The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-19
WHISTLE AND BELL
WARNING DEFEATED
Senator Justice Leads in
Warm Debate for It.
PRODSRAILR LAWYERS
Senator Glenn to The Rescue Champions Their
Cause and in Hot Speech Defencs
and Endorses Them and Speaks
Against The Bill.

Against the Bill.
The whistle and Bell" warning bill
of Senator Justice had the right of way
yesterday nthe Senate track.
1t started on schedule time with
full head of steam, in charge of Conduc
tor Justice, met with many obstacles on
the track, and took on extra coaches bu.
before getting into the depot was derailed
and left a wreck.
The bill had been before two commit
tees. and unfavorable reports was its
fate. It's purpose was for the protection
of human life'and a minority report was
its backing when it came before the
Senate after several failures to be heard.
An amendment offered by Senator Nc
Mullan providing that a penalty be
placed on persons who mischievously
made pretense as to cause the warning
bell or whistle to sound was adopted.
This left the bill so that it provided
that persons ahead Of moving trains ON
the track should be seen, should be
warned, and the train should stop if it
was seen that the person had not heard
the warning Or was unable to heed it,
Senator MCMILLAN spoke first on the
bill. He made a strong and earnest
speech, one that attracted attention. be-
cause of its able conception, it's careful
delivery and its strong points. He de-
clared that the bill was for the protec-
tion of human life. and was a matter
of great moment, that it put no extra
burden on the railroad companies and
was fought by the opposition with the
old cry of prejudice jurys The state
ment made that juries and witnesses
were unfair to railroads, he said, was
rank aspersion, and if listened to
would always defeat the passage of
remedial laws in North Carolina.
If it is proper to blow at a crossing
to warn a man, he held it was right to
warn a man on the track At this periol
Senator Woodard said that the public
had an easement in the crossing, but i
man on the track was a trespasser. To
this Senator Mcmillan replied. And if
he is a trespasser is it right and proper
that he should be killed without warn
ing?" He strongly urged that the bill
pass for then one alarm, one blow of a
whistel one pull at cord might save a
life, in place of an engineer just sitting
and presuming that man would get off
the track until beneath the train, a hu-
man body had been ground into one hor-
rible mass. A hog on the track was
warned. and a human being should be.
Just here came a tangle as to the bill,
this being whether it was an amendment,
a substitute or a minority report. In
this Senator's Gillian, Justice and Norris
participated. The matter being seeming
ly Strengthened. Senator Webb said he
thought the penalty of a fine of $40 to
$50 or Imprisonment for thirty days in
the MCMILLAN amendment was too light
on people who mischievously stopped
train or put obstacles on the track. The
amendment was the amendment by an
agreement to strike out the sentences
relating to obstacles as it was found
that this was covered by the Code.
Then the bill got tangled again as to
what it was, and when the President of
the Senate thought it was straight, Sen
ator Henderson declared that the pur-
pose of a part of the bill seemed 70
be to re-enact an old law. and to create
new one that would virtually give to
claimant against a railroad all he
asked. The bill made as he saw it. con-
response to queries by Senator Justice,
who quoted Senator Henderson as saying
that the law is now what the bill says,
and asked if that was right. Senator
Henderson replied that the language OF
the bill was not the law of any land.
Continuing, Senator Henderson urged that
would violate the provisions of the bill,
+hof +hot
too lengthy and had in it too many words,
Then Senator Justice spoke for the bill.
He said that the length and the words
of the bill needlessly alarmed Senator
Henderson, and that his objections seem
ed to be to these. and that it could not
be understood. Il think it is neither"
said he, 'and that it is as plain as the
English language can make it," He
urged that it simply made law of pres
ent railroad regulations. that it was tire
duty of the railroad company to keep
lookout, not of the engineer. and that if
necessary third man should be en-
ployed for this purpose He paid a
splendid tribute to the engineers and
found no fault with them. AS to the
innocent" failure to give warning
spoken Of by Senator Henderson. he could
not imagine such when seeing man
and giving a signal was required Here
Mr. Justice spoke of the anxiety of the
opposition to defeat this bill. because
some lawyers thought it unsafe to let
juries' pass on the question. Mr.. Jus
flee gave several illustrations from tho
law as to killing by trains and the de-
cision of the Supreme court, all these
tending to that a simple warning by bell
or whistle would have saved life.
Speaking Of the article from rail
road engineer, published in the News AMI
Observer, opposing the bill. he said that