TRACK DIDN'T LINE
When I knew that a train was approaching I saw the semaphore at the went end of the bridge near the switch piont go up. I knew then that a train was just passing the others semaphore east of the east end of the bridge," said Engineer William Wharum.
Guisenmeyer was on the front of the engine and we were nine car lengthsback from the switch point I asked my fireman whether the switch lined up for the main line, and he replied that it did not. I then pulled the whistle to give Switchman Guisenmeyer the signal and he started to run for the switch.
When I saw the semaphore go up I thought it was the late No. 9."
The witness stated that the engine and switchmen receive no orders after going out in the morning and that he worked under the foreman's orders entirely. He has been in the Colton yard five days, but had been with the company in Los Angeles for five years.
General Yardmaster W.J. McIntyre gave testimony that sharply contradicted that of Switch Foreman Alford. He declared that in working from the main line with an open and unprotected switch that the foreman had vialoated the company's most iron clad rules, furthermore trhat it was not his duty to notify the foreman as to a change of notice givnig the running time of trains, but that the foreman should have consulted the office, if in doubt, and that a train that is late is according to the rules of the company due until it arrives, no matter whetherreported 10 minutes or 10 hours late.
He stated that his duties are to surpervise the yards to see that trains are moved promptly and that the yard crews are kept at work. He stated thathe saw the first order in the morning regarding the running time of No. 9 and that at 11:16 another order was received which read: "All express 1st class, No.9 will run nine hours and 45 minutes late and No. 7 will run one hour and 50 minutes late. Beaumont and Mission Junctions, Signed H.V.P. 11:16 a.m. Pickley,Operartor.
This witness declared with great firmness that the rules of the company direct that the main switches shall be locked and lined up for the main line at all times.
NO DEVIATIONS ALLOWED
He declared emphatically that the company allowed no deviation from this rule, and that if it was violated he knew nothing about it; that the claim iof the men, that if they comiled with the rules in this respect they would not accomplish sufficient work to satisfy their superiors,was wrong, and that in this particular instance there was no necessity for leaving the switch open,furthermore that if the switch crew had not violated the rules there would have been no accident.
The yardmaster also emphasized the statement that the Overland should have come into the yards under control, and that the evidence that it was running at an excessive speed was seen in the frightful ruin which whad overtaken the train.
He stated that the engine would not have turned over had it not been making a high rate of speed.
Returning to the distribution of orders, McIntyre asserted that it was part of Alford's duties to ascertain during the day what new orders were received.
MUST NOT MAKE UP TIME
As to the statement which has been made that Engineer Warmington was trying to make up time, the yardmaster testified that he had never seen an order urging engineers to make up for lost time, and that if a dispatcher issues an order fixing the running time of the train as eight hours late the engineer cannontn make up that time without violating orders.
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