Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-09-05
ar was produced and M, Dunlop read

That thu said company shall place first
class cars on said railways, with all the
modern improvements for the convenience
and comfort of passengers, and shall run
cars thereon during the day as often as
every five minutes, except as to It'll and
l4th streets. ard on these once in fifteen
minutes each way. and until II o'clock at
Gight as often as every half hour: and
throughout day and night as much oftener
as public convenience may require
Section 1I-And be IL further enacted
mat the mayor, common council and the
several officers Of the corporation of the
cities of Georgetown and Washington, and
The said corporations are hereby prohibited
from doing any act or thing to hinder, de-
,ay or obstruct the construction or opera
ION of said railroad, as herein author
.zed
hat the said company shall have at all
times the free and uninterrupted use of
heir railway. and IL any person or persons
shall willfully and unnecessarily obstruct or
impede the passage on OF over said railway,
OF any part thereof. or shall injure or de-
stroy the said cars. depot. stations, or any
property belonging to said railway COM
pany. the person or persons 30 offending
shall forfeit and pay for every such offense
the sum of s. to said company, and shall
remain liable In addition to said penalty for
any loss or damage occasioned by his her
Or their act. as aforesaid. but no suit shall
be brought unless commenced within sixty
days after such offense shall have been
committed"
The Usual Practice.
What Is the usual custom of the Com
missioners In such cases." asked Mr.. No
Kenney.
They order US to stop our cars when
there are military parades, and request us
to do 50 In cases Of civil demonstrations.
This order or this request has always been
cheerfully acquiesced In. In the present
case no such request order came to me.
After the parade went back to the Office
and found there on my desk a communica-
ton from the Commissioners requesting
that the cars be stopped This was about
II o'clock Ii was dated September 1. Sat-
urday."
Mr.. Push cross-examined Mr. Dunlop
said that no one could stop the cars with
out his authority He was lot In the city
on Sunday and knew nothing of the notin-
cation to Mr.. Downey. When he heard the
runior he telephoned to police headquarters
and Capt. Austin answered, In the absence
of Col. Moore that there had been an order
issued. He then telephoned to the District
buildings and DIR. Tindall answered that
the Commissioners had directed him to
the cars.
That was carly enough to stop the cars?"
asked Mr.. Push-
Yes. could have stopped them all in
How many men did you have stationed
at eth street, asked the prosecutor.
six or eight, perhaps ten
w ere tncy not tnere 10 take the place OF
the sripmen. whom you knew would be ar
rested?'
NO.: sir. I never thought of such a
thing"
Mr.. Dunlop said that the men at 7tb street
were trsckmen. and the presence of addi-
tional sripmen was accidental
MT Pugh tried to get the witness to re-
peat the language used by him on Monday
To show the defiant attitude Of the COM
pany." but upon objection. Judge Kimball
ruled mat that was not pertinent. Judge
kimball brought the case down to an issue
by calling for testimony as to the letter
Of request which reached Mr.. Dunlop Mon
day noon Accordingly Dr. Tfndall. sec
Rotary Of the board Of Commissioner was
called and testified that he wrote the let
ter Monday morning. While he was writ
the letter delivered by special messenger.
and IL was so delivered
IL wes dated on September l. because that
was the day when the Commissioners or
oered the letter to be written
Thomas Dunlop. IT.. secretary of the COM
pany. testified that the letter reached the
ONCE few minutes after 10 o'clock on Mon
day.
The Evidence All In.
This closed the testimony, and Mr. Pugh
made his argument, stating that the prose-
cution depended upon the act Of October
Id. 1880. which prohibits any driver of an
omnibus or other vehicle from going through
a parade or a funeral
On the other hand. A.r Kenney made an
argument based 81 the rights OF the com
pany as grsi,ted by the charter and the
rlxnIS pf me travelling public
.. a. the conclusion Judge Kimball deliv-
cred an opinion. occupying about ten min
utes. deciding Mr.. Dunlop guilty of viola
ton Of the statute Of October IL. 1850. and
lining him so, the extreme penalty.
Fines Were Imposed.
Judge Kimball therefore ordered judy
To To ha ant rad he
arts. In the case of Mr.. Dunlop the fine
must be paid. but the sentence would be
suspended in the other cases, as the men
were working under orders.
Mr.. Dunlop paid his fine and left the
court room without word.
Secretary Tindalrs Explanation.
There was a lull In the correspondence be-
tween Vice President Dunlop Of the Wash
ington apa Georgetown railroad and En-
Eineer Commissioner Powell today. Both
were apparently waiting for the other to
make a move. Secretary Tindall. however.
got the letter writing fever, and he con-
trfbuted the following to the case this af-
terLoon:
Yesterday between and $50 o'clock a.
m / was in my office and received from
George t. Dunlop, president of the Wasf
tnston and Georgetown Railroad Company,
by telephone. an inquiry whether the Com
nissioners had issued an order to stop the
road during the labor parade on that
day. 1 replied that instructions Of that ma
ture had been given to the major Of police.
Mr.. Dunlop further inquired whether the
Commissioners had written to him to stop
the cars L replied that L thought not. A
few minutes afterward / was reminded that
late Saturday afternoon I had been in
structed by Commissioner Ross to notify
the president of said railroad of the in
structions which had been given the major
of police for stopping the 14th street cars
OF the Washington and Georgetown Rail-
road Company at the junction Of 18th
street and Pennsylvania avenue and the
18th street cars at 9TH street and Pennsyl-
vania avenue from 10 O'Clock am until II
m on the Sd instant, and request his COM
pliarce Herewith. and told Mr.. Dunlop, by
telephone, that / would put the Commits
sioners' instructions In writing and send
them to him.
He replied that he would not receive the
letter " wrote 1t. but that he would be at
the corner Of 18th street and Pennsylvania
avenue at precisely 10 O'Clock, and would
endeavor to prevent any stoppage of the
cars. and would bring suit against the Dis
trict II any interruption of the movements
OF the cars should occur through the inter-
ference of the District authorities.
Il replied that 1 would write the letter.
nevertheless. and try to have Ii delivered to
him. The superintendent Of police was in
the office when 1 received this last message
from Mr. Dunlop. and told me that he would
see that the letter was delivered by a spe-
.4s.N