The Washington times., 1912-11-15
RUNNING BOARD
| REGULATION IS
: p. PLACED ON TEST
Attorneys For Railroads De-
. clare Law As 1t Now
Stands Is Unfair.

ICSt OF tnf TeEuldtioh
by the interstate Commerce Commission
entoining persons from riding on the
running boards of street cars Is being
made in the District branch Of the
tpoiicc court this afternoon. where the
Washington Railway and Electric Com.
pany Is on trial on several charges Oh
Violating the commissions order.
vigorous fight is being made by
counsel for the company to shirk the
validity of the regulation. Repeateuly
,throughout the trial, which is the hrst
tof the long series Of similar trial which
tthe traction companies OF the District
will have to stand for the violation OF
1.-THE interstate Commerce Commission
regulation. Attorney George Hoover.
Railway and Electric Company mas
branded the running board regulation
as Oppressive, burdcnsome, and In Vio-
lation of the company's rights. o,o
. In event OF convictions fine of sl.Vo
may be imposed on the company Tor
each Violation OF the order. Besides this
IA conviction means that the great dan
yer resulting from persons being allow
cd to ride on street car running boards
will be sustained and will In great
inca sure remedy existing traction evils.
= Eddy First Witness.
y Secretary II. c. Eddy of the Us
strict Electric Railway Commission, was
tthc first witness to take the stand
:, against the company. Assistant Cor
poration Counsel James II. Smith, who
4 Iva shad charge OF the strete car prose-
Cutions. Is acting as prosecutor for the
q District.
: Secretary Eddy after telling counsel
for the defendant company his con-
Commission, part of the duties OF
: which call upon him to act as an in
spector Of local traction conditions.
testifed that while riding from from
4. New
4 York avenue northwest he saw as
'many as six and eight persons stand
+, Ing on the running boards or tne
scar o which he was passenger ana
that no effort was made by the con-
ductor to remedy this condition. 'How
many seats were vacant in the car
at the time you saw these men on the
running board" inquired the attorney
for the prosecution.
all times"
did you notice the conductor make
any effort to have these men seated?
Eied Mr. Eddy. Il noticed him walk
completely around them
Many On Steps.
Following cross-questioning by Attor-
ney Hoover for the defense Mr.. Eddy
was succeeded on the stand by John @.
Money, clerk of the Interstate Com
mcrCe commission. money testlleh
that while he was passenger or a
car on the Ninth street line OF the
Washington Railway and Electric Com
pany he saw as many as eight passen'
gers riding on the running board OF a
summer car while Ave and six seats
were vacant at the same time in the
car. When asked II he had seen any
effort on the part OF the conductor tt
enforce the regulation he declared tina
he had not and that the conductor
ta he iplinprnntly
Moneys testimony concluded the Gov
ernment's evidence. Mr.. Hoover arose
Immediately and motioned that Judge
Pugh instruct the juhy to return Yer
dict of not guilty In that the regulation
prohibiting riding on the running
boards had not been proven as having
been promulgated. Attorney for the
traction company declared that there
to the effect that his client had beer
notified OF the existence of such a regu
1atlon.
IF Mr.. Hoover wants the secretary
here to prove that this order has beer
issued we will have to send for him.
said counsel for the Government.
Attorney Hoover declared he merel!
was taking advantage of his lega
right and the court after practicaii,
. holding that some proof should bt
shown whereby the companies wer,
notihed that suoh an order as the run
ning Doard regulation had been passed
ordered an adjournment until the Sec
rotary of the Interstate Commerce
Commission could come to the cour
and testify. This adjournment LASTED
about. an hour.
Thinks 1t Oppressive.
II is improbable that the case viii
be today. The afternoon will probabl,
be devoted to arguments against the
validity OF the running board regula
tons by Attorney Hoover and other
counsel for the railway company. Re.
pthtedly since the issuance of war.
rants charging the companies with the
violations In question Attorney Hoover
has branded the regulation as unin.
forceable. oppressive, and invalid
Mr.. Hover declares that as the com.
panies are not empowered with the au.
thority to eject persons riding on the
running boards of cars the enforcement
OF the order would render them liable
Of many damage suits. He says that
until the companies are granted some
protection In event of such regulations
the evil cannot be remedied.
should verdict Of guilty be brough,
in the Police Court the case Is sure tc
be taken to the Court Of Appeals as the
counsel for the traction company IL
confident that the regulation will bs
adjudged invalid by a higher court