Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-11
CROSSING QUESTION
Railroads Objects to Stopping at
Street Car Tracks.
ARGUMENTS HEARD BY COURT
Commissioners Attorneys Defend
the Police Regulations.
n ID L.
r II E o T H Z r SID Z

The attention of Judge Cox. sitting in
Equity Court No. /, was occupied today by
the consideration of the petitions filed sew
eral wee ks ago by the Baltimore and Po-
tomac and the Baltimore and Ohio railroad
companies, in which the two companies
pray that the Commissioners of the District
be enjoined from enforcing section % Of
article . of the police regulations, as revised
| and amended December IL, 1895. These
| regulations were made and are sought to
be enforced under and by virtue of the
| authority and power conferred upon the
Commissioners by, among Others an act
of Congress of January 26. 1857, and a
joint resolution of February 2G. 1892.
The section in question. for the enforce
mcnt of which the companies contend thu
Commissioners without authority to
| enfo rec. is as follows:
No locomotive, or train. with or without
locomotive attached, shall pass over any
street railroad crossing where the cars
of street railroad ere propelled by cable
or electric power without coming to a full
stop at point not nearer than forty feet
of the nearest rail of such Gro ssiug. ami
Shall not pass over such Gro ;SiDg except in
obedience to signal given by the gateman
employed by the corporation owning the
tricks over which such locomotive or train
is to pass. and such signal shall not be
given until the crossing gates are closed in
cess to said tracks from the highway.
The Hearing Today.
In the hearing today Messrs. Enoch Tot
ten ard Walter d. Dav:dge represented the
Baltimore and Potomac company, Messrs.
f. Hamilton and Michael ]. Colbert repre-
senting the Baltimore and Ohio company.
On behalf of the District Mr.. $. T. Thomas,
| the attorney Of the District. his assistant.
Mr.. A B. Duvall, and Mr.. 4. S Worthng
ten appeared The petitions fled by The
two companies We're practically the same.
and the injunction was asked for in each
ms taHce because, as the companies contend,
the power and authority sought TO be ex
ercised by the Commissioners are expressly
reserved to Congress and have never been
conferred upon or delegated 10 the Commits
S.OnerS. Then, again, the petitions alleged
that the regulation in question is unreason
able and would, if enforced, greatly in
convenience and interfere with the business
of the two roads and cause irreparaDle in
jury and loss to them.
1t also charged by the companisS
that in the case of long freight or passen-
ger trains. stopped as required by the regu-
lation, streets square or two distant from
the street railroad crossings would he
blocked-in some instances. whore heavy
grades exist-for from three to ten min
uteS
Reply of the COmmissioenrs.
The answer of the Commissioners. insist
ing that they had full authority TO make
the regulation and have full authority to
enforce II, called attention to the great
number of trains which pass over the street
railroad crossings at ICh street and Mary
| land and Virginia avenues, at 9th street and
Maryland avenue. at AZ street and Fir-
ginia avenue. and also at points where the
Columbia Railroad Company crosses the L.
and o. Railroad Company's tracks almost
every few minutes during the day and
night. Because of the Frequency with
no CT dc
railroad crossings. the Commissioners as
serted. the regulation is iinreritil ely re-
quired to secure the safety OF street car
passengers.
The Commissioners asserted too that
they had after a full investigation into the
matter. concluded that gates and gatemen
do not despite the allegations of the petit
tloning companies. sufficiently protect
street-car passengers. The regulation was
made after such investigation and after
! hearing the attorneys of the two roads in
the matter. They denied that the reguia-
ton is unreasonable, that its enforce
ment will Inconvenience or injure either Of
the petitioning companies, the regulation
being similar III its provisions and effect to
| regulations which have been enforced for
years in other cities of this country.
They Have a Remedy
The Commissioners, therefore, prayed the
court to refuse the injunCtions for the rea-
sons given. and for the further reason that
the petitioning companies have. if injured
in any way, an adequate and full remedy
at law. The Commissioners also suggested
that the two companies should. in order to
secure the safety of the people be really
and willing to SO regulate the speed and
length of their trains to remove all OBJ
lection OF that nature to the enforcement
Of the regulation at issue
The hearing will probably be concluded TO-
morrow.