The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-05-09
Friendly Suit Against Penn.
sylvania r. r. to Estab-
lish Acts Validity.
WABASH COMES NEXT
Senator Hugg In Behalf of Railroad
Commission Files Information
Against Violators.

Indianapolis. May 9-state Senator
Martin Hugg, special counsel for the
railroad commission, today filed an af-
fidavit in the Marion county criminal
court formally charging the Pennsyl
vania railroad with being guilty of
violating the full train crew law,
passed by the last legislature and
asking that the penalties provided for
the refusal of the companies to obey
this law be enforced against the rail
roads.
This is the first step in the suit that
the railroad commission has determin-
ed upon to test the constitutionality
of the full crew law. The terms of the
suit were agreed upon, so far as the
terms of a criminal prosecution can be
agreed upon The railroads have
agreed among themselves that the suit
shall be directed against the Pennsyl
vania and Wabash. The suit against
the Wabash has not been filed as yet.
Complaint Against Fast Mail.
The complaint, sworn TO by L. r.
The complaint, sworn to by L. F.
road commission. concerns itself with
the operations of the fast mail train
west on the Pennsylvania, known as
/ L.
ril "a, the railroad did then and there
! operate and run over its said railroad
it's said mail train, No. IL, consisting
of five or morem all cars, to-wit: seven
mail cars, carrying thereon for hire the
mails of the United tSates of America,
and did then and there carry for hire
the mails from the said city of Co
lumbus, Ohio, to the eastern boundary
I
westward over>its said railroad through
the counties of Wayne. Henry and Han
cock, in the state of Indiana, to the
eastern boundary line of Marion coun-
ty, thence to and in the city of In
dianapolis." Then the affldavit pro-
ceeds to state that part of this trip
from the eastern boundary line of
Indiana to Indiapaolis was taken un-
lawfully because of the fact that it
did not have a full train crew as pro-
vided for by the statutes, having only
an engineer, fireman, conductor and
one brakeman. The company had no
hagman. as the law provides.
All of which, according to the com
plant, rs contrary to the form of the
statutes In such cases made and pro-
vided for and against the peace and
. dignity Oh the SidlG VI AlAuiehiieA tiS e'A
fiant is informed and verify believes
Concerns Interstate Traffic Trains.
Two facts concerning this affidavit
are of interest: One is that the af-
fidavit deals with only case of mail
and passenger violation of the law
And the other is that 1T concerns in
terstate traffic trains.
The railroads have agreed to submit
| to the full crew law, far as 1t re-
lates to trains operating wholly with
in this state, hence the necessity fol
proceeding against one that was en-
gagged in interstate traffic business
These are the trains that the railroads
refuse to equip with so-called full
train crews.
Senator Hugg said today that the
question of a full train crew for freight
trains was thought to be included il
the decision that will be given, witt
respect to passenger and mail trains
IF the commission wins this suit
I do not believe that the companies vii
contest the law so far as it applies
TO freight trains" said he today. Pas
senger and mail trains are enough fol
a test suit"
1t is understood that no suit is now
contemplated with respect to the six
teen hour law, as the railroads expires:
a willingness to observe 1t.