Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1892-01-25
Important Decisions.

10 the Court OF Appeals on T1uislay.
Judge LswIs delivered en- important opln.
lon in the case of Hill vs Comnonweattb.
from the county court Of Fzuqu!er county.
The prisoner was Indicted for ua,28
shooting With Intent u Kill, and tie pr.nci
nal question Ia the cese wss whe'her tle
trial court erred in denying The me- on Of
the prisoner to compel The stormy Tor the
Commonwealth to call 80 Witress 70. the
ConmonVealth the person alleged 10 hgv5
bsen shot, whose npme wa5 not On tie IT,
diclmeot SO " tasss; had Dot been sum.
moned 10 attend the trisi a. q witness for
thu Commonwealth. apd had n; testified
before the grand jury, bat VITO was Ia tie
court room st the timo the motion was
made.
The Court of Appeals sustained TIE yuiIrs
of the triGl court, hoidilg that II Is within
the dianresion Of the prose ing eltornp: az
to Whist witnssaae shall be cZ!ieh for The
CommonS ss'th, aad thst While the trial
curt may, in Its discretion, call witnesses
not called by the prosecuting attorney who
we're eye Witnesses OF the transaction, or
whoes names are or the back or a6 he loot
Of .hs Indictment, yet that the relu'e! otthe
court to compel the attorney for the Cou.
non wealth In thu case before this court, 10
call the witness iu question, was not 8 re.
ysrsibIe error. l. vas held, however. thst
the dieo :etion Of The ttiai judge tc cali Wit.
nesses not called b7 toe prosecution ought
to be cau.ioCely exercised, inssmuch 81 tho
prosecuting attorney is presumably no,e
fully aware Of the facts OF the case than the
court can be.
The judgment was accordingly affirmed.
II
pesls on Thursday 10 tbs cGae Of the Roar
oke Gas Company against The city Of Ron
oke, which came from the Circuit Court II
that city, was read by Jrdge RchsgdltB.
The company had lid its gas pipes IN
Campbell street according TO TIE grade I zen
OF tlblahed The c!:y afterwards Iose:sd
the grade in certain pogtoaeef III street,
exposing Tie compsD3'a pipes for distance
OF Of = fost. and ths company got cut en- IT,
junction restraining the city from taking
cay iurihar steps in lowering Tbs street.
The city euda. qooDtig entersd @ dlmurrtr
aud bad The ojuaction dissolved ard tha
case dismissed. IL then came 10 the Coult
of Appeal from an appeal taken By the gas
company. This tribunal held that hs city
council hsd the power to erode ard re.
grade the arrests IS It sag fl, e2G that tie
courts EaI no flEtl ID lnteIIers. nus lug
mer. of the lover cours wa5 eErued, Judge
FeuutleFoy ooucrr.ing II the result.
l. generally uudsra'ood that bill will
be introduced Ia the General Assembly to
change The IeI upon wti3n was based
t le decision Of tbs Court OF App als reg.
dered last Thuraday, n The ceee Of Hoj2ts
sg .insr the Seahoard end Roanoke Ts!ltcsd.
The effect OF t7is deceion is that tbs pro7..
sons of seot;oD 1915 oftbe C1de cG pro.
hib g any company Incorporated fer Wcrk
Of Internal imn5o7emo; from occupying
70 t. IT. WORKS t1e q y cling honee # another
or ~ eps:e within sixty est hsrs6f, 30.
plies TO lhe it'cets CT CITIES, and tlai tie
ehu tirg owner owns tie fac to tie cerue
OF the street, ard therefore to enable any
railroad company, telegraph. telephone,
water, or sewerage compspy to isy their
works In tire ;t.eet, II Ia 1ecessasy to get
the coosent OF every abuttlrg owner; also,
that under the law as Il now stands tbe r'gkt
OF emmett domain Cannot te exc. cisco il
the streets OF cities The decision does rCs
apply directly TO the county. The ecsss II
for legislation will be g. en- when 1t Is stsed
that under tle decision municipalities car.
net az water and gas plpee aud sswers Ia
the streets without the c0nsent Of aott ing
owrets. Judges Lewis and Robertson d E.
5Snted absolutely from the opiaIon.