Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-03
TWENTY MILES AN HOUR.
Two Policemen Testify That b. and
p. Train Made That Time on X Street.

Two fOL1Cemen 1eSt11y mat q b. ana
p. Train Made That Time on X Street.
The case Of Jerry O'Brien. the engineer on
the Baltimore and Potomac railroad
against whom a warrant was recently is
time, was called in the Police Court
this morning. The defendant was charged
under section Is Of article 10 Of the police
regulations with driving and propelling steam
engine and train Of cars on street southeast
at greater rate Of speed than twelve miles an
hour. Mr.. W. A. McKenny represented the
railroad company and Mr.. shillington appeared
for the District
Mr.. Shillington in calling the case to the at
tention OF the court said that Policemen Foster
and Horton had measured of one-fourth of a
mile with tape line, and that after making
such measurement they timed the train on
pected to show that the officers named took
their positions at either end of the quarter
mile stretch and timed the train.
HOW THE SPEED WAS AscERrArNED
Policeman Foster testified that on the morn
ing charged he went with Oficer Horton to
time the train. They compared and set their
watches together. Witness stood at the west
END OF the distance measured. When the train
reached him his watch was fourteen minutes
anu eleVen SECONDS AFTER O'Clock.
Policeman Horton, who was at the east end
OF the quarter mile, testified that when the
train reached him 1t was IA minutes and 80
seconds after 8. Witness did not have a regular
stop watch, but he stopped the second hand Of
his time piece when the train reached the
point marked. The time between the two
watches showed that the quarter mile WAS made
IN SO seconds, making it at the rate Of about 20
miles an hour. Witness said that the street
crossings included in the distance are protected
by gates and the tracks are protected by .
fence.
TESTIMONY OF ENGINEER o'BRrrN.
The defendant testified in his own behalf
that on the morning charged he was on the
Washington and Philadelphia express train.
The train was scheduled to make the distance
between the depot and the telegraph station in
five minutes The distance, he said is more
than one mile. Witness described how the
trains are run, but said he did not think that
bystander could judge the rate Of speed Of a
train.
ARE THE REGULATIONS UNREASONABLE?
Mr.. Mckenny argued as to the unconstitu-
tionality and unreasonableness Of the regula-
tons. He claimed that as the tracks are in
closed and the crossings are protected by gates,
the rum ing OF a train even at the rate of 20
miles an hour does not endangcr life or
property. and ii that is the case he certainl y
thought the regulation was an unreasonable
one. He held that it was unreasonable and
therefore void. He referred to the fact that
the trains carry the mails and are required to
deposit the mail matter at certain points on
time.
Mr.. Shillington argued in support of the
police regulations and claimed that the Com
mlssioners had power to regulate the running
OF railroad trains through the streets. He said
there were more persons killed by railroad
trains than by other vehicles, and they were
therefore more dangerous. He argued that the
fact that the tracks and crossings are protected
makes no difference as to the violation of the
law.
Suppose they had made the rate two miles
an hour" said Mr.. McKenny, would that have
been reasonable?"
Il think not" replied Mr.. Shillington. II
don't think that the Commissioners would make
such regulation, because it would hamper the
railroad company"
Continuing his argument Mr.. Shillington in
speaking OF the rate of speed said that the rail-
ROAD company now owned almost all OF the
southeastern section of the city, and he thought
1t did not come with good grace from them to
appear in court and complain that this was an
unreasonable regulation. He thought that the
rate OF II miles an hour was fast enough for
any train to leave the city.
FINE OF TEN DOLLARS IMPOSED.
Judge Mills, in disposing of the case, men
toned the difference between the government
of this city and that of other municipalities.
All the power possessed by the District govern
ment 10 granted by Congress. The railroad
rights and privileges were granted by Congress
and their charter can only be disturbed by the
body granting it. The Judge held that the
act Of Congress gave the Commissioners
authority to make these regulations. fine of
$40 was imposed
Mr. McKepny noted an anneal