National news. (Chicago, Ill.) 1915-19??, 1916-04-12

viding IT is shown that the equipment
was in efficient and effective working
condition when the trip was begun.
Section "2' prescribes fine Of not
less than 800, nor more than $500
for each violation.
Al The Hearing.
II appeared on the hearing that the
Chicago, Indiana e. Southern Railway
Company had been consolidated with
the New York Central Railroad Com
pany. The other defendants answer
denies the jurisdiction Of the Commits
sion. denied violation of the statute !;
asserted that the statute was void a.
IN contravention Of Section 2, Art. IL
of the Illinois Constitution; that it de-
prlved the defendants of their proper
ty without due process of law in vio-
lation of the l4th Amendment of the
Federal Constitution: that it violated
the commerce clause of the Cons;itu-
tion; that it deprived the respondents
of the equal protection of the laws !;
and that the statute sas void because
indefinite and uncertain. The answer
also claimed that Congress had taken
jurisdiction of the matter by the
amendment of 1915 to the act in rela-
tlon to locomotive boilers.
The proof offered by the complain
ant consisted of the testimony of Z.
K. McCann, assistant engineer of the
Commission, ID. q. Wilson. investiga-
tor, and Frank +. Renshaw, safety ap-
pliance inspector. These men testified
TO number of tests made of head
lights on various engines in regular
operation in the movement of trains.
The manner of the tests was similar
in all cases. For example, a test was
made on the evening Of February ~.
1918. at Bemis, Illinois. on the Chica-
20. Indiana d Southern Railroad. a
part of the New York Central lines. A
test field 800 feet in length was laid
out and market at intervals Of 30
feet; Investigator Wilson and a mum
Der of the Engineers Brotherhood
boarded the engine. The engineer was
notified that headlight test Was to be
made, and was directed to look out for
a man standing in tis, track within a
/ mile of the Bemis yards. The witness,
McCann. in dark clothes, stood in the
center Of the track at the zero mark.
When the engineer gave the signal
that he saw the man in the track. Will
son Immediately dropped \ fuse as a
marker from the engine. and the dis
tance WAS measured and found TO be
but l27 feet.
The Testimony.
The testimony tended to show that
various railroad officials were present
at some Of the tests made, checked the
figures and observation. and allowed
the tests to proceed without criticism
Altogether l. such tests were made
including headlights on passenger and
freight engines in regular service, and
few on switch engines. The roads
on which these tests were made were
the Nandalia Railroad. the Chicago
Indiana & Southern Railway, the
Cleveland. Cincinnati. Chicago 4 St
Louis Railway. and the Pittsburg
Cincinnati. Chicago & 81. Louis Rail
| road
The distance at which the man or
the track was observed. as measured
in these tests. ranged from los tC
2i6iz feet. though in one instance tn,
witness jumped from the track wher
the engine was about 30 feet ava.
and no signal had been given.
These tests were taken under ordi
nary working conditions. except that
in each case the engineer had been no
titled in advance that the test Was I,
be made. IL can hardly be denied thai
the proof makes prlma facle case oi
non noncompliance with the statute.
The testimony in behalf of the res
pondents showed experiments and oh
servations On behalf of the railroad:
to ascertain the effectiveness of a -
inch Dressed headlight with MangiI
mirror. such as Is in common use
On June - and "a. 1914. near Dyer
Illinois. on level piece of track in III,
open country. where there we're M
trees and no shadows thrown. fiel,
of 300 feet was laid cut and markc'
at intervals of - feet IL was darl
night. clear. no moon. and the star
were shining Three men were sen
out To walk the track from the $50,
l. a. l.. l. 4