Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-21
NO CONTROL OF CARS
Commissioners Without Power
Over Street Railways.
RULING IN POLICE COURT
Jurisdiction Preserved by Interstate
Commerce Commission.
EFFECT OF LAW OF 1908
Test Case Made on a Headlight Held
20 Be Contrary to the Po-
lice Regulations.
RULING IN POLICE COURT
EFFECT OF LAW OF 1908

The interstate commerce commission
and not the Commissioners of the Dis
trict OF Columbia is the power to promul
gate regulations concerning street cars.
according to Judge Pugh. who granted
this morning a motion to dismiss COM
plant against a motorman on the Capital
Traction Company line who carried
dazzling headlight on a Chevy Chase car.
The charge was filed under the old police
regulation which prohibits the use of
headlights which are binding or dazzling.
The Commissioners have contended they
had the right to include this in their
police regulations for the safety of life
and limb. Judge Pugh held this morning
that the Commissioners power over street
ears ceased when the law of May. 1908,
became effective, and gave the interstate
commerce commission jurisdiction over
the street cars of the District
Charge Regarding Headlight.
The charge was filed in the Police Court
November Is, and alleges that David E.
Willett. a motorman operating a certain
street car, did use and have affixed to
said car headlight which by reason of
its excessive briliancy was likely to daz-
zle. blind and otherwise endanger the
driver and operator of any vehicle or any
pedestrian using said highway, contrary
to and i'm violation of the police regula-
lions of the District of Columbia
The defense attacked the charge upon
the ground that the Commissioners were
Without authority to control the street
railways of the District in view OF the
ACTS comforting such power on the inter-
state commerce commission They argued
1tat this power could not rest in two
separate and distinct bodies. In granting
the motion to quash Judge Pugh agreed
In toto with the argument OF defending
counsel.
Court Sustains the Defense
: In rendering his decision, the court said:
Extraordinary powers were conferred
on the District Commissioners to draw
UP and enforce police regulations by the
Joint congressional resolution of 1892
This power continued until May, 1908,
when the legislation was passed confer
ring upon the Interstate commerce COM
mission the right to regulate the street
railway systems in the District There
is no doubt that Congress intended that
this commission should have sole juris-
diction over the local railway systems.
Since this legislation became effective the
hoard of District Commissioners have
been deprived Of their former power SO
far as the electric railways are con-
cerned. in my opinion, and all regula-
tons previously passed by them affecting
such street railways are void.
Two sources for the same character of
regulations would terminate in conflict
and misunderstanding. In the present
case the Commissioners. by assuming to
prosecute, have tatsn the position of
regulating a regulation.
The case was brought into court to test
the rover Of the Commissioners with re-
Spect TO the street railway systems ire
spective Of the powers conferred on the
interstate commerce commission. George
T. Dunlop represented the street railway
and Assistant Corporation Counsel Gus A.
Schuldt appeared for the District and
filed notice of appeal.