Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-08

Associate Justice Cole of the Supreme
Court of the District Of Columbia has de-
cided that he cannot interfere with the
prosecution as nuisances of the poles and
wires Illegally maintained on New York
avenue by the lexington and Soldiers
Home Railroad Company and that they
may be removed by the District Commits
sioners whenever the Commissioners feel in
clined to remove them. Justice Coles con-
clusion-published in full elsewhere in The
Star-that the poles and wires may be
prosecuted under the ordinances as illegal
distractions Is not surprising, but the ex-
preston of an opinion TO the effect that it
would probably be we'll to delay removing
the poles until that indefinite date in the
remote future when the company will an
nounce that it is ready to substitute for
the trolley some other motive power than
horses was entirely unexpected. If the
judges suggestion should be followed by
the Commissioners the authorities would be
placed in the position occupied by the
Maine politician in respect to the Maine
liquor law. who announced himself as Fin
favor of the law, but agin it's enforcement"
Justice Cole states clearly. however, that
the extent of his judicial action is to sus-
tain the ordinance and the prosecution, and
10 refuse the habeas corpus, and that the
manner of enforcing the law is in the sound
Judgment of the Commissioners, over which
this court has no control in a habeas
corpus proceeding" The responsibility of
enforcing the law or of permitting 1t to be
defeated on various pretexts is placed
solely upon the Commissioners.
The argument that because Congress in
a general way has not favored the use of
. horses as street railway motors, therefore
the trolley. which Congress has directly
and specifically condemned and made il
legal within the city limits, should be il
legally maintained, until some other motor
than horses is provided as a substitute, is
clearly untenable. We are not TO violate
the expressed will of Congress, crystallized
into law, on the ground of humoring Con-
gresss imagined but unexpressed wishes.
That Congress has ceased to smile upon
propositions to operate street railroads by
horsepower is undoubtedly true. but there
is not OF record any specific instance WHERE
Congress even intimated that horses might
not take the place of the overhead-trolley
on New York avenue; whereas on the
statute books is unmis taxable testimony
to the desire Of Congress to drive the troll
ley beyond the city limits. 1t is, there
fore, straining the argument almost to
the point of fracture to claim that
because Congress insisted upon an I'M
foreground mechanical motor on the
Washington and Georgetown and Metro
poltan roads therefore the lexington COM
pany should not use or be compelled to use
horses on New York avenue. Several of
the city roads use horses. The lexington
itself subs tituted horses for it's storage
battery on G street If the road to save
money can palm off horses on the public
In the place of superior motor may not
the public require that a legal motor, even
horses, be substituted for the illegal and
Objectionable trolley? Had the lexington
company any desire to obey the law it
would long ago have been engaged in
e@ipping its New York avenue line with