Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-20
THEIR AUTHORITY DENIED
Receiver schospf Questions Commissioners
Jurisdiction Over Air Motors.
The Contention Made In Interview
With Captain Black-Latest Phase
of the Controversy.

And now the lexington railroad repu-
dates the authority of the Commissioners
to pass upon the question of air motors
as a proper means of rapid transit
This is the very latest contention of those
who have the interests of the lexington
road in charge, and 1t was made to the
Commissioners yesterday by Receiver
Schoepf of the road, who called to discuss
the recent report of Engineer Commits
soEer Black
The interview took place in the, private
office of the Engineer Commissioner Re
ceiver Schoepf said he had read the report
carefully, and while he quite agreed with
some of the deductions made by the Com
missioners, there was Considerable WIN
which he took issue. He did not go spe-
officially into the differences reserviny
them for a future conference with th.,
board. Commissioner Black suggested
that Mr.. Schoepf appear before the board
and detail wherein his report erred. This
Mr.. Schoepf preferred not to do, adding
that he did not care to meet the lexington
citizens in a board meeting.
Commissioner Black informed him he
need have no fear on that score, since the
Commissioners would be glad to hear him
in private, their prime object being to get
at the bottom facts, without any desire
to lnJure any one.
Receiver Makes Suggestion.
During the interview Mr.. Schoepf took oc-
casion to observe that he did not think the
Commissioners pressed their inquiry deep
enough. Commissioner Black quite agreed
with him that a trip to New York, where
it is alleged Ihe air motor is in successful
operation, would have been a good plan,
but the Comm ssioners had no funds out OF
which to pay for such trip, and were
compelled to content themselves with the
facts and figures they had before them.
Mr. Schoepf auded he would willingly sup
ply the funds tor further investigation
ana he was invited TO make his proposition.
As The interview was about to terminate
Mr.. Schoepf advanced the belief that the
company aid not think the Comm SIS ionerS
had anything 10 do with the subject OF ap-
proNdl According to the act, 1t was lett
entirely with The company to say whetIIr"
II would adopt an air motor or not.
Question OF Opinion.
Commissioner Black said that was
question of opinion. The Commissioners
had interpIe ted the rcccnt law in connec-
ton with the former one, and would hold
tc their Jurisdiction in the matter.
This was "a new conttntioil. The Com
missioners had expected ii, and felt conf
dent il would be made. The law, or rather
That loosely drawn excuse rather in
definite, ana one can hardly define what it
means. one thlny Is certain, or at least
the Commissioners think 50, and that is
there was Il lamentabie weakness Oh the
part of some officials when the act was
considered before 1t became a law.
TIE paragraph under which the company
bases It's calm OF non jurisdiction on the
part of the Commissioners is as follows:
IEat II SAID compressed air motors shall
be adopted, saiG companies shall complete
~ equip their respective lines with such
motive power on or before July l, 1S9S.'
There is no mention in this paragraph
as to who shall pass upon the air motor,
ana the company refers to previous par
aSfaph IN Which the company Is mentioned
and broadly claims that the paragraph re-
1erS to the company as the approVer of the
motor, and not the Commissioners, who
are not mentioned i'll any way in the con-
rection
The Law Loosely Drawn.
The Commissioners are confident of their
position. l ney admit the joint resolution
of February g. 1897, is loosely drawn, and
" onder ht W such law passed Congress-
But they claim it was the intention of
Congress to have the Commissioners inter-
pfet thls resolution in connection with the
previous law, which. they assert, makes 1t
pldln that before the company can ADOPT
an ar motor IS means of propulsion for
l,s cars II must receive the official approval
or the Com mmiSSiCnerS
be this as it II ay the next move on the
fapld-translt chess board will be the reply
OF the EcklnSt on company to the report of
i.nSlheef commissioner Black Copies of
inns report We're furnished the COMPANY to-
ady, ana II Is expected a response will be
received in Il few days.