Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-23
The Northeast Citizens Want Some
thing Done With a Railroad.
QUESTIONS ASKED And ANSWERED
MIR. Birney Gets Some Information
From Mr.. frizzelI.
OTHER BUSINESS TRANSACTED

an unusually large number of members.
but little of Importance came before the
meeting, and there was an early adjourn
ment. President Frizzeil of the associa-
ton sprang something of a surprise on the
meeting when he read the correspondence
between District Attorney Birney and him
self relative to the Baltimore and Ohio
Railroad Company. The position taken by
its president evidently delighted the asso-
citation, and his action was unanimously
approved.
After the minutes Of the previous meet
ing had been read Mr.. Evan H. Tuck er.
from the committee on lights, stated that
last month the committee had a consulta-
ton with the District Commissioners, and
results of that consultation the Colnmis-
sioners had recommended the passage of
two bills, which would insure cheaper and
better lighting of the city.
MIR. Johnston, from the Appropriations
committee, reported cali on the commit
tees, who had stated that they had
recommended an immediate appropriation
of s53.oOO for the improvement of streets,
by which the distressed Door of the city
could be relieved.
President Frizzell explained to the asso-
citation that he and Mr.. Evans had .epre-
scented the association at the meeting of
delegates from other similar associations
here called to take action relative to the
DeArmond bill, and stated what had been
done.
The baltimore and Ohio.
President Frizzell also stated that Judge
McComas had deemed 1t necessary to
charge the present grand jury relative to
the railroads of the District. and he had
called on the Judge He had learned that
1t was a verbal charge, and the judge had
informed him that he had referred to all
railroads In the District. but more partic-
ularly to the cable roads. With the latter
the association had nothing to do. And
them" said Mr.. Frizzell. II addressed a
communication to the grand jury COM
planning of the Baltimore and Ohio Rail-
road Company, and the following corre-
Attorney Birney and myself:
Under this date / have addressed the
foreman Of the grand jury relative to the
charge given them by Justice McComas to
steam railroads within this District. The
recklessness of the Baltimore and Ohio
Company has for a number Of years been
menace to the lives and detriment 20
the material interests of the residents Of
Northeast Washington as well as of other
persons whose business or pleasure may
prompt them to use streets impeded by
grade crossings. So constant and fragrant
had this recklessness become that In Sep
TENDER. 1892, a large number of citizens
organized an association to demonstrate
Baltimore and Ohio Railroad Company ard
it's servants within prescribed limits CT
speed and the regulations pertaining 10
street crossings. and to advocate such ad-
ditional measures as might conduce 10 The
general welfare. In several cases prosecu-
tons in the Police Court were successful,
but after awhile the authorities seemed to
weary of well-doing, and latterly no atte1-
ton Is given to complaints, even :vhan a
street car Is picked up and carried 100 feet
or more up the track. with only persons
aboard Frequently two loaded street cars
cross the steam tracks at the same tune,
and under conditions similar to those which
caused the accident the 9th instant
from fifty to sixty persons may be caught
in the same trap. OF the citizens associa-
ton above mentioned / have the honor to
be president, and am therefore persuaded
that may very properly address you and
tender the services of myself and asso-
ciates to give You the names of numerous
witnesses to sustain one or many charges
of unlawful acts committed by the Balti-
more and Ohio Company"
On January IL Mr.. Birney replied:
Made Mistake.
"I have your letter of January 8. direct
ing my attention to a communication ad-
dressed by you to the foreman of the grand
jury, touching certain complaints against
the Baltimore and Ohio Railway Company
Permit me, in all kindness to yourself, to
say that a communication of this kind
should not have been addressed by you d.
rectly to the grand jury. The writing of
such letter has been held to be a con-
tempt of court, and punishable as such. OF
course. l am aware that you would not,
knowingly, transgress any rule of pro-
priety or commit contempt of the court
and 1 mention this to you only that 1t
may serve to prevent any possible trouble
hereafter. l shall willingly forward any
Efforts of your association to keep the Bal
timore and Ohio Railroad Company within
DUE s.rUn dc hrrft f- o1rIt fr~
just what can be done, either by the dis
trict attorney or the grand jury in the
premises. The Baltimore and Ohio Railroad
Company has the right. under the statute, to
run its trains on grade through the city
of Washington. Neither the district at
torney nor the grand jury can force the
company to lower its tracks or to enter
upon elevated structures. or even to guard
by placing watchmen or building secure
gates at its crossings, against possible in
jury to citizens. All this is within the ex-
elusive province of Congress. The grand
jury may indict for the maintaining of a
nuisance, but it should not properly indict
this railroad company for doing what the
statute in terms authorizes. The grand
jury may declare it's opinion of the conduct
of the railroad company but such opinion
cannot be followed by an Indictment unless
some crime shall have been committed
Should the death of any citizen be caused
by The negligence Of the employees of the
company, such employees might be guilty of
prosecuted. But until such death shall
have been caused, or some offense against
the laws be committed my office will be
powerless to lend you practical aid. The
remedy lies with Congress"
Some Questions.
On January is came the second series in
the shape of letter from Mr.. Frizzell to
Mr.. Birney:
Il respectfully acknowledge receipt of
yours of 18th instant. and, as the subject
| ir volved is held by the people of Northeast
Washington to be of the very highest i'm
portance to them, / must trouble you to
give it such consideration as the duties of
yonr high Office devoive upon YOU When a
justice of our Supreme Court is able to
see without difficulty that something is
wrong IN the conduct of steam railroads
within the District and of his own yolition
1nStructS the tWenty-three citizens selected
to stand between right and wrong to take
cognizance of any particular subject Of
complaint, and the prosecuting officer finds
| 1t difficult to see just what can be done,
either by the district attorney or by the
grand jury in the premises l have very
high legal authority for suggesting to YOU
that ii is no con tempt of court for one or
more citizens 10 offer TO aid in the inquiry
Were it otherwise, you can readily see that
the district attorneys office could obstruct
the paths of justice and good order and the
| welfare OF the community. My personal
knowledge of your integrity and probity of
course will not allow me to attribute any
of our Jurisprudence allows any one official
IN if1iR and q decide n