The Montgomery advertiser., 1903-03-31
AIR LINE CROSSING
LANCAsTER's OPEN LET.
 TER ON SUBJECT.
Points Out Gates Will Be Inadequate. President Smith, in Reply, States Railroad Commits
 sion is Powerless.

Judge H. J. Lancaster of Wetumpka has written an open letter to Hon. John V. Smith. President of the Alabama Rail- road Commission, protesting that the erection of gates at the seaboard Air Line crossing on the Lower Wetumpka road would be inadequate in remedying the condition that interferes with traffic on that road.
 Judge Lancaster points out that the Seaboard crossing, with its switches and many tracks, does not interfere with trav- el so much in the endangering of human life as 1t does in causing anoying waits and delays. The condition, he declares, will not be improved by gates which will compel equal delays. Judge Lancaster sent acopy of his letter to the Montgom- cry Board of Revenue and 1t was read be- fore the Board at its meeting yesterday. The letter is as follows:
 Wetumpka. Ala, March 2s, 1ss3 Hon. John V. Smith, President of R. R.
 Commission, Montgomery, Ala:
 Dear Sir:-Replying to your favor of recent date beg to say that by the erec- tion of gates as proposed by the Seaboard Air Line Railroad at the crossing of said road on the Wetumupka and Montgomery dirt road between Pickett Springs and Montgomery. will be of little, if any, ben eft to the travelling public. It is not so much tn edanger of being run over by the train that causes the nuisance at this place as it is the delay causer by the switching of cars preventing the passage on the road over the tracks at the cross ing. and the danger of teams becoming frightened by the switching and the ad- ditional noise incident thereto. as expert ence has shown that numbers and num- bers of teams have run away at this point, which were not ordinarily afraid of trains passing across public road Where parties with teams are delayed at this point by waiting on the trains when switching to clear the track number of teams and vehicles congregate near the crossing, and the public road embank- ment being high. when one team be- comes frightened and runaway occurs this team is liable to come into conflict with others and no one Is safe however gentle the team which he may be driv- ing. In such event there Is no way to turn out and get out of the way of a runaway team on account of the high grade of the public road at and near the crossing.
 It seems to me the greatest presump- ton of any road to establish a switch yard on a public road, and when it was established 1t was done without author ity of the law, 1t Is a nuisance the crim- inal law was violated in obstructing the public road and the criminal laws of the State are violated every day and will be so long as the switch yard Is maintained on the road. Without considering the dan ger to human life and to property there Is no justice or reason why the travelling public should be delayed at this point on It's magnificent road. which is constantly travelled, until the tracks are cleared
 The railroad is entitled to fair consid- eration and the right of the people should be preserved and respected.
 Thanking you for your kind interest as manifested in this matter, I am, yours truly, H. J. Lancastr.
 After the reading of the letter the clerk was instructed to write Judge Lancaster telling him htat he County of Montgom- cry had already entered suit against the Seaboard Air Line Railroad to compel 1t to abolish the crossing. This action on the part of the Board was taken after repeated failures to secure improvements of the condition at the crossing.
 President John V. Smith of the Alaba- ma Railroad Commission. to whom the letter was addressed. said yesterday that he had replied to the communication of Judge Lancaster. In his reply MT. Smith said that the Commission was forced by condition which 1t was powerless to remedy. The Commission. he said, had only advisory powers. He had asked the