New-York tribune., 1918-12-12
Hylan Orders Arrest of F1ue
B. r. 7. Heads for Brighton Crash

scnger transportation: and the
lessee has covenanted to operate the
railroad and the existing railroads
carefully and sklfully, according to
the highest standards of railway
operation; to supply adequate equip
mcnt; to run trains SO as to furnish
adequate service; to use the best
safety devices
"lf the testimony in this case is
true it would appear that the Public
Service Commission, and particularly
the members of this commission who
have had long years of experience
on the commission, have been fla
grantly derelict and wilfully ncgli-
gent in the performance of the~duty
imposed on them by the public SER
vice commission law. in that the COM
mission failed to properly inspect the
construction or reconstruction work at
Malbone Street, to see that it was
allowed to pass along and over this
reconstructed track, and that it per-
mitted, without protest, radical
changes from the original plan and
specifications in the character of the
rails laid at this point, having al
lowed, according to the testimony Of
Menden. the engineer, the outside
rail to be changed from an elevation
of five inches to two inches, thereby
causing the cars of the train run
ming at a fast rate of speed around
this curve to lurch or sway over and
strike the concrete pier or support
ing wall, resulting in the death of
over ninety persons and injuring ap-
proximately two hundred others.
Commission Is Blamed
"The Public Service Commission
failed to compel the installation of
proper signals or speed regulation
devices which would have checked
the speed of the train running over
q certain rate of speed. The installa
tion of such device would have
prevented such a disaster, even
though an inexperienced motorman
was operating the train, or the death
motorman while operating the train,
regardless of the faulty construction
in the curve.
"No examination, inspection or in
quiry whatever appears to have been
made by the Public Service Commits
sion into the kind, character or com
potency of the motormen employed
or as to the signals or safeguards
needed on this railroad, notwith-
standing the duty imposed upon
them either by the law under which
they exist, namely, the public ser
vice commission law, the railroad
law or the provisions of Contract No.
4, made and executed under the rapid
transit law.
Wants Lewis to Act
"In view of these conditions, deem
it my duty to recommend to District
Attorney Lewis, who has so fear
lessly and ably carried on the pres
ent investigation, that a careful in
vestigation be made and the facts be
presented to the grand jury of this
county, under his direction, into the
conduct of the Public Service Com
mission for the 1st District, to ascer-
tain whether or not Section 1841 Of
the penal law has been violated,
which is as follows:
"'A public officer or person hold
ing public trust or employment,
upon whom any duty is enjoined by
law, who wilfully neglects to per-
form the duty, is guilty of a msde-
meanor';
"And also to ascertain whether or
not crime has been committed be-
cause of the apparent culpable and
wilful neglect of duty of the Pub
lie Service Commission in violation
of Section 1862, Subdivision 3, of
the penal law, which is as follows:
"'Such homicide is manslaughter
in the second degree when commit
ted without design to effect death,
"By any act, procurement Or
culpable negligence of any person
which, according to the provision
of this article, does not constitute
crime of murder in the first or
second degree, nor anslaughter in
the first degree"