Railroad Vandalism
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If you have issues viewing or accessing this file contact us at NCJRS.gov. :J\ , ·r RAILROAD VANDALISM HEARING . BEFORE THE .SUBCOMMITTEE ON CRIME OF THE OOMMITTEE ON THE JUDIOIARY HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS FIRST SESSION ON H.R. 4507 RAILROAD VANDALISM MARoa 9, 1977 Serial No.3 '\ I if f \ ~ ~~ .•ted for the Use of the Committee on th~ Judiciary ~ ~ u.s. GOVERNMENT PRINTING OFFICE ~ ~ WASIDNGTON, 1977 \ COMMITTEE ON THE JUDlOIARY PETER W. RODINO, JR., New Jerse~l', Chairman JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois CONTENTS DON EDWARDS, California. CHARLES E. WIGGINS, California JOHN CON)?,ERS, JR., Michigan HAMILTON FISH, JR., New YO:k. JOSHUA EILBERG, Pelmsylvania M CALDWELL BUTLER, Virgmla ,. WALTER FLOWERS, Alabama WILLIAM S. COHEN, Maine WITNESSES JAMES R. MANN, South Carolina CARLOS J. MOORHEAD, California Bennett, Donald W., Associate Administrator 'for Safety, Department JOHN F. SEIBERLING, Ohio . JOHN M. ASHB ROOK, Ohio of 'l'ransportation ___ ~ ____________________________ ""'"'-£ ___ ~ ________ _ POKe GEORGE E. DANIELSON, california HENRY J. HYDE, Illinois ROBERT F. DRINAN, Massachusetts THOMAS N. KINDNESS, Ohio Urepared statement __ -- 0,-- "----- ________ -"].-::;'J..f-l-'-2 ____________ _ 65 BARBARA JORDAN, Texas HAROLD S. SAWYER, Michigan Hantman, Alfred, Chief, General Crimes Section, Department of Justice __ 72 Hughes, Hon. William J., a Representative in Congress from the State of 58 ELlZABETH HOLTZMAN, New York ~ewJersey __________________________ ~ ________________ ~ ________ _ ,'[ ROMANO L. MAZZOLI, Kentucky '/ WILLIAM J. HUGHES, New Jersey McCulloch,gineers ________________________________________________________ Edward L., vice preSident, Brotherhood of Locomotive En- _ 2 SAM B. HALL, JR., Texas Prepared statement __ .H. ________________________________________ . 16 LAMAR GUDGER, North Carolina Mann, Lawrence, attorney, WaShington, D.C ________________________ _ HAROLD L. VOLKMER, Missouri. 25 Snyder, James R, chairman of the Safety Committee of the Railway 50 HERBERT E. HARRIS II, Virginia Labor E)j:ecutives' Association __ ~ ___ ~ __ ~ __________________________ _ J'IM SANTINI, Neva.~a Prepared statement ___________________________ • _______________ _ 16 ALLEN E. ERTEL, Pennsylvaf\ia. .16 BILLY LEE EVANS, Georgia. Thrower,I~.C ___________________________________________________________ H. E., conductor, Seaboard Coast Line Railway, ROCkingham, _ ANTHONY C. BEILENSON, California Wiles, James E., engineer, ConRa.il, Trenton, N.L _____________ _____ _ 52 ALAN A. PARKER, General Coumd Yonker, RileYl brakeman, B. & O. Railroad, Cumberland, W. Va _________o _ .51 GARNER J. CUNE, Staff Director 52 FRANKLIN G. POLK, A880ciate C01l.mel ADDITIONAL MATERIAL "Improved Glazing Material in Windows of Locomotive Cab~ Railroad Passenger and Commuter Cars, Rapid Transit Cars, and uabooses," SUBCOMMITTEE ON CRIME Department ot Transportation. ____________ ~ _____________________ _ Text of H.R. 4507 ________________________________________________ _ 66 JOHN CONYERS, JR., Michigan, Chairman 3 , JOHN M ASHBROOK, Ohio , 'j ApPENDIX ELIZABETH HOLTZMAN, York HAROLD S. SAWYER, Michiga.n LAMAR GUDGER, North CarolmaNe~ !" HAROLD L. VOLKMER, Missouri Ame~ican Asso~iation of Rai~ro.ads, prepared statelI!-ent ____________ -: _._ -: __ SUmmary of Monthly StatIstical Reports of RaIlroad Police ActiVItIes, 79 ALLEN E. ERTEL, Penn~ylva.nia. LESLIE FREED, Cou1l8el Assooiation of American Railroads, April 1974 through December 1975 __ 95 THO)[AS N. BOYD, A830clate Counsel (III) (II) 77472-77473 U.S. Department of Justi.ce National Institute of Justice d d exactly as received from the This document .has, bee~ ~epr,o ui~epoints of view or opinions stated \ person or organlzalion onglnat;nt~ . authors and do not necessarily in this document are tho,s,e 0 e r 'as of the National Institute of ICI , . til represent the official posltton or po ~.~... Justice, Permission to reproduce this copyrtglll'etJ material has been granted by Public Domain U.S. House o.. f Representatives to the National Criminal Justice Reference Service (NCJRS). Further reproduction outSide. of th e NCJRS system requires permis- sion of the ~ht owner. ) ... RAILROAD VANDALI8M WEDNESDAY, MARCH 9, 1977 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ORIME OF THE OOMMITTEE ON THE JUDICIARY, Washington, D.O. The subcommittee'met at 10 a.m., room 2237, Rayburn House Office Building, the Honorable John Oonyers, Jr. [chairman of the subcommittee] presiding. Present: Representatives Oonyers, Gudger, Volkmer,' Ashbrook, and Sawyer. Staff present: Leslie E. Freed, counsel; Gene Gleason, investigator; Thomas N. Boyd, associate counsel; Dorothy O. Wadley and Martha K. Brown, assistants. Mr. CONYERS. Good morning. 'rhe subcommittee will come to order. The Subcommittee on Orime of the House Oommittee on the Judiciary is beginning hearings today on wha.t we consider to be a critical subject that has in some ways been ignored across the years by both branches of the Oongress; the question of railroad vandalism and some of the injuries and the serious damages that are a conse quence thereof. '. We have found out already that in 1976 there were some 42,564 acts of vandalism, which is dan~erous1 not only to the passengers, but also to people who man the trams on our Nation's railways. This vandalism cost has exceeded $5}~ million in 1976 alone. What we are trying to do here today is to focus on this problem of the injuries and the deaths that have resulted because of people shooting or throwing missiles at moving trains. We must ask the question whether there is any legislation at the Federal level that may be required, to remedy the problem. Because of the fact that one of the former members of the subcommittee, Mr. Hughes, of New· Jersey has introduced legislation, we thought this would be an appropriate time to address the issue. The subcommittee will com mence its work in this session of Oongress on these hearings. A complicating factor is that railroad employees, when they are injured, are not eligible for the benefits that might accrue under the Federal Employees Liability Act-::FELA-since, of course, railroad negligence is almost never involved. And so we have statistics from the Federal Railroad Administration that point out that there were 1,330 rail accidents over the last 10 or 11 years, and more than 20 people have been killed and hundreds injured. (1) ., ---------------, 2 3 We think that this is an important subject matter and, although 95TH CONGRESS there are at lea,st four parts of the United States Code, Title 18, that 1ST SESSrON apply, none specifically deaJs with the problem, thus we have legisla~ tion introduced by our colleague from New Jersey, the Honorable H. R.4507 Bill Hughes, a member of the committee. We are also going to hear testimony from the Department of Justice, from those who are working and operating on the railroads, and we have a letter from the American Association of Railroads &, to be introduced into the record, and we will ask the Federal Railroad IN THE lIOUSE OF R.EPR.ESENTATIVES Administration for their views. Are there any ~tatements by my colleagues before we begin? MA-llOlI 4, 1911 . Mr. ASHBROOK. Mr. Chairman, I certainly concur in everything .. Mr. Huarms introduccd tllC !ollowing bill; which wus l'Ciel'I'cd t tJ C you have said and I merely want to apologize in advance to my good lluttee on the Judiciary 0 Ie om· friend and able colleague, the gentleman from New Jersey. I would like the gentleman to understand he has other commitments. Unfor tunately--I should not say unfortunately-this morning, the Secretary of Labor is testifying before one of my other committees an:d I honestly think I probably should be present, since it is the picketing bill, and he has important statements to make, and I will be in and out. I want A BILL you to know, merely it is not because of the lack of interest in either ybur statement or the legislation here. To amelld title 18 of the United States Ood t • . • Thank you, Mr, Chairman. e 0 Impose cl'lll1Inal MI'. CONYERS. We now welcome our collen,gue, a former member of pe~nltles On certain persons who fire fil'earms or throw obJect.s at ccrtain railroad trains engines t . the subcommitt<:p" for his introductory remarks in connection with , , rno or umts Or this legislation. cars, and for other purposes. ' 1 TESTIMONY OF HON. WILLIAM 1. HUGHES, A REPRESENTATIVE Be it enacted by tlte Senate and llo1l f R IN CONGRESS FROM THE STATE OF NEW lERSEY 8e 0 .ep"esen[a~ 2 tives of tlte United St t fA' . Mr. HUGHES. Thank you, Mr. ChfLirman. ., a es 0 mel'wa 1.n Oongress assembled, I am going to say to the chairman and my colleagues on the sub~ 3 commit, tee that I regret not being able to rejoin you this year, but as That chapter 97' (rclating to railroads) of title 18 of the the chairman well knows, I did receive an assignment to the Sub~ 4 committee on Merchant Marine and Fisheries, and I have a number United States Oode is amended by adding at the end the· of different areas in my district, such as ocean dumping pertinent to 5 following lleW section: 200~mile limits, so that I just cannot do everything and, unfortunately, 6 I had to give up my aSSIgnment on the Subcommittee on Crime. "§ 1993. Committing acts dangerous to persons' on board .' Mr. Chairman, I want to commend you and the members of the <> 7 Subcommittee on Crime for soheduling this hearing today and focusing t trains I greater attention on the problem of railroad vandalism. ! I appreciate having this opportunity to testify and to discuss my 8 it (a) ,ul n weYer knowingly throws drol)S pro' t . legislation, H.R. 4507. , . ' Jec s, 01' III [A copy of H.R. 4507 follows:] I) 9 any manner p"opels nny object at 01' UPO.Ii any railroad tl'llin , \ 4 5 2 3 1 railroad engine, railroad motor unit, or railroad car used by 1 " (2.) For a violation of subsection (a) .