Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-23
MOTION oWRRULED.
Judge Miller Refuses the Ecl<ingtOn's
Melton to Quash.


Judge Miller late yesterday afternoon
ruled against the Eellngton and Soldiers
Home Railway Company, or more properly
speaking, its representatives, w. Kelsey
Schoepf and Hamilton H. Gray. on the mo-
ton brought to quash the information.
charging 1t with occupNing public property
on New York avenue with trolley poles and
wires for private purposes. After lengthy
argument by Attorney John Ridout, repre-
senting the company, and Assistant Dis
trict Attorney James L. Pugh. the court
overruled the notion, and the case was
continued until today
The motion to Quash was based on the
ground that the Information filed did not
state Iacts constituting an offense against
any law In force in the District of Column
bia, and also that 1t did not state facts
constituting any offense the trial for which
Is within the jurisdiction Of the Police
Court Mr.. Ridout argued that the Police
Court was without Jurisdiction in the case
at Issue, for the reason that any unlawful
occupancy or obstruction Of a public high
way In the District must be remedied
through the United States by mandatory
injunction.
Judge Miller stated. after Mr.. Ridout had
read from several authorities in support OF
MIS- point, that the United States certainly
mas the right to go into court as the at
torney claimed. but such does not gainsay
the right of the District to do the same
thing If 1t Is authorized so to do by law.
Judge Miller went on to say that the ordi-
nance under which the Information against
the road was filed, If carried out in a log
zeal sense, would prevent person resting
a bucket on the sidewalk even for q mo-
ment. The question then. SO said the court
with by the charter which is an act OF
congress, granted to the railroad company,
and also whether or not the ordinance
should nave been more specific in its terms.
Mr.. Ridout said that the charter of the
company repealed the ordinance made by
the corporation of Washington, SO far as
1t concerned the occupancy of New York
avenue by the lexington road.
Mr.. Pugh then claimed that he could an
swer the two questions at issue, the valid
ity Of the ordinance and how it was af-
fected by the charter, by the very best au-
District against George Munroe, and cited
the opinion OF Judge Cox, holding that any
obstruction beyond the building line may
be removed by the municipal authorities
Speaking further Mr.. Pugh said that he
did not argue that an act of Congress can
set aside any ordinance of the District, Eut
when an act is once repealed, as was the
case with the lexington road, an ordinance
covering the case may be legally enforced
by the District.
In sustaining the contentious of Mr.. Pugh
Judge Miller held that the ordinance Of ibe
common council and the act of Congress
could operate together, and that the Dis
trtct authorities could prosecute under one
and the United States under the other, al.
though one would prove bar to the Other
If both were brought.
After Mr.. Ridout had intimated that he
would apply for writ of habeas corpus
In order to secure an opinion from higher
court regarding the case. Attorney Pugt
announced that it was his intention 10 file
new Information against Messrs. Schoep1
and Gray every day, and the court ad
journed.