The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-12-18
FRIDAY, DECEMBER Is. 1903.
YESTERDAY STREET CAR ACC-
DENT.

street car line on Princess street just
IN front OF The Messenger office yes
terday, i'm which Mrs. Piner, an elderly
lady. was run over by q street car. was
a most distressing and deplorable af-
fair
THIS Is the second time within 4 yea"
that a person has been run over by 4
car az this point. the intersection OF
Second and Princess streets. Tn for
mer victim of the street cars was u
negro man. who died from the effects
sf his wounds. and this one IS likely
also to prove fatal as it is hardly
possibIe that a person of Mrs. Piner'5
age can stand the shock of the acCi-
dent and the subseQuet amputation OF
both feet which the attending physi-
Ola fosnd necessary.
We wish to say u few words regard
ing these two accidents and the causes,
as well to sound 4 note of warning TO
the Street Car Company and the gen
Grad public.
What we viii say we do not wish
10 be takes as in any sense running
down Or attempting to abridge the
proper privileges of any business en-
seTprise 81 TO produce prejudice against
any corporation IN our midst. But We
simply wish to cal attention 10 q few
facts aad to make one or two Sugges-
tisRs.
Ia the first place. we do not believe
either of the above mentioned acc
dents would have occurred had the Con-
sOlidated Railways, Light and Power
Company, which owns and operates tile
street railway system in our city, COM
piled with the law of the state
The legislature Of 1901 passed an act,
which went into effect April 1st 1901
the second section of which is as fol-
bows:
That all city and street passenger
railway companies be and are hereby
required to use practical tenders III
front CT all passenger cars run manipu-
lated or transported by them, and any
company refusing or failing to comply
with said requirement shall be subject
20 Il 3ae of not less than ten ollar
al more than one hundred ollar -"
each day. The North Carolina cOrpor-
alton commission is hereby authorized
TO make exemptions in such cases as il
their judgment the enforcement Of this
section Is unnecessary"
Subsequent to the passage Of this act
the corporation commission suspended
kRsu aanNn1 can+in, Of tha n hAIya ftl-ntrj
act as tn all street car companies in the
state.
After this action of the corporation
commission a person injured by a street
car in Durham brought suit against the
company in that city. This case went
to tAe supreme court. The question
that the car which injured plaintiff had
no fender was raised in this ciss AID
the onpan relied for its defense upon
h SUSPENSION of the act by the COM
mission. This was the case of HendeT-
son vs. the Durham Traction Company
decided by the supreme coUrt IT the
Spring term 1905. The decision WAS rem
dered June 9th 1903. II this decsor
the supreme court said the corporation
had ne right TO suspend the act IF the
Legislature. It said:
The failure OF a street railway CON-
paRy to use Tenders IN front of its cars.
If required by statute or ordinance. II
evidence. OF negligence: and Il statute
which requires all street railway con-a-
mics to put tenders IN front of cars and
provides that the corporation Ommis-
aoR may make exemptions does no.
authorize an exemption OF all the street
railways. as this mounts 10 4 uspen
sion OF the statue
So. since the sixth day of last June
the officials OF the street railway COM
pany eli this city knew that every
time they ran a car within the City
OF Wilmington they were violating the
law OF the state, and were dong an
act which the courts would construe
as negligence on their part IN case OF
an injury to any one struck by
Cd their cars; yet up to this accident
not q single car on the city line was
equipped with a fender. The company
has been violating the law of the state
ever since the sixth OF last June, and
the result of this knowing and will
full violation has been the death OF
one person and the wounding. most
probably unto death. OF another. Tn"
public should demand hat as a
matter Of self protection his cOrpor-
alton obey the laws of the state.
The second suggestion we would
make Is that motormen should be re-
quired by the to run th3ir