Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-28
Arguments That Were Made on the
New Regulation.
CLAIMS OF TEE RAILROAD ATTORNEYS
interesting Points Touching the
Grade Crossing Question.
THE BRIEFS SUBMITTED


Commissioners have issued a police regula-
ton providing that all steam railroad trains
shall come to full stop before crossing a
street occupied by rapid transit street cars.
When application was first made by Pres
ident Phillips of the Metropolitan Street
Railroad Company for the passage of such
a regulation the Commissioners promised
TO give the matter serious consideration,
and Immediately sent for their attorney in
order that the legal features of the request
could be discussed. Attorney Thomas stat
ed then he believed that the Commissioners
had ample power in the premises, and sew
eral days ago he submitted his opinion, in
which, as has already been stated, he rec
commended the passage of a regulation gen.
eral in character, covering the situation.
Before writing his opinion, however, he in
vited Col Enoch Totten, counsel for the
Pennsylvania railroad, and Mr.. Nathaniel
Wilson. representing the Metropolitan
Street Railroad Company. to submit briefs
upon the case. This was accordingly done.
These briefs give the position of both sides
in the controversy.
The first brief received was from Col. Tot
ten. After calling attention to the case I'M
der consideration, he sums up the request of
the street railroad to be that the steam cars
come to full stop before crossing it's tracks,
because a current of electricity by which the
cars are operated may be interrupted while
car was in the act of crossing the tracks
occur. The danger, he observes, rests only
in apprehension, and seems to be entirely
Imaginary. No such accident, he points out,
has happened, and in his judgment no such
accident is likely to happen. Even if The p
pretended disturbance of the current should
take place there is he claims, no more rea-
son why collision should occur than if the
cars were propelled with horse power.
The Street Railways Responsibility.
There is another consideration" he
says. that should be considered If the
railroad company has put in a device for
prorelling it's cars which creates danger,
or converts this crossing into death trap,
it ought to take care Of it itself, and
if it can do no better, substitute some
power that is not so dangerous. 1t is
somewhat extraordinary that the steam
railroad company should be called upon to
take care of the imperfect devices put in
and used by the street railroad company.
If this street railroad company has rem
dered this grade crossing dangerous by
adopting an imperfect or unsafe means of
propulsion, it should be compelled to cross
the tracks of the steam railroad company
either above or below the grade. so as to
protect the lives of it's own passengers, as
well as the lives of passengers upon the
steam railroad. The number of trains of
the Baltimore and Potomac Railroad Com
pany passing this point every twenty-four
hours is about sixty, being about thirty
each way. Twelve of these trains are ex-
press trains, and move at this point at the
rate of from nine to twelve miles an hour;
the other trains move at slower rate of
speed. An inspection at this point will
demonstrate the factsthat only in certain
hours of the day are they loaded to any
extent. AS general rule thew do not
carry more than from three to five pas
sengers, and very often they are entirely
empty: and it seems to me extraordinary
that steam railroad, made to accommo-
date people from all over the world, should
be called upon to stop its trains for the
purpose of letting street car pass which
contains but a few passengers
Colonel Totten invites attention to the
history of the steam railroad, and says
it occupied the street before the street rail-
road The steam railroad therefore. lie
says has the right of way. and it is the
duty of the Metropolitan Railroad Com
pany to make all proper precautions to
prevent accidents at this crossing. and it
is not the duty of the steam railroad COM
pany to do anything more than exercise
reasonable care under the circumstances.
4 Usual Requirement..
Then follows the argument of Mr..
Nathaniel Wilson in behalf of the street
railroad. After citing references tending
to show that the Commissioners have am
pie jurisdiction in the matter in making
police regulations affecting the case in
question he says:
ut is the danger TO life and limb that
will directly and Immediately result from
the unregulated use of a common crossing
by two railroads which the Metropolitan
railroad now seeks to avoid and minimize
by proper and 4 reasonable regulation.
I'm view of the plain language of the
law and the Interpretation that 1t has
received it would seem that the only Ques
ton for further consideration is whether
or not the proposed regulation comes with
in the scope of the provision of the law
which authorizes the making of usual and
reasonable regulations.
The full stop of railroad trains when
crossing the track of another railroad. or
when approaching a drawbr.dge, and in
other like cases, Is most usual and rea-
sonable requirement, as is shown by mu-
nicipal and legislative enactmentS in scores
of instances, and is of constant occurrence.
THE especial and particular reason why
the railroad trains crossing the tracks of
the Metropolitan railroad should be re-
quired to stop is the peculiar nature of the
power which the Metropolitan railroad is
~obliged to use by the direct command of
Congress. 1t is no answer to the applica-
ton of President Phillips to say that if he
is using power which is particularly diff
cult or dangerous to manage, and which re-
Quires other railroads to use extraordinary
precautions or to be subjected to great in
convenience, then the Metropolitan railroad
should change its power or change its APP
paratus. The Metropolitan railroad is act
ing in obedience to the enactment of the
legislature, which is the master of both
roads.
TT is respectfully submitted that gen.
eral regulation like that requested by Pres
ident Phillips, and applicable to all cases
where the cars of the steam railroads
cross the tracks of the roads using under
ground electric power, would provide way
by which the power prescribed by Congress
in the public interest can be used with
safety to the public and without even ser-
GUS Inconvenience to the steam railroads"
Garbage Penalties.
That accumulated fine of about $500 for
poor service is troubling the garbage con-
Tractor. and he is making strenuous CT
fort to have the amount reimbursed. In a
recent letter to the Commissioners he made
formal application for the return of this
amount, which was withheld from time TO
time basing his request upon the grounds
tEat the garbage was not made accessible.
as required by the contract, and many of
the fines We're unjustly imposed. He also
calls attention to tine present satisfactory
service as an additional argument why his
request should be approved.
This morning there to have been
hearing on the matter, but the case was
pc stponed until tomorrow.