Lake State Railway has been the little train that could in northeastern Michigan since 1992. Criminal charges linking it to a wildfire near Grayling two years ago smudge that reputation.
Lake State currently runs a daily train north from Bay City to Alpena along Lake Huron. The company was formed 18 years ago after acquiring railroad lines previously operated by Detroit & Mackinac Railway Co., which was considering abandonment of the line because of financial losses.
State Attorney General Mike Cox issued criminal charges against Lake State on Feb. 15, claiming that it "knowingly operated an unsafe train engine" by failing to equip it with standard spark arresters. He alleged that sparks from the engine ignited an April 24, 2008, fire that burned 1,300 acres south of Grayling and also another fire six days later in Arenac County.
The Crawford fire lasted only hours, but forced the closure of I-75 and other roadways while crews battled the blaze. Flames reached well above the treetops, and about 50 homes in a nearby subdivision were evacuated. For a time, many Grayling-area residents worried that the fast-moving fire would spread to the city.
LSR faces two felony counts of setting fire to a forestland and two misdemeanor counts of operating an engine without spark arresters. The charges in the two counties are based on a Department of Natural Resources investigation.
An arraignment on the Crawford County charges is scheduled for March 16 in 87th District Court in Grayling.
Railway attorneys have told company employees not to talk to the press about the case, so it is difficult to know short- and long-term effects of the felony charges against Lake State, if convicted.
Vice President Mark Nagy has said before that company officials do not think their equipment started the massive blaze.
The criminal charges are not good news for the railway, and possibly industries and businesses in the northeast corner of the Lower Peninsula that ship freight by rail. If convicted, LSR could be ordered to pay fines and full restitution. The estimated cost of the fire totaled $934,000 -- $464,000 in lost timber, $370,000 in personal property loss and $100,000 for firefighting.
The cost of arresters -- if it is found engines were not equipped with them -- compared to possible restitution is peanuts.
The state Department of Natural Resources is to be commended for pursuing its two-year investigation, and Cox is right to file charges if evidence indicates that the company is responsible.
Wildfires anywhere, but especially in forested areas, are serious and deadly business. It is fortunate that no lives were lost.
Spark arresters and other safety equipment are a must for trains. The laws are there for a reason.
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