The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-10
TEST SAFETY APPLIANCE ACT.
SUPREME COURT WILL DE ASKED
TO PASS UPON ITS MERITS.
As Interpreted ny the Lower Courts II Has
Proved Ineffective In the Manner
Designed by Its Authenticated
Depart From the Spirit Of the Law.

Designed by Its AuthOrs-HaItrOaus
Depart From the Spirit Of the Law.
WASHINGTON, May e.-The Interstate
Commerce Commission will in day or two
make application TO the Supreme Court OF
the United States for writ OF certiorar,
TO permit the review by that court OF the
papers In the cases Of johnson Va. the Union
Pacific Railroad Company and Boeteler
vs.. the Union Pacific Railroad Company
This application means that tho officers
charged with the administration OF the
Safety Appliance act have become con-
WINGED that the law ~ at present inter-
preted il not effective in the manner de-
signed by those who drafted 1t, and that
the Supreme Court will he asked to pass
upon the merits Of the law, with view
to its amendment at the next session OF
Congress-, should the court uphold the
decision OF the lower courts. Which were
unfavorable to the Government.
1t is not denied by the Interstate Com
mission that the law has resulted in greatly
decreasing the fatalities and casualties 70
railroad employees from the coupling and
uncoupling Of cars. 1t Is contended. how
ever, that tho railroad companies nave
compiled with the letter Of the law in such
manner as to evade possible consequences,
but yet have so far departed from its spirit
as to threaten return TO conditions almost
If not quite az bad as those which existed
prior to Its passage. The portion OF the
Safety Appliance act (section % which
has proven ineffective in its operations 10
ali follows:
1t shall be unlawful for any common carrier
to haul or permit to be hauled or used on It's
line any car used in moving interstate traffic
not equipped with couplers. coupling auto
matcally by impact. and which can be un-
coupled without the necessity Of meE soih
between the ends OF the cars.
While the railroads have complied with
the law 70 far as it requires equipping
rolling stock with automatic couplers
these coupers differ 80 widely IN style,
make and construction, that often in making
up train the conditions are no better than
II the old style hand couplers were used. In
train ofShis description, and it is said
such cases are very common. the clause OF
section requiring coupling automatically
it is the interpretation by the lower
courts of this portion OF the act that has
proved so unsatisfactory. II the appeal to
the Supreme Cour, does not result AZ IL
hoped and expected. an effort will be made
to have the section OF the act quoted
amended in conformity with section s..
which has to do with power brakes for
trains This section reads in part al
follows:
When any corporation engaged In inter.
state commerce by railroad shall have
to comply with section OF this act. 1t may
lawfully refuse to receive from connecting
lines Of road or shippers any cars not eqpipped
sufficiently with such power or train brakes
as viii work and readily Interchange with
tue brakes In use on its own cars.
It is contsnded that II the section with,
regard to automatic couplers contained
the clause, 'as will work and readily inter
change with the conplers In use on its own
cars there could be no excuse for Q misin-
depreciation OF the spirit Of the act.
The case Of johnson VI. the Union Pacific
Company will be used with one or two
more as the basis for the appeal to the
a brakeman employed by the Union Pacific
Company. In making up train he found
1t necessary 10 go between the cars to adjust
Miller coupler on one car to Jenney
coupler on the other. 1t had previously
been found impossible to couple the two
cars by impact, as the couplers differed
widely in construction. While adjusting
the bolts Johnson was caught between the
moving cars and severely injured. He
sued the railroad company under the terms
found in favor Of the defendant The case
was then taken to the Court of Appeals Of
the Eighth Judicial circuit and the decision
of the lower court was sustained.
In view Of the contemplated action Of
the Government the opinion Of the court
was based are important Judge Sanbon,
who handed down the opinion, said in part.
Under the common law the plantin assumed
the risks and dangers OF the coupling which
was 70 and for that
! damages which resulted from the under TAX :
ing; lie was an Intelligent and eXperencsd
SOU ght to ioin, and with their condition.
and we'll aware OF the difficulty, and danger
the ordinary, risks and dangers of employ
ment upon which he enters SO far % they are
70 him. Of ey Hays
capacity, BY the use Of ordinary care. and
that the risks and dan gers OF coupling oM cars
| coupiers, bumpers. brake hands and dead
woods are the o ssIn;Iy risks and dangers
Of snrenstIoS ser wns not seriously cba
| lenged, but counsel tased their claims for
a reversal OF the Judgment OF the court below
iieeved Of tbs assumption Of risk and Of lie
consea uences by the provisions Of the Safety
This statute may not be lawfully extended
meaning OF It's language. There is nothin 3
every % ear car on its railroad equipped with me
Dramatically with every other coupler with
which il may be brought into contact in the
ordinary course Of business upon great
lawmakers had intended TO require such
an equipment It would have been easy for
made no such requirements raises the legal
presumption that they intended to make
| none.
Judge Thayer dissented from the above
opinion and echoed the view Of the Inter-
state Commerce Commission in calling 1t