Evening star., 1897-02-10
A Good Rule Sustuiuc.I.

The decision of the District Court of
Appeals rendered yesterday. confirming the
eight of the Commissioners to require steam
trains to be brought to stop before cross
ing rapid transit street railway tracks, prob
ably brings the ultimate abolition of all
local grade crossings within close range.
When the regulation was promulgated in
October. 1880. it was recognized as an excel
lent means of giving the railroads a con-
vincing object lesson, showing the need of
enterprise in the adoption of a scheme of
terminal trackage at other than street level
that would be in measure satisfactory to
the people of the District. But ii was
feared that possibly il might not stand the
test of litigation. Both the lower and upper
courts, however, have construed the statute
under which the Commissioners acted in
framing the regulation as sufficient to
justify their action. The court in yesterday S
decision called attention to the failure of the
railroad company to afford it an opportun-
lily TO judge of the reasonableness of the
regulation in actual practice, while urging
that the rule was unreasonable in its re-
auirements. The company had made no
effort to obey the mandate of the Com
missioners. and had merely surmised that
the regulation. If enforced, would prove to
be unreasonable. a contention that could
not be accepted without proof.
The regulation. thus emphatically up
held. IS sweeping in its provisions. 1t reads
as follows:
mo locomotive. or train with or without
d locomotive attached. shall pass over any
street railroad crossing where the cars of
street railroad are propelled by cable or
electric power without coming to full
stop at a point not nearer than forty
feet of the nearest rail of such crossing.
and shall not pass over such crossing ex-
cept IN obedience to signal given by the
gatenan employed by the corporation own
ing the tracks over which such locomotive
or train is to pass, and such signal shall
not be given until the crossing gates are
ciCs in such manner as to effectually
prevent access to said tracks from the
highway.
There are two ends to be secured by the
vigorous enforcement of this regulation.
The first is to decrease the danger to pas
sengers in street cars crossing steam
tracks and TO protect the property of the
street railways. The second is to sur
round the use of the streets at grade by
Ehe steam railroad companies with as many
severe restrictions and limitations as pos
sibie. SO as 10 hasten the coming of an
emancipation of the people of Washington
from this dangerous nuisance. 1t will most
assurediy be inconvenient for the in-com-
ing trains to be stopped before reac hing
Tie depot ard outgoing trains to be
brought to q halt shortly after pull
Ing out, but the annoyance will be
heavier On the companies than on the
passengers. The Commissioners have won
their 'ong fight to sustain their rule, and
have it now in their power to give it force
and effect by applying it without excep-
ton at all points. There are four of these
crossings of steam roads and rapid transit
car lines and a guard should be kept at
each of them and arrests promptly made
on complaints from them that the rule
has been violated until the engineers of
all the roads have learned to obey The
railroads will share with the general pub
lBc the annoyance and expense of delays at
surface grade crossings. and the time may
be fastened when grade crossings must go.