The evening times., 1896-06-25

The validity Of the order issued recently
by tile District Commissioners requiring the
Metropolitan and Capital Traction COM
panIes, respectively, TO maintain flag
man at the intersection of their roads at
Seventh and streets northwest. issued as
it was upon the complaint of a citizen TO
Senator Mcmillan, anu after investigation
as to the dangers incurred there, was the
subject Of spirited interview today be-
tween President Phillips and the CoIDmls-
sIoenrs. President Dunlop was present
also, but as lie was on recurd as in favor of
enforcing tue regulation, be said but little.
IL the action OF the District authorities
is not the legal one, or if, as President
Phillips declared, 1t exceeds their con-
stitutonal authority, the board will re-
cede and await tie action of Congress, but
from the appearance or things II Is eN ident
the board does not tea the result OF inquiry.
Mr.. Phillips contention was that the pro-
lection OF the oitizens from the perils of
iherCadwa ysis "a mullcipal duty, auu should
not be imposed upon the Companies. He
submitted that the city should appoint a
policeman at the crossing, as is Gone, he
says, i'll every ether city i'll the United
States.
commissioner Powell, at one point in
Mr.. Phillips comment, interrupJed him
with the query:
suppose the order had been issued,
Mi. Philips, for Other reasons. what then
could he said as TO its constitutional lity?"
CHARGES SHARP PRACTICE.
"oh, now, Major Powell, that is an
attempt at sharp practice. TIE fact Is that
the order was Issued for the protection
OF the pedestrians on that thorouE alare-
10 protect this lady who wrote Senator
Mcmillan upon the subject, and who
claims protection when she has occasion to
z to market. That is what am arguing
glinst."
commissioner Powelrs face redeemed
al Tie charge Of sharp practice, but lie
Immediately reioFted, in tie MIDST Of fire.
qucnt Interruptions:
MIR. Phillips, permit r1e to make state-
ment--''
Certainly, SIR
Permit me To say that Idouht some what
the authority II the CummisSi iOuers to re-
quire the companies tu protect rcdes-
trians. but there was mistake I'D draft
ing the order, and you are taking ad-
vantage OF that mistake t. raise the point
OF constitationality. Ii there is any sharp
practice. it is upon ycur part
The discussion was III the main without in
c!dent, but there was plain talk upon beth
sides. President Phillips declared taht the
crossing at seventh and Il streets is safer
than any other on his lines: and submitted
in the form Of sworn affidavits the opinion
OF Engineer Connect and others, To the same
erect. He contendeh. also. that the coz
ditions at that crossing were different
ditlous at that crossing were different
from what prevails at point where two
cables cross, and in this he was also sus-
tanned by Nr. Connett's sworn statement.
MR.. DUNLoP'S POSITION.
President Dunlop merely stated that
whether or not the order Of the Commission
ers was based upon sound constitutional
law was not a point which he considered.
He was in favor of keeping a flagman at
that crossing as Il means of protecting the
company, for the best of tr;iinmen will
occasionally make mistakes. II the people
are protected, incidentally. SO much tie
better
President Phillips had in the beginning
objected to discussing tie question without
the presence ofa ful! board. President Ross.
in whose legal opinion. lie said, he had
great confidence. was absent, and Mr.
Phillips asked for a postpunement.
1t was not possible to agree upon date
and lie reluctantly proceeded. under the
spur of Col. Truesdeli's suggestion that. as
Mr.. Phillips seemed disposed not to obey
the order. it would lie better to know his
reasons at once.
Really, though" said Commissioner
Truesdell Il think the proper pIoce 10 settle
this question is in the police court. 1t seems
to Inc We should take YOU into court for a
violation ofthe order, and let You make your
arguments there
After full discussion of the entire sub
iect. it was finally agreed that Mr.. Phillips
shail file Il brief. to ! g prepared by his law
yer, on the legal status of the question.
1T is too importan; u precedent" he de-
ciared. ~" he lightly passed over. 1t may
lead to litigation
And thus the incident closed