Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-23
TAFT TO Open GATES RAILWAYS WIN CASE
Turns Water Today in the nfomations Alleging Street
Great Gunnison Tunnel. Car 0vercroWdng Quashed
NIGHT TRIP IN CANYON LAW ADJUDGED Indefinite
Enjoys Moonlight Commission
Through the Royal Gorge. Must Make Rules
ENTERS IRRIGATION BELT FLAT WHEEL CHARGE HOLDS
Over Secretary Ndulowny
Ballngers Of May
LAT WHEEL CHARGE HOLDS

Before the interstate commerce commits
sion can prosecute the local street rail-
way companies for overcrowding their
cars they must be charged under rules
and regulations promulgated by the COM
mission. instead of under the act OF Com
gress of May %. 1908.
Certain provisions Of this act were pass>
ed by Congress a. principles to be en-
forced by rules and regulations OF the
commission, rather than as the direct
basis for prosecution, according to a de-
cision rendered by Judge Mullowny in
the United States branch of the Police
Court this morning upon motions to Quash
four informations against the street rail-
way companies for alleged overcrowdtng.
The motions were granted.
The motion to squash fifth informas
ton in which one of the railway COM
panies was charged with running a fiat
wheeled car in violation Of the inter-
state commerce rules and regulations
was overrued.
United States Attorney Baker. in behalf
of the government. gave notice OF an ap-
peal in the overcrowding cases. It Is
probable that counsel for the railway
companies will file a demurrer in the
other case. This decision will not be
reached, however, until after confer
ence tomorrow or Saturday.
.
opinion originated from concentrated ac-
ton by interstate commerce commission
representatives in the early part OF last
spring. to put an effectual stop to over
! crowding. with the result that four
charges were filed in May. two against
the Capital Traction Company and two
against the Washington Electric and Rail"
way Company. fifth charge OF run
ming fiat wheel car. was also filed about
the same time against the Capital Trac-
ton Company. For lack Of rules regu-
lating the overcrowding Of cars. these In
formations were drawn up under section
16 of the act. while the fiat wheel charge
was filed under one of the regulations
passed by the commission.
Combine to Fight Charges.
In the middle of June the two street
railway companies combined their legal
forces to fight the charges and appeared
in court in the latter part Of that month
to argue motions to.quash all five OF the
allegations. At the time of the argument
United States Attorney Baker and As
sstant United States Attorney Ralph
Given represented the government, Attor.
neys E. Ross Perrys G. T. Dunlop and G.
P. Hoover appearing for the companies.
!. The arguments lasted for two days. the
law and the provision being attacked
upon the ground that the fines provided
for in case of a conviction were so enor-
nous they were confiscatory. and tended
to intimidate the defendant companies
from appearing in court and testing the
law. The defense also contended that be-
cause Of the general language Of the law
it was intended to lay down principles to
be formulated into specific rules and regu.
Iations. They asserted that the language
of the act was SO general and indefinite
it could not in itself constitute a rule OF
conduct.
The court took the matter under advise
ment and announced at the time he would
render his decision in the latter part Of
the present month.
Law Is Indefinite.
In granting the motion to quash the
informations Judge Mullowny said:
1.-The provision under which four of the
informations are brought requires the car
companies to supply sufficient number
of cars and to SO operate this supply OF
cars as to give expeditions passage to all
persons desirous of the use of said cars
without crowding. So even If the defend
ant did operate its cars without crowding
it would still fail to obey the provision
If 1t did not supply and operate a sum,
cient number Of its cars for all persons