The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-08
LEGISLATION-
A BILL THAT OUGHT NOT
TO PASS.


go into effect by the first of January
1900. Later he withdrew the bill and
offered a substitute simply declaring the
law as pronounced by the Supreme
court. He withdrew his first bill because
he became convinced that instead of be
ing a help to the travelling public and
employees. it would take away rights
they now enjoy.
A bill is now pending in the Senate
which is entitled san act to promote the
safety of employees and travellers upon
railroads" but which should be entitled
IAN act to take away from travellers
and employees rights they enjoy under
the Common Law, as declared by the
Supreme court of North Carolina" The
bill requires railroads to equip trains
with automatic couplers and continuou
brakes by the first of January, 1900, but
section six contains this dangerous pro
vision:
THAT the Railroad Commission may
from time to time, upon full hearing and
for good cause extend the period with
in which any common carrier shall com
ply with the provisions of this act"
The introducer of this bill may not
be familiar with certain history that
makes this provision a dangerous one
In 1894 Congress passed an act requiring
all railroads doing Interstate business
to equip themselves with car couplers,
but provided that the Interstate Com
merce Commission could extend the
time. That law has been upon the stat
ute books five years and yet more than
one-third of the trains are not yet equip
ped. The Railroad Commission might eX
tend the time as tue Interstate Commits
sion has done, and that would make the
law a dead letter.
Worse than that, it would take away
from the travelling public and employees
rights which they now enjoy. In the
decision of the Supreme court of this
State in the Greenlee and Wright cases
it was held that whenever any lfe-saving
appliances have come into general use
the failure of common, carrier to use
them rendered them liable for negligence
to any passenger or employee injured
thereby This was not a declaration of
any new law, but simply the applica
ton of a common law principle. With
out any legislation whatever, the EN-
ployes and travellers can recover dam
ages if these couplers are not used. The
passage of the bill before the Senate
reported favorably at meeting by
only three votes, would deprive a travel
Ter of rights that they enjoy without
any legislation It's only effect would
be to give immunity to railroads for any
damages incurred until the modern ap
planes are employed, an immunity they
do not now enjoy. If there ought to
be any legislation whatever upon this
subject, a simple statute declaring the
decision of the Supreme court the law
would be all that is necessary.
There ought to be no necessity of
showing that Congress had abundant
reason to order the use of automatic
ear couplers. The official statistics
show that last year over 81 900 persons
were killed or wounded on the railroads
of the United States and 5000 of them
because of the failure to use such coup
lers. The Interstate Commerce Com
mission states that by reason of add
tional ear couplers put on within the
past year one thousand less men have
been killed or wounded than within
the previous year. The State Commits
sion report shows that of railroad EN-
ployes actually running on cars in North
Carolina, 625 were killed or wounded.
The permission to continue such slaugh
ter ought not to be granted by any act
of the Legislature setting aside the COM
mon law decisions of the courts. 1t is
due to the nine thousand railroad en-
ployes in North Carolina as well as to
the travelling public that the Greenlee
and Wright decisions shall not be sus-
pended for even one day. The railroads
ought not to be given power to run Their
trains free from liability for accidents
caused by their own negligence to apply
the necessary appliances.
The fellows who are always looking
| for a chance to give the Democratic
| party lick under the fifth rib are now