Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-06-04
United States Brings Action
Against Railway Company
For Working Employees Over
time In Train Service.
35 COUNTS ALLEGED;
FINES WOULD Br: $17500
Alleged InfraCtionS of Law Said
To Have Occurred Between
Here and Gallup and Gallup
and BeIen,

With a complaint involving thirty
five causes of action, each one of
them punishable by fine of $500,
and aggregating therefore $l7,500,
United States District Attorney Davic
j. Leahy filed a suit In the Second
territorial district court yesterday
morning in behalf Of the United States
against the Atchison, Topeka q Santa
Fc Railway company for violation of
what is known rs the hours of serv-
ice act
The official title of the act Is: AN
act to promote the safety of employees
and travellers upon railroads by limit
ing the hours of service of employees
thereon" and is generally known
among railroad men as the sixteen
hour law, because it provides that no
employe shall labor more than sixteen
consecutive hours
All the violations OF the law upon
which the government alleges its
cause of action occurred with the
month Of December, 1910, and were
on extra runs solely made between
this city and Gallup and Gallup and
Belen No less than seven times dur
ing that month, II is alleged, did the
Santa Fe railway allow whole train
up the thirty-five counts. each man
who works over the limit being con-
ssis' sf.--s n syi< Is ie.-ssssses ~ aetlu4 agssf
for which the company is liable to a
fine of $500. The complaint sets forth
that:
On December /, 1910, an extra
freight train cast, pulled by engine
S3l, worked the crew, composed Of
Edwin Sawyer engineer; l.. T. Szy
mansh. fireman; h. Armstrong, con-
ductor; p. f. Britt and George Giles
tein brakemen, from $50 in the
morning to 11:10 at night.
on December H. between Gallup
and Rclen, with engine S55, pulling
the load, the crew composed of r. H.
Hauenstein engineer; J. II. lIaynie,
fireman. G.. e. Wilson conductor; j.
Christie and A. Il. johnson. brake
men. We're worked from 9:45 on the
night of December IL to $3.50 in the
afternoon OF the following day.
Between Albuquerque and Gallup
on December ~, the crew, composed
of j. II. Anderson, engineer; II. G.
Parsons, fireman; w. V. Kelly, con-
ductor; A. w Sherer and r. Il. Rem
ey, hrakemen. worked from 6:45 D.
m. on the 18th until 1850 p. m. on
the following day This was on an
extra freight west, drawn by engine
SiS.
The return trip OF the same engine
crew on the same engine on the day
following was also outside the limit.
This time Il. Doyle, conductor G.. j,
Holmes and Nat r. Dixon. brak EN- IN
were the remainder of the train crew,
who were forced to work overtime.
ON December 81, the train again
pulled by engine SiS running from
this city to Gallup failed TO reach
Gallup until 4:05 o'clock OF The att
ernoon of December %, although the
start was made from Albuquerque at
ten minutes past six the night before
This time the following members Of
the crew were involved Il. r. Lintz
engineer; s. l. McQuillen, fireman;
5. II. Miller, conductor; II. Nj. feiD
and G. j. Holmes brakemen.
Another infraction, 1t is said, took
place on December % between this
city and Gallup. This was on extra
west. $50 leaving here at 12:46 a. m
Gallup was not reached until 9;O6 p,
m, or after some twenty-one hours
of service on the part of the tram
crew. The men, who composed TINS
crew were: ]. II. Anderson. engineer
$. ]. Oldlng. fireman; B. Armstrong
conductor; p. Il, Britt and Il. c.
Lloyd, brakemen.
on December e2 at 6:10 o'clock IN
tile morning. another train left this
city for Gallup. I II alleged, and fall
cd to reach there until 1905 o'clock
on the following day, making about
nineteen hours consecutive service.
The men composing this crew were:
+. II. Bryant, engineer: j. l.. Patter-
son, fireman; D. $. Houp. conductor;
II. c. ,Jiill and J, II. Fowler. brake
men.