beaten on an ap
peal to the United States supreme court o.
another point if appeal had been neces
sary. Legislatures cannot interfere in tn
regulations of interstate commerce. B
the law of Massachusetts, the New York
New Haven and Hartford is obliged to us
the Baker apparatus and also to carry owe
it's lines Boston and Albany cars.s
= ''Now, it manifestly could not chang
the heating system in these cars on th
few miles of it's road in New York stat.
and manifestly it world be violation {
the interstate commerce laws for the legs
. lature to insist upon the change. We di
! not, however, wish the stigma of col
: viction to rest upon Mr.. Clark, and we al
very glad we did not have to appeal.
1.-THE verdict is especially glatify ing,
. view of certain things which cor1d not I
- brought out in the eI .dence. 1 know M
= | Clark to be the most conscientious of mel
= He did care if a change IN the heating sy
TENS cost 81 ,O00,O or a cent, he ws
bound to haye the safest AS matter {
fact, few days before the accident he ha
= approved of a new system end e1 equil
= ment had been ordered"