The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-10
R.R.BOARD'S
POWERS ARE
ALMOST NIL
Cannot Compel Abolition Of
Grade Crossing Without
Order From Courts.
ACT WAS LOOSELY DRAWN
Attorney.Genera McCarter Gives
His Opinion as to Authority
Vested in Commission Gre
ated by the Present
Legislature.
ACT WAS LOOSELY DRAWN
1snscianto tte Evening start

TRENTON, Sept. 10.-Attorney-Gen-
eral McCarter today submitted to the
Railroad Commissioners his opinion as
to the commissioners powers in requir-
ing railroad companies to abolish grade
crossings without the aid of the courts
He also suggest that the law was
loosely drawn.
at is. elementary" said the Attorney
General, that a commission OF this
character has no inherent power be-
yond or outside of the statute creating
II and defining its duty, SO thst a de-
termination of this question involves
purely a construction of the statute.
zone Is not permitted, in reaching a
conclusion upon a question of this
character. to read into the act matters
which one might think could properly
have been inseuyted therein, but which
the LEGISLATURE. in its wisdom, saw mt
to omit. 1t isAnot a question as to
what the law ought to be, but what 1t
is, and a careful perusal or this act
has satisfied me that the notorious
haste with which it was prepared and
passed on the eve of the adjournment
of the Legislature has left much to be
desired in the way of supplement or
amendments"
The opinion next recited the various
provisions of, the act giving the rail-
road commission general supervision OF
all railroads operating within the
State; authorizing the board to compe
the attendance of witnesses and the
production of papers; requiring rail-
roads to report all accidents, and to
order an investigation. and providing
- Of tic nrdnrC
Z AT the meeting of the State Rail-
road Commission today there were
present representatives from all the
railroads operating in the state
The railroad men were invited to
be present for the purpose of
expressing to the commission their
views as to the best safety appliances.
, The board is desirous of obtaining the
I different yiewg from representatives Of
the railroads, so as to enable the
commission to make standard rules
and ree1lations as to what safety APP
pliances should be used on the rail-
roads of the State. The railroad rep
resentatives suggested that whatever
rules the commission should make
should conform with the Federal regu-
lations.
II was shown that the, State regula-
lions world not materially effect the
trunk lines. but might work harm 10
some of the small lines whose ROAD
did not extend beyond the State. The
matter of safetysregulations for draw
bridges and the scheme of Installing
derailings at junction points where one
railroad crosses another at grade.
The railroad men argued hat 1t
would be practicallylimpossible to
a general order on this subject that
would meet all cases. they said the
Federal Government had investigated
the matter fully and were of the opin-
ION that a general order woul be oounu
IN some cases to work harm. n
tions and location practically MADE II
necessary TO use different appliances
and schemes.
Commissioner Whiting thought thaf
this State was behind the times IN
railroad legislation and regulation. He
thought the commission could make u
general order effecting the safety regu'
lations. and at the same time be ran
10 all the railroads. He said that II
cases where the companies desired e&'
tentions of time to carry out work or
dered by the commission, the Ncommls'
sion could grant the requests II the,
were reasonable.
President Congdon differed with Mr.
Whiting. and said he did not believe II
granting extensions after the issuance
Of a general order He thought the bet
fer Man to be to nave the inspector
examine each railroad,an let the com
mission decide in each case what woui'
be the better plan to adopt
Following his synopsis of the law 10
- -. %t-tA II m
following comment.
..Tb,s resume displays all of the power
of YOUR board. and l think manifests IN
crudeness and lnsufhciency of the pre-
visions. 1t is. however, | think. apparen
that the Legislature intended TO give you
board a general supervision over all raj
roads, and It is made your duty to Sc
that the laws of this State, regulating th
railroad companies are observed and en-
forced. and you may cause actions to b
brought against any railroad dpmpan
violating any of the laws for the specific
penalty.
"You, therefore,, have general supervis
ory powers over railroads, and are n
uuired ia see tc it that the statutes M
enforced. and the penalty provided thereb
collected.
''You are likewise required to keep thol
oughly informed concerning the conditio
and operations of the railroads, and
hear and examine complaints touching tn
matter referred to. including the abolitio
of grade crossings.
"As to these matters. however. yot
power after such investigation is expressl
limited to recommendations. You are M
given any authority to make orders, or
do more than advise the railroads and II
Legislature concerning your conclusion
upon these matters
After quoting the language of the a.
stating the subject upon which the con
mission may make order, the Attorne!
Gtreral continues:
Reasonable and just orders upon sue
subjects the board can issue and the raj
roads must comply with. Ieannot, how
ever. find In this language any authoril
in your board to make such an order
to the abolition of grade crossings. II Il
Legislature had intended to give you h
right. why did it not express such intel
ton? In the earlier part of the same Sc
ton it took pains to authorize you to he
and examine complaint and to make recon
mendatlon TO the railroads concerning u
abolition Of grade crossings"
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