The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-06-17
COMMISSION
TOO LENIENT
RAILROAD COMMISSION MAIN
TAINS ITS RIGHT TO CON-
STRUE RAILROAD LAWS
Governor Believes There is Limit OF
"Reasonableness" With Which
They May Be Considered.

Indianapolis, June 15.-The rail
sharp letter OF Governor Marshall
maintains its right to oonstnue the
railroad laws of the state. Recently
Governor Marshall had his attention
called by representative OF the rail-
way tranmen OF Terre Haute TO the
reading OF the law by the railroad
commission. This representative
complained that the trafnmen had not
had full consideration in the con-
struction OF the law, which moved
Governor Marshall to an investiga-
tpon OF the opinion. No foundation
was found FOR the complaint of lack
CT proper attention from the COM
mission for the trainmen, but Cover
ncr Marshall found other cause for
ceusurirg the commission.
In letter to the board he stated
the fact of the opinion having been
placed before him and complained
that it had emanated apparently at
the request OF the railroad companies,
without any proceeding before the
commission calling it forth. The gov
ernor further stated that the opinion
seemed to be Incense from the COM
mission to the railroads 10 start from
and leave 1T to the railroads 10 start
thereafter whether any emergency
arises for violation of the law Il pre-
sumo" said Governor Marshall, you
did not mean TO give such license"
He calls the attention OF the commits
sion to the fact that the full crew law
y penal statute and in its re-enact-
ment by the last legislature does not
mention THE commits sion,\ though in
the act OF 1907 it was stated as the
duty OF the commission to enforce
the law
The commission in its reply calls
attention to the provision of the ear
her statute making it responsible for
the law enforcement. and the fact that
prosecutions under the older statute
were still current when the new law
became effective The point where the
commissions duty began and ceased
isShard to define Under the act Gre
ating the commission the fact is also
mentioned that it is stated that the
duty OF the commission shall be the
enforcement OF the "a lroad laws OF
the state
In order to enforce the full crew
law, it is argued, it was found neces-
sary to constrme it. Without a con-
struction being placed upon the
measure, it was stated, the only en-
forcement possible would have been
through tests in the courts. In the
interest OF peace and 30 prevent iii
CATION, the commission states it
thought best to give the opinion
The reading OF the law given by the
commission stated that in strictly
emergency cases train enlarged en-
route, though starting with full
crew. should not be held violator of
the law, If at its destination the mum :
Der OF cars acquired called for an
extra man. This was not applicable
if the railroad company had any
knowledge of the additions to be
made enroute before starting.
An except on also was made in the
case of a fagman being forced to
leave before the departure of "a train
with no reasonable opportunity 10
fill his place, or when an emergency
train is made up on short notice, and
a hagnran of statutory qualifications
IS not obtainable.
Both the governor and the COM
mion disclaimed any statement that
there is hard feeling THE governor
is inclined to believe the commission
was too reasonable" with the rail
roads. The commissioners are in
clined to think they acted in the in
terests OF peace and the prevention
OF Irrigation. though they admit the
statute is penal one, and one which
they, perhaps were not called upon
TO cOnstrue.