Baltimore & Ohio Railroad v. District of Columbia

10 App. D.C. 111, 1897 U.S. App. LEXIS 3160
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 9, 1897
DocketNos. 596, 597, 598 and 600
StatusPublished
Cited by6 cases

This text of 10 App. D.C. 111 (Baltimore & Ohio Railroad v. District of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltimore & Ohio Railroad v. District of Columbia, 10 App. D.C. 111, 1897 U.S. App. LEXIS 3160 (D.C. Cir. 1897).

Opinion

Mr. Justice Shepard

delivered the opinion of the Court:

1. The first point of appellants’ contention is, that the Commissioners are wholly without the power to make police regulations affecting their respective railways because Congress, in the acts permitting them to enter the District of Columbia, expressly reserved that power to itself to be exercised by direct action. This is founded in the clause contained in each of said acts, reserving “the right to enact such rules and regulations prescribing the speed of cars or carriages passing over said road, and any other matters relating thereto necessary for the security of the persons and property of the inhabitants of the District, in such manner as the present or any future Congress shall deem expedient.”

The ordinary power of police regulations of the exercise, by the grantees, of the franchises conferred, required no reservation to preserve its existence; nor could it have been [125]*125surrendered or contracted away by the express grant, even, of one Congress so as to bind its successors. The foregoing provision, however, contains no element of a grant or contract; it is a reservation, wholly unnecessary, that seems to have been inserted out of abundant caution merely, and for no other purpose. We find nothing in its language expressive of an intent to reserve the exercise of such power to Congress by direct act exclusively, or to preclude its delegation. by reasonable implication, to the ordinary municipal authorities of the District.

2. The question next occurring is, whether Congress has delegated this power to the Commissioners to the extent exercised by them in the adoption of the regulations aforesaid, and particularly of section 17 thereof?

Though differing in many important, respects from the ordinary municipal governments in existence thoughout the country, the local government of the District of Columbia is nothing less than a municipal corporation. Metropolitan R. Co. v. District of Columbia, 132 U. S. 1, 7; Eckloff v. District of Columbia, 135 U. S. 240, 243.

The Commissioners are the governing body, with duties chiefly executive; but they may and do exercise certain powers of local legislation or municipal regulation under the direction of Congress. The subject-matter of these regulations and the manner of their enforcement are either indicated in, or to be necessarily implied from, express delegations of authority.

An act of Congress, approved January 26,1887, conferring upon the Commissioners the power to make certain police regulations, contained the following, among other clauses, in section 10: “To regulate the movement of vehicles on the public streets and avenues'for the preservation of order and the protection of life and limb.” 24 Stat. 368.

We agree with the appellants that railroad locomotives and cars are not within the meaning of the word “vehicles” as used in the foregoing clause. They may, no doubt, be [126]*126regarded as vehicles in a strained sense, and therefore held to be comprehended in the word when such an intention can be reasonably gathered from the context; but they are not within its usual and ordinary signification.

We are clearly of the opinion, however, that the power to regulate the movements of railway locomotives and trains was conferred upon the Commissioners by the joint resolution of Congress, approved February 26, 1892, which reads as follows: “ That the Commissioners of the District of Columbia are hereby authorized and empowered to make and enforce all such reasonable and usual police regulations, in addition to those already made under the act of January 26, 1887, as they may deem necessary for the protection of lives, limbs, health, comfort and quiet of all persons and the protection of all property within the District of Columbia.” 27 Stat. 394.

The contention on behalf of the appellants, that this resolution confers no new powers not authorized by the former act, and must be limited by construction to such other and further regulations only as may be of the class enumerated therein, is without foundation.

The resolution is so general, and so comprehensive in its terms, that had it been incorporated into the act of 1887, as the concluding clause of section 10, its operation could hardly be limited by the scope of the specific grants of power preceding it. But, enacted after five years of experience under the old law and in express addition to the powers therein conferred, we think it clear that Congress intended thereby to increase the powers of the Commissioners to the full extent of those frequently, if not generally, entrusted to municipal corporations. Upon no other theory can its passage be reasonably accounted for. And instead of entering into details, as in the former act, the grant of the power to make usual and reasonable police regulations was expressed in the broadest terms.

3. That regulations requiring steam railroad trains to be [127]*127stopped before crossing other railroads operated by steam» cable and electricity, are usual in other cities of the country, is positively averred in the answers of the Commissioners, and must be accepted as true. Such regulations have certainly been made and enforced in other jurisdictions in respect of the crossing of one steam railroad by another at grade, and in country as well as in cities, and their reasonableness has, so far as we have been able to discover, always been upheld. L. S. & C. R. Co. v. C. S. & C. R. Co., 30 Ohio St. 604, 617; M. & O. R. Co. v. The People, 29 Ill. App. 428; State v. Noyes, 47 Me. 189, 201.

4. Whilst the courts have the undoubted power to inquire into the reasonableness of municipal regulations that affect the free exercise of the ordinary rights of persons and property, when sought to be enforced, they will not declare them invalid save in plain cases of usurpation of power or of abuse of discretion.

The use of all property, more especially that situated or used in the public streets, is subject to the exercise of the power of reasonable police supervision and regulation, for the protection of the public health and safety. And what may, and what may not, be a reasonable requirement in one case, cannot be determined by a fixed rule applicable alike to all; but must, of necessity, depend upon special circumstances and the exigencies of the situation, to meet which the regulation may have been adopted. Every such regulation may be, and often is, inconvenient, burdensome and oppressive in a certain sense; but it does not follow that, by reason of such consequences alone, it must be declared beyond the power and discretion of the legislative authority. To compel the appellants to stop their trains at the crossings, as required by the regulation in question, will cause them inconvenience, and, no doubt, work irksome delays in the passage of their trains through the city of Washington ; but these requirements do not appear to be so oppressive, necessarily, as to require them to be declared [128]

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Bluebook (online)
10 App. D.C. 111, 1897 U.S. App. LEXIS 3160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-ohio-railroad-v-district-of-columbia-cadc-1897.