Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-09
RAILWAY CASE POSTPONED
The Charges Against Falls Church Comuan,
to be Heard Later.
Omcia1 Papers Wanted Which Chief
Clerk Tweednle of War Depart
ment Promises to supply.

The case of the Washington and Falls
church Railway Company for alleged vic.
iation OF the police regulations of the Dis.
trlct in an attempt to tear up the flooring
OF the Aqueduct bridge yesterday morning
was not disposed of in the Police Court to.
day.
MIR. John Tweedale. chief clerk of the
War Department, who, at the request ot
Mr.. A A. Lipscomb of counsel for defense
was subponaed and directed to bring GER.
tain papers relative to the case in court
was promptly on hand. When the case
was called, Prosecutor Pugh arose and said
that he had been informed by Mr.. Twee-
Gale that he was not the custodian of the
papers referred to; that these were In
charge or the Secretary of War. Mr. Lips
COMP said he was fully aware that the
Secretary of War was the proper person to
Wbom the subpoena ought to be addressed
but did not wish to annoy that official ~,
prllelng MIN into court with a handful of
papers. VI
MIR. Twecdale Confirms
MT. iweedale made a statement con-
hllnatory OF what Mr.. Pugh had said
am assured" continued Mr. Lipscomb.
mat Mr.. Tweedale will get US copies OF
the original papers wanted, and this will
answer all the purposes for which werde-
sire them"
Mr.. Tweedale said he presumed the
statement OF Mr.. Lipscomb to be correct
put as ne came to court this morning at |.
O'Clock IN response to the summons of the
SUI sur, ne had no opportunity to consult the
secretary of War in reference to the mat
Ter: He could not speak with positiyeness.
MI. Pugh suggested that under all the
circumstances there was no other course
10 pursue but to allow the case to go over
what date will suit you gentlemen?'
inquired Judge Mills.
Mr.; Lipscomb responded that in his opin.
ion the matter should be decided soon.
here Is a corporation he safd tina,
wa wants 10 pei efit the people of Virginia and
me me people OF he District, and my friend
the district attorney, is doing all in his
power to keep them from carrying out theil
purpose. ~
49,. II do not think responded Mr.. Pugh
pose of the question, certainly It shouIc
not De befcre we can have ample time tc
secure the necessary documents bearine
on the subject. Nor am 1, as my learned
ba otner mas SAID, opposed to corporation
penenting the people. provided they do sc
IN conformity with law. Now, there is g
way for this corporation to get into .ht
District. but they must not try to do SO II
defiance Of law
Attorney Lipscomb's SueRestfon.
Mr.. Lipscomb suggested that the fact
that the railway company was occupying
portion OF the approach at the south
end OF the bridge vested them with the
implied right to cross the structure.
Judge Mills here interposed with the re-
mark that the conversation was very in
.eresting, but the question for the court
to determine Is when there shall be another
hearing in. the case
Mr.. Pugh suggested that Mr.. Tweeda,.
snould notify him when the copies Of the
paper. needed were ready; that he would
then inform Mr.. Lipscomb, and that the
day.
Mr.. Lipscomb said that ARRANGEMENT
would be entirely satisfactory. to him. and
further proceedings in the case were dis
pensed with for the time being.