The morning times., 1897-02-10
THE COMMISSIONERS WON
The Railroads Must Stop Their
Trains at Street Crossings.
JUSTICE SHEPHERDS DECISION
The Court Held That the Right
to Make the Regulations Had Been
Given to the Commit ssioners by
an Act of Congress Defining Their
Powers.

According to the court OF appeals the
District Commissioners have the right to
enforce regulations requiring steam rail-
roads TO stop their trains at street cross
ings. A decision was rendered yesterday
by Justice Shepherd, in the cases calling
into question the validity OF the regulations
On this point.
There were four cases involved in the
suit. Two We're on writs of habeas corpus
denied by the lower court, in the cases
OF George +. X indie and Francis T. Bowler,
the two engineers convicted and sentenced
to the workhouse for violation of the law
in not stopping their train, and two upon
bills filed in equity by the Baltimore and
Ohio and the Pennsylvania Railroads, re-
spectiyely for an injunction to pre-
vent enforcement of the regulations by the
Commissioners The railroad companies
claimed the regulations were unreason~
able and oppressive, because OF tie delay
caused to passengers and mails. 1t was
argued that the dangers sought to be
avoided by the regulations were provided
against by gates, watchmen, and alarm
bells. The Commissioners claimed that
such safeguards were not sufficient protec-
tion, because of the large number Of trains
crossing the streets.
As to the authority of the Commissioners
to make regulations the court of appeals.
referring to the act of Congress grant
ing a franchise to enter the city, says: I'VE
find nothing in its language expressive OF
an intent tn reserve the exercise of such
power to Congress by direct act ex clusively,
or to preclude its delegation by reasonable
implication 10 the ordinary municipal au-
herd quotes from the act of January 26,
1887, conferring the power To make Ger
tain police regulations. 1t was held that
the power in the Commissioners to regU-
late the movement Of railroads was CON
ferred by joint resolution of February 90
1892, authorizing the Commissioners 60
make and enforce all such reasonable and
usual police regulations as may be deemed
necessary for protection of life and prop
erty. Justice Shepherd says: We think
il clear that Congress intended 10 increase
the powers of the Commissioners to the
full extent OF these frequently intrusted to
municipal corporations. 1t was further
remarked that the grant 10 make usual
and reasonable police regulations was eX-
pressed in the broadcst terms" The court
explained that the reasonabcness Of regu-
lations in ether cities requiring steam
ears to stop had always been upheld.
Referring to the question of the oppression
OF the rule, it was said that in case where
the question of the invasion OF private rights
is one of practical fact court should hest
tate to set up its judgment against the
municipal Officers, 1t is said in the de-
csion: Had the appellants undertaken
TO obey the regulation in good faith and
given its operation a fair test before en-
gaging in litigation, we might have had
abundant evidence by which the question
of reasonableness could be readily deter
mined As it is. we have no satisfactory
proof that would Justify us in overruling
the action of the Commissioners.
The court further holds that in the re
fusal 10 grant the release of Kindle and
Bowler the criminal court has committed
no error, and the court concludes with the
statement that the decree dismissing the
bills must necessarily be confirmed -