Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-02
G r ABE CROS SSIN G S
Lieut. Kelly's Report on the Streets Crossed
by the B and O. Tracks.
Cases Ordered to Be brought in tho
Police Court as Often as the
Law is Violated.

The Commissioners have at last received
report of the grade crossings the line
of the Baltimore and Ohio railroad that are
left unprotected.
The North east Washington Citizens As
sociation long time ago called attention
to this matter, AMI a number of letters
bearing upon the same subject have been
received from time to time. For some uri-
accountable reason the Commissioners were
never in a position to reply to the inquiries
made by the association.
The Star some time ago called attention
to the opinion of the attorney for the Dis
trict upon the subject, in which ne held
that in the event OF the railroad COMPANY
failing to provide f1agmen, as required by
the act of the legislative assembly of 1871,
the case should go to the Police Court.
No prosecution, however, was brought
and the papers were finally referred to
Lieut. Kelly for investigation and report.
Lieut.. Kelly made his report November ~,
ard said:
Lieut.. Kelly's Report.
THE matter has been delayed this long
time on account of awaiting action of the
Police Court. 1 report that all of the street
crossings in the sixth precinct south OF
and including H street northeast, have
"dlChLiel all HiSnt long, excepting T.
street. At this point Massachusetts avenue
and E street come very close together, and
they have a watchman there to attend
both of those crossings. We applied for a
warrant against Mr.. Alvey, the superin-
tendent, for neglecting to have watch
man at each crossing but it was refused,
and l was directed to get the name Of
either the conductor or engineer of any
train that passed one of those streets
where there was no watchman at the time
of the passing of such train. l then di-
rected Private Hayes to go there and get
this evidence, which he did. He then OBJ
tanned a warrant against the conductor,
Thomas Hendricks. He was brought into
court, but the counsel obtained postpone
ment twice, and finally, on yesterday, No
Vember II, 1T was to come up again. But
their counsel presented the name of an en-
g1neer to substitute for Mr.. Alvey, super
intendent, who was also under arrest and
the case was taken to the upper court TO
test the legality of the law. and the case
against Thomas Hendricks also went over,
pending the decision in the case formerly
against Superintendent Alvey for the r
street violation"
Prosecutions Ordered.
The papers in the case wers then sub
mitted to the Commissioners for final ac-
ton, and the following Endorsement of
Commissioner Truesdell was concurred in
by the Commissioners:
1.-The distance between f street and
Massachusetts avenue at the crossing of
the Baltimore and Ohio railroad appears
to be too great for one watchman to COM
ply with the requirements of the law. 1
suggest, therefore, that the major and
superintendent of police be instructed to
bring an additional case in the Police Court
as often as the law is violated and also
that a copy of the report of Lieutenant
Kelly be sent to Mr.. Tucker in compliance
with his request"