Evening star., 1895-06-12
TENDERS ON CARS
The Trial of the Charges Against
the Railroads Begun Today.
THE COLUMBIA Case FIRST HEARD
1t is Claimed That Due Diligence
Was Displayed.
EVID ENCE RESENT ED

against the street car companies for Vio-
lating the law requiring tenders and wheel
guards were called Judge Kimball granted
a continuance until today. Since then,
however, the officer detailed to look after
these violations has filed a number of
cases each day, and today when Prosecut-
ing Attorney Pugh called the cases for
trial he had thirty-six infornlations against
the four motor companies, and these
charges included a total of about nine
hundred cars.
There were ten charges against the
Washington and Georgetown road, nine
against the Brightwood road, nine against
the Georgetown and Tenleytown road, and
eight against the Columbia road. The inn
position of the penalty of 81 on each car
would amount to about $4,000.
Representatives of the different roads
We're in court with their counsel, when the
cases were called, and Mr. PuSh wanted
to know If all the cases could be tried to-
gether. To this counsel objected, and Mr..
Pugh said he would first call case against
the Columbia railroad. The information
charged that on the Sd of June the COM
pany operated eighteen cars without the
regulation tenders and wheel guards.
rs there to he contest of the law or
facts?" the court asked.
Both, 1 think" answered Jesse B. Will
son, who appeared as counsel for the COM
The Inspectors Evidence.
A plea of not guilty was entered. and In
spector Bradshaw was called to the stand.
He said that on the day charged he counted
eighteen grip cars on the road that were
not equipped with the regulation fender
and wheel guard. All the cars were equip
ped with Sterling guards, and one of them
also had on d Smith guard. This latter
guard, he said, is the one approved by the
Commissioners.
Mr.. Pugh said he would offer no further
proof. as he supposed there would be no
dispute about the facts.
None whatever" said Mr.. Wilson. I'VE
will admit that We are a company in good
standing"
you mean in good running remarked
Lawyer Garnett
Mr.. Wilson then said ne had thought that
at this time he would make no contest of
the law, but was of the opinion that the
whole case might as we'll be put before the
court as not. He said that the company
had done its best to get the pickup tenders
and wheel guards required or desired by
the Commissioners. Not only has the COM
pany been deSirous of getting these i'm
provements, he continued. but 1t has used
IT'S utmost endeavor to comply with the
regulations. The company, he said, lad
hoped 1t would be able to keep out of
court. but not until yesterday were its oln-
GERS abie TO tell just when the cars would
be htted with the required improvements.
IT was not the company's purpose he said
70 raise question as to the authority of
the commissioners to pass the regulations,
and carry them out.
But he said, I'VE claim that the law
as enacted, especially so far as 1t relates to
tns penaty, Is insufficient and imperative"
ne repeated that the company had done
all 1t could, and he would cali witnesses
and have all the facts presented.
The President of the Road,
PRESIDENT Baker in defense Of the charge
testified that year ago the road decided
10 change the motor power of the road,
and committee sent to New York re-
turned ana recommended the adoption of
Wnat IS known as the Broadway wheel
grip system. Witness told of the progress
OF the work of constructing the road and
said the cars We're ordered from the John
Stephenson Company
The Commissioners, he said were re-
quested to inspect the Sterling wheel
guards with which the cars were fitted.
and they finally did so.
1.-The Sterling wheel guard" said wit
ness, 'is the best thirg of it's kind in Amer
man."
Continuing. witness told of what the COM
pany had done toward complying with the
regulations of the Commissioners
He produced letters addressed to differ
ent companies in regard to the tenders, and
said that the fender that was in use was
rot disapproved until June 5. According
to information received from the manu-
facturers of the Blackstone tenders the
forty tenders required by the company
possibly within ten days.
Mr.. Baker said that he first knew of the
regulation, mentioning particular tenders,
when he saw a copy of it printed in the
newspapers.
The Smith fender, the one approved by
the Commissioners, said witness, struck a
stone on the track and went to pieces.
This Smith fender. Mr. Wilson explained,
was supposed to be a wheel guard and
fender Then he commented on the re-
quirements Of the law and said that just
what 1t requires has not been determined.
The regulations as he understands them,
require wheel guard fender. and in add-
ticn to these Blackstone pickup.
Mr.. Pugh thought that Mr.. Wilson's
iGeas of the regulations were wrong.
Mr.. Baker said that the contract for the
wheel guard tenders and pick-ups has
been given out and the pick-ups, he
thought. would be here IN less t than rt,. two
here within q month or two.
Necessary Time.
Judge Kimball said that with regard to
the question of fact, he was disposed to
give the company the necessary time to get
these equipments. The railroad company,
he thought, had made a good showing
Under the regulations there is loophole
which says other tenders which the Com
missioners may hereafter approve. The
Columbia company had fender which the
officers thought was better than the one
adopted by the Commissioners, and when
this was nndlly passed upon lLe COHPdHy
seems to have done all in its power in the
matter.
Mr. Pugh thought the defense had the
wrong idea of the meaning of the regula-
ton. He argued that he had made out his
case and thought the court should impose
The penalty. The regulation, Mr.Pugh said,
is plain, and he thought that no fender
other than the one mentioned in the regu-
lations should be considered.
Judge Kimball called Mr.. Pugh's atten-
tion to the fact that the Sterling fender
was not rejected until the 9th of June-two
days after this charge was brought.
Mr. Pugh said he had been informed that
this particular fender was rejected in De-
cember.
In support of this statement he produced
report of Inspector Bradshaw, made at
the time stated.
Counsel for defendants then said that
while his clients fender is not strictly a
Sterling fender, 1t has some of it's features,
and Inspector Bradshaw said it was gen.
orally known the Sterling wheel guard
fender, closely resembling the Sterling
company's improved fender.
Lawyer Wilson read 4 letter received
from the Commissioners, dated June 5, dis
approving the fender.
The Legal Question.
The judge said that the case assumed a