The morning times., 1895-07-23

The case against the lexington and
Soldiers Home Railway Company, charged
with occupying public space for private
purposes in maintaining trolley poles along
New York avenue within the city limits,
came up before Judge Miller in the police
court yesterday, and the motion to quash
the information was argued by Prosecut-
ing Attorney James L. Pugh and Mr. John
Ridout, the cOmpany's attorney
Mr.. w Kesley schoepf, the vice presi-
dent and general manager of the company,
who, with Mr.. Hamilton K. Gray, was
charged in the information with main
tanning the nuisance, was in court Mr
Gray was ill and unable to appear.
Mr.. Pugh explained TO the court that
the company was charged with obstruct-
ing the avenue in question under the law
of 1862. He said that he understood the
attorney for the company, Mr.. idout,
intended to file motion to quash, but he
had not seen the document.
Thereupon Mr.. Il idout read his motion
TO quash, setting forth that the informa-
ton did not state any facts which could
constitute violation of the laws in force
in the District of COlu mbia. He also
said the facts constituting the offense
for which the company was then being
tired were OUTSIDE the JurLSdlctiOn or tne
court.
SAID 1T WAS DEFECTIVE.
He further stated that the Information
was defective iuasmuch as it alleged that
on "a certain day the defendant did occupy
public space for private purposes Y erecting
trolley poles and striDging wires thereon,
whereas the wires referred TO were strung
many years ago.
Nv ~
the trolley poles aud wires were perman nent
fixtures, allowed by law in accordance
with charters to the company, and were not
in any sense Instructions within the mean
ing OF the law. He read a number OF au-
thorities to maintain his stand and called at
tention TO the abnormal character of the
ordinance of 1862, under which the prosecU-
tions We're being made. 1t simply stated,
he said, without any limitation, that no
public street or avenue should be occupied
for any yprjvatepurpose. Mr.. Ridoutclaimed
that the charter OF the company repealed the
ordinance so far as they We're concerned.
Mr.. Pugh began his argument by stating
to the court that there seemed TO be but two
questions upon which it was necessary for
him to dwell The first one was the reason
ahleness and validity Of the ordinance, and
the second was how It was affected by the
charter rights OF the company. He then
read from section 222 of the Revised
Statutes. ID. C., showing that it was
almost verbatim with the District ordi-
nance, and referred to the case Of the
District VS.. Monroe, of a similar nature,
in which the defendant was held.
In his opinion in that case, which Mr.
Pugh read, Justice Cox held that any OBJ
struCtion intended to remain permanently
upon q street or avenue, was IN the nature
OF occupancy inhibited by an act of Congress
and by the ordinance OF 1862, and could
be removed by the municipal authorities.
In referring to decision OF Judge Kim
bail in the cases against the linemen who
! were charged also with occupying public
| space for private purposes. Mr.. Pugh made
use of the term - lower court
HE MEANS WHAT BE SAID
by lower court you mean the court held
in lower rooms, don't you?" inquired
/ Judge Miller.
mo sir, replied Mr. Pugh, vehenentIy
Il mean lower court in the fullest sense
! of the term.
! His honor smiled and the hearing con
| tinued The court suggested, however,
/ that the thermometer was about played
! out, and it might be well to bring things
! to crisis las itwere.
Mr.. Ridout then suggested that Mr. Pugt
! file a new information, changing the de
| fects referred to, and that the motion tc
] auaSh be acted upon and the case go over
! Judge Miller overruled the motion of thC
! company and continued the case until thi:
! afternoon at 1 80, when the argument vii
! continue.
| Duri ug the hearing Mr Ridout fire.
! quently manifested his annoyance at the
| repeated assurances OF Mr.. Pugh that a
| new Information would be filed against
| the company each day the poles We're al
| lowed to stand, and finally appealed to
Judge Miller to check the uaggiug prose
| cutor The court decided, however, that
| Mr. Pugh could make that statement as
often as he liked, aud the subject was
! dropped.
| Mr.. Pugh has had the poles between
| Seventh street and Boundary counted
and has found that there are forty five.
! Ifit becomes necessary, he says that he will
| file a separate information for each pole
consti tutiug forty five offenses a day
and as each offense is punishable by Il fine
| of $50 forty fl We such fines every day
would eat up the profits Of the company
He is prosecuting the case vigorously and
says that the poles must go.
INSTALLED NEW OFFICERS.