Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-24
TROLLEY'S new MOVE
An Application for a Writ Of Habeas
Corpus.
10 GET SCH0EPF OUT OF DURANGO
He Was Constructive!y Committed
to the Work House Today.
PROCEEDINGS IN COURT

PROCEEDINGS IN COURT
Yesterday afternoon in the Police Court
when Judge Miller announced his decision
in the case of w. Kesley Schoepf, vice
president and manager of the lexington
and Soldiers Home railroad. as printed in
yesterdays Star, holding the company
liable for occupying the streets with the
POLES and electric wires, Mr.. Pugh. the
prosecuting attorney. asked leave to file
twenty-five additional charges against the
defendant one charge for each day this
month.
Lawyer Ridout, for the defendant,
thought that this action was little out
of the regular order. but Mr.. Pugh sub
mitted that as the defendant was in court
he had right to file the charges. All he
wanted was for the defendant to give his
personal bonds in the cases and avoid the
necessity of serving them.
Counsel for the representative OF the
trolley company thought that the action
Of the prosecutor would have the effect of
a persecution and would prevent the COM
pary's taking the case up on writ of
hateas corpus. The writ, he said was
to be applied for in good faith, and he
felt certain that the Court of Appeals, If
not enc of the other judges. would decide
the matter favorable to the road.
1--WE are not responsible for any delay"
said counsel. that might result from the
adjournment Of the Court of Appeals for
the summer"
He thought that in Justice to his client
these additional charges should be laid
over until the habeas corpus Is decided.
Mr.. Pugh said he would certainly object
to any such arrangement. He had filed
the cases and certainly he would ask that
,~1A @vrI invita-.
are on New York avenue in violation Of
law, and unless otherwise ordered he Will
insist that the cases be heard without
delay.
case as should be continued to await a
decision. There is an occupation Of the
street In which the public is Interested,
and the government is anxious to have the
certainly not going to take such action
as will tie the hands of the government
and virtually end the prosecutions for
weeks and perhaps months.
The Manager Fined.
Today the Police Court proceedings were
very brief. Mr.. Schoepf and his counsel
appeared and Judge Miller announced the
penalty, $25 fine, and in default to be COM
mtted to the workhouse The fine was not
paid, of course, for that would have ended
the proceedings. but the defendant was
constructively in the hands Of the intendent
of the workhouse. Subsequently Mr..
Schoepf's counsel applied for writ of
habeas corpus to issue to the intendent Of
the Washington Asylum.
Writ of Habeas Corpus.
The writ recited that the petitioner. VIM.
X. Schoepf, is now prisoner confined in
the custody of Walter H. Stoutenburgh.
intendent Of the Washington workhouse in
the District of Columbia, for supposed
offense which is charged in the informa-
ton filed against him in the Police Court
of the District of Columbia. Then Is given
in full the allegations made in the informa-
ton, and also the wording of the commit
ment to the workhouse.
The motion made by the defendant to
Quash the information, and the special plea
filed after the motion to Quash was over
ruled, are given in full.
The petition then goes on to say that the
petitioner ''interposed a plea of not guilty.
whereupon proof was adduced to the pros
ecution tending to show that on New York
avenue between It'll street and the bound
airy of the city Of Washington there had
been erected by the lexington and Soldiers
Home Railway Company certain iron poles.
Embedded In the surface Of said avenue. on
which poles were strung two wires for the
purpose of propelling street cars of said
company by electricity; that said poles and
wires were erected about SIX years prior TO,
and were upon said street and In use by
said company. on the second day of July,
1895; that this petitioner Is the vice presi-
dent and general manager of said railway.
and the foregoing was all the proof onered
IN the case, whereupon this petitioner was
adjudged by said justice to be guilty and
was sentenced to pay fine of SIS and In
default Of payment thereof to be commit
ted to the workhouse for thirty days.
THAT petitioner Is advised by counsel,
and verify believes. that said conviction
and imprisonment are Illegal in this
THAT the said ordinance is void because
the same was ultra wires, the said late
CORPORATION of Washington because 1t Is
indefinite, uncertain and unreasonable.
Because it does not apply and was not
intended to apply to the offense with Wnlcn
petitioner is charged.
because the poles and wires complained
Of were not erected or strung by this de-
PENDANT, but by the lexington and Sol
diers' Home Railway Company OF the DIS
trict of Columbia, a corporation created by
act of Congress approved June IA, 1888.
25th Statutes, 100, the said poles and wires
having been erected by said corporation
by virtue of the authority upon 1t by Its
said charter.
because said wires and poles together
constitute one permar ent structure, firmly
annexed to the bed of said street, and If
said structure be Illegal 1t is purpresture.
for the removal of which provision Is made
in section 1918 of the Revised Statutes Of
the United States, the proceedings provfd-
ed for by said section being bill In equity
for a mandatory injunction. which pro-
ceeQ1nR IS not WlCElu lu0 JuTlSulCuOu u Lie
said Police Court
Wherefore, petitioner prays: That the
writ of habeas corpus may be issued In
this cause; that he be discharged from said
custody; that pending the hearing upon the
said writ he may be admitted to bail; that
such further order may be made as to
right and justice may appertain."
Before Judge Cole.
Attorney Ridout, In company with Mr.
schoepf, this afternoon appeared before
Judge Cole, after filing the application fol
the writ. Attorney Thomas not being pre-
pared to argue the matter then and there
the court fixed upon Monday morning nex1
at 10 o'clock as the time for disposing o.
the matter. Mr.. Schoepf gave bail III the
sum of $500 for his appearance at the tint
mentioned.
Judge Cole stated that he understood Il
was the intention of the district attorney II
| file informations against the road each day
| He then took occasion to suggest that Ii,
| further action regarding the case be .aker
| in the Police Court until the petition fo
| writ Of habeas corpus be disposed Of
| MONTGOMERY PROHIHITIONISTS.
| They Nominate Ticket and Hold q
| Ratification.
| Special Dispatch to The Evening Star.