Evening star., 1898-12-14
MAKING TEST CASE
Issue Raised Between Cabmen and
Railway Company.
EXCLUSIVE STANDS FOR VEHICLES
Defendant Fined and Case to Go
to Court OF Appeals.
|SIVE STANDS FOR VEHICLES
HEARING IN POLICE COURT

! The case of Frank Curry driver of pub
| lie vehicle, who was arrested several days
ago for occupying the stand at the Rllti-
| more and Potomac depot in violation of the
regulation of the Commissioners giving the
exclusive use of the stand to the vehicles
! of the Philadelphia, Wilmington and Bal
| timore railroad, was tried in the Police
Court today. This is the case that was
brought to test the validity of the regula-
ton. Curry was represented by Attorneys
w. L. Cole and r. Newton Donaldson.
while on the other side Attorneys George
E. Hamilton and ]. S. Flannery, represent
| ing the railroad company, appeared in the
case with Mr.. Pugh.
For the purpose of allowing the case 10
| go to the Court of Appeals Judge Scott i'm
posed penalty, the lowest, which was
fine of 81.
Facts Agreed Upon.
Counsel agreed upon state of facts in
substance as follows:
That on the first day of December. 1898
the defendant with u one-horse carriage
entered in and upon that space on the
south side of b street north between the
west line of the Baltimore and Potomac
Railroad CompanyS depot building ana a
point it1 feet westerly therefrom along the
line of said 3 street, and remained there
for the purpose Of soliciting custom and for
taking and carrying passengers from said
depot to such points or destinations slch
passengers might desire. He remained there
with his carriage until he was arrested and
forcibly removed therefrOm by William X.
Reynolds, a member of the metropolitan
police force of the District of Columbia,
acting under the directions of the Commits
sioners of the District Of Columbia based
upon certain acts and resolutions Of Con-
gress and police regulations made there
under.
THE following facts were proved:
THAT the defendant at the time of his
arrest was the employe of George II.
Shanks who was the owner of the horse
and vehicle; that Shanks had obtained q
| license from the District Of Columbia as
owner and proprietor of the vehicle for
transporting passengers for hire therein IL
the said District of Columbia" the word
ing Of the license being given
The stand Occupied.
That at the time of procuring said license.
and afterward the defendant had occupied
without objection or hindrance the SPACE
designated, and where the defendant was
standing at the time of his arrest Here
follows a description and designation of the
location Of the depot.
Diagram in Evidence.
A plat or diagram of that part of the res
ervation, showing the location of the
streets and the railroad station was puf
in evidence, and is made part of the ,ro-
ceedings.
That the width of 9th street from build
ing line to building line is 100 feet and the
width of Il street is 81 feet: thai dOuhlc
tracks of the Metropolitan Street Railway
Company, upon which the street cars are
run by electric power. occupy the ccntc~ Of
9th street from Missouri avenue north to
Il street and. turning into 3 street. occupy
the center Of that street west to 1th street
and beyond: that the lexington and Sol
diers Home Railway Company also use the
tracks of the Metropolitan road from the
intersection of 9th and b streets west 80
feet. and at that point a switch has been
constructed and is used by the lexington
and Soldiers Home Railway Company be-
tween the Metropolitan Railroad Com
panys tracks and the south curb o. B
! street by double tracks extending west to
| Ith street.
The Restrictions.
THE construction and occupation of the
| railroad tracks and switch prevents the
| standing of hacks at any point along B
| street west of the point which has been
| reserved for the exclusive use of the cabs
of the Philadelphia, Wilmington and Bal
timore Railroad Company, by the police
| regulations of the District of Columbia and
| amendments thereto and the act of Con-
! gress. under and by virtue of which the
| arrest of the defendant in this case was
| n ade.
| THE only approach left open to public
| and private vehicles in conveying passen-
| gers to and from the railway station Gf
| said amendment to said police regulations
| Is VALID is the space of 100 feet on street
! Immediately in front of the depot building.
| in which space the defendant and other
! drivers of hacks and public vehicles not
| permitted to stand with their hacks or ve-
| hlcleS: and hacks and public vehicles are
| not permitted to stand at any point or
| points in 3 street west of 9th street. or in
9Th street south of Pennsylvania avenue"
Motions by Defense.
After reading the state of facts as given.
| Mr.. Cole requested the court to rule, as
matter of law, that the joint resolution
No. li2, passed by the United States Sen
ate and House of Representatives, and ap-
proved June I, 1898, entitled Joint resolu-
| ton authorizing the Commissioners of the
! District of Columbia to locate cab ser-
vice and for other purposes" is unconstitu-
| tional and void.
He also moved the court to rule that
even II said joint resolution be conStitu-
| tional, the police regulations adopted by
! the Commissioners of the District of CO.
| lumbla and the amendment thereto of the
10th day of October, 1898, under which this
| prosecution was instituted, is in excess of
| the power conferred upon them by said
| joint resolution, by any other law, and
| is unreasonable and contrary to public poll
| cy, unlawful and void.
| Desired an Appeal.
Following these motions, counsel asked
! that the defendant be ischarged. Counsel
then explained that it was the desire of
both sides that the case should go to the
upper court for final disposition. In order
that this might be DONE he desired the
court to formally overrule the motions and
impose the penalty.
| Upon this statement of facts, Judge Scott
took the action hereinbefore stated. Coun-
sci for the defendant noted exceptions to
the courts rulings, and the case will go to
the Court of Appeals on writ of error.