The morning times., 1895-11-10

| ErescriD6d Tor tho Regular Force,
| The District Commissioners will shortly
take steps to have the Brightwood Railway
tracks reiaid SO as to conform to the new
grade on Brightwood avenue, between
Whitney avenue and Rock Creek Church
road, the work to be done by the District
and charged against the company.
This action is fOreshadowed in an opinion
rendered yesterday by Attorney Thomas
TO whom the matter was referred upon
letter Of inquiry written by Assistant
Engineer Commissioner G. ]. Fiebeger
The attorney quotes section of the
charter or the Brightwood Company, which
provides that TN the event of a change
| OF grade at any time OF any OF the Streets
avenues or roads occupied by the tracks,
1T shall be the duty OF satd company to
change its said railroad SO as to conform
TO such grade as may have been thus es-
tablished, at its own expense"
The act OF July IL, 1878, 10 also re-
ferred 10, which contenIpiates that street
railway companies shall conform their
railway tracks to grade, but 1t does not
provide remedy in case they faii to com
ply with the law, as il does in the case of
their failure to do the paving required Of
them.
SIMILAR CASE CITED.
Attorney Thomas finds precedent for
his opinion In the decision of Justice Hag-
ner in the case of the District VS.. the
Washington and Georgetown Railway Conl-
pany, and concludes with the declaration
that the Brightwood Company having had
the opportunity to change its tracks, and
having failed TO do so. 1t becomes the right
and duty OF the District to do the work
n nd f.f.1 fhn HnGt nlrD inc fhsa
In the opinion of Attorney s. T. Thomas, a
special officer has the same right to make
arrests for crime as other members or the
Metropolitan Police Force have and at any
place.
The circumstances which called for this
expression was the reference Of a query
made by H. NJ. Wills. a special officer, at
the Baltimore and Potomac station who de-
sired TO know II he had the authority to
take a person into custody at the time of
committing breach Of the peace, or who
might be guilty Of other infraction OF the
law, in his presence, even If the act be not
committed within the limits Of territory
prescribed by his commission
Mr.. Thomas says that section 3I5, OF the
revised statutes of the District, authorizes
the appointment Of special policemen to do
duty at any place within the District, at
the charge and at the expense OF the person
by whom the application Is made. Section
376 declares that special policemen shall
be subject TO the orders OF the Commission
ers, and shall obey the rules and regulations
and shall perform such duty as the Com
mfssioners may detail They shall, also,
during the term OF their appointment, possess
all the powers, privileges, and duties uf the
police force.
ATTORNEYS REASONS.
For these reasons, and Dased also upon q
conrt decision in a case brought for false
arrest, when the officer making the arrest
was q special policeman, the attorney
comes to the conclusion noted.
This will have an important bearing on
the status of class OF patrolIDen who
have heretofore been held 10 the limits
OF a prescribed territory IN the discharge
OF their official duties
The Commissioners have been asked by
a correspondent, MI w. j. Morris, as to
whether or not the District proposes to
enter suit against the Washington Market |
Company TO recover the rents and profits
accrufng during its .-anla wful occupancy OF
HayrDarket square,"
The market company claimed possession |
of the square under a lease and held ft !
for a number of years, renting stands and
spaces therein to market dealers. Under |
a decision recently rendered by one OF the |
District courts, the property passes to |
the possession of the District, and the idea |
of the inquirer seems to have been that the |
market company should be made to pay |
over its accumulated Rents
The matter has been referred to the at |
torney for the District for an inyest- |
CATION of the legal phases.
President Baker OF the Columbia Rail |
way, and President Dunlop of the Capitol
Traction Company, have been each asked |
TO assist the police department in enforc-
ing the regulations against the last driving /
of vehicles at crossings where the two /
roads tntersect.
PRESIDENT BAKERS SUGGESTION.
At President Bakers request, the Com
missioners recently issued an order reQulr-
ing the observance of the regulations and |
yesterday a letter was addressed to him
and 10 Mr.. Dunlop requesting that their
trainmen be directed TO report all viola
tons that may come under their ooserva-
ton.
Mr. Roger Williams, clerk 10 the excise
board, has placed four hundred and fifty
for licenses in the HANDS of the
police for investigation since the first
of the month. About one hundred responses
nave been received.
The applications viii. as far a S possible,
be considered in the order in which the ap-
plicalions were received. The clear"
cases viii, however, be first considered.
as all over which there is the probability of
contest will be held for a hearing OF the
protestants.
1t is the intention of the board to adhere,
in all cases when practicable, to the rule
Of granting no public hearings, the re-
Qeiremeni being that arguments FOR and
against shall be submitted in the form of
briefs.
The wholesale market men arc not al
together satisfied with the arrangements
for disposing Of the stalls in Haymarket
square.
Col. Wright Rives, who was at he Dis
trict building yesterday, suggested the
possibility of q number of proposals teing
received for each Of the best stalls while
many others not SO desirable Will not be
wanted by anybody.
Col. Rives suggested that all the stalls
be exposed TO public auction and let the
highest bidder get his choice.
WHEN FUNDS ARE PROVIDED.
With regard to the proposed change in
he center space, as suggested by the whole
,ale dealers, Col Rives was advised by let
er that no consideration can be paid to
he recommen dation until the Commits
,ioners are in receipt OF funds. To meet
his contingency the suggestion is made
hat the bidders viii pay three months rent
ZACH in advance. Considering That there
will be two hundred stalls available at q
ow estimate, the sale will probably net
s3, 900 for the first quarters rental.
Messrs. H a. Willard. John JOY Edson, and
B. Wilson had a conference yesterday
with the Commissioners respecting the prop
,sition made by the board OF assistant
assessors for an extension OF the time for
he required report Of the assessment now
,oing on.
The request of the assistant assessors lis
strongly indorsed by Assessor Trimble, and ,
S based upon the amount OF work imposed ,
ipon them under the law.
The law, as passed, requires that the ,