Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-27
WOULD BE OPPRESSIVE
Text of Judge Taylor's Opinion Respecting
Operation of Hack Law
Defendant Charged With Violation
Dismissed From CustOdy-SOlicf-
tatfOn of Fares on Streets.

! Judge A. S. Taylor. who presided in the
District branch Of the Police Court during
the absence of Judge Kimball on his an
| nual vacation, today reappeared in the Po-
lice Court and rendered a decision in the
| case of James Adams hackman, who
was charged with soliciting business at the
Baltimore and Potomac depot Adams,
who defended by Mr.. D. w. Baker,
was discharged from custody.
In rendering his decision Judge Taylor
said:
This information is brought under a
regulation 20 prevent soliciting patronage
for public hacks on the public streets and
grounds, and the offense charged is al
legged to have been committed at the hack
stand at the Baltimore and Potomac depot.
Counsel for defendant contends that the
regulation is void, because the Commits
sioners possessed authority under the
act of January 26, 1887, to make such
regulation, forgetting, if that Were true,
that such authority was conferred by the
act approved February 26, 1892, which
reads as follows: That the Commissioners
of the District of Columbia are hereby au-
thorized and empowered to make and en-
force all such reasonable and usual police
regulations, in addition to those already
made under the act of January %, 1887, as
they may deem necessary for the protec-
ton of lives, limbs, health, comfort and
quiet of all persons, and the protection or
all property within the District of Column
ba.' % Stat, 394.
THE earliest enactment In the District
in relation to carriages (hackneys) is I'M
der date of October 2S 1902 The amend
ments of December 1, 1914, and April II,
1921, relate to the hack stands and govern
the conduct of drivers of such carriages
that of April 81, 1921, reading as follows:
If any driver of any hackney carriage,
while said hackney carriage shall be unem-
ployed and not in motion, shall disturb or
annoy any person or persons by polsterous
or riotous conduct, or by creating any I'M
necessary or unusual noise or tumult, the
owner or owners of the hackney carriage
whose driver shall SO offend shall forfeit
and pay sum not less than TWO nor more
than five dollars
Practically Unchanged.
'"These regulations have remained practi-
cally unchanged. The act of the territorial
legislature approved August %, 1871, re-
enacted the former acts and used the same
language as to the conduct of the drivers.
That the designation of certain faces for
hack stands is for the comfort of all per-
sons in the District can hardly be question
ed. There persons seek them; there they
expect to find them, and there the hack
drivers have always been permitted to con-
duct their business, subject to all the regu-
lationS for conducting any business in an
orderly manner. No attempt has ever been
business at designated stands, and the po-
, lice regulations. article 4, section s. 1.-The So
Letting of fares upon the public streets and
grounds by any driver of a licensed vehicle
for the transportation of passengers for
hire is positively prohibited, has never
been construed to apply to hackmen upon
such stands. provided always that it was
not done 'boisterously' or 'riotously' or
with unnecessary or unusual noise, such
| conduct being clearly violation of other
regulations.
Hackmcn ON Stands Excepted.
1.-THE amended regulation is practically
the same as the former, and its application
is to be considered the same as the former
that is, not to be applied to hackmen upon
designated stands. The court in Moore VS..
District of Columbia. II Appeals, 537, says:
The question whether the regulation is
reasonable or unreasonable and oppressive
and the use OF his private property is more
or less question of fact. The reg
ulation is required to be reasonable and
usual
I'VE are of the opinion that the regula-
ton as attempted to be applied in this
case would be both unreasonable and OPP
pressive. The defendant is therefore dis
charged.
A baggage Carrier Fined.
In the case Of Robert Carter, who was
today charged before Judge Kimball with
soliciting the carriage Of baggage from the
same railway station, the defendant was