Evening star., 1895-06-13
GIVEN MORE tt M e
Result of the Car Fender Cases in the
Police Court
Reasons Why the Roads Have Not
Been EGuipped-Commiss
ers Had the Power

Yesterday afternoon in the Police Court,
after The Stars report in the street car
fender cases closed, counsel continued the
argument as to the law in the case, but
Judge Kimball had looked into the question
and was satisfied that counsels argument
did not fit this particular case. Reference
was made to the decision in the Eaton
oleomargarine case, but in that affair, Judge
Kimball held, the commissioner went be-
yond his authority in making regulations,
and. therefore, the case was entirely diff
ferent from the one before the court. The
act of Congress giving the Commissioners
authority to make the regulations, as well
as the regulations making certain require
ments of the rapid transit lines was read
and Judge kimball discussed every clause
in them before deciding that the Commits
sioners had right to make the regula-
tions and they also had right to provide
an effective penalty clause
President Baker of the Columbia ca BILE
road made his explanation early in the
day, as published in yesterdays Star, and
SAID he had been physically unable to COM
ply with the requirements of the regula-
tions.
President Dunlop Explains.
Later in the afternoon President Dunlop
of the Washington and Georgetown cable
road, and President Cummings of the
BriShtwood electric line made their state
ments. The burning of the car shops Of
the Brightwood company late in January
had destroyed cars and a number of fen
ders, and had SO delayed the work that it
had been impossible TO get the fenders al
though he thinks he will have the tenders
and pick-ups OIL the cars in thirty days
time.
President Dunlop, in behalf of the Wash
ington and Georgetown railroad, said that
n fnr he
necessary appliances soon after the regula-
tions of the Commissioners, and there had
not been time enough to equip the cars.
The company he said, could not spare
more than three grip cars each day to have
the work done without serious interruption
to traffic.
Other Testimony.
In behalf of the railroad companies, the
inventor of the Blackiston fender and pick
up as we'll as representative of the man.
ufacturing company, was called, and their
evidence was to the effect that the time
given the companies by the Commissioners
was not long enough; that the appliances
could not have been made IN the shops and
put on the cars.
Commissioner Powell was put on the
stand witness and he corroborated the
testimony of the railroad officialssconcern-
ing the uncertainty about the adoption or
rejection of the sterling fender.
Mr.. Pugh, for the District made strong
and it was his idea that the court should
impose fines in the cases.
But Judge kimball thought differently.
He was of the opinion that the companies
had made an honest effort to comply with
the law, but had been physically unable to
do so. So far as he was concerned he was
going to do what he thought was right in
the matter. He recognized the absolute
necessity for the Tenders. as they are neces-
sary to protect life and limb but as the
companies had made such a good showing
he was not disposed to compel them to pay
fines.
Given Time.
Sentence in the cases was suspended, and
the companies mentioned were given time
to complete the work. The Washington and
Georgetown company was given six weeks,
the Brightwood company thirty days, and
the Columbia road two months.
Mr.. Nathaniel Wilson represented the Co.
lumba road in court yesterday, and not
AIR. Jesse Il. Wilson, as was reported.
Another Case.
This afternoon Judge Kimball took up the
case of the Georgetown and Tenleytown
electric road, there being eight charges
against the company.
Not Stonebrea<er.
The District Commissioners today re-
ceived the following letter from Mr.. ]. W.
Douglass, president of the Automatic Car
Fender Company:
Perhaps you noticed in the Police Court
| proceedings of yesterday that one of the
witnesses said that the Smith automatic
fender had run into a pile of stones on the
track and was smashed, etc. AS you
adopted that fender (or, properly, wheel
guard), it is due to you, as well as to the
company making that guard. to say that
the accident occurred in entering the power
house of the road, where, it is said, some
workmen were repairing the pavement,
and had left pile of stones in the center
| of the track. We never recommended the
| Automatic as stone breaker a pile a
| little larger would have broken the car it
| self, and still larger would probably have
| derailed a locomotive. The guard was
| made to save life and limb when exposed
| before motor at regular work on the
| street This it will do every time without
fail. And, with the ordinary wear and tear
of the daily working of a car on a fair
track, will continue to do so, and last as
long as the car itself. To ask a device of
this kind to butt stone heaps in addition
is as ridiculous as it would be to expect a
watch to keep correct time, and Yet occa-
sionally to be fired without damage at a
stray dog or tuneful cat