New-York tribune., 1903-04-05
FINDS BO4RD VAS Liza .
Grand Jury Makes Presentment on
CHftOn-aUc. Tragedy.

The Essex Grand Jury came into court at Ne"drh
yesterday and made it's presentment IN the case u
the tragedy at the Chfton-ave railroad sIaue
crossing in Newark on February i9. Chief Justice
Gummere received the presentment and discharged
the Jury with thanks. The presentment Is severe
arragnment of the Newark Board OF Works ana us
Street Superintendent John G Mundy. Inc pre-
sentiment is in part as follows;
Our investigation has disclosed a failure on the
part of the municipal authorities TO take the pre- pre-
cautions which suggest themselves 10 redSohdDaS Is
prudent men for guarding the safety OF 'he H'eS
We find that permission to cross the tracks of
the Delaware Lackawanna and Western tSallroau
at Clifton-ave with the line or street Tdll"dy a.
grade. was granted by the then members OF the
protest and that although tne dafgeIoThS @ he I
parent them. and were in fact brought t9 Lhep 1T
attention n by ba suGd vng Of sch persson for the
installation of any safety device.
surface cars that in the city of Newark there has
been marked aXity on the parT " OF Of t1G Eomns
siOners and failure to enf2ree the hd o
venience of the people in the use OF this means OF
The car which met with disaster was overcrowd-
ed and this is notoriously the condition during
part Of the DAY t qf eTgT 37 car has been
repeatedly called the attention of the Board OF
the various sections Of the city. effective steps
have been taken by the board In the enforcement
G GaH tas ordinances and the correction Of TINS con
i1oproved which since the accident
have prevailed on the line which passes through
Clifton-ave. and the like improvement could ana
should he brought about every line running
through the city by the enforcement Of these ordi
nances and the exercise by this board OF its power
Ms Hef IN b2aKas or other detective equipment
control was lost of the car on the Chtton-aVe
crossing some time previous To the accident OF
February l9
In the course of our Investigations attention
has been called Sections 732 and I33 OF these
ordinances requiring every street railway company
TO remove all which may be thrown or placed
upon the streets along its tracks IN clearing
cleaning the within twenty-four hours ar
ter the same shall be placed thereon. and further
move such snow. then that the General Superin-
tendent of Works shall cause il to be removed at
the cost of the company.
the street railway company. and that
claim is made that the snow and slush beyond the
tracks were dragged upon the tracks again by the
that company observed the provisions of the
ordinances and removed the snow passed upon the
have we been able learn that the General Super
iDtendent of Works performed the duty imposed
upon him and caused such removal TO be made at
the expense of the company.
We find also that Section b69 of the ordinances
makes il unlawful engine across
any public street about grade in Newark at a
withstanding this provision trains have been
scheduled and have run at speed great
as twenty-five miles an hour.
We believe attempt has been made until after
az street crossings.
For the reasons stated above. Ne hold that the
BOARD Of Works negligent in the performance
Of its duty The public demands the enforcement of
the city ordinance. and il the duty Of the
Board OF Works To that they enforced.
FINALLY We would that effort he omitte
hv the governing bodies in all tOHns and munich
ns1ties to bring ahoIishment of all grade
crossings of steam railroads in this county.