The Washington times. (Washington, D.C.) 1894-1895, 1895-04-10
ORDINANCES QUITE SHAKY
Judge kimbaIrs Decision Raises CUES
tion as to the Validity of Many.
Assistant District Attorney Pugh and Com
missioner Powell Take Issue with His
HOnOr's Opinion in the Matter.

Judge Kimball's dismissal yesterday OF
the cases against the Baltimore & Ohio
Railroad Company for alleged violation
of the police regulations, has raised a
grave doubt i'll the estimation OF lawyers
and others as to the validity OF many other
local ordinances based upon the same law
which have been promulgated by the Com
mssioners
The cases against the company were for
running cars at a rate of speed in excess
of twelve miles an hour. and for failing
to fence in its tracks along the streets and
avenues of the city, as required by the
regulations.
The testimony adduced by the prosecu-
ton as TO the running OF trains at eXces-
sive speed was TO the effect that Officers
Piersun and Riley timed two trains, Nos.
SIC and Soc of the Royal Blue Line as
they came into the city on l street ami in
crossing Firth, Sixth, Seventh, L and h
streets northeast. and that the speed made
was at the rate OF thirty and thiTty-rive
miles per hour for a distance OF about
one-fourth OF a mile. In traVersing this
space the trains ran along / street for
three-fourths of a block.
Judge kmball sustained the contention OF
counsel for the defense. that the road
between the distance posts noted by the
witness, was on company ground. ard the
charge of fast running on the public streets
was not sustained.
He also dismissed the other charge, rs
TO failure 10 fence in the road, upon the
ground alleged by the company counsel. Mr..
Hamilton, that the Commissioners have no
right to pass any regulation regarding any
thing not specified in the acts of 1897 and
"A. s~lt
Attorney James l.. Pugh. who conducted
the prosecution, said last night that the eyi-
dence TO him was very clear as TO the vio-
lation Of the regulation governing the
running of the trains
There have been a good many prcsecu-
tions." he said, under the same law, aud
upon the same class OF testimony, with con-
viction in every case. do not doubt that
Judge kimball believed he was justified
in rendering the decision. but it was before
HIM that an engineer was fined 500 not
very long ago, for similar offsnse, and
the fine was collected
Cases have gone 10 juries upon no
stronger evidence, in my Judgment. and
trials had before both Judges Kimball and
Miller, upon similar testimony, aud con
vlCtlonS secured"
''As to the fencing Of the road? Well,
the Judge is probably right on that point.
There will have TO be specific provision
hldue ny OOueTeSS, presume, 10 cover the
case"
Commissioner Powell said he had read
the published account or the disposition
or the cases, and, if correct, he did not
know what act Of the Commiss toner's
might not be attacked Respecting the
order requiring the railroad to be fenced
10, he said:
The authority conferred upon the hoard
is not derived alone from the acts OF 1887
aud 1892" There was joint resolution
passed. which Immediately follows the
law of 90, which provides in effect. that
the Commissioners may make any other
regulation for the preservation, peace and
comfort, aud for the health and safety of
the public Under that resolution there
have been orders issued and obeyed, but
under this ruling they ale all subject TO
attack
1.-THE regulations against newSboys call
ing papers on the streets at unseemly
hours, hucksteTs crying their goods, and
various other ordinances were all pro-
muigated under the same Joint resoIu-
ton.
II do not know anything he added,
''as to the merits of the other case tried, as
1 have only heaTsay accounts of it,
Among the more recent orders of 7he
Commissioners which, it is understood,
will be affected by Judge KimbaIl's de-
eision is the one requiring the Baltimore
and Ohio trains TO be stopped when
approaching the depot before crossing III
street northeast, at tie Junction with
Delaware avenue.