Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-12-09


RUNNING CARS THROUGH THE STREETS By
STEAM.-Eesterday after our report of the case
of the parties charged with running trains
through the city by steam before Justice Wal
ter, the case was argued by the counsel.
Mr.. Bradley called the attention of the JUS
tice TO the statutes bearing on the case. The
formalitles of warrant and investigation
have been gone through with, although the
warrant was said to be defective. The parties
had, however pleaded to the warrant The
real purpose of the investigation is to deter
mine whether anuisance had been or is being
committed. Mr.. Bradley proceeded TO review
the evidence. He claimed, although the COM
pany use due care, yet their use OF 1T as at
present Is prejudicial TO the lives and health
Of the public. The present company have
leased the road from the Washington and Alex
andria company, and stand for them, and the
law authorizing the extension of the road ap-
piled TO the Orange AID Alexandria road. The
act of March 81, 1875, provides that they cannot
run through the streets or over the structure
across the Potomac unless the consent of the
Corporation is first obtained. They are also re-
quired TO keep the streets along the line of the
road in good repair. He would only invoke the
Justice TO use the measures for the abatement
of nuisances as granted.
Col. Wells said that the objection was that
the company ran their cars by steam. They
had proved that the trains were not run too
fast, and that precautions were used to prevent
accidents. They were willing TO obey any rea-
sonable order, and were willing that trains
should not run above three miles per hour,
have fiagman. The prosecution was a war
or the road because steam was used. He de-
nleu that the trans were run by steam without
the consent OF Congress, for the act of incorpo-
ratlOn uses the term, IS the rights of railroads.
and 1t did not mean horse railroads. Since 1861
the cars had been run by steam, and oblec-
ton was made. If the road is stopped, the
traffic to and from the South would cease, and
II was daily growing sometimes 400 bales OF
cotton per week being brought from Georgia.
The railroad bridge could not be used for
horses, and to compel the use of horses was TO
prohibit the road altogether from entering the
city He denied that the police OF the Justice
had any jurisdiction in the case. and asked
under being
He claimed that the section quoted gave power
to the police TO examine and Condemn inst
what was mentioned-ferry boats, slaughter
houses, manufactures, buildings and edifices-
and not railroads Better look after the canal
than the Orange and Alexandria railroad. The
prosecution was like the opposition 10 Stephen
sons locomotive in England, against which
the people complained on the ground that the
health of the city was impaired by inhaling
smoke. 1t is competent for the municipal au-
thOrlties to make regulations, and like law
abiding citizens they would respect such; but
he denied that the police possessed any power
in the case.
Mr Webb, for the defense, said that it must
Be shown TO the justice that the running of the
trains endangers the lives Of the citizens If
the Justice is satisfied that the officers of the
road are using the necessary precautiOn to pre-
vent accidents, he should let them go, and the
evidence tended to show such. The defense
was willing that II might be certified that the
company are ready TO be put under such rea-
sOnable restrictions as is seen fit although they
Were satisfied that the road does not come
within the meaning Of the act.
Mr.. J. b Stewart, for the defense, said the
company was exercising every precaution and
self-interest would prompt them to do So as
also humanity. There was not a complaint as
to the running, but the objection was that
steam was used. The prosecution contended
that the consent of Congress or the Corporation
had not been q ven to use the steam, which he
denied As long ago as July -, 1855, the Cor
poration of Washington had given its consent
10 running through the city, and passed a law
requiring the company to build the road along
Maryland avenue, LIST street, and Indiana ave-
which hp
work rotted in the ground, because they then
had not authority At that time to run across the
Potomac. At that time horse railroad was
not thought of, and two years before Mayor
Maury recommended that the city subscribe
S5O0O0O TO get the Orange and Alexandra Rail-
road TO run into this city, when the people of
the Seventh Ward, who now oppose the meas
are, were almost to a man in favor of il, they
being then afraid that the road would be car
ried 10 Georgetown. The Corporation had
given its consent TO running through the city,
and at this time there was bill before the
Aldermen which had passed the other branch
OF the Corporation, making certain regulations
as 10 the running of the cars
The road had not been shown in the investi-
CATION TO have been in fault, and if the cars
since the company had obtained possession of
the road had been run through the streets
recklessly he owned that there should be some
Law to prevent il, but he denied that such had
been the case. The corporation required in
1854 certain things to be done before they gave
its consent to running through the streets, and
they had had been done, and they had been in
possession Of the right since the bill giving CHI
consent not having been repealed. The simple
question TO be decided Is whether the running
Of the trains now is or is not contrary to the
statute, and IN his opinion it was not.
Mr.. Bradley, in closing, said that the ques-
ton lie, whether the road has been used in a
manner prejudicial TO the health of the citizens
and he asked If II was not so when the cars ran
at such rate OF speed that persons in crossing
the streets could scarcely escape, that the en-
gines frighten horses and cause them to run
away, &c He contended that they were vio-
lating the law by using steam in the Corporate
knew N ha "a
trade but thought that trade could continue If
steam was not used. The use OF the road at
present operates 10 the prejudice of the lives
and health of the community, and it was pub
lie nuisance to abate, which the Justice should
Issue his order as prescribed by law.
Justice Walter said he had listened TO the ar
guments attentively and would take IN eonsid-
Grafton in making up his decision which he
would give on Friday next.
CENTER MARKET, To-DAY-Beek best cuts.
per 10, 25c; next, 15a2Oc; Salt Beef I5a2Oc Dried
Lamb, 25e.; Lard, soc; Pork, fresh, 25c: corn
ed, 25e; Bacon, hams, uncut, 3Oc.; sliced 35c:
breasts, 2Sa3Oc.; shoulders, 25c. Butter, 4Oa6Oc ;
Chlckens, per pair 75c.asl.JO. Ducks, per pair,
s1.S0 Eggs, per dozen, 45c. Green Corn, per
Gned 9c LaeRR ie bh Pss e SlSU: sO1 Sscs
sOa5Gc. Potatoes, Irish, per peck, 40c.; Sweet,
5Oa6O cts. Peaches, dried, per quart, 25c:
Beans, butter, 25c.; white, 10al2c.; dried cher
per peek, 4Oc. Onions, COO per peck; bunch
onions sc, Carrots, sc. Fish-Rock, large, each,
81; small. bunch, SOC; Hallibut, pound, 25c.;
Sea Bas, l5c.; Blue Fish, 15c.; lobster, I5c.;
Sturgeon, 15c-; Pike, H., 2Oc., Perch, soc.
Mackerel, Be each. Rye, bushel, c.as1. 10.
Corn Meal, Sl.1OaS125. Shipstuff, soc. Brown
stuff, soc. Shorts, Csc. Corn, shelled, 81 ~; in
ear, Dbl, S5as6. Oats, bushel, 6Oc. BAY, per
cwt., s1aSl.25. Straw, soc .as1.25. Glover Hay,
S5caSl-25. Small Ducks, 75c as pr. Small Birds,
pernb-, 5Oal5Cc. Wild Pigeons, pair, 37kc. Can
yas-back Ducks, per pr, 81. Widgeons,per pair,
81 Celery, pr bunch, 1Oc. Krout, pr quart, l5c.
Gees, Sl-5O. Turkeys, 81 Sass. Eenison, fresh,
lh...d PartrldPpS. Gal
bage, per head, sails cents. Grapes, per quart,
1Oa20c. per pound, 81. Cranberries, per
quart, 2Uc; chestnuts, quart, 25c. Rabbits, 2Ja
80. Squirrels, 12X. WaInuts, SOC PIX HON.
my, qt.- Toe. Pumpkins, I5a75c. Wild Tur-
keys, S3as4- Country Pork, Sl5aSl6 per 100 lbs
Honey, per 10, 5UaGOc.
very fine lot Of pork was offered at the
scale house, which was purchased for Sl5asl Is
per 100. This advance Is caused by the cold
weather, which enables dealers TO hold their
meat.