The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-06

employes on such cars are hereby cloth.
| ed with power to eject from the train
or car. any passenger who refuses tc
| remain in such car or compartment as
NAV be assigned to him: and for such
refusal TO carry any election from the
train neither the conductor, nor the en-
Moves. nor the railroad company shall
be liable for damages in any court.
Mr.. Overman's bill to promote the
safety Of employees and travellers upon
railroads, is as follows:
Section ]. That from and after the
first day of January, 1900. it shall be
unlawful for any common carrier en-
gagged in operating a railroad in the
State of North Carolina, to use on its
line any locomotive engine in moving
intra- State traffic, not equipped with
a power driving wheel brake and APP
pliances for operating the plain brake
SYSTEM or to run any train in such
traffic after said date that has not a
sufficient number of cars in it so equip
ped with power or train brakes that
the engineer on the locomotive drawing
such train can control its speed without
recurring the brakeman to use the com
mon mandrake for that purpose.
Section 2. That on and after the ist
day of January, 1900, it shall be unlaw-
full for any common carrier to haul, or
hermit to be hauled on its line any car
used in moving interstate traffic not
eouipped with couplers that couple au-
Dramatically by impact, without the ne
cessity oof man going between the
ends of the ears.
Section 8. That when any person,
firm or corporation engaged in transport
ing passengers, express or freight by
railroads in intra-State commerce in the
State of North Carolina, shall have
equipped a sufficient number of its cars
so as to comply with provisions of sec
ton / of this act, it may lawfully re-
fuse to receive from connecting lines
of roads or shippers any cars not equip
ped with the first section OF this act
with such power or train-brakes as will
work. and readily interchange with the
brakes in use ON its own cars as re-
quired by this act.
Section 4. That from and after the
| first day of January, 1900. no ears,
either loaded or unloaded, shall be used
by any carrier within the State of North
| Carolina in intra-State traffic, which
do not comply with the standards fol-
the height of the drawbars, heretofore
| determined by the American Railway
Association and promulgated by the
| Interstate Commerce Commission.
Section 5. mat any common carrier
using any locomotive engine. running any
train or hauling or permitting to be
hauled on its line any car in violation
| of the provisions of this act, shall be
liable to penalty of $500 for each and
every such violation to be recovered III
a suit or suits to be brought by the
Solicitor in the District court having
jurisdiction in the locality where such
violation shall have been committed; and
it shall be the duty of such solicitor to
bring such suit upon duly verified proof
being lodged with him OF such violation
having occurred.
Section 6. That the Railroad Commits
sion may, from time to time, upon full
hearing and for good cause, extend the
| period within which any common car
rier shall comply with the provisions Of
this act.
Section Z. That an employe Of any
such common carrier who may be IN
jured by any such locomotive, car and
train, in use contrary to the provisions
of this act after the said first day OF
January, 1900, shall not be deemed
thereby to have assumed the risk there
by occasioned, although continuing IL
| the employment of such carrier, after
| the unlawful use of such locomotive
| car or train has been brought to his
knowledge; Provided, however, that I'M
| til the said first day of January, 1900
no failure to supply any such safety ap
pliances ON trains as in this act provid
| ed shall be interpreted as negligence
! per Sc on the part of any common car
| rier, but this act shall in no wise hav,
| the effect to any way apply to existing
! suits or causes of action for negligence
] arising or accruing prior to the first day
/ of January, 1900, and shall not b.
pleaded in bar of recovery in actions o
/ forts prior to the said first day O
/ January, 1900.
/ Section s. That this act shall be il
1 force from and after it's ratification.