Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1935-04-18
Hundreds Attend ID
Funeral Rites For
School Children
Continued from page ~,

the bus has been quoted as saying
that he could not see through the rain
and mist and knew nothing of the APP
proach of the locomotive or even of
the crossing until he saw the head
lights bearing down upon him.
Many heroic actions were chronicl-
ed on the minds of Rockville citizens
as private individuals and members of
the Rockville Fire Department and
County police assisted in removing
the injured and unhurt. Due to the
fact that the bus was struck close to
the rear a dozen children escaped
death. The bus driver and the teacher
in charge, Miss Anna Louise Funk,
were uninjured.
Legality of the law which requires
the Baltimore & Ohio Railroad Co., to
maintain Waterman on the crossing
where IA high school students were
killed Thursday night when their
school bus was struck by a train, has
been questioned by a Rockville at
torney.
1t was upon this law, enacted many
years ago to cover that crossing and
forgotten about the same time, that
Montgomery County officials hoped to
collect approximately 100000 in fines
from the railroad, at the rate of $50 a
day for each day the crossing was not
guarded by Waterman until mid
night. The bus was struck at 11:26
P. M. Thursday. A sign at the cross
! ing announces Waterman is on duty
from 6 A. M. until 10 P. M.
An attorney, who asked that his
name not be used, said the Montgom-
cry County law parallels another
statute which the Maryland Court of
Appeals declared unconstitutional as
"class legislation"
Despite this opinion, Edward Peter,
counsel for the board of county COM
missioners, wrote Herbert R. O'Conor,
attorney general, and asked his opin-
ion of the law. Peter cited Prince
Georges County law similar to the
Montgomery statute, but held uncon-
stitutional by the Court of Appeals
because it dealt with crossings outside
of corporate limits, whereas the Rock
vile crossing is and has been within
the incorporated limits of the city.
Representatives of the Interstate
Commerce Commission this week con-
ferred with James A. Pugh, States
attorney for Montgomery County,
after which it was announced the I. c..
G. would withhold judgment of blame
until the criminal charge lodged by
Montgomery County police had been
settled. This action was decided upon,
it was stated, in order not to pre-
JUDGE the county's case.
Possibility of manslaughter charges
being filed against James A. Shew-
bridge, engineer, was indicated yes
terday by States Attorney James H.
Pugh. Because of the absence Of
coroners in the county, Pugh explain
ed that fact-fnding proceedings must
be carried on through the preferring
and hearing of criminal charges.
Prior to Mr.. Pugh's announcement
the Board of Commissioners Of Mont
gomery County Tuesday took steps
to hasten elimination of the crossing
and to determine responsibility of the
railway company for not maintaining
additional safeguards there.
The commissioners authorized a
letter to President Roosevelt asking
him to take favorable action on the
application, already made. which
would release to the State its share of
the $4,S80, 100000 public works fund
allotted for grade crossing elimina-
ton.
A second letter was ordered sent to
the railway company requesting that
safety gates be provided at the cross
ing and that a Waterman be kept on
duty from A. M. until midnight, as
provided in a 23-year-old statute re-
Gently discovered, and also from mid
night until 6 A. NJ, pending elimina-
tion of the CROSSING