The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1884-07-21
RUNNING OF TRAINS IN THE CITY.
The law ana Its Application to the
Baltimore A. Ohio Railroad.

hnIuhulOEO ~ OhlO hhUhAhVoAs
The prosecutions against the Baltimore &
Ohio Railroad authorities, growing out of
the recent accident on tho Y, for running
their trains faster than the law allows
were called for trial in tho Police Court
his morning.
Tho defendants were Samuel Bell and
Robert Rumley, conductor and engineer
in the employ Of the road, who were charged
by the police authorities with running their
their trains at the rate Of ten and fifteen
miles per hour respectively.
Mr.. Richard I. Merrick appeared for the
defense.
Assistant Attorney for the District
Forrest moved for continuance, on &C.
count of the absence Of witnesses.
Mr.. Merrick said he would admit oil the
Government charged; that the defendants
ran their trains at rate Of speed greater
than six miles per hour
The Court said lie would accept the ad-
mission and hear the counsel on tho law.
The case against Samuel Bell, tho con-
ductor. was taken up first.
Mr.. Merrick said he wished TO make o
few suggestions in relation to tho law. He
said the law under which the case was pros
ecuted was passed by tho Territorial Legis-
ming of trains at greater rate Of speed
than six miles per hour. This law has
been regarded as dead letter from the
time of its passage There never has been
any instruction given to the railroad about
the running of the trains. This Is Grim
inal proceeding against the agents Of cor
poration who run their trains according to
prescribed schedule. They are required
to make certain number of miles per
l.. l.. aN,k, u.xI L.,
operative. The Circuit Court of the Dis
trict has already met tho question and de-
cided it,
The Baltimore 6 Ohio Railroad was in
corporated and allowed to como into the
District in March, 1881. When Congress
allowed the road to come into tho District,
it reserved to itself the power to regulate
the speed at which tho cars should run, and
did not deem 1t expedent to entrust it to a
municipal power. Congress realized the
fact that they were dealing with private
capital used for personal emolument, but at
the same time 1t was also used for public
good MS common carrier.
Mr.. Merrick also referred to- the fact that
the road was United States mail route
and for this purpose also 1t was subject to
the control Of Congress.
Judge Smell said that he thought the
points were Of so much Importance that the
case may pc SuSpenueu.
Mr.. Merrick cited authorities, and the
point was sustained by Judge Cox, who
held that the running Of trains Is subject
to the power granting its charter. This
would not exist where the power was OK
pressly conferred ON tho municipal authori
ties"
Mr. Merrick said the police authorize:
had the power to keep order in and about
the depot, but it did not extend to the run
ming of trains.
Judge Smell said there was no necessity
for an immediate decision in tho case, ant
as Mr.. Forrest was taken somewhat by sur
prise he would defer tho case until II
o'clock tomorrow, but he was inclined /,
think that there is no escape from tho con
clus'on that when Congress reserves certain
rights tho municipal authorities canno
interfere. And as the road is part of tn
United States mail route another delicat,
question wa, raised.
The defendants were released on thei
personal bonds.
More Warrants Sworn Out.
Officers ID. c. Lamb and Patrick Kearno.
appeared before the Police Court early thi
morning and swore out informations charg
rug L. ID. MessiclS and A. j. Hyland, con
ductors on the Baltimore & Potomac Rail
road with running their trains on the sal
road, on the 10th inst. at a rate faster tina
six miles per hour-to wit, twelve mile
per hour.
The warrants have not yet been issue
on the information, and Police Court au
thorities will probably not sent out tn
warrants until Judge Smell decides whethe
the courts have any control over the rur
ming of trains.