Evening star., 1897-01-21
USE OF SALT.
lexington Road Damages Hl0At Of
the Metropolitan Line.


the Metropolitan Line.
There was an interesting hearing today
in the Police Court. In which the lexington
and Soldiers Home Railroad Company fig
ured as defendant, indirectly, and the Met
ropolitan Railroad Company, also indirect
ly, as complainant. The defendants, In
fact. were John Kane, J. F. Robey, Arthur
Thorpe, Charles Jueschke, George Klug
end r. Jenkins, employees Of the lexington
road. and they were arraigned on an in
formation setting forth that they did then
and there injure and destroy q certain
plough attached to a car, the property of
the Metropolitan Railroad Company, con-
trary to an act for the preservation of
peace and protection Of property approved
July 2. 1892"
The men named were arrested last even
iEg as they were In the act OF shoveling
salt Oh the tracks. Three Of them were
so engaged directly in front Of the Balti-
more and Ohio depot at New Jersey ave-
nUe and c streets. On complaint Of Mr..
F. N. Thomas, supervisor Of the Metro
politan road. the men were taken into Gus
tcdy.
When the case was called before Judge
Kimball today, Attorney John Ridout ap-
peared for the defendants, while President
George H. Harries and several other off,
Gals of the company were present. Prose-
cutting Attorney Pugh explained to the court
that because of the placing of salt on the
tracks q portion Of the plant of the Metro
politan road had been destroyed, and that
traffic over the line had been delayed. Mr.
Pugh thought the parties were clearly
guilty under the act Of July 2, 1892.
rs not this a case for civil action?" ask
ed the court.
IF the Metropolitan company feels ag-
grieved." added Attorney Ridout, this Is
not the proper court in which to bring the
action. There are two courses open, a suit
Junction. Furthermore, the language of
the information that confronts US here is
not sufficient to charge a misdemeanor."
III these men have committed the act
charged. and that act resulted in injury,
then they are LIABLE" contended Mr.. Pugh.
Mus. there not have been intent TO In
Jure! the court wanted to know.
claim that 1t was done with INTENT"
replied Mr. Pugh- by the mere deposit
Ing of the salt the destruction Of the plant
Of the road necessarily followed.
This is case where one corporation as
serts right and another corporation as
serts another right stated Mr. Ridout
1 ask that the information be quashed on
the ground that it does not charge an Of
fense.'
Il should like the hear the facts before
rendering decision" remarked the court.
Policemen Herbert and Harlow testified
that they saw the defendants shovelins salt
on tne tracks and to arresting them.
supervisor Thomas of the METROPOLITAN
read explained that the salt burned the
plows and fuse of the cars and put a stop
to the operation of the road. Friday last
twenty-five plows were rendered useless
and Saturday eighteen plows as the result
OF the use of salt, according to Mr.Thomas
PRESIDENT Harries took the stand and tes-
titled that seven weeks ago he called the
attention Of Receiver Schoepf of the Eek
ington road to the matter, requesting that
salt not be used on the tracks of the Met
Iopol1tan road or those contiguous to it.
MI. Schoepf replied that he would do all In
ms power to comply with the request.
Joseph W. Dusan. foreman Of the cleo
trical and mechanical department Of the
Metropolitan road. explained at length the
method of insulation and added that salt
brine destroys the insulation. Water and
snow. according to Mr.. Dugan, do not
affect the plant
Prosecuting Attorney Pugh at this point
announced the case of the District closed.
ana Attorney Ridout stated that he would
not offer any testimony.
do not think this is case intended to
De covered by the act," ruled the court,
think the remedy should be by civil ac-
ton. Both companies have the use Of these
tracks: Each is trying to serve the public
al time when the elements are unpropi-
nous. One uses salt, and the other objects.
1t Is a state of things that ought to be
remedied, but do not think the case comes
under this act. Dismissed