The Birmingham age-herald., 1907-09-28
SAFETY APPLIANCE
 WAS NEGLECTED Central Found Guilty in Federal
 Court FIRST CASE OF ITS KIND Fine of $1oo Assessed On Each e ,,sss. Other Railroads Will Have to Face the Same Charge
 Result.
FIRST CASE OF ITS KIND

The first case to be tried in Alabama for the violation of the safety-applianee act was heard in the federal court yesterday by Judge Hundley, the defendant being the Central of Georgia Railway company. The indictment was in two counts, and the jury found the defendant guilty in both. the penalty on each count being $lO0 for the first offense. Special Assistant United States Attorney Luther M Wal ter, for the interstate commerce com mission, and District Attorney Streit, ar gued for the state, while John London plead for the defendant
 The specific charge was that the chain attached to the coupling pin was defec- tive on two cars, Central of Georgia 11297 and 15629, both of which were inspected in the yards of the Central during the early part of February after having been trans. ferred from the A. c. s. yards, and after they had been inspected by the regular railroad inspectors.
 A similar charge is on the docket against the Southern Railway company and the Alabama Great Southern Rail- road company both of which have been continued until the next term of the court in December.
 Two witnesses were heard for the state. These two witnesses were the regular inspectors employed by the government. Four witnesses were prestntd by the de- fense. these witnesses being car inspec tors employed by the Central of Georgia and Alabama Great Southern railroads. For use as an illustration the government had two miniature cars in the courtroom. One was a box ear and the other fiat car both being perfect in every detail. Each was about two feet long and haa aluminium wheels. There was also an aluminium track for them to run on. The cost of their construction amounted to over $500.
 How Defective Cars Were Used.
 One of the defective railroad cars was loaded with coal at Blocton for shipment 10 Amercus, Ga, and the other was load ed with pig iron at Trussville for ship ment to New York via Savannah. None of the witnesses for the defense could say for sure whether they had inspected the ear or not, but claimed that he car could hardly nave passed them without the de feet being discovered. No records are kept of the cars inspected, the only record beins that of cars in which defects are found.
 The argument of the defense was that the railroad workmen. as well as their own lives. depended on their carefulness; that the defect cited was one that would be very easily noticed. and that for these reasons the government inspectors must have been over-zealous in their inspec- ton.
 The states position was that the two government inspectors were competent railroad men of long experience, one hav- ing been in the business for twenty-siX years and the other one since 1859.
 Judge Hundley in his charge stated that the case was that of a civil action. there being a statute penalty set by the court, and that the verdict must be eiher guilty or not guilty; that the pur- pose of the state was to protect the lives of the railroad employees and the travelling public. He then took occasion to speak of phase of the testimony which had not been presented by the at torneys-the relevancy of the couplings going into detail in explaining just how the statute regarded the coupling and un- coupling of cars.
 The case went to the jury at 5:50. and the verdict was returned in ten minutes.
 Tennessee Case Cited.
 One of the authorities used was the opinion handed down in a similar case in the United States district court for the western division of Tennessee, west ern division. which reads as follows:
 IL 1t is not necessary, in order to es- tablish a violation of the safety appliance act that a defective car must have been at the time of the alleged violation actual ly in use conveying commodities of inter state traffic. as otherwise the purpose of the act in question would be so far negatived as to well;night render it of no practical use.
 70. There is great danger to the employe in going between empty cars to couple and uncouple there is going between loaded cars for the like purpose.
 S. The phrase used in moving inter- state traffic does not mean that the car is actually loaded with interstate traffic and on it's journey from state to state at the time of the alleged violation, hut it's more natural meaning is that it is a car that has been used for such pupose stands ready, and is intended to be used for such purpose whenever needed.
 ''rhe fact that the defective cars in question were chained together for the purpose of taking them to defendants s shops for repair cannot avail the defend- ant. The statute makes no exception.