Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-09-05
The Law and Mr.. DunlOp.
o the Editor of The Evening Star.

To the Editor Of The Evening Star:
If Capt. Powell had been a lawyer in
stead of a soldier he would probably have
replied to President Dunlop's letter by
what authority" ETC., in quite different
view.
By insisting upon running his cable cars
at a dangerous rate of speed along a street
as crowded as Pennsylvania avenue was at
the time of the recent night parade Mr..
Dunlop was not only guilty of common
law misdemeanor, but he would have been
guilty, at least, of manslaughter, If not
cold looded murder, had any one been
killed
Mr.. Dunlop, Of course, claims that the law
(statute) gives him the right to run his
cars upon the avenue at all times, but he
is very much mistaken IL he supposes this
to mean that he may run them so as to
endanger the life or limb of the citizen.
Salus populi suprema lex est.
Any citizen has a right to drive his pri-
vate vehicle along the avenue but he would
soon find himself brought up with a short
stop by some other citizen. IL not by the
police, IL he attempted to drive through a
crowd Of human beings in such a way as to
endanger their lives, and not only would
Capt. Powell and the police, but even the
said private citizen, have the legal right to
stop such a reckless driver, but It would
be their legal and moral duty to do so.
Upon the same principle Of law Mr.. Dun
lop, nor his corporation, has no more right
to endanger the lives Of citizens by reck-
less driving Of cable cars through enormous
crowds at night than the driver of any
other private vehicle, and no corporation
charter can give such right. be its Ian
guage what 1t may. This he will learn
when his contemplated suit comes to final
judgment, for the only question for trial
should be, and probably will be: Were
the cable cars running through such crowds
on the night In question as to render such
running dangerous to life or limb?' If so,
and any court and jury will, under the we'll
known facts. find affirmatively, then Mr.
Dunlop. by willfully persisting in endanger-
was informed Of the facts. was guilty of
a common law misdemeanor, for which he
is indictable, and let us hope since he has
gone to law" he will get it.
1t Is no answer to say that the law gives
his corporation cars the right Of way along
the streets. If / and number of other
citizens violate the law by standing upon
the car tracks. to the obstruction of this
corporations right Of way, that gives its
president no right to run his juggernaut
over US, We may be liable to punishment
by fine or Imprisonment or both, for in
fringing, however unavoidably, upon the
rights of this great corporation, but such
misconduct on our part gives it no right
to run us down to our death as If we were
outlaws.
So, also. Mr. Dunlop's plea that to stop
the running of his cars, even under such
circumstances, would be violation of the
company's charter is puerile When the
stoppage is rendered necessary to prevent
loss Of life or limb there is no violation Of
any charter, however imperious its pro-
visions. The law Is more reasonable and
less reckless of human life than Mr. Dun
lop seems to be.
Let us, however be thankful that al
though Capt. Powell, being no lawyer,
seems to be unaware of his legal rights he
is yet a soldier, and with a true soldiers
courage does not hesitate to assume re-
sponsibility when the lives Of our citizens
are in danger. FRANKLIN H. MACKEY.