Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-22

OF horses upon the street was detrimental
to the peace and comfort of the neighbor-
hood, and especially Objectionable to the
sick. That 1t was q disgrace to the street
to have the horses parked there and tend
ed to depreciate property values. Parents
were in contant fear for the lives of their
children, and pedestrians feared to pass
along the sidewalk with herd of hungry
looking horses loosely secured to the curb
reaching their scrawny necks over the side
walk.
gested that the proper way to determine
the question was by a suit in the Equity
Court for injunction.
The reply on the part of the property
holders was that they had applied to the
Commissioners through a respectful petit
ton to have this intolerable nuisance
abated, and were awaiting patiently for
their determination on that point If they
should determine that they had no right or
power to abate the nuisance, then it was
the determination of the property holders
to take the matter into court.
The property owners asked II the Com
missioners desired to question them fur
Their. and being answered in the negative,
they withdrew. The representatives of the
railroad remained, however, and argued for
half an hour longer.
Questions for the Attorney.
Later in the day the Commissioners gave
out the following list of questions which
they sent to their attorney. together with
them:
l. Has the Belt Line R. r. Co. the legal
right to discontinue running its cars as
belt line. SO as to compel passengers to
transfer at 11th and o streets and at 18th
and e streets northwest?
2 If not, have the Commissioners the
power to enforce compliance on the part OF
said company with the requirements Of its
charter as to belt line?
B. If they have not, have passengers who
have paid the legal fare a remedy through
the courts to compel the company to COM
ply with the requirements of its charter, as
to a continuous ride without transfer?
f. Has said company the right to park its
horses at the corner of 18th and o streets
northwest?
s. Have the Commissioners of the District
of Columbia the power to compel the Eek
ington and Soldiers Home r. r. Co. to run
its cars over its North Capitol street
branch? If SO, how is that power to be ex-
ercised?
g. If they have not the power, have pas
sengers who have paid the legal fare the
power through the courts to compel said
company to run its cars over said branch?
The Attorneys Opinion.
The opinion of Mr.. Duvau. the assistant
attorney, referred to. is as follows:
In reply to your several questions re-
ferred to this Office, on the 10th instant
with a communication from Miss Havens),
concerning the Belt line railroad, I have
the honor to advise you as follows:
The Belt Line Railroad Company has no
legal right to discontinue running its cars
as belt line SO as to compel passengers
to transfer at 18th and o streets and at
18th and E streets northwest, but the
Commissioners are without power to en-
force compliance on the part of the COM
pany with the requirements of its charter
as to a belt line; passengers VINO have paid
the legal fare have their remedy through
the courts by action for damages for
breach of the contract.
The Belt Line Railroad Company has no
right whatever to park its horses at the
corner of 18th and o streets northwest.
Its only right to use the streets of the
city is under its charter; that right is to
propel cars by horse power along and over
certain streets of the city. 1t has no right
purposes, or, indeed, to allow its cars. pro-
PEELED by horce power, to remain standing
an unreasonable length Of time on any
portion of it's road in said streets. The
company is liable to criminal prosecution
for stabling or parking its horses on any
of the streets; such use of the streets Is
clearly a private use of the public streets
of the city and an unlawful obstruction OF
the same.
The Commissioners are without power to
compel the lexington and Soldiers Home
Railway Company to run its cars over the
North Capitol street branch. Passengers
who have paid the legal fare would have a
right of action against the company for
damages for it's failure to run cars over
the said branch.
Proceedings alike to require the company
to exercise it's franchises. or to forfeit the
charter of the company for failure to ex-
the United States; the Commissioners are
without legal authority to inaugurate or
prosecute such proceedings.
This opinion was unanimously approved
by the board, and instructions sent to the
attorney to proceed against the railroad
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