Evening star., 1896-06-24
STOPPING STEAM ENGINES
The Commiss ioners' Order Relating to
Crossings in Court
Effort to Get Engineers Out on Habeaa
Corpus-Judge Kimban Fines
the Men.

Francis T. Bowler and George r. Kindle,
| railroad engineers, were in the Police
Court today charged with failing to stop
their trains before crossing AZ street and
Virginia avenue, street railway crossing,
June 10, as required by the police regula-
tions
Attorneys George Hamilton and Enoch
Totten, who appeared for the engineers,
explained that similar case had been dis
missed by Judge Cox of the District Su-
preme Court, on the ground that the court
had no jurisdiction, and the attorneys then
proceeded to argue on the same ines de-
claring that the regulation Is unreasonable,
out of place. and that the Commissioners
were without authority in framing it. 1t
was further set forth that if the regula-
ton is enforced, every train entering and
leaving the city will be compelled to stop
from three to five minutes at every street
railway crossing. Further. 1t was denied
that Congress ever intended that anyone
should regulate the running of trains in
the District of Columbia
Mr.. Pugh appeared for the District.
Judge kimball stated that he preferred to
nave higher court dispose of the ques-
ton of authority, and, after the testimony
was presented, imposed a fine of $ or fif-
teen days In each case.
Habcas Corpus Proceedings.
Immediately after Judge Kimball had
|
Messrs. Hamilton and Colbert, representing
the Baltimore and Ohio Railroad Company
on behalf of Kindle, and Mr.. Enoch Totten
representing the Baltimore and Potomac
Railroad Company, on behalf of Bowler
flied petitions for the release of the two en-
gIneers on habeas corpus. The petitions
were presented to Judge Cole, who directed
that the writs issue, returnable before him
today
The two petitions were alike, and. after
setting out the proceedings in the Police
Court this morning, the discharge of the
men was asked, because. as counsel set
out, the District Commissioners were with
out authority to make the regulations In
question, that power, 1t was contended be-
Ing expressly reserved to Congress. It was
also claimed In the petition that the regu-
lat1ons are Illegal because they are unrea-
sonable and contradictory, and because
they interfere with the carrying of the
United States mails, and attempt to regu-
late interstate commerce.
1t was further set out in support of the
discharge of the men that the street car
lin IS should be required to stop at cross
lngs instead of steam cars; that the latter
nave prior rights to the use of the Streets
that the safety of the public does not re-
qulre the making or enforcement of the
regulations, and that their enforcement
would occasion great loss to the steam
railroad companies.
The points raised in the petitions are
in fact. Identical to those raised before
Judge Cox several weeks ago, when both
railroad companies sought to obtain an
injunction restraining the Commissioners
from enforcing the regulations Judge
Cox refused ID grant the injunction, hold
ing that court of equity cannot restrain
criminal proceedings. Todays proceedings
were taken. it is stated, that the validity
CT the regulations might be passed upon
eventually by the Court of Appeals.