New-York tribune., 1907-08-26
DISOBEY P. S. ORDER.
ROADS Liable TO FINES.
Some Corporations Fail TO Report
accidents, as Required.

Railroad and common carrier corporations
have in some instances failed TO obey order No.
! issued by the Public Service Commission for
this district BY that order all common carrier
corporatfons We're directed TO report accidents
shat occurred on their lines promptly TO the OH
Gals Of the commission
order No. ] is explicit. 1t defines distinctly
what accidents to be reported and pre-
.cr,hes the manner and time in which they
must be reported The commission believes
thar II leaves no room for doubt and little for
discretion on the part Of the corporations
The r,le went into effect August ), and for a
ea-S davs after that was obeyed As time passed
some of the companies began to put their own
construction on it. Some began to discriminate
as to what accidents they would report ana 10
6ecide what details they would give
Some OF them then began gradually to ignore
,,,a ,,rder Of ,fe commission which. under the
r,rhiic service act they legally bound 10
obey literally under the penalty of maximum
forfeiture OF $4,000 a day. Some, II is uue'
have obeyed the order in q satisfactory manner
and furnished the commission with the account
OF al, accidents as they required TO do
The Public Service Commissioners nave not
decided whether the failure of some ROADS 10
,tex, .,,a order WAS due TO a misunderstanding
Of .he order itself or wilful intent TO disobey
the order and thus ignore the commission 1T
NAV be" said a friend Of one OF the comms-
sioners. that the roads which have not sent IN
information regard TO some OF their accioenis
did rot dc SO because they considered thes iiau
On. right 20 interpret The order IN thelr o" way
,ra 5,a rot consider the accidents which they
,area 70 report worthy Of reporting doubt IL
.he roads in question wilfully intend TO oisooes
the orders Of the commission
ora q, the latest cases OF road falling 10
obev the order and report accidents on its iiiie
q, .ba, a. the Smith street line. This line faiied
- -. -, accident which occurred on its
tracks late Friday night, when an au'0ihopis
a. -,,,,c, WAS the son OF the late Governor Hig-
;, mac in collision with Smith street car, IN
su-sne fits occupants. Up 10 a late hour ias1
neigh. neither verbal nor written report hau
feen made to the commission on the accioeh''
u,,en a Tribune reporter called Commissioner
,lz,stisss attention to the failure to report acoi
dents and the failure Of the Smith street ihie "
.r.,r,,sar the commissioner said he had not
rec, told that some roads were falling TO oOes
order No. ].
-rf the report is true" he said ana 'heie
- M s=o,,r. that IL u.s. the commission will
,aor,rsadrv take action 20 enforce obedience OF
,be oraer. Just what 81 will be likely to do
cannot tell until am lahllildf WIN Ola
circumstances
..1r;u vo, sir,plv let the negligent roads on
with a warning this time, or viii you ENFORCE
the penalty?" he was asked
THAT will depend entirely upon the clrcui'-
STANCES governing the case. However, III IL "
question that the commission should take up I'M
-,,ediatelv / would call IL to the attellloh :"
.,,e commissioners at the morning session TO-
morrow. nut / am not going TO be there-
wish however, that You would speak OF IL ~
Secretary whitney. and have him mention !, d
The meeting. There should be an lnVes'isd'' ''o"
followed by proper action
ssec,ior a. of the public service act proNlueS
shat every common carrier, railroad corpora
,io,, or street railroad corporation is hereby re
ouired q, give immediate notice TO the cominls-
s;o,, ,f sK,srv accident happening upon any line
,f railroad or street railroad owned. operated
leased Or controlled by il within the territory
oyer which such commission has Jurisdlctlon I'll
snch manner as the commission may direct
s,aa-ior, Sc Of the public service Law provides
that any common carrier railroad Corporation
or street railroad corporation which fails or
,.r,i,s or neglects to obey, observe or comply
with any order or any direction or requirement
- tho commission shall forfeit to the people Of
She state Of New York not TO exceed s5ooo 1or
each and every offence. and in case OF con-
.,,,,i,rr violation every days continuance there
e .toIl ba and shall be deemed to be a separate
and distinct offence.
F,ro,,, this section il would seem that the com
mission If it chose could fine each common car
rser corporation that has failed TO report an ac
cident on its lines and thus failed to obey an OF
l os .t,.. commission $1,000 day from the date
4 tho accident until the date Of its being report
ed. IT is improbable that the commission VIII
sn,nose the maximum penalty for the first Viola
ron or for minor violations. but that it VIII en-
force its orders and adopt such means Tor en-
rorcins them as 1t may deem best cannot be
doubted
Commissioner Eustis will spend to-day with
william, NJ WINS. special counsel. Investigating
traffic conditions In The Bronx