Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-28
The Metropolifan Railroad Case-116 En-.
PIoyees of the Baltimore and Ohio Rail.
yonh

We briefly stated yesterday that Lieut. lex
left, Of the Fourth Ward, had, on warrant
issued by Justice Walter, arrested the men
Employed on the Metropolitan or Point OF
Rocks Railroad, on the complaint of Mr.. J.
h. Crane, Commissioner OF the fourtn ward.
Lieut. Ecklon went to the work with twelve
officers, and stated to M. Robert Murray, the
superintendent OF the work, his business, and
he Immediately ordered the men to cease work,
and they were marched to the station, where
their names were taken, the entire number be-
ing ZIG. At three O'Clock Justice Walter ap-
peared at the station for the purpose Of hearing
the case. when Messrs. Cox and Buchanan ap-
psared for the Railroad Company, Messrs.
Norris, LeeCh and Totten for the defendants
and Msssrs. Cook and Pierce for the prosecu-
ton. The affidavit of Mr.. j. Fl. Crane, Com
missioner Of the Fourth Ward, was read. Mr.
Crane says 'that about one hundred and fifty
men, whose names are to him unknown, are
engaged In digging couple OF trenches in
First street east, between X and N streets
north, below the established grade OF the city
of Washington, to a depth, according to his
best belief. OF at least six feet, without any per-
mission from the corporate authorities for do
ing said work and, as the said Com mis- Toner
believes, in violation of law and to the injury
OF said First street.
Judge Lssch moved TO dismiss the party
because there were no names mentioned, or a
single description given, and II was hardly
competent 10 arrest party unless name or
description was given. 1t would not be con-
tended tina, It was competent to arrest a
lopuiace. There Is no right given 10 the po-
lice 10 arrest a miscellaneous crowd The atfi-
davlt charges that about $50 men were engaged
IN this alleged violation of law. Why that
would include him. Laughter Who are
$50, and how can you render Judgment against
Them He begged pardon for speaking so
warmly. for he might be arrested If he was in
The vicinity. voics.-"Ye are right me boy:
tHey nave you sure II We had pick or shovel
Laughter
The JusIIce.-.The only difficulty in the way
Of that argument is that We have got them"
Mr.. Norris on, no.
The Justice.-ssThey can't leave"
Mr.. Norris-'les they can, though" He
had never seen such proceeding before there
We're always one or more names used. The af-
hdavit of Mr.. Crane is, That he believes, a..
below the grade" Why, what does he know
about the grade' The surveyor himself does
no; know that IL Is below the grade Mr.. Crane
may have long legs and short wings, but he
does not know anything about the grade
lLaushter.l Ii was Cooked up affair. Tue
AFFIDAVIT was 100 wide of the mark, charging
$50 men TO be engaged on the work when in fact
there Were but Il s. The warrant was proc cured
without foundation of fact, law, or what Is
worse than all, morality. The prosecution had
mistaken their remedy; they should have filed
bill In Equity for an Injunction. They do
not make the fight against the b. 4 q. r. II
company, but sgainst those laboring men.
They aim at these because they were the least
powerful. He thought the Justice would see
the propriety of dIsmissing the warrant. Would
You send IN the street and arrest ten men be-
cause larceny had been committed some.
where's 1t was preposterous, but not more so
than in this case.
Mr.. Cook said the defence seemed 10 be
alarmed.
Messrs. Norris and I.eech-~Why certainly.
for You can arrest us"
Mr.. Cook said the hens and ROSTERS were off
thelr eggs, and proceeded to argue that toe
warrant was perfectly legal. Suppose house
was set on fire, you surely would not cor tend
that the party should not be arrested because
no enc knew his name. He could be arrested
ana the name inserted in the warrant when as
Certalned. The police had arrested these par
ties, and they had their names. Congress had
authorIZed the construction of a railroad, and
these men We're engaged IN digging Sy the Bal
umore and Ohio railroad. 1t was violation
OF law, and the railroad could not authorize
violation of law. Cor gTess had given the city
exclusive jurisdiction over the streets, and
these men were cutting bitches each side OF the
street TO NIL up the track bed making a danger
ous place where persons may get ip jured, and
perhaps suit for damages would result for
which the city would be liable, as also the rail-
rOSd.
Col. Totten said that the question wss
whether the warrant was sufficient! The
affidavit charges that these parties have dug
two trenches. Why il is offence 10 dig up a
street; they had dug up a street near his orop-
erty and charged him 500 for II, and II these
men did not charge the property holders with
their work so much the better, Ilaughterl He
asked how they would impose fines on IIH
when there were but llj under arrest, he asked
that the warrant be dismissed.
Justice Walter said that there was no doubt
but that the affidavit and warrant were defac-
i've, but the Law gives the police OIL Ger power
taH
and he thought in this case tn officers sIw the
offence.
Lieut.. Eek'oF was swori. aud testified that
when he went out 10 10 make the arrest be slw
he parties digging TO the best OF bis knowledge
3 md belief below the grade
I be counsel for the defence asked for sepa-
rate trials Mr.. Ieech remarking that he ap-
peared for Gilligan, O'Hora and Madlganl
and after some discussion the Justice decitsd
mat they We're entitled 10 separate TRIALS
Mr.. Ccok.-We are now read to proceed. |
MI. Leech.-One moment. We should have
TINE 10 prepare our defence and he asked a
postponement, quoting the 9th section OF the
act OF February 22d, 1-67, which provides that
-sas enable time shall be given parties to make
ID ir defence.
Mr. Cook said that he would not oh ,ect 10 q
postponemept II security was given.
After some discussion the first case was set
FOR this afSrnoOn and Mr.. Murray gave secur-
ty for thSappearance Of the men.
Tins morning application was made 20 the
Mayor 10 allow the hands 20 place a track on
the bed of the road as al present, so that the
construction train can be carried farther north,
where II Is alleged that they can work on the
line without interfering with the grade; but the
Mayor replied that he would give no permit
whatever, but would see the "a enforced. In
consequence the work is at present suspended.
ana is likely TO remain so until the cases are
JudicIally settled.
The law referred to by Mayor Bowen is
probably section - Of The act Of January 18th,
lc5O, (Webb's Digest page 2l1,l which provides
that lit shall not be lawful for any person or
persons to make any ditch, drain. trench, gull
ley. or other excavation IN any street, avenue,
or alley Tor drains or other purposes, or cause
the same TO Re done without having
first obtained written permission froia the
Mayor, under a penalty Of not less
than two nor more than ten dollars for every
day the same or any portion thereof may con.
unue."
MsTRoPoLITAN POLICE BoARD-The Board
held an adjourned meeting at Us rooms, a pO-