Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-26
GOOD CHEAP HOMES THE Open STREET CARS
Company Formed to Provide NoIaw in District Prohibit
Houses for Poor. Their Use.
RAISING THE FUNDS LEGAL OPINION GIVEN
INTERESTED. NECESSARY
Question Of
Northeast
Assocation-opnon
No Law in District to Prohibit
Their Use.
LEGAL OPINION GIVEN
MR.. DUvALL SAYS CONGRESS
SIGNAL ACTION NECESSARY.
question Submitted on Request Of
Northeast Washington Citizens
Observation-Disclosures Approved.

The Commissioners have no authority to
make health regulation prohibiting or
restricting the use of open cars street
railways in the District. according TO
legal opinion by Corporation Counsel A.
3. Duvall. which was submitted to the Dis
trict authorities today Mr.. Duval1 states
further that the matter is one upon which
express congressional legislation would he
required in order to enable the Commits
sioners to deal with It,
The subject was brought to the attention
of the Commissioners by the Northeast
Washington Citizens Association which
complained of the combination cars cp-
Grated on the II street line in northeast
Washington by the Columbia Railway
Company. The citizens association referred
to, wrote several letters to the Commits
sioners relative to the matter and about
two weeks ago the Commissioners granted
nearing to representatives of the assoc
citation. when they presented their obiec-
tons In detail and suggested that the Conf
missioners adopt a regulation prohibiting
the running of open cars the IL street
line, in the interests of the public health
The authorities referred the question 10
the corporation counsel for an opinion as
to whether the Commissioners have the
power to enforce such a regula ton
The text of Mr.. DuvalFs opinion is I'm
part follows:
THE street railway companies are char
tered by certain acts of Congress, and their
respective charters contain different pro-
visions relating to the supervision and con-
troll Of the Commissioners in respect to
equipment. time table, etc. The second
section of the joint resolution of Congress
approved February NJ. 1892. authorized the
Commissioners to make and enforce police
regulations for the protection of lives,
limbs. health. comfort and quiet of all per-
sons and the protection of all property
within the District of Columbia.
Extensive Grant of Power.
This was an extensive grant of power
to the Commissioners. and although II has
received from our Court of Appeals lib
eral construction in aid of its comprehen-
sive purposes I am of the opinion that the
Commissioners not authorized by the
joint resolution to regulate the matter of
the type of cars used on the street railways.
Il do not see that the Commissioners
have authority TO make a health regulation
prohibiting or restricting the of open
cars on street railways any more than they
have authority to prohibit or restrict the
use of any other open vehicle for the car
rfage of passengers. That Congress did not
consider the Joint resolution thus appliea-
BILE to railway companies is shown by the
provision In the act of August I, 1894. sub
sequent to the joint resolution, whereby the
Commissioners. in terms, were authorized
10 make REGULATIONS requiring the street
cars to be provided with proper tenders
for the protection of the lives and limbs of
all persons within the District of Columbia.
I'm my judgment. the matter is one upon
which express Congressional legislation
would be required In order to enable the
Commissioners to deal with it,
Commissioner Mcfarland has approved
the opinion of the corporation counsel
Subject of Numerous Complaints.
For several years past complaints have
been made relative to the operation of open
cars on the street railway lines of the Dis
trict during the winter months. In Febru-
airy of last year the Commissioners sub
mitted to the Senate committee on the Dis
trict of Columbia the draft of a bill to regu-
late the operation of street railways In the
District of Columbia, with recommendation
that favorable action be taken thereon. Dis
cussion of this bill developed the fact that
there was feeling in the community that
the bill should be widened in its scope and
further authority given the Commissioners
in the premises than they had asked for in
the bill submitted. All the citizens asso-
Citations Of the District manifested great in
terest In the matter, and March Ii joint
committee from the citizens associations
appeared before the Commissioners and pre-
scented the draft of a bill embracing REQUIRE
ments that the associations thought should
be insisted upon. AS a result of this near
ing the bill previously submitted by the
Commissioners was recalled, and new Dill
was prepared by the Commissioners in con-
junction with the representatives OF the as
sociations which substitute bill was Tor
warded to the Senate and House commit
tees on the District of Columbia, May 10.
1902. 49,
The principal objects of the bill were to
confer upon the Commissioners authority TO
regulate the size and weight of street cars.
and also schedules. routes and transfer ar
to require the cars TO be Kept
in proper condition, to be heated during
cold weather, to be equipped with emer-
gency brakes in certain cases, to require
the companies to provide waiting rooms at
points and to permit suburban
cars to run into the city of Washington.
Fails Of Passage.
Congress failed to take any action upon
the bill, however. and the matter stands in
the same position as before the attempt to
secure legislation No further bills have
been introduced in Congress providing for
granting to the Commissioners the authori-
ty to regulate the operation of street cars
in the District. At present, it is stated, the
companies submit their schedules
to the Commissioners. but in case the
thorities disapprove of the time tables, it is
said. they are unable to compel the COM
panes to comply with their directions.
1t is understood that the Commissioners
will be willing and pleased to consider any
legislation proposed by the citizens for the
proper regulation by the municipal authors
ties of the street railways in the District,
and that IL the citizens present a suitable
bill to Congress the Commissioners will