The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-08
NO FLAGMEN ON SUNDAY
RAILROADS THINK THE ORDINANCE
DOES NOT REQUIRE THEM.
City Attorney Kern Finds the Law
Very Plain on the Subject,
However.

Reference to the dangerous grade crossing
OF Massachusetts, avenue and the Big -Four
tracks and other railroads has developed a
marked difference of opinion between rail-
road officials and city officials as to what is
required in the way of f1agmen. J. @. Van
Wrinkle. general superintendent of the Big
Four lines, when his attention was called
to the absence one Sunday afternoon of the
f1agman at the MISUNDERSTANDING cross
ing, said:
The city ordinances do not require that
crossings shall be protected by f1agman on
SUNDAY, ana L think you Will md on in
vestlgation that there is not a crossing
Waterman on duty at any crossing in the
city on Sunday, either in indianapolis or any
Other city, IL being assumed that there are
IeWer trains and less number of people
using the crossing on Sunday than on other
Gays, ana that the protection is net so inn
poftant. In other words We are net violat-
ing an ordinance by not protecting Massa-
chusetts-avenue crossing on Sunday"
Mayor Taggart was asked yesterday for
his opinion in the matter. He gave an in
decisive reply, saying:
This has never come to my notice before
ana nave not looked it up. 1t seems to me,
however, mat the question should be de-
clded on the ground of whether there are
many people crossing railroad on Sunday
afternoon and the number of trains run
ming"
City Attorney John W. Kern, when asked
the same question, replied directly that he
mad written several ordinances providing for
nagmcn at railroad crossings and in none
of them was it said that no fagman need
be stationed at the crossing on Sunday aft
ernoon. Il think" said Mr.. Kern, that the
ordinance requiring fiagman at the Massa-
chusetts-avenue crossing and at all others
dces not provide that no f1agman need be on
duty there on Sunday. If any such or
dinance does make that provision it is
serious omission and should be remedied at
once. More people pass over some of the
railroad crossing on Sunday than on any
other day.
The statute books show that an ordinance
requiring fagman and safety gates at the
observation-disclosures crossing was passed
In 1857. 1t describes the crossing as that of
the Big Four and Wabash St. Louis &
Raclhc railroads. Later in the same year
the ordinance was amended to include also
the Indiana, Bloomington & Western Rail-
way: After providing that safety gates
snail be maintained at the crossing the or
"A reliable and competent man shall be
employed TO operate said gates when erect
ed, who shall be and remain at his post of
DUTY from O'Clock a. m. to o'clock p m.
of each and every day when trains are run
ming, except when relieved by some other
competent and reliable person"
ordinance is $40 fine and each day of viola
ton constitutes a separate offense.
Trains are running over the Big Four road
on Sunday and the company apparently vio-
lates the law when it does not keep a flag
man or man to operate the gates at the
crossing on Sunday.
Those of the city officials who were told
of this condition yesterday were surprised
that such a claim was made by railroad
officials At railroad crossings which must
be crossed by people going to church more
people sometimes pass over the tracks on
Sunday than on any week day and children
go to and from Sunday schools in crowds
The street cars are loaded down with peo-
pie going to and returning from the parks
In all! except wagon traffic, there is as much
danger of loss of life and injury at the
railroad crossing on Sundays as on other
days, apparently.
Mr.. Van Wrinkle took exception to recent
article in the Journal. which spoke of the
narrow escape of a trolley car at the Mas
sachusetts-avenue crossing. He insisted it
was too sensational. The story in the Jour
nal was given by well-known citizen who
was on the car.