An investigation of the preceding table shows that 7 passengers were killed and 76 injured from causes beyond their own control, as compared with 4 killed and 124 injured in 1888.

The 7 thus killed were in the rear collisions which occurred as follows: On the West Shore road, near Kenwood, August 2d, 1889, 1 killed; on the Rome, Watertown and Ogdensburgh road, at Forest Lawn, August 10th, 1889, 3 killed; on the Hudson River road at Fishkill, November 8th, 1888, 1 killed; on the New York Central and Hudson River railroad near Spraker's Station, September 27th, 1889, 2 killed.

Of the 76 injured from causes beyond their own control, 32 received their injuries in the derailment on the New York Central and Hudson River railroad at Churchville Station, December 23d, 1888. The cause of the derailment was undiscovered.

The facts and circumstances attending these accidents were investigated by the Board. The reports will be found under the head of "Accidents," on p. 136 et seq., of the Appendix.

Sixteen employees were killed and 77 injured from causes beyond their own control, as compared with 30 killed and 110 injured in 1888, a very material decrease.

An inspection of the table shows that the causes of death and injury bear the same relation to each other as in previous years. Seven passengers were killed and 39 injured from getting on or off trains in motion, as compared with 8 and 24 respectively in 1888. It is a singular coincidence that the same number of employees were killed and injured, i. e., 7 and 39 respectively, from the same cause, as compared with 8 and 54 in 1888. As heretofore stated by the Board, greater care should be observed by passengers and employees in regard to this matter.

The most serious cause of death to employees was walking or being on track, resulting in 69 killed and 64 injured, as compared with 90 killed and 94 injured in 1888. This is a material decrease.

The next cause of death to employees was falling from trains, engine or cars, resulting in 41 killed and 64 injured, as compared with 32 killed and 90 injured in 1888. In addition to the employees thus killed and injured, there were 13 others killed and 13 injured, as compared with 11 killed and 17 injured in 1888.

The Board has repeatedly recommended the construction of a low railing around the roofs of freight cars for employees to catch in case of falling in stormy or slippery weather, or in consequence of a sudden jerk, either by stopping or a curve in the track.

As heretofore stated, a railing on the sides of the car (not on the ends), appears to be as necessary as the bulwarks of a vessel in a stormy sea. The Legislature has not regarded the recommendation, however, and it is again repeated.

The adoption of continuous train brakes would obviate the danger to trainmen that the railing is intended to reach. Until the adoption of the brakes, however, the railing is an inexpensive and most desirable measure of safety.

The subject of continuous brakes is under consideration by many railroads in the country, but little progress appears to have yet been made. The Board has not recommended legislation with regard to it, for the reason that great confusion would arise through different States requiring the adoption of different devices.

As hereinafter mentioned, under "Automatic couplers," it is a subject that might well be taken up by the Interstate Commerce Commission and a uniform brake recommended to be applied to all freight cars engaged in interstate commerce. The practical effect of this would be the adoption by all States of a uniform brake.

The cause leading to the third greatest number of deaths and to injuries nearly equal in number to all others was, as heretofore, coupling or uncoupling cars. The number of deaths was 27, injuries 364, as compared with 26 deaths and 480 injuries in 1888. The number of injuries is materially less deaths one more.

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The Board draws attention to what it has said in previous Reports upon this subject, and again repeats its language of last

year:

"Section 4 of chapter 439 of the Laws of 1884 provides that

'After July 1, 1886, no coupler shall be placed upon any new freight car to be built or purchased for use in whole or in part upon any steam railroad in this State, unless the same can be coupled and uncoupled automatically without the necessity of having a person guide the link, lift the pin by hand or go between the ends of the cars. The corporation, person or persons, operating such railroads violating the provisions of this section, shall be liable to a penalty not exeeeding $100 for each offense.'

"As pointed out by the Board in previous reports, great difficulty has been experienced by the railroads in determining upon an automatic car

coupler. Much confusion has resulted from different roads adopting different devices. A year ago it was hoped that a solution of this question was in sight in consequence of the Master Car Builders' Association having recommended for adoption what is known as the 'Janney Type,' i. e., a 'vertical plane coupler.' Connection is made by a movable knuckle fitting into and behind a corresponding knuckle in the opposite coupler. The Master Car Builders' Association has further recommended certain lines and dimensions to be adopted, so that different patents may couple automatically with each other. Some progress has been made, but not as rapid as it would appear desirable. Certainly the record of accidents from this cause as yet shows no diminution. The law is clear and positive upon the subject, and the Board is not aware of there being any violation of it. It is to be hoped that within a short time a diminution in these accidents can be reported."

The hope expressed by the Board last year has not been realized so far as deaths from this cause are concerned, but there is a material decrease in the number of injuries, i. e., 116.

In order to determine how far the law has been effective in securing the equipment of freight cars with automatic couplers, the Board has issued a circular calling upon the railroads of the State to report, first, the number of cars; second, the number equipped with automatic couplers and the pattern thereof. Answers have not been received at the time of this writing to enable the Board to report to the Legislature the results of its inquiries.

The great difficulty in the matter is that of the total number of cars operated at any one time within the State, a large proportion is the property of corporations without the State, and not, therefore, within the provisions of the law.

An act was passed last winter, being chapter 524 of the Laws of 1889, requiring that "all persons and corporations operating any line or lines of railway by steam power in this State shall, after the 1st day of November, 1892, equip all of their own engines and freight cars run and used in freight trains or other trains in this State with such automatic self-couplers."

The act does not prohibit, however, freight cars belonging to foreign corporations being run within the State, and consequently will not entirely remedy the evil.

The Board repeats here its response to an inquiry from the Interstate Commerce Commission upon this subject, in the language used in a report upon tests of automatic couplers, made

July the 1st, 1886, to be found on page 177 of the first volume of the report of the Board for 1886:

"To attain the main object of an automatic coupler, i. e., to save the lives and limbs of trainmen, it is most desirable that but one device should be in universal use. If there is diversity it will increase rather than diminish the present dangers.

"There appear to be but two ways for this to be brought about, one by the operation of the law of the 'survival of the fittest,' the other by the creation by Congress of a commission to determine upon one coupler and compel its adoption by all companies engaged in interstate commerce.

"The first method, it would seem, will be slow beyond all computation from present indications. There appears to be no good reason, however, why the second could not be done.

"Under its powers to 'regulate commerce among the several States,' Congress has already prescribed rules for the inspection of hulls and boilers of steamships, for the examination of engineers as to their competency, for vessels being provided with boats, life-preservers, and for many similar things to insure the safety of travel by water.

"It would seem that the same power could and should be exercised to insure safety in the operation of railroads.

"From the diversity of the recommendations made by the States which have already acted on the coupler question, it seems to be hopeless to secure unanimity from them acting separately.”

A large increase in the number of deaths to employees from catching foot in frog or between rails occurred, viz. Twelve killed and 9 injured, as compared with 5 killed and 1 injured in 1888.

The Board has from time to time recommended to different railroads the insertion of blocks in frogs and between rails to prevent this horrible form of accident. It is reported, however, by many of the railroad companies that this blocking rather promotes than prevents the accidents, for the reason that without the blocking a man can get his foot between the webs of the rails where the space is wider and thus extricate it, whereas, if the blocking prevents his getting his foot down to the wider space, it becomes wedged between the heads of the rails and there remains. It would be a most desirable thing if an effective device could be secured to prevent these accidents.

The most serious cause of deaths to "others," not employees or passengers, was as heretofore, walking or being on the track. This resulted in 284 deaths and 118 injuries, as against 245 deaths and 138 injuries in 1888.

The Board repeats its language in previous reports upon this subject:

"The sufferers generally, almost invariably, were trespassers, frequently suicides. The law forbids walking or being on the tracks of railroads and makes it a misdemeanor punishable with fine, but it seems practically impossible to enforce it in this country, particularly away from the cities. In the yards and depot grounds railroads make an effort to expel trespassers, but they meet with little encouragement from the civil authorities; this is particularly true with regard to children and beggars picking up coal and cinders. In view of the terrible loss of life incident to its violation the law should certainly be enforced with more vigor."

The next cause of death to "others," was being run over at highway crossings, resulting in 45 deaths and 46 injuries, as compared with 27 deaths and 34 injuries in 1888.

Of the killed and injured in 1889, 16 were killed and 16 injured at crossings protected by gates or flagmen, and 29 killed and 30 injured at crossings not so protected.

Were it the law that as a rule railroads should pass over or under highways, and should only be permitted to cross at grade by a special order of court, these constantly recurring casualties would be greatly reduced, if not entirely done away with. The Board has recommended to five successive Legislatures an amendment to the present law requiring newly constructed railroads to observe such a rule, and also providing for the separation of existing grades. The bill has failed in every case.

Another embarrassment results from the fact that highway commissioners are constantly opening new highways across railroads at grade. This they do under the present law. The Board is of the opinion that this law should be amended by inserting a provision that no new highway should be opened at grade across a railroad track except by order of court.

This subject is further discussed hereinafter, under the head of "Legislation," to which your attention is directed.

CHANGE OF MOTIVE POWER FOR STREET RAILROADS.

A statute was passed last winter, being chapter 531 of the Laws of 1889, amending section 12 of the General Street Railroad Act, substituting the Board of Railroad Commissioners for the local authorities of cities or villages, as the public authority to give consent for change of motive power by street railroads,