Evening star., 1898-08-08

The Commissioners request for suggest
ions concerning regulations to prevent such
disasters as that which recently occurred
on the Capital Railway from overcrowding
and inadequate brake equipment has eli
cited from the railway officials richness
of interesting and important information
President Weaver Of the Metropolitan in
structs the Commissioners that they can
not put in force a police regulation on
these subjects, because Congress, which
has full power of legislation in District at
fairs, has not passed law on the lines of
the proposed regulation. If Congress had
passed such a law the Commissioners
would of course be barred, so that they
find themselves according to Mr.. Weaver,
in the disagreeable predicament of being
impOtent to act, whether Congress has or
has not acted.
And now comes President Crosby of vari-
Gus local companies, who the Com
missioners against regulations designed to
protect life in street railway travel on
the ground that they Ghe Commissioners)
thus in a measure assume the respon-
sibility for the safe conduct of passengers
and in that measure will the parties con-
trolling these conveyances be relieved from
responsibility" Mr.. Crosby adds:
ne result would be disastrous to the
interests of such persons as must from
time to time suffer bodily harm while on
public cOnveyances. The public funds, We
Wen know, are never to be diverted 10 the
payment of damages in such cases. On
the other hand corporation which may
be able to show complete following of ex-
tensive system of regulations will be able
oftenumes TO escape responsibility which
otherwise would be fixed upon them by the
common law rules governing the respon-
sibility Of public carriers"
This reasoning is as clear as crystal if
the premises are sound. statute for the
better protection of life in street car vravel
-Till smash the carriers common law re-
sponsibility. This burden of responsl biliry
is transferred to the legislative body. which
notoriously pays no damages. The damaged
passenger can therefore collect from no.
body, and the way to bring disaster upon
him is to pass law to protect him.
President Crosby evidently does not wish
that his roads shall be thus relieved by
the Commissioners of their common law
liability to pay damages to injured passen-
gers. If, however, the courts should hold
that this common law responsibility was
destroyed by statute only to the extent
to which a broader and heavier burden of
responsibility under the written law was
substituted in its place, Congress, the
Commissioners, the damaged passengers
and Mr.. Crosby himself WOULD be relieved
of the suggested embarrassments. And
since this construction of the law would
cradle legislative bodies to go ahead in
their business of legislating to meet mod
ern conditions without bringing disaster
upon the dear people, thereby bereaved of
common law protection, it may De reason
ably anticipated that the courts will so de-
eide
In view Of this possibility the Commits
sioners might well favor President Crosby
with a friendly cOunter-warning, if law
or police regulation is passed, not to dimin-
ish mis- precautions against the suffering
OF bodily harm by persons on his cars in
the belief that his responsibility in dam
ages TO such persons is in any respect less
than 1t vas under the common law.