Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-08


to make the fine within the discretion OF
the court still the ratification by Congress
would remove that objection since Congress
certainly had the power. Congress has the
pose a certain fine and penalty or impose a
fine within certain limits. 1t passes just
such acts all the time, and If it may confer
such jurisdiction upon United States courts
ererally it certainly could confer like
power upon police court
Not Against the Common Right.
1.-The only other objection that is urged
to that ordinance for the purpose Of show
ing it to be void is that 1t fs against the
common right or is unreasonable. The Ian
guage is substantially like this act of Con-
gress and it certainly is extreme language.
It says that public streets, avenues, &C., of
the city shall not be occupied by any pri-
vate person or for any private purposes
whatever. Now, the literal construction of
that would, of course, prevent any person
from walking in the street. But that would
be an unreasonable construction to put
upon it. 1t did not mean that no person
shall walk in the street or stop in the street
to converse. 1t means, as I understand IT,
that no one person shall use the public
streets for any purpose that they were not
intended by law to be used for that no
one private person shall use the public
street for any purpose that any private
person may not use it. for. This is the
proper construction, I think, and with that
construction it is not against common right
or unreasonable.
ut is one of the cardinal principles Of the
construction of statutes that they shall
not receive an unreasonable construction.
think that is reasonable construction.
Il think. therefore, that the ordinance is
valid The ordinance being valid, 1t fol-
lows that the Police Court has jurisdiction
OF the case. The question whether the pc
titioner was guilty of a violation of the
ordinance was one which the law refers
Court, and even were of opinion that the
court was in error this court could not dis
charge the prisoner.
Poles Should Re Removed.
''The object of the prosecution in the Po-
lice Court is to enforce the removal Of
poles and electric wires. IT the poles are
illegal thay should, of course, be removed
as early as that can reasonably be done
without Inconvenience to private property
or persons.
1.-THE hasty removal of them would result
in both and should be avoided. The change
to horse power is the only one that could
be made in a brief period, and the acts of
Congress show that that body intends to
abolish such power. The change to horse
power would, therefore, IN all probability
be only temporary. The continuance of the
poles and wires until such time as they
can be removed without an injury to pri-
vate property and inconvenience to citizens
Commissioners and 1t addresses itself to
their sound Judgment, which they will un-
doubtedly exercise. Over that question this
court has no control in habeas corpus
proceeding.
Mr.. Ridout for the petitioner. Mr.. Schoepf,
took an appeal, and the court fixed bonds
at $500.
Prosecuting Attorney Pughss Position.
Prosecuting Attorney Pugh, who con-
Quoted the prosecution against the trolley
people in the Police Court, was asked by
a Star reporter what action he would l,oN
take. and he said he did n3taSnow. He had
not seen the decision, but She understood
Judge Cole had iRtin.ated taat the imne-
diate removal of the poles would work a
hardship, not only to the railroad company,
but also to the people who live along the
line of the road. In view OF this reference
by the court, he thought he would not in
stitute the everyday prosecutions until he
can get an expression from the Comms-
sioners of their wishes in the matter.
He preferred to say nothing about II e
probable action of the Commissioners until
he had seen them.
Commissioners Absent.
The news of Judge Coles decision reached
the District building early in the day. The
Commissioners, however, were absent from
the city examining garbage plants, and the
attorr ey for the District beyond expressing
his approval of the decision, refused to be
interviewed.