Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-10
FENCING THE TRACKS
The District Powerless to Regulate the
B. and 0.
Judge kimbaII's Decision Not o Sur
MISREPRESENTATION to he Tested.

court yesterday brought against the agent
of the Baltimore and Ohio railroad for fail
ure to fence the company's tracks, in COM
pliance with the provisions of the recent
regulation Of the Commissioners was not at
all surprise to the legal representatives Of
the District or the defendant Before the
regulation was made it is said the attorney
advised the Commissioners that they had
no authority under the act of Congress to
make the regulation. The section under
which the prosecution was brought reads as
follows: "Where-2- the grade of a steam
railway track Is approximately even with
the adjacent surface the line of the road
shall be securely closed on both sides with
substantial fence, and all grade crossings
or intersections of any steam railroad track
with streets or avenues shall be securely
guarded by a suitable gate or guard erected
and maintained by the company owning or
operating such track. Between sunset and
sunrise Of each day headlight or other
equivalent rejecting lantern. to give due
warning to persons near or crossing steam
railroad tracks of the approach of trains.
locomotives or cars, shall be displayed upon
the advancing end of every train of steam
railroad cars, and of single steam railroad
cars and locomotives not in trains, when
moving in the District of Columbia. 1t shall
be unlawful for any person to set in mo
ton. run or operate any train of railroad
cars. single railroad car or locomotive with
out the said display Of such lights or Ian
terms"
Under this decision the Commissioners
will probably be unable to compel the
railroad company to spend few hundred
dollars to protect life and limb along the
line Of the railroad tracks until Congress
enacts the necessary legislation.
Mr.. Pugh. the prosecuting officer, made a
fight In the case for the District, and en-
regulation had been made in the proper
way, and that the act Of Congress gave
the Commissioners the necessary authority.
But Judge Kimban took a different view
of the law. and decided that the Commits
sioners had not been given authority to
make such a regulation.
The decision was not a surprise to Mr..
Pugh, who thinks Judge Kimball's decision
will require further congressional legisla-
ton to compel the company to fence Its
tracks.
Ex-P.esident Frizzell of the Northeast
Washington Citizens Association was in
court yesterday, and he was probably the
most surprised as well as the most disap-
pointed man there. He has spent great
amount of time In an effort to have the
railroad company give the people some lit
tie protection and prevent the wholesale
destruction of life
From time to time the company has made
various promises, but when the time comes
for action there is usually something to
prevent the spending Of a little money.
Now the association will renew its efforts
In this matter. and will make an effort to
have the next Congress do something.
Members of the association think that with
so many new members In the next Congress
they may be able to get some railroad legts-
lation.
In a few days the same company will
again be brought into court to fight legal
battle. This will be a prosecution for fall
ure to stop engines and trains before pass
ing over the H street crossing of the Wash
ington branch Of the road. This regulation,
which will become law next week, pro-
vides: That engineers Of steam railway
city on the Washington branch of the Bal
timore and Ohio railroad, before crossing
II street shall bring their trains or engines
to fun stop Immediately north of said
street. and not attempt to cross 1t until so
directed by the conductor or brakeman in
charge OF the train or engine, who shall
be satisfied from personal observation that
the street may be crossed with safety"
This regulation was enacted because of
the dangerous curve just north Of H street,
which has resulted in the slaughter Of a
number Of persons. It IL said that repre-
sentatives of the company have notified
the authorities that they will pay no at
tention to this regulation, and MIR. Pugh
says he will prosecute the company the
first time the provisions of the regulation
are violated.
AS heretofore published In The Star, the
tracks of the Baltimore and Potomac rail-
road have been fenced and the danger to
life and limb lessened. So far as this COM
pany is concerned there Is an old act of
the legislative assembly requiring this to
be done, and the validity of this act is
not questioned.