The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-04

Favor the Running of the Cars
supreme Court in Equity7Judge Strong
Tie case OF John SpaIhawk ct dt. vs. Zoe UnOn
Pass snser Railway Conn., any, was calleu this morn
In for argument.
commenced by q. stuart Patterson, Esq. ne re-
ierred at opening to the stUckhodeTs Oil, when
we published on Tuesday iast. He argued that
under the of 1894 and the made there
under, the running of the cars on sunday rs prOhi-
bited he defendants contend that they al em.
powered to run tneil cars on sunday, by reason OF
a mail contract with the General Government. But
this corporation has no power to enter into such
Under the statute OF 1854, the Company is made
subject to the o. dinances OF Philadelphia one OF
which, passed in 1867, before the charter oil tho
Company, p ohlbIts the carry ing of ANYTHING but
passengers on the street railways. Neither has
tie Genera, Government the power to autho ize Its
agents to PASS the at eets of the city wi hout
beng subjeCL TO the municipal authorities, And II
a. ng es mas the poWer TO authorize me carrving of
tie mails lOugh the streets on Sunday this does
no. authorize the railway company to go beyond
the terms OF their con ract by carrying passengers
lor hire It's mo- even necessary tnat they should
un their tor that purpose, as the mails CoulG
be earned III any otuer klnd Of conveyance.
IN. Patterson then auverted to the bill filed by
private indNidUa who owned property aong the
IOIue OF the railway and who had been disturbed
III lie prIyacy of their homes, as wen their
pubnc worship IN the churches. lie Unclaimed
any intention OF baslng the case OF the Complain
an's on the abstract bearing Oi the question, pacng
it enurely on the right or every cIIEen of PhIa-
dephia TO Ireo and undisturbed enjoyment of the
Sabbath.
W. D. NICE ROY, Esq, continued the argument in
behalf OF The cOmpapants, contendlng that tne de-
lei dants we've IN Lourt the open viOaters OF
law, whle the compalnonts came into Court as its
supporters claiming the protection of their rights.
hU reviewed the entire history OF the SUNDAY laws
for the past one hundred and eiehty-iuur Years
during winch ng lerIoa their spirit had renamed
the saI e, altEouGh Their outward form had under
gone many changes.
10 show that the defendants were by implication
In their charter restricted to running thor
week days alone, he cited a case decided III the
supreme Court OF Pennsylvanla where liquor
dealer CLAIMED the ght to sell liquors on the SaJ-
bath, because his incense did no, expressly limit
traffic to six days III the week rhe decIsIon OF the
Court was in opposition to his claim.
IN 10 harms, lO9, the driver Of omnibus
fined ior drlvIDg his STAGE on the Sabbath, the
Court mann aiming that 1t in all respects, SINH
to any other secular empiOy yment In Grant, oil,
the supreme CoUrC eA pressIy decided that the
mug OF passenger car on the SabUath was an open
violation OF the act OF 1894 Compensation was not
sufficient remedy, til" Court mainta ned, since all
persons and corpora ions VINO found then laUOr on
TIE SaDeatu remUneratve would willingly pay the
fine prov ded by law.
Mr. hcEroy then adverted to the liberaity of the
State 10 Inns ompany tue terms OF the Iar,er
gIunted them The list OF streets over Which The
Company are entitled TO run her cars covers neary
thee pages OF printed octave pamphlet The
CHATTER was thst planLeO i'll 1864 ana ca Ii Legisa-
tur" since then has been appealed TO for an increase
OF privileges, and not in valu.
That the companies know they are in the wrong
is proved the TACT that last ner they appea ed
TO The Legislature for the additional privilege OF
running on Sunday. The bill introduced to provide
tOr The running OF the Gals Oh Sunday erred
to The Sena Committee Oh Wee and immortality,
WHO reported resolution, which was ADOPTED by
vote OF 70 10 Z declaring the iaWs should not be so
altered to al OW it In The House OF RepTeSen-
tatlves a bill providing the SUBMISSION of tne
question to the Leop!e was rejected by vote OF 90
10 36.
Ihe means by which the ompany have overriden
the law was characterized BY Mr. McE!roy as a
miseraOe subertuge The Company, by Their mail
contract authorized to make three Urlps in the
morning ana three IN The evening, but gradually
| they came to running their cars all day.
Mr.. hcElroI then read tho afidavlts which had
been FLED III support OF the bill OF cOmpla nants,
| testtying TO the interruption of public worship
| caused by the running of the cars sunday.
| \ great mum of aiidavts in behalf OF the de-
PENDANTS we're read by their counsel The TO lowing
are among the most important, and give general
| idea OF the whole:-
| William V. McGrath, PRESIDENT of the Company,
n know that a contract was entered into with the
United States Government for performing the local
sTne performance OF this service demands the use of
three cars twice in the DAY on N sGndsy to Wit three
and three cars in the afternoon between 6'4 and 81
That since he execution OF said contract the com
pany defendant have carried the mails In accordance
to all the various suO Post ohces or stations named
| n hat as many as sixteen thousand persons have
been carried over he line upon sunday, mainly
| women ana chi dren"
| ALERT Barnes, pastor OF the PIesby Ieran Church
| at Washington square, driven throuGh the ST., cts
III wagon or cal riag on Sunday, aud remarked at
the time, to a friend VINO was with me, that the
| waao on driven CV,r the cobbIe stones ma q more
nose than he passenger railway car run without
| bells"
Samuel Clapp conductor on the road, says:-
'Durng the period OF TunnIug the cars on Sundays
most every Sunday have carried passengers to the
church IN seventh stree Z beow Arch ! know this
after ashtDg from the car and from the tact too tna
Srecty ss IN 'front.' Of the cSurcS % have carried
gers IRON the church in seventh street. above Brown
have asked let them the nearest point q
St AIMS Church, at Richmond; / remember on ont
| OF my car at Rev Mr. Barnes Church Washington
WIEN the time o. nv car was changed, carried egerI
SUNDAY morning two clergymen and three or four lad.
and teachers rom what they and other persons in thu
sparhawk VS. Union PASSENGER Railway Company
John a. eST W6e rSs9ss les e NO; ISS s. Tenth street
II have attended divine worship at said church since
Hallway Company, have been running on sunday
noyed or distracted me during service ina, on tn
contrary, have not even been conscious, while Ii
II have attended dIxne service in said church OIL
IhankseiVmg1daS& vs. 8, Christmas @ aud oher DAYS 10 tn
the church at sho Intervals, and with be Is ed
the horses, and have not been disturbed or annOye
he running of street cars on Sunday would, in my
cany in the eastern part OF the city, Increase
attend such worship who would otherwise be unabl
way beneical to myse and tue public al large b
fac ang the going to church when places OF worshi
| are at distant points from p aces OF resldence; b
enabling those who closely condoed during he wee
Sy n G an rel P 1s f By PsgS
distant parts more easy and by ahOrdlng faeties fC
aree class Of the community indulge 10, in the absenC
There were thirty one Others OF similar purport
John C. Gfn f5s Sa TSssaRg at 81 30 ~ SOT!h Mint
has not in any way disturbed me- my family, or the
dents OF the house.
This affidavit was also subscribed to bv 2O7 othC
persons living along the route OF the Company
track, and another of similar import by 7e others
Twelve persons deposed that the running OF stree