Evening star., 1895-07-16


the face of its defiance of the law, ard the
fact that by the time Of the meeting Of
Congress the 9th street underground cleo
trio system, there is every reason to believe,
will be in successful operation.
The North Capitol Street Poles.
why do not the Commissioners require
the lexington company to remove its poles
from North Capitol street south Of Florida
avenue. where they are just as much of an
obstruction as on New York avenue, where
they have never been used at all. and to
which the injunction does not apply? The
company was, am told, directed early this
year to pave between its tracks on this
street from New York avenue to o street,
but it has not yet condescended to do so.
Your observation that the community
will expect in the movement upon the il
legal overhead wires persistency and a
fruitfulness of resource In overcoming
technical obstacles and the laws delays,
which will at least equal the extent to
which the same qualities were displayed in
the prosecution of Illegal occupants OF the
sidewalks expresses the sentiment of the
law-abiding people of the city, whether in
terested in this particular controversy or
not. Although The Star is probably al
ready advised on the subject, l venture to
state several ways in which the counsel for
the District may gain point on their op-
ponents by taking advantage OF legal tech
nicalities. Equity rule No 90 Fules of Su-
D.,
when an appeal from a final decree, In
an equity suit granting or dissolving an in
junction, is allowed by justice or Judge
who took part in the decision of the cause.
he may, in his discretion, at the time OF
such. allowance, make an order suspend!ng
OF modifying the Injunction during the
tendency of the appeal, upon such terms,
as to bond or otherwise, as he may CONSIDER
proper for the security of the rights OF the
opposite party.
"As Messrs. Thomas and Duvan appear
to think that the Injunction restraints the
Commissioners from interfering with the
use, as well as from removing the poles
and wires, it would SEEM that an applica-
ton might with propricty be made to JUS
tice Bingham for a modification of the In
junction granted by Judge Cox SO as to
prevent the road from running its cars
by overhead trolley until the Court of APP
peals decides the case.
'The transcript of the record on appeal
must be filed within forty days from the
cordance with rule IA of the Cour. of
Appeals, the case may be docketed and
dismissed. 1t is the duty of the counsel
for the District to take advantage of this
rule If the record is not filed within the
time stated.
An Alternative Motive.
SHOULD the record be filed in time, how
ever, the Districts attorneys ought i'm
mediateIy upon the coming in of the Court
to advance the case under rule II. or for
its dismissal under rule Is, section 2, which
latter rule provides:
IN order to prevent the abuse of the
right of appeal, and to avoid vexatious de-
lays, there may be united with a motion to
dismiss the appeal a motion to affirm on
the ground that, although the record may
show that this court has jurisdiction Of
the case, it is manifest that the appeal was
taken for delay only, or that the question
nm hfotn ha iy,rr f1fnti io,, ~{oIk 80
view depends is so manifestly frivolous as
not TO require further argument; and in all
cases of such motions there shall be filed
ortef statement of the points or questions
decided by the court below, and the ground
Upon which the motion is made
In connection with the general subject
OF street railway service, will The Star
please state why the Commissioners have
the act of Congress of August 2, 1894 COS
Stats, 21S, sec. 81, which requires that re-
cfprocal transfer arrangements shall be
made by every street railway company in
the District whose lines connect, as the
public convenience may require? A rea-
scnable reading of this law requires such
transfers at New York avenue and 7th
street. 1th and G streets, 18th street and
In the District for the public convenience.
have heard 1t stated that the Commits
s;oners may be called upon by a member
of the next Congress to explain this. Are
ehe SoihhiisSioHeIS WiiunS 10 AUNT tnat
not Only the lexington company, but eacn
OF the street railway companies, is more
powerful, perhaps, than the Commission
ers?' The particular business of the ex-
ecutive of any government is to enforce
the law. Il is childish and mere evasion
of responsibility to say, as in these cases
CT street railway defiance of the con-
venience of the public and the express
declarations of the legislature, that any
person aggrieved may go into court for
redress. To the individual the injury is
slight; collectively. it is great; the expense
to the individual of seeking redress would
be too heavy. while the community would
hardly feel 1t. The result sought being for
borne by the community. The much
abused maxim, An injury to one is the
concern of ALL has appropriate application
to just such cases as these