Evening star., 1898-11-04
CAB SERVICE INVOLVED
Proceedings to Test the Legality of Police
Regulation
MIR. Louis e. Duvaii Appeals to the
Court for Protection of
His Rights.

Proceedings were instituted this afternoon
to test the legality of the police reguia-
tions, framed under the joint resolution
authorizing the Commissioners of the Dis
trict to locate cab service, and by which
certain space fronting the 9th street depot
has been set apart for the exclusive use
of the cabs Of the Philadelphia. Wilmington
and Baltimore Railroad Company. The pro-
ceedings are in the form of petition in
certiorari filed on the law side of the Dis
trict Supreme Court by Lewis E. Duvall
who names the District of Columbia as de-
fendant. Messrs. w. l.. Cole and r. New
ton Donaldson are the attorneys for the
petitioner.
Mr.. Duvall, in his petition, sets forth that
he has been for many years past engaged
in the business of keeping horses and cabs
and carriages for hire, and that it is his
custom to keep his horses and vehicles
in waiting at the depots and other public
places in this city for the purpose of So
Letting custom and serving any person who
desires to use his vehicles. He is ag-
grieved, he says, by the police regulations
referred to, recently framed.
Continuing. Mr.. Duvall expresses his be-
lief that the regulation is illegal, null and
void; that it interferes injuriously with
his business and deprives him of the use
of the public streets. that the police reg
ulation in question is not authorized by
it purports to have been passed. and was
and is in excess of any authority vested in
the Commissioners of the District of Co.
lumbia: attempts unJustly TO exclude him
from the use of the public streets, and
Others also, who are entitled to the use
and enjoyment of the same; and tends to
create monopoly in favor of the Philadel-
phia, Wilmington and Baltimore Railroad
Company, who, by the terms Of the reg
ulation. if valid. are given the exclusive
right to occupy in front of the Baltimore
and Potomac Railroad Company's depot on
B street northwest on the west line of the
depot building extending westerly lGo feet;
and Mr. Duvall. so he states. thus being
excluded from the spaces mentioned in the
regulation is deprived of the right and op-
portunity which he ought to enjoy and
which he has heretofore enjoyed in COM
mon with all other persons, of securing
custom of persons arriving and departing
from the depot.
Mr. DuvalI further declares that the joint
resolution of Congress referred to is un-
constitutional. null and void in that It
authorizes or attempts to authorize the
creation of q monopoly, and, If valid, tends
to and would deprive the petitioner ard
all other persons, except the Philadelphia
Wilmington and Baltimore Railroad Com
pany in the use and exercise of vested
rights which he and they have always
heretofore enjoyed and exercised.
In conclusion. Mr.. Duvall asks that the
United States writ of certiorari may be
issued requiring the respondent TO certify
to the court a full transcript Of the record
of the regulation, together with all other
orders and proceedings, If any, in connec-
ton Herewith or having relation thereto;
and that the regulation may be quashed
and held null and void.
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