Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-13
PROSECUTIONS SUSPENDED
The Commissioners Stop the Gases Against
the lexington Road
An Action Rased on Judge Coles
President NewbOld.

All prosecutions in the Police Court
against the lexington and Soldiers Home
Railroad Company for obstructing the
streets, by continuing the overhead trolley.
contrary tc law, have been ordered to
cease.
This was authoritatively stated today.
There are some twenty or thirty cases
pending, which were continued by the
court. These will all be nolle pressed, and
nothing more In the shape of prosecution
will be permitted for some time to come.
This action is believed to be due mainly
to some things said by Judge Cole in his
opinion given in denying the writ of
habeas corpus in the trolley case.
Judge Coles Opinion.
In closing his opinion, Judge Cole said:
1.-THE ordinance being valid, it follows
that the Police Court had jurisdiction of
the case. There is 10 claim that the pen
atty imposed is not in accordance with the
ordinance and the law. The question of
whether the petitioner was, in the light of
the facts stated in the petition, guilty of
violation OF the ordinance was one which
the law submits exclusively to the Judg-
ment or that court, and even were l OF
opinion that that court had erred in ind
nance, this court could not for that reason
discharge the prisoner The object, of
course, of the prosecution in the Police
Court, or any other similar prosecution
which may follow it, is to enforce the re-
moval of the poles and electric wires. AS
Stunning that the poles are illegally there,
which question l believe is pending in the
Court of Appeals, they should, of course,
be removed as early as that may reason-
ably be done without unnecessary injury
to private property or Inconvenience to
citizens who use the road as means OF
travel.
1.-The immediate or hasty removal of them
would of necessity result in both, which. of
course, ought to be avoided if it properly
may be. change to horse power is the
only one that could be made in brief
period, and the legislation of Congress in
recent years indicates that that body in
tends to abolish that means of propelling
street cars in the District at an early day,
as well as overhead wires. A change to
horse power would therefore in all probabili-
ty be only temporary. Whether the con-
dnuance of the poles and wires in their
present position until the question pend
ing in the Court of Appeals can be de-
termined, or until such time as they can be
removed without irreparable injury to pri-
vate property and Inconvenience OF the cit
liens, is such public grievance as to re-
quire or justify the Commissioners in con-
tinuing prosecutions like the one under con-
sideration, in order to force their immediate
removal is a question in the control of the
Commissioners, and which addresses itself
to their sound judgment and discretion,
which they will undoubtedly exercise wisely
with a view TO the best interests of the
people of the District.
"Over that discretion this court has no
control in Il beas corpus proceeding. 1t
follows that the writ of habeas corpus
must be dismissed and the petitioner re-
manded to the custody of the intendant Of
the Washington Asylum
This opinion has been construed by those
in, ri Nv tn
should be done until the matter is finally
disposed of. Several days ago. it is under
Stood the prosecuting attorney IN the Ponce
Court applied to his supeEorS for inStruc-
tons as to proceeding against the company
for its continued unlawful occupancy Of
the streets He was informed of the de-
c.son and directed to take no further steps
in the prosecution of the railroad company
until otherwise ordered
Looking for n Letter.
It has been expected that the Commits
sioners would receive some letter from the
president of the road setting forth exactly
what the company proposes to do. They
are all familiar with the views of Presi-
dent Newbod as printed in The Star. but
they desire something in black and white
setting forth the position of the COMPANY
regarding the future conduct of its road
Up to thi t:rne word has been received
Yesterday he attorney for the road. Mr.
John Ridout, called upon the Commission
ers and it may be that he brought word
from the company. He declined to be in
terviewed by The Star reporter, and the
Commissioners would say nothing.
Protest From the Catholic University.
The vice rector CT the Catholic University
has submitted letter to the Commission
ers, protesting against the removal of the
trolley poles and wires Of the lexington
road. until that company has had an OPP
portunity to obtain from Congress author
ity to issue bonds, in order to substitute
some other means of rapid transit. He
claims that the public convenience does
not warrant interruption with the street
railway system to and from Brookland,
and the university would be especially in
convenienced.
Bishop Keane Joined the vice rector in
the appeal, and says he hopes the Com
missioners will not remove the trolley wires
and poles until the company has had a
reasonable time to make the change.