The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-13
ll,I|,I!''|'.u',!|||''l!;|||''l'1!|'|||,.1!.a.3

Nl D | IL, !
making one portion of the community
land those least able to pay for them
selves pay for the free riding of others,
there is the leprosy of the free pass
system being the most shameless and
most widely spread system of bribery of
public officials and others having or
supposed to have influence with the pub
lie. Beginning as distribution of
transportation to servants Of the State,
at time when often the State owned,
or had largely aided in he construction
of the railroads, its evil tendency was
not at first generally understood. If
abolished utterly as it should be, rail
roads could by that fact alone be en-
abled to reduce passenger fares to ac-
cord more with the enhanced value of
money-an enhancement which the rail
roads alone have not reduced charges to
meet.
Both as to freight and passenger rates,
the courts hold that the States can re-
duce to a reasonable rate. What is a
reasonable rate is matter of fact, upon
evidence adduced, not question of law.
1t should be settled by an appeal to a
jury, unless the railroad commissions
should be held special juries provided for
that purpose, and whose conclusions are
final as the Supreme court held in re-
gard to their valuation of railroad prop
erty for taxation. Kentucky Railroad
Tax Cases, 10 u. S. 81, view which
is sustained by Judge Cooley in his adj
| dress before you.
JUDICIAL USURPATION.
When judge issues his injunction
against rates prescribed by a State Leg
| islature or board created by it for
| that purpose, the Judge simply assumes
| to substitute his opinion of the reason
ableness of rate for that of the law,
and is guilty of usurpation of power, as
was recently shown by that eminent
| Judge of the United States Circuit
court. Judge Caldwell. in an address
before the Missouri Bar Association.
| The fixing of rates of common carriers
and the assessment of their property for
taxation are essentially governmental
functions and the judiciary are not a
| supervisory, or higher department of
| government If there arises any diff
| ference as to rates or valuation, it is a
| question Of fact to be determined by
| the board created by law; or if there is
any appeal, under our SYSTEM of laws
| it should be settled like all other issues
of fact, by jury-not by a judge.
RAILROAD CASUALTIES.
i TT 10,
longs the credit of beginning back in
| 1867 the agitation for safety appliances.
| To the interstate Commerce Commits
| sion belongs the credit of procuring the
| act of Congress which requires the use
| of self couplers, after a date fixed, which
| the Commission has extended TO Janu-
| airy LIST, next, as authorized by the
/ statute. In their last report they say
| There were 1,034 fewer employees kill
/ ed, and 14,062 fewer injured during the
| year ending June 30, 1897, than during
| the same period in 1893 In the Spanish
| American war 29S were killed and 1,640
| wounded In car coupling alone 219 less
/ were killed and 1904 less were injured
| in 1897 than in 1893. when the law was
| enacted'' In 1893 when the statute
| was passed the casualties from coupling
/ and uncoupling cars were 433 killed and
/ 1913 injured. In 1897 when the law
i as to self coupers was only partly conn
piled with the casualties were only 214
| killed and 6,2S3 injured. When the law
/ shall come into full force on January
| LIST next the casualties from this source
/ should cease entirely. 1t should not
| have required a statute to compel the
| railways to put on this cheap and simple
/ contriyance costing less than SlS pen
| car the absence of which, at the pas
| sage of the statute, wtas causing the
death annually of 433 men and the
| manning of near 10000 others. Indeed
/ the conrts in North Carolina and
/ possibly In some other States have held
| that Independent of the statute the
| railway company was liable for damages
| for the killing or wounding of any EN-.
| ploye when the accident could have pre-
| vented by the use of self couplers.
THE DEADLY CROSSING.
| More than 1880 people were killed anc
/ $500 wounded other than their employees
| and passengers, by railways last year
/ A very large part of these casualties
| were ut crossings. In England ana per
| haps all other countries Of Europe th'
| railways are required TO cross eithei
/ above or below public roads and streets
| This is required in New York as TO al
| new railroads and to some extent as t
| those already built But as this change
| IS impracticable as to existing railway
| in many States owing to the expense
| your Commissions could at least requir'
(if you are authorized by law TO regulate
| crossings, and if not YOU can get tn
| authority that at every crossing ON tn
same grade of a public road or street
| the railway company should place al
/ electric gong which shall be automatlcal
i ly rung by the driving wheel of eacl
i approaching locomotive by means OF
simple contrivance placed at speclfie'
| number of feet from each crossing |
would save many hundreds of lives eacl
wear. | have seen this device used il
the stations in Germany to notify pas
sengers automatically of the approach o
the train.
SAFETY APPLIANCES.
Electric headlights operated by the en-
gines would be useful in saving man.
hundreds of lives and injuries annually
According to Railroad REPORTS to tn