The morning times., 1895-07-19

success in obtaining an appeal from Judge
! Bingham's decision, diSsolviBg the in
| junction granted the company against the
! Commissioners The press was silent,
| except to conclude that that settled the
matter until the fall term of court and the
people generally believed that to be the situ-
| alton.
STARTED BY THE TIMES.
The case was about to take nap until
! fall, so far as could bc asCcrtained from the
the points, first, that the lexington Com
pany was not entitled TO an appeal from
! Judge Bngham's order, ana second, that
! even granting that an appeal had been
/ enormously allowed the remedy was for
! the Commissioners or anybody else TO go
ahead and remove the poles as a nuisance
| There was dlSpoSitionisc certainquarters
! to ignore these positions, but when The
Times kept the matter prominently before
! the people from day to day, there were a
! great many conversions among public and
| private lawyers and other citizens 10 the
I legal theory OF The Times. A lawyer said
! yesterday.
why if the public authorities did not
believe that the appeal was stay, what
were they staying for? Can they assign
single reason why they did not proceed
/ Immediately and not wait until The mes
| had made the point" which made it plain
that at least good chance for a fight
/ had been neglected.
Another thing: If, as has been shown
| by quotations, an appeal cannot lie from
| an order dissOlving an injunction which
| is not final, how is it that that point was
| not made during the proceedings? IT,
under the law, the appeal was not granted,
! then there would have been no question
| OF whether or not the Commissioners would
| be in contempt OF court by prompt action"
| The fight just now is a pretty one.
FILED THE INFORMATION.
| Mr.. Pugh filed the Information against
William X. Schoepf, vice-president and
general manager OF the lexington street
railway, and Hamilton K. Gray, treasurer,
charging them with occupying public
space for private purposes.
The information would have been issued
for the president OF the road, Mr.. D. NJ.
iNewbold, but he resides in Baltimore aud
cannot be reached. The charges contained
| in the warrant are a follows.
Sidney t Thomas, attorney for the
! District OF Columbia, by James L. PUgh,
Jr., special assistant attorney for the
| District OF Columbia, who for the said
! District prOSecutes in this behalf in his
| proper person, comes here into court and
causes the court TO be informed. aud COM
lplains that William X. sChoepf and Hamilton
h. Gray, late Of the District OF Columbia
! aforesaid. on the 18th day of July, in the
| year A. ID. 1895 in the District of Columbia
| aforesaid and iu the city OF Washington on
New York avenue, being then ana there
private persons, did then and there occupy
| said avenue for private purposes, to-wit
| by strjnging wires along said avenue upon
| poles permanently ereCtedupon said avenue,
contrary TO and in violation Of an ordinance
of the late mayor, board Of aldermen aud
| board of common council OF the late cor
! nnrgtinn nj wa GbiuCtap entitled. n
ordinance for the protection Of public
! buildings, grounds, squares and reserva
TONS approved November %, 1862, aud
constituting a law of the District of CO.
lumbia."
AN EFFORT TO DELAY.
Mr.. Pugh stated that there would prob
| ably be an effort made on the part OF the
| company's counsel TO delay the cases by
| obtaining writs of Certiorari TO the upper
court, as was done by the Louisiana avenue
| merchants. He declared, however, that
! in such an event he would file new infor
! nation each morning, and if this did not
| suffice to bring the company TO time lie
would file an information against each pole.
The penalty for each offense is a fine Of
not less than $50, and if be pursues that
! course any delay would be very expensive
for the company. He is confident that the
! trolley poles will soon cease to exist on
/ New York avenue.
! Mr.. Schoepf was seen at his office yeSter-
/ day afternoon, but declined to discuss the
matter.
Someone called my attention to the fact
! that the informations had been filed" he
said, but / do not know just yet what ac-
tion our company viii take. Further than
! that have absolutely nothing to say"
HAS BEEN MISUNDERSTOOD.
Each OF the District Commissioners as
| well as Mr.. Thomas was interviewed by
| The Times yesterday. The latter insists
! that his position has been understood by the
| public, and that he has been unnecessarily
! criticised. He says he has never held the
! view that the appeal from Justice Bing-
| ham acted as stay TO further proceedings,
| either through the courts or by the police
/ agency in the removal of the poles and
! wires from the streets. He intinaated also
| that the case would be pushed to COM
! pletion.
When MIR. Ross, president OF the board,
| was informed that Mr.. Pugh had promptly
! obeyed the orders of the Commissioners by
| obtaining warrant for President Schoepf,
he jocasely remarked
THAT shows that you can get the news
much quicker than / can," and turning to
large portrait that rested against the
wall, he smiiiHgly directed attention to
the beautiful picture" just obtained of
/ 'Mr. Whitney"
Commissioner Truesdell, as he was hur-
riedly leaving the building to catch a train,
responded with Has Mr.. Pugh pro-
cured a warrant? He is certainly entitled
! to your compliment upon his promptuess.''
Engineer Commissioner Powell had not
! heard of the issuance Of warrant, and was
| quite as diplomatic in his responses as were