THE RAILWAY CROSSING REGULATION.

Evening Star, Issue 6849, 13 March 1885, Page 2

THE RAILWAY CROSSING REGULATION.

The railway authorities have recently adopted the course of rigidly enforcing the regulation forbidding vehicles passing over railway level crossings at other than a walking pace, and within the last week or so the Justices at the City Police Court have been called upon frequently to fine offenders. This morning five defendants made their appearance, and among them was the coachman of Mr E. B. Cargill. The latter explained to the Bench that on the occasion that his coachman committed the offence charged he was driving him to the railway station to catch a train. He was not warned in any way that he must walk over the crossing, but immediately he crossed an official pounced upon him and took his name. This seemed to him (Mr Cargill) a very oppressive and tyrannical administration of the law; that instead of a man being stationed to give some warning, people were allowed to drive over the crossing, and then summoned. Such a practice was a reproach to the administration of the law. He (Mr Cargill) had no more idea of breaking the law than the Bench had at that moment. Mr Eliott, J.P.: There is no doubt about thqt. At the same time, Mr Cargill, you are always supposed to know the law. Mr Cargill: But this law has not been enforced for a long time back, and, without notice, it has been suddenly brought into force, and people are consequently caught in a trap. Laws are not to be used as traps to catch fines. I may tell you that no one has the slighest idea that the law is being enforced in regard to the Kensington crossing at anyrate. I have driven backwards and forward there every day, and I never had the slightest notion that I was breaking the law. I may only just adil this, that the enforcing of the regulation at a place like the Kensington crossing will end in some disastrous accident, through the choking of a most busy thoroughfare. I had the narrowest escape the other day, and if my horse had been walking I should have been dashed to pieces. The train comes round the corner so quickly. Mr Eliott; Well, you know the Bench cannot interfere in a case of the kind. They can only administer the law as they find it. Mr Cargill: I take the opportunity of saying here as a citizen of Dimedip that it is a very tyramdual regijlatipn, and that it is being put into force in a very arbitrary way. I must protest against it. Of course, I must submit to the fine,

Mr Eliott: We cannot do anything but administer tho law,

Mr Cargill: Of course I understand that. Mr Eliott: Only the day before yesterday, after fining several people for this same offence, I drove over a crossing at more than a walking pace, anil I was pulled up and told that I would be fined if I did it again. Mr Cargill: If I had been treated in a similar fashion I would not complain. Mr Eliott: Well, you know now that you must not do this.

Mr Cargill then went to pay the fis fine which had been made, and on being told that 7s costs had also to be paid he appealed to the Bench to say whether in a case of the kind a person should be called upon to pay costs, Mr Eliott said it was the usual thing for all defendants who were fined to pay costs also. Mr Cargill: Well, sir, that is very oppressive. A flue should surely sufficiently meet a case of this sort.

Mr Eliott: lam very sorry; I cannot help you. Mr Cargill: I protest against it. I do, sir ; it is not fair,

Mr Eliott : I would advise you to appeal to the Government.

Mr Cargill; Ido not think that in a case of this sort costs should he imposed. Mr Eliott: We cannot do anything in the matter now.

Mr Cargill: You are not obliged to ijnposp costs.

Mr Eliott: Costs having been imposed, the

Bench can do nothing else than require them to be paid. Mr Cargill; This is really making the administration of the hw a means of raising revenue from the lieges. 1 think it is very unfair. There will be some “kick-up” about this. The people will not suffer this sort of thing.