The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-09-08
Arlington and Fails Church
Roads Case Ventilated.
ONE OF EMPLOYEES ARRESTED
After Some Testimony and Argu-
rsent the Case Is Continued-The
Company's Counsel Claim That
the District Ought to Proceed
Against It by Injunction.


swindells. left the Seventh precinct station
house at 2 O'Clock this morning aud drove
rapidly Co the Aqueduct Bridge. Here the
blue coats ,lismounled and fastened to-
ward tie Virginia end OF the bridge, where
a large force Of workin gmen We're engaged
in tearing up the planks along the cause
way.
0rflcer Housed stepped up to Mr.. Philips,
the manager Of the Washington. Airing
ton and Pals Church Railway, under whose
direction the work was being doae> and
attempted 20 place. him under arrest Mr.
FnflhpS Was standing upon the Virginia
side, Io viewer, AID refused To be taken into
custody Seeing Charles Smith. one OF the
warkingIaen. alput fifteen feet on the
District side, the officer arrested him in
stead. and placing him in Tire patrol, drove
TO the station.
Tuis t.lnTnIng Smith. and indirectly the
Washington, Arlington and Falls Church
Railway, were arraigned in the police
court and charged with destroying th"
causeway a the bridge. the same being
public property. The road was reIresented
Lipsoomb-
1ne rrst witness 10 testify was Mr. L MI
lips. The men. he claimed, We're simply
replacing the old tinibers of the bridge with
new ones end were not destroying An y por
ton Of the structure.
smith testified tlat he was simply acting
under the company's Instructions
The defense then argued that tn e proceed
ings OF the railway people were taken with
tie consent Of the Secretary of War, under
an AIT of Congress authorizing hiu TO give
sucn PERMISSION . ne company, they con
tCndcd. was chartered by Congress, and was
authorized To extend its route as far as the
nortr side OF N street.
MIR. Pu-h, for the District, denied the
richtof therailway u eXtendits tracks. Its
charter, he claimed, permitted them TO go
only as far as tins side Of the Three Sis
ters,' and that the words of the charter are
that the road can proceed along route,
with the approval of the Secretary of War.
The secretary, however. even if Ne did au-
th;rize the extension, could not legaliLe the
action of tue work Inen in destroying the
bridge Umbers.
Judge Mills at this point asked for Il
diagram of the route and the charter OF
tie company. n tie road W as upon the
bridge 10y tie Secretary of Wars permits
sion, the company was properly upon the
structure Nevertheless. the consent OF the
Secretary of War or the District Commits
sioners as necessary If anyimpr0yements
or changes were made. Judge Mills then
cecided TO continue the case until tomor
row AT 10 o'cIoc6, in order that the proper
documents may he produced in court.
MIR. A A. Lipsconlb, one of the attorneys
for the railway company, was seen at nis
pffice. and outlined the line OF defense
ON whirh he and MT. Birney intended
to proceed:
we claim" he said, that both Secre-
taries I.snont and AIgeT have already ap
proved Of the route over the Acqucduct
bridge by implication, and that under the
stamp OF their approval for some months
past tracks have been laid. a station has
been built, and a pastoffice eSta biiSi'ed
t.y the Company upot the structure. Mails
have. Furthermore, been carried over
toTtion OF the brdge. and DER passengers
emiark an1 disembark there daily. IL
may I've cuutended that Only part OF the
route has been approved, but Congress in
tended hat all tie route ha q to be approved
Of aud not a pa IT. and the approval OF the
Secrctary of War which allows us to tuild
on part Of the structure makes il evident
that me also intended that we should las
our tracks ell the wa across he bridge.
-'our Offices are on the south end OF the
bridge and If weintend 10 cxtend cur tracks
there is no direction in which we can
proceed other than over the Aqueduct to
NJ street.
I'VE further claim that this case is not
case for the police court, as it is not
a proper tribunal for the trial of disputed
right, such fs this is, since it involves high
authority and chartered rights. which cannot
he settled in criminal court, but, on the
contrary, the case must be carried to the
equity court by an injunction asked for by
the District"
Tie OFFICIALS OF the Washin gton, Airing
ton ard Falls Church Railway Company
claim that the bridge is the widest and
strongest in tie District. much wider than
tie + street Bridge, over which there is Il
double track. They only intend. however.
to lay single track, which will impede ia
no way the run of traffic. The Commits
siuaers. i'm a recent report to Con gress, APP
proved the ext snSion of the track to the
south side Of N street.
The railway people Furthermore allegc
that all of the citizens of Virginia are
unanimously in favor OF the roads COM
pIetion, the United States officers at
Fort Myer desire It., aud thousands of
citizens Of the District, who are accas-
toned to visit Arlington, protest most
stcutly against being compelled to walk
over the Acqueduct in order to reach the
cars.
Chief Clerk John I. Tweedale, Of the
War Department, has been subpoenaed by
the defense, and viii testify at the trial
tomorrow. All the licenses and reports Il.
Congress made by Secretaries Lamont and
AIger, approving of the route OF the Wash
ington and Arlington Railway and its SUE
cessor, the Washington, Arlin gtun and
Falls Church Railw ay viii be produced by
him.
AT tie Virginia end of the bridge every
thing was quiet this forenoon. Policeman
August Brown, OF the Seventh precinct,
who relieved Common at s a M, was
nB duty and will remain at his post until
p. m.
There Were Dozen or more iron string
ers piled at the south end OF the bridge,
with which IL is Intended to replace the
wooden stringers now supporting the floor
OF The bridge, but there was no sign OF an
attempt being made TO lay them. The
huge flagstoDe at the right side of the
south end OF the bridge, still remains ele-
waited at an angle OF about 40 degrees,
helo in position by the lever used by the
workmen this morning.
Supf. Phillips was not seen, but the
general opinion is expressed by those who