Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-10
The COmnlisslOners' "SOund JudE-
ment."

Out Of discussion as to the anti-legisla-
tive rights of the lexington and Soldiers
Home Railroad Company-which came up
for discussion in the Police Court yester-
day-has come a statement which has it
that Judge Cole, in denying the Schoepf
application for a writ of habeas corpus in
the Iong-delayed trolley-pole case. init
mated that there might reasonably be sus-
pension of further Police Court prosecu-
tions until definite conclusion was reached
by the Court of Appeals. Such a view of
Judge Coles remarks does not seem to be
warranted by the record. What Judge
Cole did say was this:
The object of the prosecution In the
Police Court Is to enforce the removal of
poles and electric wires. If the poles are
Illegal they should. of course. be removed
as early that can reasonably be done
without Inconvenience to private property
or persons. The hasty removal of them
would result in both and should be avoided
The change to horse power is the only one
that could be made In a brief period. and
the acts of Congress show that that body
intends to abolish such power. The
change to horse power would therefore. In
all probability. be only temporary The
continuance of the poles and wires until
such time as they can be removed without
an injury to private property and incon-
venience to citizens is a public matter in
the control of the Commissioners and 1t
addresses itself to their sound judgment
which they will undoubtedly exercise.
Over that question this court has no con-
troll in haheas corpus proceeding.
Judge Cole. 1t win at once be seen by
those whose mental vision is clear. did
nothing more than announce that the obli-
cation of enforcement was upon the Dis
trict Commissioners. In an entirely extra
judicial way he intimated that 1t would
rot be improper were the Commissioners to
permit the poles and overhead wires to re-
main until the railroad company should
have In working order modern and under
ground substitute for the crude trolley sys
tenn which continues to be operated on
New York avenue. Whether there should
be delay In enforcement of the law. which
insists that the poles and wires shall come
down instantly, Is left entirely with the
Commissioners sound judgment, and more
than that the court could not doe
Up to this time 1t would appear as If the
Commissioners have not only been careless
as to enforcing the law but have also re-
Trained from doing what they could to en-
courage the lexington company to modern
ize its equipment; they have neither put
into effect the powers conferred upon them
by statute nor have they apparently sought
to compel a more acceptable application of
electric motor-force than that which Is now
made on the lexington road. But the
Commissioners will not of course abandon
or permit to be sacrificed in court their
power. judicially confirmed at every point,
to cut down the Illegal poles at pleasure
or to compel their immediate removal by
the company through an accumulation of
prosecutions Though they will not exer-
else this power. they can by merely holding
1t over the head of the company greatly
expedite the work of equipping the Ecking-
ton line with an underground electric sys-
tenn. which the company declares 1t is ar
ranging to Install.