The evening times., 1895-11-15

William Alvey, superintendent OF the
Baltimore and Ohio Railroad Company,
came before Judge Kimball In police court
this morning to answer TO the information
charging him with violating the law re-
auiring flagmen al railroad crossings in
Washington.
The Information was sworn out on the
4th instant, as told in Tue Times Of that
date. IL charges the superintendent of
the road with violation OF section 2 of the
municipal act of August 20, 1871. That
ordinance provides that the railroads shall
keep flagmen at all street crossings. but
everybody knows the Baltimore and Ohio
Company has always failed to do IL.
Mr.. Alvey, dressed In handsome light
suit, with rose I'm the coat lapel came to
court with his lawyer, Mr.. Hamilton.
of the firm of Hamilton Colbert The
argument was OF tue nature OF a three
cOrDercd debate bet tween Assistant District
Attorney Pugh, Mr.. Hamilton and Judge
Kimball.
Tile street crossing in lexington was
made the basis of the test case. The
crossings u. and + streets are in the
same condition as the one in question, Mr..
Hamilton admitted in the beginning.
TITLE TO THE GROUND.
In his brief opening statement he stated
that the title In fee to the ground OF the
conpany's roadbed lay in the company.
The streets, he said, have never been ex-
tended across the tracks. but only brought
up TO it on either side.
Mr.. Pugii said that he practically agreed
with Mr.. Hamilton in what he had stated
about the companys ownership of the
roadbed, but II made no difference who
owned the land, he said. The IA W says that
when ii pubic street crosses a railroad
Il riagnlan must be stationed there TO warn
travellers on the street Of approaching
OWNS the crossing, but not the right OF way
OF the public.
Mr.. Hamilton then spoke at length before
the court. baSing his arguments IN favor
of leaving the streets as dca th-traps to the
public upon the point that the company
owned the road and across streets and else
where, and had a right 10 do with IL what
il pleased.
There is no public street crossing our
tracks IN the subdivision OF lexington,
least thirty feet from the tracks, and are
met there by our property. IL is by the
roads courtesy that The street is unbroken."
What has been done 10 prevent the use
of the street crossing as highway"
asked Judge Kimball.
,,a Nothing" replied the 9,i,tSrney; but
like any commons in the city,
There are boards for convenience in
crossing !,.4l lad here: persisted the Judge.
they were not put there voluntarily by the
company. The Comm issionerS ordered it,"
IF The company, by its acts, holds out
to the pablie that this is a public highw1y.
compelled 10 establish iiagman at the
crossing" Judge Knball said. "As long
as il SO holds forth ii must be responsible,
il Seens to me.
We have a right to put an iron fence
across that street, and that should be the
strongest point i'll our tavor-Of Iutting
flagnlan where we please or omittIng
him."
'But tle railroad holds out a negative
assent" responded the court. The inten-
ton OF the Legislature was clearly to my
mind 10 protect all street Crossings Used
by the public. The public neoGs protection
just as much where the highway is In the
ownership OF tie company as where con-
dennation proceedings have been duly
instituted at law. Until l am CycrrDled
by a higher authority will so hold"
SUSTAINED TIE LAW.
The Ia " was ssrsta ined. and. a. has ways
been maintained by The Times, the failure
OF the railroad 20 keep fiagman at the
railroad crossings was Judiciaily re
bukel.
Another question upon which the court
WAS not SO certain, however, was ms to
the liability of Mr.. Alvey for arrest under
the act. For the present he thought he
Mr. Pugh cal.t1 attention to the de-
cision of Judge Cole in the case OF Superin-
tendent Schoepf OF the EcSington and
Soldiers Home railroad, where he WAS
held liable for the violation of the law
by the company.
Judge Kimball did not consider the
cases parallel. and he called for Argument
upon the case. The act in question pro-
ydes that an engineer, fireman, or the
company" shall be held liable.
Meanwhile an agreement was reached
between Mr.. Pugh and Mr.. Hamilton to the
end that Judge kin,ball set next Thursday
as the date upon which he will formally
announce the decision he delivered today.
Before that time the name of an engineer
or other train employe will be substituted
in the Information in place OF that of Mr.
Alvey.
This is done to make the case an upques
tionatle one, save on the subject of the
railroads ownership of the land traversed
by the suburban highways.
The roads attorneys will then sue for
writ of habeas corpus, and eventually ad
vance the case to the court of appeals.
After decision in the latter court the per
sonal liability OF Supt. Alvey in the matter
Will l.e again Questioned in the police court.