Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-12-18
The Baltimore and Ohio Railro1d azt- IN,
corporation oil Washington and Vice


Versa.
This morning the injunction cases agains
the Corporation and the railroad company,
growing out of the grading Of / street at I'd
street. eest. and the cons truction of the Point of
Rocks "a Metropolitan Branch) railway ~ list
street west, was taken mp in the Equity
Court, Judge DIN. Ne1srs W. = Cox aud
James A. buchanan appearing for the railro Id
Pierce, and A. q. Riddle appearing for the
Cooperation.
Mr.. Buchanan read the bill of complain mt FOR
an injunction TO prevent the contractors for
grading 1 street frem Continuing the work.
setting forth that the Ii. i o. h. II. Company rs
IeSularly Incorporated company; that the
TRACK of the rod was laid on the fstablls hid
grades as they then existed; that IN 1850 the
Depot was removed 10 its present loo alton by
agreement; that lila consequences of grading the
SAID street the tracks will be covered several
feet, and prevent the use OF said road: that
10 surmount the grade proposed il will
necsssitate grade of the usck of 40 fe-S
TO the mile, which is impracticaule, and
their franchise. He also read the affidayit Of
Mr.. James l.. Randolph. Chief Engineer of the
Baltimore and Ohio Railroad, that the 70 I'd on
4 SIT ct was constructed in accordance Win
the protles, &c, referred to In the act OF I-SJ,
giving consent to the company to construct is
lateral branch 10 this CITY
Mr.. Pierce read the answer of the Corno-a.
uon. Whieh alter reciting the acts of Cougress
In reference to the road sets Ior,h thai the =
acts did not give them (the company the right
Channels that the acts Of the Corporation on
Wni,n they rely are not binding on the c ty,
the Councils not having the power to pas
mem mat their passage was procured by arli-
nee, &c. The answer denies that TIE coadi.
lions prescribed in the pretended
that the change of depot nrom Pennsylyau,s
avenua) WAS made by competent authorif..
aNers mat the so called agreemen. or ordinance
OF lSO9 w"S void; ieUIes that the grades NJ ~
o. q hoy
oenlfS that Il is impo5 TO alter the grade 0f
the track. or that the franchise of the IA .lroId
eslui"nF VIII be Irreparably IL jUred: AYERS
thai Inc defenGent has the power TO eStabl, sh
the grades OF streets, avenues, &c: thai in
pursuence OF the trusts confided IN
them they passed &C, To grade
street, and TO lay the foOtwalIs on = st.,,t
east; that the grades OF the civ cxi~tng WIN
the rod was constructed were tho q esia bIishcd
by Nicholas King in l7g7. He AYERS that in I
sree', between ist and 9th stIcets east, which
IL Is proposed TO grade, the track is about
twelve ftet below the grade; rhat tla man
talbahce OF ire road is an injury TO the city:
mat unless the acts to grade SAID street and
Construct the sidewalks are Cached yl,t ina
cry cannot fulfill its trusts, and asks tina, tho
bill be dismissed wI'h COSTS
Mr.. Pierce read the several exhibits referred
10, as also an affidavit OF Mr.. Riiss CITY Sur
Heyor, that the he'd of the ok at ID and |
streets ana elsewhere, he Is satisfied. alter ey-
alninlnS me grade books, is at least l. iret b.
low the existing grade, and that the main, lil.
grades of that section OF the c.ty,
mr Cox commenced the argument for the
IaAro.u company, saying tina tue lrryIuC out
OF the scts of the Corporation would oac' ION
great Inconvenience To the pa5lic 1t would
sever the link conneeiiU = the north nd Sent
Tor rue W. A. N G. L.. r. Ias the rig bit oplv 10
run 10 the present depv'. This interrup.ton
would be more dam"~iuc - he Ireigatil-
business, which Is now our h" wv toe Mex
andlla railroad Paving lreIcht bis amou It,uy
10 S4VO IN single day recently. Abe question
. u-.E fret 49,.
belonged. they were not tie property af taa
owners of the ad ,ceat prop 'rty, put OF ths
tinted Stitef and fee simple .fom the Com
mlSSloners was In tie United Srlte-. snH -
conten e. that the Tee was IN Congr--S rns
next question is what power has been dele
< lh py congress 10 The CITY. Ere rocd was
constructed under the authority OF Consrc :,
act OF 1881, which gives them all the rights
privileges. &c, conferred nv the act OF incor-
poTation OF the State Of Maryland. This act
provides mat the level shall comply with tue
pr sent graduation o. the street. nnre.s ne
Corporation shall agree n q oiraren. ,avsI
He Contended that they did agree TO a different
level, and read the act of ls:SJ, which proyidr-
that the ryute south of street and iJ4Iawara
avenue shall not be cons rCcred until no
grade Is approved by the Mayor, &c As also
tue f~t OF the Corporation of l-}5 approving
the plan OF the survey and the profile OF the
grades. There was a consent of the city 10 "A
diilereht grade, and the only question now il
whether tie road WIS not so Constructed M.
kandeiph makes an affidavit that the road -
i- 10 e4ooo' nc suSgr>uNu tnat he AL
s"er was general denial aud that IL
WIS not entitled 10 much weight as
III had not been sworn 10, and ne Ip al
from number OF authorizes mat ausve-r
mrst be sworn to- The fact that the city not
having que toned tue corr, ctncss Of the grade
for thirty years, shows 1T consented TO the grade.
and the grant had Doea sub equently validated
by the Corporation in the Get of 1856. aud nv
the Pct of i-67. The agreement Of 1850 dos not
affect the question, which j. simply, shall -.
Corporation have the power TO destroy the
read. He proc -Ged 10 discuss the powers of
tue .ompany, Iead'ng rom the charter OF 800