Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-28
Liqht. Penalty Imposed Upon
Speeding Motorman.
HEAVY FINES Hereafter
Judge Kimball Warns Of Purpose to
Deal Hard With Transgressors.
DUNLOP GIVES ASSURANCES
Has Instructed Employees to Comply
With Regulations and Will Not
Defend Offenders.

The first case to be disposed of be-
fore any court in the District of Columbia
under conditions created by the recent
session of Congress in placing the control
of the electric railways under the inter
state commerce commission occurred this
morning before Judge kimball in the
United States branch of the Police Court.
Frederick Wilson. a motorman in the
employ of the Capital Traction Company.
was accused of speeding his car twenty
Ave miles an hour on Pennsylvania ave-
nue., June II, between the Peace Monu-
ment and AZ street. The court found
verdict of guilty and imposed a fine of
$40.
Court Issues Warning.
In imposing the penalty Judge kimball
said:
las this Is the first case of excessive
street car speeding or violation of regu-
lations set forth by the interstate COM
merce commission. l am going 10 inaA ne
the penalty light. But want to let 1t go
forth as a warning that / have the option
Of imposing a heavy penalty, and future
offenders may expect to be severely
dealt with I warn these motormen
against excessive or careless speeding.
stances has been responsible Tor acci-
dents on the lines Of the city.
In making the present fine $40, may
say 1 hardly believe that in any other
cases of this character coming BEFORE me
7 shall again make the fine as low. All
sorts of excuses have been given under
the old regulation for excessive or care
less shedding l give an additional warn
ing that these will not hold under the
proceedings as they are now brought.
Tie case was short, but two witnesses
testifying. Bicycle Policeman Lauten OF
the sixth rrecinct made the arrest ana
complaint through the proper channeIs
to the interstate commerce commission.
Moses Rosenstein, citizen, noticed the
rapid speed Of the car and saw policeman
Lauten stop the mOtorman. BOTH testl-
fled that the car was going fully twenty
five miles an hour.
The defendant himself, although he
denied ne was exceeding the speed limit,
testified he did not know how fast ne
was going, but did not believe it was
over sixteen miles an hour allowed by
the new regulations and rules. He SAID
he stopped Immediately after he was
warned by the officer who paced the car.
Dunlop Gives Assurances.
Previous to arraisnment of Wilson on
the charge, G.. Thomas Dunlop of counsel
for the Capital Traction Company, who
appeared in the interest Of the company.
stated to the court that all the motormen
and conductors of the company had beer
thoroughly instructed in the new rules
for the control of cars of the different
companies of the city, and had been ex-
rlicitly told to obey them to the letter
Any violations Of the rules. Mr.. Dun
lop stated was done by the act Of the
employee himself and he was alone re-
sponsible for such violation.
IN 70 fIrrf oil
Dunlop that the company will not back
up man in the violations of the regu-
lationS, and In fact will not tolerate 1t.
He alone Is responsible. And when he
does break the rules set forth by the
interstate commerce commission he does
so on his own responsibility. The com
pany's attorneys will not appear for him.
He must stand Or his own feet in the
matter entirely.
The policy In the Capital Traction
have stated before, will be the same az
that when these prosecutions were
brought under complaint of the District
authorities. The employees have been in
structed to comply with the rules and
regulations, and it is their lookout II
they are arrested for violating them"
Given Discusses Situation.
Previous to passing sentence on Will
son. after verdict of guilty was rem
dered, Mr.. Given stated that the penalty
could be made as high as $1,000 fine. in
default of which there would fall upon
the offender a heavy Jail sentence. In
the present minor speed cases the prose-
cutor said he had not had an opportunity
to confer with Chairman Knapp as to the
penalty he felt he should recommend.
Mr. Given stated, however, that he was
sure. as the present case was the first
coming under the interstate commerce
commission, and the violation had brought
injury to no one, that the chairman OF
the commission would not press Tor
heavy penalty.
'In the course Of week or more" con-
tinued Mr. Given, Il shall confer with
Chairman Knapp. We shall IN all prob
ability arrange schedule. so to speak.
Of fines to be recommended in these diff
ferent cases, particularly as 10 Hfs' Vi :
lenses"
fore the court Mr.. Given appeared as the
Of United States Attorney
Baker. who. through a recent oroer, ano
as a result of an extended conference
July IA. will represent the interstate COM
merce commission in all prosecutions. The
on which the complaint was
based is worded to this effect, and states
that the United States attorney appears
only as the representative of the inter-
state commerce commission, as prose-
cutor of all cases of the character emu
merated in the recent rules and regula-
tons set forth by the commission.
The information also sets forth that
the present action was the result of in
formation filed with the interstate COM
merce commission by Bicycle Policeman
Lauten. which in turn was referred to
United States Attorney Baker as the
of the commission, for due
Text of Information.
The information filed with the court
reads in part as follows:
The interstate commerce commission
by d. w. Baker, esquire. attorney Of the
United States in and for the District of
Columbia, who, through Ralph Given, es-
Quire one Of his assistants. prosecutes for
and on behalf Of the said interstate COM
MERGE commission, comes here into court
at the District aforesaid, and for the said
interstate commerce commission. gives
the court here to understand and be in
formed that on the oath of one Gustave
Lauten that one Frederick Wilson, late
of the District aforesaid. was then and
there an employee of the Capital Traction
Company, body corporate. and he as
such ernploye did then and there on the
18th day of June. 1908. unlawfully oper-
ate a certain street railroad car on Penn
syivania avenue at a greater rate of speed
than fifteen miles an hour. against the
form and statute in such case made and
provided, and against the peace and gov
eminent of the said United States.
"Whereupon the said attorney of the
United States, in this behalf. prose-
cutes for and in behalf Of the said inter-