The morning times., 1895-11-26
JOIN HANDS FOR 1 FIGHT
8. & 0. and B. & P. Companies
at Law with Commissioners.
SUING FOR AN INJUNCTION
Objections TO the Order Requiring All
Trains and Locomotives to Come 10
a Full Stop Before Crossing Street
Hallway Tracks-TempOrary Re-
straining Order Granted.

combination, offensive and defensive,
has evidently been effected between the
Baltimore and Ohio and Baltimore and
Potomac Railway Companies, respectively in
the issue between these corporations and the
District government over the enforcement
Of the late amendments, Section II, 1s
and 8 Of article 10 of the police EQUATIONS,
respecting the stopping Of steam railway
trains at street crossings.
Two separate suits were filed yesterday,
each of the companies being represented, in
which the complainants seek to enjoin the
District Commissioners from enforcing the
regulations, and upon their petition, made
separately, but in language almost fdenti-
cal, an order was issued by Chief Justice
Bingham in equity court No. /, to the effect
that the defendants shall show cause on or
before Saturday, November 80, why an
Injunction shall not issue.
COMMISSIONERS ENJoINED.
1t was further directed that until further
order OF the court the defendants shall be
enjoiDed from interfering with the COM
panies in the running and management OF
their trains, or in the execution OF the regu-
latiOns complained
The order amending the police regulations
was made October %, and provides in sub
stance that no locomotive, or train with
or without locomotive attached, snali cross
over any street railway crossing without
first coming to a full stop, and shall not
then pass over without first being sigualed
by the gateman. 1t also prescrjbes that
the safety gates shall be closed during
the passing of the trains, aud that no cars
or engines, whether ln, train or not, shan
obstruct crussing for a longer period
than two minutes.
The claim of the petitioners is that the
I
tbority tu make such a regulation, and that
| the order is therefore void. The right to
regulate and prescribe the speed OF trains,
they aIege, is vested in and reserved by
Congress.
INTERFERENCE WITH MAILS .,
The enforcement of such an order, IT is
alleged, will interfere with the carrying
of the United States mails, thus interrupt
| ing the performance of Contract pre-
vIously entered into and originally, en-
forced. The railways, it is further stated,
are the mediums of the Interstate Com
merce Commission, and the police Tegu-
latIons complained of Constitute an attempt
by the Commissioners to regulate inter
state commerce.
The amendments are declared to be I'M
reasonable, for the reason, among others
| that the object is to compel steam rail-
ways to stop before crossing street ran
way track, WDeu tue puDilC litfitot Se-
be as well subserved by requiring the street
cars to make the stop. Such an order, IL
is cited, is already in existence in which the
! driver of street line is required TO await
| the signal Of the conductor before crossing
| the steam railway tracks.
! AMENDMENTS ARE ECONTRADICToRY.
For theseand other reasons, the companies
say, the amendments are contradictory, and
| in addition they are impossible of execu-
ton. 4 heavy train when stopped on the
grade at Four-and a-half street southwest
| il is claimed, could not be started without
the aid of an additional locomotive. and
besides. IL stopped as required by section
| II, that and the observance OF other pro
! visions would necessitate longer delay than
! the two minutes specified.
| The safety devices now in use are as
serted to be adequate for protection OF
the public, and the added specification is
made that the rights acquired by the steam
railways were guaranteed long before the
| city railways Were operated.
The return under the order issued yester
| day is TO be made on Saturday next.
Loeb & Hirsh are selling children's cloth
| ing at cost.