Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-20
MUST EXCHANGE TICKETS
LAW GOVERNING STREET RAILWAYS
IN THE DISTRICT.
Decision of Judge Mills I'm Case
Against Washington, Alexandria
and Mt. Vernon Company.

The case of the District of Columbia
against Columbus Brown, charged with
disorderly conduct was dismissed today by
Judge Mills. after lengthy hearing. Ed
ward G. Niles represented the defendant
and A. Leftwich Sinclair represented the
District. The case was one Of Importance,
and was bitterly fought by both sides. The
main question at issue was whether the
act of Congress of May ., 1894, applied to
the railroad companies Of this city. Ine
act makes it compulsory upon every street
railroad company in the District to ex-
change with each other the car tickets
which they SELL and rectes that each car
line shall sell it's own car tickets in strips
of six for twenty-five cents and that no
car ticket shall be used twice. Brown got
on the car at 9th and F streets and Of
fered the conductor washington, Alex
andria and Mt. Vernon Railroad Company
ticket 1t was refused. He then rode TO
14th street and New York avenue on the
Metropolitan Railroad Companys car, and
again offered this ticket. The conductor
refused to take it. and forcibly elected him
from the car. had him arrested and taken
to the station in the patrol wagon, and, IT
is charged, otherwise Inundated him. ;"
The evidence proved that there was no
disorder, and Mr.. Niles argued forcibly for
a dismissal. Judge Mills. in the District Of
Columbia side of the Police Court. rem
dered his decision, which is as follows:
Question Under Consideration.
1.-The question before this court is as to
whether the defendant is guilty of disor.
derby conduct. and in connection with that
question arises the question of whether
the defendant was guilty of beginning the
alleged disorderly conduct. Whether it was
something of his cwn fault or something
caused by the fault Of others.
"A street railroad company is not a
quasi corporation. but 1t is an absolutely
public corporation. 1t is a common car
rier, with duty to the public, and that
duty is to transport all orderly and we'll
behaved people, who are ready and Will
ing to pay the legal fare demanded for
transport alton. 4 street car company is
one that uses the public streets. and for
the use of the public streets they are re-
quired to perform certain conditions. Their
relations and their obligations are recip-
rocal They must perform for each other
such duties as Congress prescribes that
they shall perform in the exercise OF the
franchise conferred.
"A street railroad. therefore. is properly
a railroad that has transportation ticket
within the limits Of the streets that the
railroads traverse, provided the railroad
has office in the city Of Washington
and they exchange tickets usually with
other railroads for the transportation over
their lines.
while the charge is disorder, and that
Is in testimony here, the real question
seems to be more this question of the
ticket. and it is a very important ques-
ton, and that will probably not stop
here. 1t matters not which way the court
may decide it: it really ought not to stop
here. 1t ought to be disposed of above.
The question here is whether that man.
being on that car, had legal right on the
car. If he had no legal right on that car
the companyS agents were right in eject
ing him. and 1t was right for them to use
sufficient force to eject him. He was abso-
lutely right in refusing to get off the car
at the request of the companys agent If
he had legal ticket.
Refers to Testimony.
"The testimony Of this gentleman, who
is auditor of the Washington and Alex
andria Railroad Company, is that a por-
ton of the road is in this city. and on
that part of the road they use tickets
which they sell six for quarter, and that
these tickets are interchangeable with the
tickets Of other railroads" Judge Mills,
continuing, said
''All the other railroads must receive
them under the law, and the auditor Of
the Washington and Alexandria railroad.
in the regular course Of business, ex
changes those tickets. All railroads hav-
ing an office In the city, such as the
Washington, Alexandria and Mount Yer
non. the Metropolitan. Tenleytown and the
suburban roads. which go beyond the city
limits have right to issue a ticket over
their route within the limits Of the Dis
trsct, and that this ticket when issued Is
legal ticket, and the conductor of any
other road is bound to receive it, When
he undertook to put this defendant off he
put him of wrongfully and at the COM
pany's risk, and the defendant had right
to resist being elected. and is therefore
not guilty OF the charge of disorderly con-
duct with which he is charged. and there
fore now dismiss him."
Mr.. Niles thereupon moved the court for
the refund Of the defendants collateral
and an order of record to show the pro-
ceedings. intimating that the case would
be taken to the Supreme Court for dam
ages against the Metropolitan Railroad
Company.