The morning times., 1895-07-30
Judge Cole Hears Arguments in
the Trolley Pole Case.
SCHOEPF LEAVES THE ROAD
His Duties in Connection With the
Construction of the Was hington
and Maryland Electric Line Inter-
fered With His Position on the
lexington Line.

Judge Cole yesterday morning listened
to the argument of counsel in the appli-
cation for writ of habeas corpus made by
Superintendent schoepf, of the lexington
and Soldiers Home Railway Company who
was fined in police court for his failure to
remove the poles aud overhead wires OF
road from New York avenue. After the
conclusion OF argument Judge Cole took the
matter under adviseInent with the intention
OF rendering decision early this week.
Mr.. John Ridout, who appeared for Mr..
schoepf, began the proceedings by reading
the petition, the substance OF which has
been already printed iii The Times.
on the argument that the streets OF the
city belong to the government OF the
United States and not to the District, Mr..
Ridout said that hatthecorporationwa without
authority to pass the ordinance under which
Mr.. Schoepf was fiued. Even if Congress
had passed the ordinance, he said, would
be q violation OF the fifth article of the
Constitution which prohibits the conversion
OF property without due process OF law.
UNREASONABLE AND ILLEGAL.
He thought the ordinance unreasonable
and consequently Illegal. If it were
strictly construed Mr. Ridout contended,
it would prevent people even walking and
driving over the streets, which, OF course,
was not the intention of the trainers of
the municipal law.
In replying for the District, Mfr. s. II.
Thomas held that the ordinance prohibited
such occupancy of the streets aud avenues
of the city as the company is uow doing
and he read, in support OF this, an elabor-
ate eopuiou delivered by Judge Cox, wherein
the ordinance in question was sustained.
Congress had made the ordinance its own
act, he said, when it continued in force
aud full effect the laws Of the late corpora
| ton aud undoubtedly the police court had
| authority to enforce it.
The courts of the District had frequently
declared the Ia W valid, Mr.. Thomas said,
| aud the jurisdiction or the police court
| was always sustained.
MR.. SCHOEPF'S RESIGNATION.
At nearly the same time that Mr.. Schoepfs
case was being argued before Judge Cole
| yesterday the railroad manager handed
in his resignation to President David
| NJ Newbold, OF the lexington and Soldiers
| Home Railway Company. MIR. Schoepf is
also general manager a nd engineer OF con-
struction of the company now being organ
| iZed to build the electric road between this
| city aud Baltimore and because his time VIII
be largely occupied with the sew enterprise
| is Mr.. Schoepfs reason for resigDing from
| the local company.
Mr.. Schoepf is a native of Washington
and commenced his career in the engineer
corps of tie District government. He
conducted the preliminary surveys wher
the Philadelphia capitalists known as the
Wideuer and Elkins syndicate first took up
the Eckingtona nd Soldier Home enterprise.
Since the syndicate purchased the Eek
jngton and Belt roads in this city Mr..
Schoepf has continued in the management
of the lines His transfer to the last en-
terpriSe is considered as promotion
The board or directors will act upon the
resignation at their next meeting when
Mr.. Schoepf's successor viii be appointed.