Arkansas Governor Jim Guy Tucker signed into law a bill that limits liability in rail incidents or accidents involving a special passenger excursion train operated by a nonprofit sponsor in Arkansas. Act 1251 of 1995 was signed on April 13. The bill was sponsored by Senator Jay Bradford of Pine Bluff in an effort to help resolve increased trip insurance deductible requirements placed on CBRHS.

The impact of the bill is not known at this time, but it does limit damages arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train to $10 million. A recent editorial appeared in the Pine Bluff Commercial concerning the passage of Act 1251 and its possible impact. The editorial is reprinted in this issue of the Cotton Belt Star.

Arkansas is not the only state with legislation of this type. Kentucky recently passed a bill limiting liability arising from rail incidents involving special passenger excursion trains operated by non-profit sponsors. A bill has also been introduced in Texas to limit liability of passenger excursion train operators. Senate action is pending.

OK, we admit it. We miss the 819. There was the Fordyce on the Cotton Belt Festival last weekend, even an ad in this paper the week before showing the big steam engine ostensibly heading to Fordyce - the way it always used to be.

But when the time came, where was the 819? That wonderfully loud, 100-foot-long, 528,000-pound behemoth of a steam engine that shakes the ground when it hisses by and weakens the knees when its whistle blows. That marvel of machinery that can cruise at 100 miles an hour, brings kids running, makes folks wave and has ended up in all its steaming glory on more than one tourist brochure for our town.

Sidelined, again, at its stable in the Arkansas Railroad Museum. Which is a nice enough home for a steam engine, and plenty comfortable for this particular one. The museum space is where the 819 was built in 1943 and where it was restored - after languishing in Oakland Park for years - in 1986.

Oh, what could the matter be? A tired boiler, perhaps. A bent whatzit. A broken whizgig. Nope. Insurance. That's right, an increase in insurance.

Apparently because of the rising costs of settling accident cases over the years, the Cotton Belt company required the Cotton Belt Rail Historical Society - the group that rebuilt and operated the engine - now carry a whopping $200 million in insurance. It had been carrying $10 million. The increase was more than the group could afford - more than insurance companies would write - so Fordyce trips were canceled, as well as the three-day trips to Tyler, Texas, each fall.

But that was before this legislative session when state Sen. Jay Bradford stepped in to draft special legislation to get the Cotton Belt society some breathing room. The bill, which was signed by Gov. Tucker on April 13, calls for nonprofit operators of such special passenger excursion trains to carry at least $10 million in insurance - the same amount the society had been used to buying - and limiting the liability for accidents to the same amount.

Bradford said he had cleared the bill with the "higher ups" at the Cotton Belt and had even gotten a thumbs up from a group of trial lawyers who, he said, initially took a dim view of the limits on liability.

"The railroad has agreed to all of those provisions," said the senator, who wanted to make it clear that he does not sell insurance to the Cotton Belt society. "And quite frankly, I'm holding them to that bargain."

And apparently the approval from the Cotton Belt is the only thing standing in the way of firing up the old engine and taking her for a spin.

"We're just chomping at the bit to go," says Bennie Price, president of the society. "We're ready to go anytime, if we can just get by this insurance problem."

Bradford talked about the "gleam in the eyes of the volunteers who work on the 819 and help restore other vintage engines and cars. "They live and breathe that engine," he said. "It's so important to them."

But it's also important to the city as a whole. It has become synonymous with Pine Bluff, and is significant, both for its historical significance and as a public relations tool for the city. Wherever it goes, it's as if the city of Pine Bluff is sending a huge greeting card of goodwill - the kind of publicity that can't be bought or sold.

It's also just plain fun. Fun to ride, fun to watch, fun to hear, fun to talk about.

The Cotton Belt company continues to be quiet on the subject. But now that the insurance matter has been settled, we'd certainly like to report one day here soon that the newspaper had received a press release from the company that said the way had been cleared for the 819 to noisily pick up where it left off - bringing joy and lifting spirits all around.

Tickets, please. (Editorial in the Pine Bluff Commercial, April 28, 1995)

State of Arkansas

80th General Assembly

Regular Session, 1995

By: Senator Bradford

SENATE BILL 234

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1. (a)(1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train, shall not exceed ten million dollars ($10,000,000).

(2) This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.

(b) The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated, as named insureds. Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000). A nonprofit sponsor shall provide evidence of such coverage upon demand of the Arkansas State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated.

(c) As used in this section:

(1) "Nonprofit sponsor" means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. 501(c)(3) as amended; and

(2) "Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority.

SECTION 2. Nothing in this act shall be construed as requiring a railroad or rail authority to permit the operation of a special passenger excursion train over its tracks.

SECTION 3. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.

SECTION 4. It any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.

SECTION 5. All laws and parts of laws in conflict with this act are repealed.

Approved: Jim Guy Tucker

4/13/95 Governor

If you've been longing to see the magnificent 819 under steam and hear the whistle blow, mark your calendar now for Saturday, June 24. Plans are to steam up the 4-8-4 on this day for some maintenance, testing and exercising.

This will be a great day to bring the family out to the museum to enjoy the sights of sounds of a real steam locomotive.

As exciting and terrifying as that was to a kid, I never dreamed it would be even more exciting and stressful as a railroad employee.

In the early 1940s the Cotton Belt experienced a shortage of telegraph operators and train dispatchers. One night I overheard Superintendent Ferguson conversing with Third Trick Dispatcher "Slim Colyar."

Slim Said: "We need more operators. Too many blind sidings," to which Superintendent Ferguson replied: "Slim, you've got more operators now than you can handle."

Business got so good the company installed a full set of Dispatchers in the freight depot at Lewisville, Arkansas and split the 152 mile Pine Bluff Sub-division at McNeil. They set up a janus-faced desk, the north operator to work with the Lewisville Dispatcher to cover McNeil to Texarkana. The south operator was to work with the Pine Bluff Dispatcher covering McNeil to Pine Bluff Shops.

Problem was they didn't have the three operators. On third trick I would run from one side of the table to the other, copying orders all night from both dispatchers, often with both dispatchers calling me at the same time.

Another problem was the fact that as a rule only First and Third class trains stopped at McNeil; Second class and Extra trains rolled through at high speed, so the operator had to act quickly. I noticed though that under the new arrangement those freight trains reduced speed somewhat, for, in both directions, they were picking up seven or eight train orders, entering "dark territory" and having to hurriedly digest their orders.

I was never a day sleeper, and some nights I showed up at 11:45 p.m. still sleepy and in a foul mood. On this particular night I signed the operator's transfer, with eight train orders on each side, trying to comprehend what they all said. The Dispatcher's phone rang and a voice I'd never heard before said: "Clear Extra 779 South." I didn't respond because I saw I had seven train orders for Extra 779 South and something was wrong.

Again the Dispatcher rang and in a very mean voice said: "I thought I told you to clear Extra 779 South."

By that time I had it figured out and I immediately said: "Extra 779 South meets Extra 802 North TWICE at Crossover Waldo and again at Buckner. Clear Extra 779 South with order numbers 145, 147, 149, 151, 152, 155 and 160."

All the time I was enumerating those seven train order numbers I could overhear that Dispatcher desperately trying to interrupt me, but I was mad and I continued. Needless to say, he immediately annulled one of the meets.

Everyday back then your job was on the line. On occasion I made it a rule to always read my company mail before going on duty, making sure I was still working.

Talk about excitement!

(Editor's Note: Document copies submitted by CBRHS member P. B. Wooldridge)

The Tyler Tap Chapter of CBRHS is planning a Christmas Train Show to raise funds to help establish a public railroad museum in Tyler's soon-to-be restored Cotton Belt Depot. The event is scheduled for Saturday, November 18 from 10 a.m. to 5 p.m., and Sunday, November 19 from 10 a.m. to 4 p.m. The train show will take place at the Tyler Howard Johnson, which is located at 2843 WNW Loop 323 in Tyler.

The Christmas Train Show will feature over 4,500 square feet of railroad memorabilia, model trains, track and accessories. Door prizes will be awarded hourly. All scales will be represented, N, HO, O and G. A model railroad club will display a working modular layout.

Vendors interested in operating a table at the show should contact Gerald Cooper, P. O. Box 413, Whitehouse, TX 75791 (Phone: 903-839-2501). A special flat room rate is available to vendors at Howard Johnson. A block of rooms has been reserved for the Christmas Train Show.

This promises to be a great train show the weekend before Thanksgiving. Mark your calendar and help spread the word.

The Retired and Senior Volunteer Program (RSVP) is a big asset to the Cotton Belt Rail Historical Society, Inc. Senior volunteers are working toward manning the Arkansas Railroad Museum from 9 a.m. to 3 p.m. Monday through Friday. The extra people that we have are a blessing for the CBRHS.

At the time of this newsletter, there are fifteen regular volunteers and five that are available on call. This is a big help when we know that there is going to be a large number of visitors such as a school or when the Delta Queen docks.

We would like to have all the assistance we can get. If you are 55 or over and would like to be a volunteer, please call the RSVP office and talk to Harriet or Flo at (501) 534-2156. If you volunteer through the RSVP, you are covered by on-the-job accident and liability access insurance while you are there and going to and from your volunteer post at no cost to you. (CBRHS President Bennie Price)

The following incident reminds me of the proverbial big red Hereford bull that found himself in a surgical collision with one of our hot southbound freight trains that converted him into a steer. That big red bovine, which survived the calamity in his converted state, ever after stood around looking mighty damn blue. That's the way it was with the old bascule bridge that carries our line across the White River near Clarendon, Arkansas.

One day in March of 1965, a train of gondolas loaded with automobile frames that had shifted, knocked the trusses out of one side of the span. Calling me into his office, Vice President-Operations W. H. Hudson instructed me to take a camera and get up there as soon as possible and make photographic records of each damaged member of the extended bridge. It's a snap, I thought as I sped north to the location and, on arrival, prepared my camera and my psyche to make my way to the site at the south end of the bridge where Chief Engineer John Lowry and his crew had set up shop.

Warily making my way, uncertainly I hasten to add, as I inched out onto the span - I made the frightening discovery that not only were the trusses out, but the bridge had no floor except the wide-set ties bearing the rails. Looking down I could see nothing but the dark swirling waters of the stream below. Dusk was falling rapidly...and, incidentally, so was the temperature from about 65 degrees to about 35 degrees Fahrenheit. The sweat pouring from my face and body wasn't from heat...it was the product of sheer terror.

The further out I got the higher the bridge became...and the deeper the water below. I confess I moved in absolute dread as I spent the darkening hours of that day shooting film by the dozens. Making my way back I kept myself glued to any solid steel on which I could find a handhold...blessing Harry Hudson at every step.

That proud bridge, originally constructed to open to allow steamboats and barges unobstructed passage up and down the river, was repaired as a stationary bridge when Mr. Hudson learned there hadn't been a boat on that water for more than a quarter century. Like that proud red Hereford with the big white face that suddenly found itself to be a steer, that once proud bascule bridge looks might damn blue these days - having lost its ability to accommodate marine commerce.

To this very day I couldn't say that Mr. Hudson ever used those hard won photographs. But, no matter, I still hold him in highest regard; a great man to have worked for and with...and as a warm personal friend.

(Editor's Note: M. W. Hamil, retired Cotton Belt News editor and public relations officer, resides in Tyler, Texas.)

The Pine Bluff Convention and Visitors Bureau recently prepared a new brochure for the Arkansas Railroad Museum. The new brochure features a color photo of 819 highballing and the slogan "Positively Smokin'!" The inside of the brochure features a stunning night shot of the 4-8-4 and the accompanying text includes some facts about the locomotive, such as size and fuel and water consumption rates.

The brochure also includes several color photos of the interior of the museum and the history of selected passenger equipment. Even the museum gift shop is noted, with a brief list of items available for sale by CBRHS.

The Convention and Visitors Bureau has produced several brochures during the past few years for the Arkansas Railroad Museum. This latest effort is the best yet and will certainly help spread the word about the Arkansas Railroad Museum and the Legendary 819.

Several days later I was sent to my first railroad job, third trick at Bearden, Arkansas. I'd waited two years for a railroad job, but I had a morbid fear of that first night on duty. There's all the difference in the world, loafing around a depot, learning all you can be looking over the operator's shoulder, and sitting in the hot-seat yourself, with a train approaching at 65 MPH, and the Dispatcher saying: "Copy 5 North, and don't stop him!"

But I was very lucky. My angel came in the form of the third trick operator, Homer Ingram, who took off three days and gave me my first opportunity. He stayed with me that first night, looking over MY shoulder, for eight long hours. Without him I might not have lasted for 44 years, and at the time he was a perfect stranger.

Bearden is on a long straight-away and was a race track for these steam locomotives. Southbound they were dropping off Little Bay Hill and Northbound they were making a run for it. I dreaded the possibility of missing a train order hoop on these 65-70 MPH freights, but Ingram came to my rescue. I'd stand at the usual location to deliver orders, and Ingram would be about 20 yards away, ready with another hoop in case I missed. That wasn't necessary, but it was very reassuring to a beginner.

The years dim my memory, but I do recall delivering orders to a fast northbound freight shortly after dawn that morning. I'd braced myself to hand-up, with the train about a half mile out, when who should come strolling nonchalantly down the station platform but a Rhode Island Red Rooster with his harem of three hens, unmindful of their danger. I shooed them off the platform just in time.

Back then the most important unwritten rule was: STAY OUT OF THE TYPEWRITER. The typewriter was located in the Superintendent's office at Pine Bluff Shops, and was kept busy by all the infractions that occurred daily. Ingram had just received a letter from the Superintendent's office because of the following:

In an effort to get Engineers to reduce speed while picking up train orders, Ingram would hide behind the depot until the Engineers would reduce speed, then he'd emerge from hiding, dashing out with orders ready to deliver. One northbound fast freight stopped and took water as a result, and Ingram was instructed to do otherwise.

With Ingram's help I did well that first night, and at the end felt like a veteran. During the night the Dispatcher, W. W. Cook, made a statement to another operator which I overheard: "That new kid at Bearden is a pistol." He never knew, of course, that I had an assistant.

I could understand Ingram's reluctance to deliver orders to fast freights. It was no fun standing less than three feet from a train moving 65-70 MPH while handing-up orders clipped to a cane hoop, to both engine and caboose.

Been worried about the belated issue of the Cotton Belt Star, but you finally came out with a dandy. Glad to hear from L. T. "Hoot" Gipson, who proves himself quite an expert on coffee. I worked with him at McNeil, Arkansas way back about 1940. And nice to see so many new members. Keep up the good work.

(Photo by Winston Green)

"old rails" together again - During a recent visit to Pine Bluff's Arkansas Railroad Museum, Earl Jones, left, of Tyler, Texas is reunited with Jack Stone of Pine Bluff, Arkansas onboard a steamed-up 819. Both men, members of the CBRHS, are former locomotive engineers who retired from the Cotton Belt after a combined 81 years of service. Jones, who retired in 1984, and Stone, retiring in 1981, worked together in Tyler during the late 1940s. Stone fired for Jones and several other Cotton Belt engineers while working in East Texas before later returning to Pine Bluff to serve as an engineer.

(Photo by Winston Green)

FIRST PRINT PRESENTATION - The Tyler Tap Chapter recently presented Robert M. Nall, former president of the Cotton Belt, with the first reproduction of a watercolor painting by Tyler artist Dana Adams. Pictured (left to right) are Chapter President Gerald Cooper, Nall, and Adams.