The times., 1898-11-06
REGULATION TO BE TESTED.
Cnbmen Claim "A Right to the Penn
syIvanfn Depot. Stand.

The constitutionality of section l, arti-
Gle 4, of the police regulations of the Dis
trict of Columbia, has been called into
question, and the indications are that this
regulation will be tested. The section re-
ferred TO provides for the disposition of
vehicles and directs the major of police
TO designate the location of hack and cab
stands.
/ test case, If brought at all, which Is
likely, Will be brought by certain local
hackmen to inquire into the right of the
District Commissioners TO exclude them
from the old stand near the Pennsylvania
Railroad station and allow the occupancy
Of this stand by the cabs owned and op-
Grated by the Pennsylvania Railroad
Company.
The act of Congress approved January
26, 1857. entitled, AN act to authorize
the Commissioners of the District OF Co.
iumba to make police regulations for the
government of said District" enacts
that the Commissioners of the District
of Columbia be and they are hereby au-
thorized and empowered to make, modify,
and enforce usual and reasonable police
regulations In and for said District"
The third section of this act provides
that the Commissioners shall locate the
place where licensed venders on streets
and public places shall stand. and change
them as often as the public interests shall
require, and to make all the necessary
regulations governing their conduct upon
the streets IN relation TO such business.
The fourth section provides that the
Commissioners shall make needful regu-
lations for the orderly disposition of car
riages and other vehicles assembled on
streets or public places, and to require We
hicles upon such streets and avenues as
they deem necessary 10 pass along the
right side thereof.
The tenth section provides that the
Commissioners shall regulate the move
ments of vehicles on the public streets
and avenues for the preservation of order
| and protection of life and limb.
Under authority of this act the Commits
| sioners promulgated ON July 1, 1898, the
| following regulation:
"The major of police shall from time
to time, under direction of the Commits
sioners, establish declare, and designate
| stands for vehicles on the streets or
| together with the number and kind of
| vehicles which may occupy such stands.
| and no vehicle shall occupy such stands
| except in accordance with instructions
and regulations OF the major of police in
| that behalf. provided, that during the
months of June. July, August, and Sep
tember the location of public conveyances
may be temporarily changed upon recon-
mendation of the major OF police"
On last Tuesday the Commissioners pro-
mulgated regulation providing that here
| alter only the NenicleS or the PennSylVa-
MIA Railroad Company shall occupy the
former hackstand on B Street near the
| railroad station.
| The proceedings against the Commits
sioners thus far have taken the form of
| a writ of certiorari that the Commission
| ers shall certify to the court a full
transcript of the record of the regulation
and all other orders or proceedings con-
| nected with II.
The writ is prayed for by Lewis E. Du-
| vail, veteran cab driver. The petitioner
| relates that the order OF the Commissions
| ers is Illegal, unjust. and oppressive, and
| that it Is in violation of the act of Con-
| gress empowering the Commissioners to
| regulate the cab and hack service in the
| District
The petitioner recites that the new reg
| ulation is illegal and oppressive because it
| tends to create monopoly by the rail-
road companies and deprives himself and
| others of the opportunities of making a
livelihood, which they have heretofore
enjoyed