Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-18
Commissioners Open Proceedings
This Afternoon.
An INFORMATION FILED IN COURT
Officers Of the lexington Company
to Be Taken Into Custody.
AN UNANSWERED QUESTION

This afternoon the authorities moved
against the overhead trolley by proceedings
in the Police Court for maintaining an OBJ
struction to the streets.
AS stated exclusively in The Star of yes
terday. the Commissioners decided to in
stitute proceedings against the company.
THIS decision was the result Of an extended
discussion at two executive meetings of
the board. These meetings were, it is un-
derstood, quite breezy, and brought out a
division in the board Of Commissioners as
to methods of procedure. Major Powell
has, it appears, always been against any
compromising measure, and has favored
vigorous enforcement of the law. But Up
to this time he has. 1t Is understood, been
overruled in his propositions to vigorous
and effective procedure by the other Com
misS.oners.
An Unanswered Question.
During the past month the District build
ing has been the rendezvous of the trolley
hackers of high and low degree. senatorial
and otherwise.
"Now what will the Commissioners do.
after taking the railroad into court for
maintaining an obstruction to the streets?"
This is the unanswered question that is
floating through the corridors at the Dis
trict building. 1t is stated that test case
will be tried this afternoon. If the Police
Court decides to hear the case. 1t is the in
tention Of the Commissioners to carry the
railroad into court every day until the poles
and wires are removed On the other hand,
If the Police Court proceedings should fail
to abate the nuisance, the only alternative
left to the Commissioners will be to take
drastic measures and remove the wires and
poles themselves. The attorney for the Dis
trict has stated that in his opinion such
proceeding would not be contempt of court.
but whether the spinal column of the Com
missioners collectively Is endowed with that
degree Of stiffness which would make such
a procedure certain is another of the riddles
that keep the citizens guessing.
When The Star reporter waited upon the
Commissioners this morning for the pur
pose of being enlightened lie was very cor
daily received, but when 1t came to giving
cut anything about the trolley for publica-
ton they respectfully declined.
The Information Filed.
This afternoon Prosecuting AttorneyPugh
filed in the Police Court an information
against William K. Schoepf. vice president
and general manager Of the lexington
road. and also against Hamilton K. Gray,
treasurer, charging them with occupying
public space for private purposes. The
warrant was not issued for the president
of the road, D. NJ. Newbold, because he
resides in Baltimore, and cannot be brought
mere on q fOuce court warrant.
The information filed charges as follows:
Sidney T. Thomas, esq, attorney for the
District CT Columbia, by James L. Pugh.
jr., ESQ.,, special assistant attorney for the
District of Columbia, who for the said Dis
trict prosecutes in this behalf in his proper
person, comes here into court and causes
the court to be informed, and complains
that William K. Schoepf and Hamilton K.
Gray, late of the District of Columbia
aforesaid on the 18th day of July, in the
year A. D. 1895. in the District of Column
bia aforesaid, and in the city of Wash
irgton on New York avenue, being then
and there private persons, and as such pri-
vate persons, did then and there occupy
said avenue for private purposes, to wit:
By stringing wires along said avenue upon
certain poles permanently erected on said
avenue, contrary to, and in violation OF an
ordinance of the late mayor, board Of al
dermen ard board of common council of
the late corporation OF Washington, entitled
IAN ordinance for the protection of public
buildings, grounds, squares and reServa-
tions," approved November o. 1862, and
constituting law of the District of Co.
lumbia.
Mr. Pugh Confident.
Prosecuting Attorney Pugh says he ex-
rects that counsel for the road will GER
t:crari the case to the upper court, as was
done in the Louisiana avenue cases.
If such a course is adopted, Mr. Pugh
says he will file an information every day,
and will make as strong fight against the
company as he did against the merchants
who occupied the sidewalks.
IF necessary" said Mr.. Pugh, I'm file
an information for every pole"
He Is confident that he will win the case
and that the poles will have to come down.