Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-17
The Commissioners to Move Against
the lexington Company.
PROCEEDINGS IN TIE POLICE COURT
What Was Done at a Conference
Today.
THE APPEAL NOT A STAY

ProceedfngS VIII ShortIy Ee 1nStltuted Dy
the District against the lexington and
Soldiers Home Railway Company to COM
pei an observance of the law relative to
tho unlawful use Of overhead wires.
This was practically decided by the Com
missioners this morning. when. sitting as a
board, the whole subject matter was taken
up and discussed The attorney for the
District. Mr.. S. T. Thomas, was present
and participated in the debate. During
the examination Attorney Thomas said
there was nothing in the appeal nor the
bond filed which acted as stay and pre-
vented the Commissioners from proceed
ing against the company for violation Of
law. It was suggested by one of the Com
missioEers that the company be taken into
court for obstructing the street, but it
was stated even If this were done and a
case made an appeal would be taken. The
proceeding might be repeated every day.
as was the case with the merchants along
Louisiana avenue who obstructed the side
walk. Nothing was determined then, and
the hearing closed with the Commissioners
In favor Of taking some action against the
company.
called a meeting of the board. and little
while afterward the board held an execu-
tive session in Commissioner TruesdelFs
private office. Here the case was again
that Major Powell urged that immediate
steps be taken to compel an observance of
the law, If 1t were found that the Commis-
sioners had any power in the premises.
Attorney Thomas was hurriedly sent for,
and when he arrived a messenger showed
him into the room where the Commission
ers were wrestling with the troublesome
case.
The Commissioners Reticent.
For over an hour the subject was con-
sidered, and when at length the meeting
ended the Commissioners emerged with
satisfied look upon their faces. An appli
cation by The Star reporter for the result
of their discussion was refused. Commits
sioner Ross said:
There is nothing to be given out as yet"
Commissioner Truesdell said: TT Is true
that the subject you ask about was dis
cussed, but nothing was done"
Commissioner Powell smiled when asked
If 1T were not true that the Commissioners
would shortly move against the lexington
railroad trolley, and said: There Is moth
ing to be given out yet"
While the Commissioners declined to dis
cuss the matter. and refused absolutely to
state what, If any, action would be taken
egainst the Eckington railroad, 1t neverthe-
less transpred that proceedings would be
at once instituted in the Police Court
against the company for maintaining OBJ
structions to the streets. This will be fol-
lowed, it is stated, by more drastic meas
Tres, and unless the Commissioners are
thwarted, 1t will not be many days before
the poles and overhead trolley wires are
removed.
Attorney Thomas ON the Appeal.
The attorney for the District was seen
shortly after the board adjourned, but de-
clined to state what had been determined
upon at the secret meeting. Referring to
the general proposition as to whether the
Commissioners had any power to remove
the Illegal poles and wires or otherwise to
proceed against the company. or whether
the appeal and the filing Of the $4,000 bond
acted as a stay against the Commissioners
to prevent them from removing the trolley
street obstructions, he said:
II do not care to argue this case In the
newspapers, but do feel justified in reply
ing to the implied charges as to the course
have pursued in the matter. Were it not
for the communication in The Star from
member Of the bar as to the question Of an
appeal acting as stay. think would let
the matter pass unnoticed. Now, as mat
ter Of fact, the case is a very simple one.
I have never advised the Commissioners.
nor stated to any one that the appeal Of
acted as stay, and tied the Commission
ers' hands. On the contrary, have held
Just the reverse. There Is absolutely moth
ing in the appeal nor in the bond filed
which prevents the Commissioners from
taking action"
While it Is not definitely known when the
Commissioners will proceed against the
company, 1t is believed that action will be
taken tomorrow.