The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-19
GRADE-CRossrNG ACCIDENTS.

The accident Of Tuesday night, in which
Big Four train collided with an East
Michigan-street car. emphasizes the ne
cessity OF eliminating grade crossings and
also raises the question whether, pending
the final solution of that problem, some
thing cannot be done towards reducing the
danger OF such accidents TO a minimum.
Under the most favorable conditions it will
be some time before grade crossings can be
done away with by any system that may
be decided on, and in the interval fatal acct
dents are liable TO occur. Under the re-
cent decision OF the Supreme Court the city
has not power to compel the railroads to
elevate their tracks, but the charter gives
ii power to do some other things 1t can
compel the construction of a viaduct or
tunnel at any point within the city limits.
with approaches thereto, and In general
terms, it can take measures Ito secure
the safety of citizens and others, in the
running of trains in and through the city"
Again, 1t has explicit power to provide
protection against injury to persons from
the operation of said railroads" These
decision of the Supreme Court. They ap-
ply to all railroads, electric as well as
steam, and they give the city power to re-
quire or compel almost anything in the
way Of minimizing the dangers of grade
crossings, except track elevation, which
compel under the present charter. The
| city has not exhausted its power under the
| charter to prevent accidents at grade
| crossings. 1t has not done it's duty. For
years past 1t has had the power to enact
and enforce effective measures for the
prevention of such accidents, but it has not
exercised 1t. To say that the enforcement
of such measures would interfere with the
/ movements of railroad trains or street cars
is to say that railroad traffic or rapid
transit Is more important than human life.
The fact that no person was killed in the
accident of Tuesday night, while seven
were injured. was simply a piece of rare
good luck. Tomorrow. next week or next
month, a dozen or a score of persons may
be killed at the same crossing, or at some
| other one where there is the same neglect
of safeguards. As long as the city fails
to exercise all the power it has under the
charter to prevent such accidents it is, in a
measure, morally responsible for them. If
it had done its duty in this regard there
would have been less opportunity, perhaps
none at all, for the exercise of gross care
lessness by a motorman which caused
the accident Of Tuesday night. The adop-
ton of mechanical safeguards and strict
regulations would not only close the door
against such recklessness, but it would be
a protection to the railroad companies
both steam and electric, which incur the
danger Of costly damage suits by every
such accident. 1t would be absurd to say
that such accidents are due, In legal phrase
to the "act of God" They are not unavoid.
able accidents. They due to violation
Of law or regulations or to inexcusable
and criminal recklessness on the part OF
the employees of the railroad companies
steam or electric. They should both well
come an ordinance that would close the
door against the exercise of such reckless
ness, thereby saving them from we'll
grounded damage suits, and the city should
be glad to be in position where 1t would
not be morally responsible.