Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-19
Developments Today in the Ana
costa Railroad Troubles.
BEFORE COURT and COMMISSIONERS
A Writ of Mandamus and the Re-
scinding of the Charter Refused.
PROCEEDINGS DETAILED

Judge Cole today refused to issue writ
Of mandamus compelling the Anacostia and
Potomac River Railway Company to re-
sumo the operation of the road, as petition
ed by William H. Peck a citizen of Ana
costa.
The rule to show cause why the writ
should not issue, granted yesterday by
Judge Cole. resulted this morning in the
filing by the company, through Attorney
Job Barnard, of demurrer, not an an
swer. Mr.. Barnard claimed that the petit
ton Of Mr.. Peck did not show that he had
any action or right to ask for a writ of
mandamus; that the petitioner did not
show that the defendant violated any duty
prescribed by law: 1t did not show that the
defendant had the power or means to do
the thing that was asked to be done, and
that 1t did not show that the duty sought
to be enforced was clear and indisputab BILE.
Mr.. Barnard first claimed that citizen
has not the right to ask for a writ of man
damuS In his own name, but must file the
petition with the United States. from re-
lation with the citizen, as plaintiff He
then declared that no one is more anxious
to run the cars than the company, but add
ed that 1t is unable to do SO, and went on
to say that one reason why a detailed an
swer to the petition was not made was for
fear 1t would add to the fire of feeling now
burning in Anacostia.
1.-THE court cannot run a railroad by a
fiat or mandate" ccntended Mr.. Barnard,
''and neither can it employ men for that
purpose. The board of trustees are the
parties vested with authority to operate
the road; the question as to whether or
rot the'road can be operated with or with
out loss Is for the trustees to determine
not q railway employees union. Furt her
more 1t must be shown that a party has
power to do d thirg asked, otherwise 1t
Is futile to so to court in an endeavor to
compel the desired performance
In reply, Mr.. Ralston, representing the
petitioner, stated that the issuance of a
writ of mandamus is discretionary with
the court, the right to the writ not being
est peculiar to himself in this matter"
continued the attorney. His property in
terests are attacked. and also by the ext
geacies of his business he must have
place of employment. l have been unable
to find case where the circumstances
were similar to the one at issue that the
writ of mandamus was not granted" The
attorney read from several authorities.
No Ground for the Writ.
Judge Cole stated that the impartial rum
ming Of cars does not prove that the COM
pany has not abandoned the road, and went
on to say that there was no allegation in
the petition to show that the company
runs cars and horses. Suppose the horses
are disabled and the company has not the
means to supply new ones or to introduce
cable or electric power, wouldn't 1t be folly
for me to issue mandamus to compel the
operation of the road? 1 do not think there
is the slightest ground for tine issuance of a
mandamus."
The demurrer was therefore sustained
and the petition dismissed. Mr.. Ralston
was denied the privilege Of amending the
bill.
All Quiet in Anacostia.
There is no news whatever today in Ana
costa in regard to the strike. Everyt hing
there is quiet. All the parties interested are
calmly awaiting the action Of the court, to
which the most important part of the con-
troversy has been transferred, as has al
ready been stated in rne Star. A mass
meeting of citizens and sympathiZers of the
strikers is to be held tonight in Anacostia
WILL LOOK INTO 1T.