Evening star., 1895-07-11
THE TROLLEYSFIGHT
Arguing Today on the lexington
Roads Case.
BEHIND BREASrW0RK OF BOOKS
The Governments Attorneys Dis.
cuss the Law and the Facts.
A. DECISION TOMORROW

The arguments on the legality of the oc-
cupation of New York avenue by the over
head trolley poles and wires Of the Eek
tngton Railway Company were heard by
Chief Justice Bingham in the Equity Court
this morning. There was some delay, ow-
ing to the absence of Mr.. Rideout, the
attorney for the road, who did not arrive
Until 1890 o'clock. and was soon followed
py a couple of porters, carrying seventeen
law books, which were supposed to contain
at least seventeen different reasons why
the lexington Company is superior to the
Commissioners, and how it happens that
the directors know what Congress might
nave done il the latest session had been
six months longer. Before he got down TO
business fourteen more books were brought
in, and the stack on Mr.. Rideout's table
looked formidable in contrast with the half
dozen books in front of Messrs. Thomas
and Duvall, who accused Mr.. Rideout of
carrying the policy Of delay to the extreme
ct reading enough extracts from the
library on his table to keep the case run
Eng until Congress meets again.
Mr.. Rideout first stated to the court that
the first question to be settled was whether
the case should not be heard on bill and
answer. It had been so set by the COM
platnant. the railroad company He then
read the bill of the company, and while he
was SO engaged a court attendant brought
IN thirteen more books, making the num-
Der of calf-boun foundation stones for the
support CT the railroads argumentatiye
structure formidable one.
The Constitution.
Mr.. Thomas read the answer of the Com
mis- sioners and then Mr.. Rideout said that
the case arose from the eagerness of the
executive officers to carry on the business
of the municipality without guidance from
the courts. and he declared that the issue
was whether on hot the Commissioners
have the right to act upon their own con-
StTuction of the statutes to destroy the
property of the company. He cited the
Constitution Of the United States to sus-
tain his argument that the Commissioners
rave no right to tear down the poles and
wires without due process of law,'' and
was quoting at length from Kent, Coke
and other authorities to elucidate his the
ory OF the meaning of this famous phrase
wien Judge Bingham Interrupted him to
call attention to the fact that the Com
mlssiorers, in their answer have specifical-
ly declared that they do not intend forcibly
70 tear down the poles and wires.
Mr.. Rideout read the answer and insisted
that 1t was shrewdly drawn. The Commits
sioners, me pointed out, had said that they
mad not announced an intention to tear
down the wires. but that they intended to
see that the law should be enforced.
niSMts OF Congress.
They have held secret board meeting"
he said, ''and have heard luminous state
ment on the statutes from their distin-
guished attorney. and have made up their
minds what the law is, and now they pro-
pose to carry out their determine ton to
it,
This, he argued, was the function of the
courts, and the Commissioners should not
be permitted to exercise it. He was pro-
ceedins to arraign the statute which ter
inmates the period Of the overhead trolley
IN town as an usurpation of the rights of
the Judiciary, for, he said, 1t Is not within
the power of Congress to declare that the
enarter and property of a corporation shall
failure to comply with certain conditions
without hearing. Judge Bingham again
called his attention to the fact that Con-
gress mad the unquestioned right to make
conditions to the charter, ard that this
was expressly stipulated and reserved in
the original act.
Citing Authorities.
Mr.. Rideout insisted, however, that there
could be no forfeiture of charter or prop
erty without a hearing and he quoted
from Judge Bradley's opinion in the Met
ropolitan railway case to sustain his point.
In his argument he kept going further
back IN history for his authorities, starting
from Bradley, next quoting Webster then
the Magma Charta, and finally reaching the
E1bie. The earliest instance " here provision
was mede for judicial ascertainment of tae
rights Of defendant, he said, was in the
case of the establishment of cities of ref
uge, and then Mr. Rideout bethought him
Of an ever earlier case, ard declared that
before Adam was evicted from Eden he
was given chance to be heard
Coming down to more modern Instances,
the attorney assailed the right of the Com
mlSS1oHers to conStrue the law on their
own account, and then some parallels to
Congress should pass law prohibiting the
use Of any steam engine within a radius
of fou: blocks of the new city post office
wher. completed-and that The Star should
continue to run its engine after the day of
limitation. The Commissioners, in such
case, he said. would have no right to de-
stroy the engine without first giving The
Star its legal right of a hearing.
Mr.. Rtdeout spoke of the destruction of
the old Mt. Vernon Square market by ex-
Governor Shepherd, and denounced that act
as gross usurpation of authority, declar-
ing that the only reason why the market
was torn down that historic night was that
no Judge could be found in time to sign q
writ of injunction.
MIR. Thomas Arsues.
Again the court called attention to the
fact that the Commissioners have dis
>'e-A4iSA e-hJ AAiSSAtioh ~ dSotiOy lIS pIOp-
erty. and Mir, Rideout insisted that the
court could not forget the fact that it is
common knowledge that If the restraining
order had not been granted the poles and
wires would have been torn down on the
second day of July. The courts often had
to take judicial ccgnizance of the newspa-
pers, and they had strongly intimated that
such would be the course pursued. After
making another long argument about the
constitutional rights of the company, Mr..
Rideout gave way to Mr.. Thomas, who
said that a great deal of dust had been
kicked up by the counsel for the corpora
ton to becloud the case. which was a very
simple one. He briefly reviewed the legis-
lative status of the case. and then address
ed himself to the right of the Commits
sioners to carry out the positive provisions
of the law. He quoted New York case in
which certain telegs aph and telephone poles
and wires were taken down by the city af-
ter they had been condemned by the au-
thcritieS
In that case the courts upheld the city,
and declared that the remedy Of the corpo-
ration was an Injunction to prevent a tres
pass in case it had legal right to main-
tain the poles and wires, and il they were
wrongfully removed it might institute suit
for damages.
Mr.. Thomas reminded the court that the
streets and avenues of this city belong to
the United States, and thus are subject to
legisla tioa by Congress. In the present
case it has been decided by Congress that
~ Of pcla nd x1yiras