Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-22

To-day In the Police Court, Judge Smell, q deci.
sion was made In the case OF Robert Rumley and
S. Beall. charged with propelling an engine OF the
b. o. X. K within the city limits faster than six
miles per hour. Before the decision was an
nounced Mr.. Forrest. for the District said that this
case was for running trains on the Metropolitan
Branch, which was Incorporated long after the
Washington Branch. H. referred TO the acts OF
March 2d. 1881; February a6th. 1894 March 3D. 1885,
august I'd, 1854; July 25th, ls66; and June lstn,
1874. 10 show that the railroad companies are
subject TO the municipal regulations 10 the loca-
non and operation OF the roads. He also cited the
act OF the District legislature OF August 3d. Is7l
ana said congress, when Passing the act OF 1874,
had before Il Ihat ana other acts OF the District
aiiG iroil HE organic act he read the clause con-
tanning acts Ia lorce. lie therefore claimed that
the District had tuil power In the premises
Mr. MeIT1ck aigu Il That the acts OF the District
legislature IN question had not been ratified by
Congress. Congress has exclusive Jurisdiction.
and it Is question how far they can delegate ITS
powers.
1he court asked. conceding that by the act OF
1871 Congress had delegated power whether or not,
ufder the organic act of 1870, II did not delegate
Its power 10 the District OF Counfbia, and whether
IL did not repeal the act OF 1881?
hr. Merr1ck argued that Congress could not
transfer such power. He claimed that the act OF
1881 could not bc modified In the named particular
Mr Merrick said the Baltimore and Ohio railroad
Is a law-abdlng corporation. Since the case has
b en brought TO the attention OF the court the road
has been running is trains AT rate or speed less
than six miles an hour: not because they thought
was the written law, but out respect for judicial
authority. There Was more peril he said In ruhning
tie trains at so SLOW rate than at a faster one,
account OF the number OF small BOYS who will
jump on ani of slow trains While passing through
the city. In course or time IL H. Ike.y that some
or them Will be killed. and II they the blood lies
on TIE hands OF those who CAUSED the slow running
OF the Trains
JUDGE SMELL susrArSs THE LAW
Judge Smell in decid NJ the case referred TO the
fact that this was an Inferior court IL had been
maxim with him, he said, never TO presume TO de-
eide that an act OF the legislature having an ex-
istrnce Ike this was unconstitutional He had
come 10 the conclusion TO sustain the law SO that
the matter may go TO the higher court. in whom
legislature. 81 think" said Judge Smell, "that
superior courts magistrates. justices OF the peace
and those having inferior jurisdiction. should
never presume TO declare law unconstitutional
cont think Mr.. Merrick Will question th at posi-
ton. and Therefore you VIII perceive that I am
somewhat in position where / cannot express my
opinion upon the law
Nr.MerT1ck suggested that he would like 10 have a
decision based on the opinion OF the court as TO the
law. as the higher court is not now I'm session. and
would greatly Inconvenience the company 70 wait
until October MI Miller and Mr. Merrick, AFTER
some discussion, agreed 10 let the stand oven
until tomorrow for decision. The will prob.
ably De taken up on writ OF certiorarL
The Strike i'm New York.
EIGHT THOUSAND MEN GO ouT-NEARLy ALL RE-
ACKNOWLEDGEMENTS SUCCESS OF THE STRIKERS.
Eight thousand brickayers and laborers OF New
York struck yesterday FOR the nine-hours rule The
headquarters OF the labor organization was crowded
nouncement that mahy bosses had conceded the
demands OF the strikers caused outbreaks OF apprO-
baticn and applause. BY noon large numbers Of
firms all over the city had announced their willing
ness TO accept the strikers terms. and IL said
that not more than 800 nen were out OF work
during the morning.
Al Arnold & CoDstable's new building. 18th street
and Broadway, few men who Were still at worK
threw of their oyerals and Joined the strikers At
a church in 42d street a number OF plumbers did
likewise. At the Standard Oil companyis new
building, az the Metropolitan opera house and the
new Cotton Exchange several hundred recruits
were also obtained. As fast as these men quit work
they reported at the headquarters OF their respec-
tive unions, and many OF them were sent 70 work
for contractors vino had already agreed TO the
nine-hour rule and needed additional help. The
result last night I'm every way satisfactory 70
the strikers, and they confident OF the ult1-
mate success OF the movement Those who are out
of work Will be paid at the rate OF IS per week for
single men, and 81 q week for married men II they
require IL
Delegate Donnelly said to a reporter that the
this year are In such position that
they are ready for anything. They had $4,000 In
bank to back them up In this Tight, and, besadea
had the endorsement and the promised help OF al
the labor unions, even from North New York and
Canada
The action Of the Central labor union IN directing
It's delegates TO support the building trades oryapl.
zations IN their strike had an appreciable eject
The result was that IN many places where q pro-
tracted lockout was expected the employers almost
immediately gave way 70 The demands OF their en-
plOyeeSL
FINDING pOT OF CoIN-A few dave nm rohu