United States v. Capital Traction Co.
United States v. Capital Traction Co.
Opinion of the Court
delivered the opinion of the Court:
This case comes here upon the certification of a judge of the police court, under sec. 933 of the Code [31 Stat. at L. 1341, chap. 854], to have determined the question whether a prosecution against the Capital Traction Company for an alleged violation of the provisions of sec. 16 of the act of May 23, 1908 (35 Stat. at L. 246, chap. 190), should be conducted by the Attorney of the United States for the District of Columbia or by the corporation counsel.
Sec. 932 of the Code requires “prosecutions for violations of all police or municipal ordinances or regulations, and for violation of all penal statutes in the nature of police or municipal regulations, where the maximum punishment is a fine only, or imprisonment not exceeding one year,” to be “conducted” in the name of the District of Columbia, and by the corporation counsel or his assistants. All other criminal prosecutions are required by this section to be conducted in the name of the United States, and by the United States Attorney for this District or his assistants.
Sec. 16 of said act of 1908 requires street railway companies in this District to “supply and operate a sufficient number of cars, clean, sanitary, in good repair, with proper and safe power, equipment, appliances, and service, comfortable and convenient, and so operate the same as to give expeditious passage * * * to all persons desirous of the use of said cars, without crowding said cars.” Authority is then conferred upon the Interstate Commerce Commission to require and compel the obedience of all the provisions of this section, “and to make, alter, amend and enforce all needful rules and regulations to secure said obedience.” Penalties are
We rule therefore that prosecutions under sec. 16 of said act of 1908 should be conducted by the corporation counsel, and in the name of the District of Columbia.
Reference
- Full Case Name
- UNITED STATES v. CAPITAL TRACTION COMPANY
- Status
- Published
- Syllabus
- Criminal Law; Police Court; Street Railways. A prosecution in the police court of this district should be conducted by the corporation counsel in the name of the District of Columbia, and not by the United States attorney for the District of Columbia, when it is against a street railway company for violation of the act of Congress of May 23, 1908 (35 Stat. at L. 246, chap. 190), providing that street railway companies shall supply and operate a sufficient number of ears, clean and sanitary and in good repair, and so operate them as to give expeditious passage to the public, without crowding the cars; conferring upon the Interstate Commerce Commission authority to compel obedience to the statute, and to make needful regulations to secure such obedience; and requiring prosecutions for the violation of the statute to be made on information of the Commission. (Citing sec. 932, D. C. Code [31 Stat. at L. 1340, chap. 854], and United States v. Celia, 37 App. D. C. 433.)