The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-09
AFFAIRS OF THE DISTRICT
Alleged Violation of Street Rail
way COmpany's Charter.
A Vigorous Complaint Against Re-
movaI of Tracks ut the Florida
Avenue decentralization in Kill
martins Case-starch Fire LOSSES.

martins Case-aarch Fire LOSSES.
Robert Z. l.. White, of the Stewart
Building, sent a communication to the
Commissioners complaining of the aban-
donment and removal Of the tracks OF
the Brightwood Railway Company at the
Florida Avenue terminal. lie asks to be
informed by what authority the change
was made and expresses ;he belief that
It is contrary to the terms of the charter
of the road. He also asks what steps
may be taken for relief.
Mr. White states that he is regular
patron of the Brightwood Railway Com
pany but that he is often DESTROYS of
using the cars of the Capital Traction
Company in reaching his office from
Brightwood. owing to the irregularities
in the operation of the Ninth Street line
He informs the Commissioners that the
one obstacle in the way of fair and
reasonable use of the latter line is that
contrary to the charter of the Brightwood
line, which requires that the company
shall equip and operate its line through
and along Brightwood Avenue from
Boundary Street to the boundary line of
the District of Columbia is that the
company has refused to operate its line
from Boundary Street. Mr.. White states
that instead the company operates its
cars from points more than an ordinary
block or square, at least 600 feet, from
Boundary Street, thus requiring passen-
gers to walk this distance, while its char
ter requires it to take them to Boundary
Street. Continuing. Mr.. White says:
This company has taken up and aban-
doned its former Boundary Street termi-
nal point and thus leaves passengers who
prefer to come to IT by the Seventh Street
line to walk this distance Now, this seems
TO me a gross violation of the charter of
the company, and the work to accom-
plish which could not have been done
without permit
SO l desire to enquire the authority
for this change in the tracks of this rail-
road at Boundary Street, for l can per-
ceive no authority in your honorable body
to permit a change of the structure aDd
position of a street railroad in the face
OF the plain requirement of the act of
Congress locating the same. The COM
pany is required, as is generally known,
to sell coupon tickets, good for use on
the Capital Traction COmpanys line for
transfer TO the latter line at Boundary
Street. 1t is for the use of these tickets
especially, that / claim it is the duty of
the Brightwood road to bring passengers
to and take passengers from Boundary
Street, and not require them to walk a
square to and from this new place of
stopping the cars. And it is the dut., of
the company required by its charter to
operate its line from Boundary Street in
first class condition; in fact, from each
end of the line.
II make request of you, in my own be-
half. and in behalf OF all the patrons of
the road. that you see to the proper en-
forcement OF this charter. even If 1t be
necessary that legal proceedings be in
stituted to the end that forfeiture be
declared, as by the act required, for any
failure to comply with any provisions of
the act
Commissioner Ross, who has immediate
charge of the Police Department yester-
day disposed of the case of Policeman ].
J.. Kilmartln. who was charged with and
found guilty of conduct unbecom,ng
member Of the police force. Kilmartin
was accused of having made an arrest
without cause and to have used profane
language on March last. Commissioner
Ross forwarded to his associates the fol-
lowing relative to the case:
THE Trial Officer finds Office. Kilmar-
tin not guilty Of having made the arrest
l,
not guilty of conducting himself in a
harsh. violent. and disrespectful manner
toward Mr.. Fitzgerald. but guilty of the
use of profane language. 1t is a pleasure
TO note from the report of the Major and
Superintendent that during service of
eight years and half the record of Off
Ger kilmartin has been almost without a
blemish. ] move that this finding and
the recommendation of the Major and Su-
perintendent that he be fined &c. payable
in two monthly installments, be approy-
ed"
The evidence IN the case before the
Trial Board went to show that on the
day mentioned Policeman KilInartin ap-
preached John ]. Fitzgerald, who. with
two other gentlemen, was about to cross
Pennsylvania Avenue about ) o'clock u
m. on the day of the Inaugural parade.
and used violent and profane language
toward him. Mr.. Fitzgerald alleged that
kilmartin grabbed him and told him to
get under the ropes. Fitzgerald testified
at the hearing that he tried to explain
matters TO the policeman, but that the
latter would not listen to him. Fitzgerald
told the policeman that he was a Repre-
sentative in Congress, remark which,
according to Fitzgerald, called forth
Sfhtiai OS1aASf NiiS that
he did not care If he was a Senator of the
United States, he would have to get
under the ropes.
Kilmartin placed Fitzgerald under ar
rest took him to the patrol box and
called the patrol wagon. Fitzge raid stated
that Kilmartin kept tight hold of him all
this time, squeezing mis- arm so tight as
to cause him pain. He claimed that he
told the officer he would so with him and
not try to escape
Kilmartin, in giving his side of the
story, stated that he was accosted by
Fitzgerald and asked TO be allowed TO
cross the street with his two friends He
asked the man for his pass. lie had none
and the officer asked him to give him
some evidence that ne was a member Cf
the House OF Representatives. as he main
tained. This Fitzgerald failed 10 do The
officer refused TO take i railroad pass as
evidence of the fact. Kilr1aItin stated
that Fitzgerald dared him 10 make the
arrest.
other witnesses bore testimony to the
good character Of 'he policeman and
stated that they did not think Eilmartjn
used unnecessary ilarshness in his deal
ings with Mr. Fitzgerald
Richard Sylvester, Major and Sluierin-
tendent Of Police, in passing upon the
matter, stated u the Con- missioners that
James l.. Pugh. the Assistant District At
torney and the trial officer in the case
AFTER hearing the testimony, founn Pri-
yate kiimartin guilty os the use of pro-
Zane language and not guilty of the cher