Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-02-01
PLAN PROSECUTION
OF R. R. OFFICIALS
east Orange Will Seek to Pun
ish for Grade Crossing
Injuries.

That East Orange is precluded
{ron bringing suit against the Lack
kwanna railroad TO secure the re-
movai OF grade crossings was the
contention OF Mayor Gregory today
IN statement bearing on the letter
sent him yesterday BY President
EruesdaIe, OF the Lacl<aWanna.
lie says he was advised of this fact
when making the effort to bring suit,
City Counsel Borden d. Whiting, L
former State railroad commissioner,
also made a statement in which he
took occas sion TO cite an opinion that
the company could be held criminaiiy
liable in case lives were lost at any
Of the grade crossings. and he VIII
move for the indictment OF Mr..
aruesdale and the directors should
any fatality occur.
East Orange has never brought
suit" said Mayor Gregory. I saw
Mr.. Truesdale in New York, and
within the first three months Of my
administration had written him after
had conferred with the railroad
committee of the city council, and
mad asked for further conference be-
tween the officials of the city and
company, to which Mr.. Truesdale re-
piled.
- will say frankly that it does
not seem to me worth While TO enter
into negotiations With the representa-
tives Of your city council for con-
tract by the terms OF. which our conn.,
pa1y will undertake the entire work
and EXPENSE Of eliminating the grade
crossings of our tracks through Jour
city on the lines indicated in your
letter.
Il took the matter up with MIR.
Whiting with q request that he bring
legal proceedings against the com
pany. He informed me that suit
was already pending against the
Lackawanna for the elimination OIL
its grade crossings in this city,
prougkt by the attorney general OF
She State at the instigation OF the
state Railroad Commission, winch
would preclude other action being
brought for the same. purpose.
II then further requested Ar.
whiting to write the attorney gem
Aral TO ascertain how the action was
progressing. Although we learned at
shat time that the suit had been
oendIng for several years, the case
mas never been brought to trial, and
ee could give us no assurance as TO
When it should be.
.'At the hearing last winter on the
Pierce bill | called the same state OF
affairs to the attention of the com
mission, and the attorney for the
I.aclSawanna stated that suit had
been improperly brought by the at
torney general Nevertheless the city
was precluded by the attorney gen
erals action from bringing an action
In its own name.
II reiterate that the city never
Brought action, and consequently has
not failed to prosecute such an &C
ton, and, much to its regret, is pre-
cluded from bringing an action, l am
advised. 1t Is natural to expect Mr..
Truesdale to put the responsibility
elsewhere than where it belongs, Tor
the facts in the case are such that in
my Judgment he and the officials OF
his road win not be able to escape the
criminal responsibility which will be
theirs should loss of life occur through
a grade crossing accident in the city.
1--WE serve public notice on Mr..
Truesdale and the other officers of
the company" said Mr.. Whiting,
'.that II death results at the crossings
we shall move for the indictment of
Mr.. Truesda1e and the board Of di-
rectors under whom he serves. The
time has passed when any group of
men, however powerful, can trade
upon an evil situation which they
themselves create to force an intel
iigent public to reiinquish it's own
rights in order to be rid of that evil. F"