The Birmingham age-herald., 1905-09-29
DOES NOT REQUIRE
 TRAINS ID STOP Law of Alabama Makes Pro- vision About Crossings CITY ATTORNEYS REPLY Trains Do Not Have to Come to Full Stop Where Flagman or Inter
 locking DeraiI Swith is
 Used.
CITY ATTORNEYS REPLY

Railroad trains are not compelled to stop at street car or other crossings in Birmingham if the railroad employs flag men to watch the crossings day and night. In the event f1agmen are not em- ployed and interlocking switches are used it Is not necessary for trains to come to a standstill This is the law as explained to Chief of Police Wier by City Attorney Smith concerning the complaint of resi- dents along the East Lake car line, who say that hundreds of lives are daily placed in jeopardy at points where the car line crosses the Louisville and Nash vile and the Southern railway tracks at Twenty ninth street and Twenty-seventh streets respectively.
 Notwithstanding the amendment to the original law which required all trains to stop 100 feet from street car or other tracks, J. J. Cotter, superintendent of the Birmingham division of the Southern rail- way, has informed Chief Wier that all Southern trains will stop. This communi- cation was in answer to letter directed to MT Cotter by the chief, telling him of the complaint of the East Lake resi- dents. A similar letter was directed to 1 the superintendent of the Louisville and Nashville and the chief expects an answer today.
 The following is the letter of City Att torney Smith;
 Smiths Opinion.
 Birmingham, Ala, Sept. 2S, 1905. l'W. E. Wier, Chief of Police, City. Dear Sir-Replying to your letter of September 26, 1 beg to advise you that al ch oh a1tffn dt,tx on the part of engineers and conductors to stop within 100 feet of railroad cross- Ing, and not to proceed until they know the way to be clear. This also applies to street railroad crossings as we'll But since that time the legislature has passed an act which provides that if fagman IS stationed at such crossings and sig nals the train to go ahead without stop ping, that shall be a fulfillment of all re- qurements. The legislature also pro- vided in this last act that where the de- vice known as interlocking and derailing switches Is in use there Is no necessity for coming to a stop.
 Hoping this will be sufficiently clear Tor you to act in the matter, l am yours truly, E. D. SMITH"
 Mir. cotter's Letter,
 Birmingham, September 27. 1905 w. E. Wier Chief of Police, Birming-
 ham, Ala
 Dear Slr-I beg to acknowledge receipt of your favor of the 26th with reference to protecting crossing on the East Lake car line at First avenue and Twenty seventh street. I beg to advise that we have reliable man stationed at that crossing to flag for protection to both the car line and our trains, and our men are under instructions to come to a full stop and receive a signal before passing over. Our orders are that these instrue- tions be strictly compiled with, and If specific case comes to your notice wherein these rules are being violated. would thank you to kindly advise me at once, as we do not wish to lay ourselves liable, much less to be the cause of per sonal injury to any one in this connec- ton. Yours truly,
 "J. J. COPPER, Superintendent