Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-04
The \ Street Improvement.

al expense OF some Well k0OWQ democrats.
~
The ] Street Improvement.
THE BALTIMORE AND OHIO RAILROAD AND THE
CORPORATION OF wAsHINGTON.
In our report of Monday nights proceedings
IN the Board Of Common Council, in yester-
days STAR, we published an abstract of the
correspondence between Mayor Bowen of this
city. and j. W. Garrett. ESQ, President of the
Baltimore and Ohio Railroad Company includ-
ing the opinion of ] II. Il. Latrobe, Esq, legal
adviser Of said company. The following is the
correspondence In full:
MAYORS OFFICE, CITY HALL, WASHING
TON, d. C.. Oct n, 1-o-.-Sir: The contractors
for grading 1 street north. from First to Sew
enth street east, and for grading and paving
the footwalks on Second and bird streets east,
have this day been instructed TO proceed with
the work, and TO complete the same As soon as
possi ble. As the grading of these streets and
foo'walks will cover the track of the Balti-
more Ohio Railroad as now laid. TO the depth
of several feet you will see the necessity of at
tending TO the matter Immediately. Longer
delay in regard TO grading the streets named
totally iDadmissible. Very respectfully,
your obedient servant.
s. ]. BOWEN, Mayor.
John ". Garrett. Esq, President Baltimore II
Ohio Railroad Company, Baltimore, Nj.
h. 4 q. X. r. PRESIDENTS OFFICE, BaIti-
mere, October 3, lS6-.-SIR Your letter of the
18th instant has been received, and have given
the matter TO which you refer the careful con-
sIdelatlOn their importance demands In order
TO he fully advised as to the rights of the Rail-
tImore and Ohio Railroad Company to its STA
rIon IN Washington, and the of the track
leading thereto, have submitted the question
10 counsel and transmit herewith a copy of
the opinion OF j. II. B. Latrobs, Esq. You
will perceive, from an examination OF that
opinion, thst Mr.. Latrobe IL entirely cIeGr and
positlrs that the right of the Baltimore Il Ohio
Railroad Company to the use of Its station and
The track leading thereto, as nor qrpfeL can
not be interfered with by The city authorities
OF ashII gtCn Uitoat The CONSENT al tee Bai'i-
more d QUO Railroad Company. As the ques-
lion IS one OF great importance, not only As IL
may effect the rights OF the BALTIMORE Il Ohio
Railroad Company, but the convenience AMI
business CT the citizens OF Washington and the
nrsc States Government. permit me To
express The hope that you Will confer with
your legal ad vlsfI upOn the sublect before
taking any steps that Will prevent the running
of our trains 10 the depot. While thu BaIti-
more and Ohio Railroad Company is most
ANXIOUS 10 avoid any controversy with the
autbOrities of Washington. il cannot see the
great pubic interests with which IL Il interest
ed JeJpaTcIze the business facilities which its
Washington Branch affords the citizens Of
Washington interrupted and diminished, and
the transportation OF the United States mails
by that IOad retarded without the proper effort
TO prevent IT, Under such circums' ances. il
Will OF course b. our imperative duty 10 in yok.
the aid OF the courts 10 pTeyentany permanent
injury 70 the tracks OF the Company, ami to
award damages for any illegal interference on
the part Of the city authorizes OF Washington
with the WORKING of that road.
In conclusion. permit 10 say that as The
extension Of the Washington Branch of the
Baltimore and Ohio Railroad into thu ciry of
Washington was made under the express sane.
non OF q ngreSs, duty 10 the General Govern
ment re,i UiTrs this company TO adopI the course
Indicated so that rights which Congress has
grant nsGy not q taken Gtcdy CjttOU ais consent,
the more especially the personal convent
snce and comfort of every member OF Congress
n involved ID this question.
am, with great respect, your obi sery-t
JOHN ". GARRETT PTes't
Hon. :. J. Bowen. Mayor Washington, DC
BALTIMORE. october 80. Is6--Jokn ". Gar
ret, Esq., I'TssSieEt--Dear Sir: have your les
III . the 18th inst, king my opinion as 10 the
ieht OF he 81, ,timore and Ohio Rs.,,ro.u CON-
psay 20 ITS present station q. Washington and
tin" thereto a graded. fy the act of Congress
of March ID, I~jl, authorizing the construction
Of the Washington Branch. il i provided. THAT
whenever the company, in the construction of
a railroad into or within the said district as
authorized by the act shall ind n necessary to
cross OF mterseot any established road. street.
or Otber way. u shall be the duty of the said
company 70 Construct the said railroad
across such established road, street, or other
way as not 10 impede the passage OF persons
or property along the same =
The same section provides, further on, ssthai
the level Of said rOTt within the city shall con-
form 10 ne present. graduation # tte streets,
less the said COrpCr ration shall agree To differ
rnt level Some years elapsed after the pas
sage of The act OF 1851 before the company was
ready 70 construct the branch road and on The
lin February, 1876, another act of COngres
was passed giving the company the night to
pass through certain enumerated squares, and
providing IN section ,, that the main stem OF
said road, after passing through the squares or
lcts above named, or any OF them, should not
be constructed west or south of a point a. the
intersection OF II street north with Delaware
avenue, until The route from that point to the
final rmination OF the main stem of sand road
shall D. surveyed and approved by the Mayor
and Board OF Aldermen and Board of Common
Council OF the city of Washington: and when
the sand route shall be surveyed and ap-
proved, the said company shall b., and
they are hereby, AUTHORIZED 10 construct the
sand road, on the said route, under such
restrictions and conditions as may be- agreed
upon oy the said railroad company and the
Mayor, Board of Aldermen and Board of Com-
mon C9Hnellmen of the said city of Washing
ton Following this act of Congress Is the
ordinance of the city OF Washington referring
10 Il. and IeeltinE that the r. X Company
a. had caused me route OF so much of the lateral
branch OF said road as was authorized by the
&c; of Congress of March Sd, 1875 10 ne eY
tended and constructed within the CITY of
and had transmitted TO the Corporation of he
city an oficlal cory ~ pan Of ths profile Of s1H
road, chilling te sicrdiOnS tereIs thereof as
approx ed by the surveyor of the city of Wash
ington." Wherefore IL was enacted by, &c
A G., that the assent of the Corporation of the
city of Washington BE- and the same was thereby
gwen 10 the provisions OF the act Of Congress
aforesaid, and 10 The extension and construction
of the lateral branch Of the Il. 4 u. X. X. Com
pany into and within the City of Washington.
according 70 the plans and drawings thereof
Nv ~. IA. II.
Company with their letter 20 the Mayor Of said
city. dated the 3lst March, 1-35. Then follows
provision about culyerts and touching the
s0ps Of certain alterations, which need NOT
~ mentioned now. The second sectioa of MS
ordinance required 1.-The plans above men
tIonsd-' 20 be verified bv the certificate of the
Mayer and Register, under the seal Of the
Corporation of Washington, and deposited
with The public plans IN the office OF the
Surveyor Of The city. The emily reservation
OF power in this ordinance Is 70 regulate
na
city Under the foregoing legislation CT
CoDgress and Of the Corporation of wash
lnetOn the branch road was cops.ruc ted
20 its NAL terminus on Pennsyl vania ave-
nue This proving in con venient, an ordinance
was passed by the Corporation appointing q
commute $40 enter into such an arrangement
a the committee might deem Just and exps-
dIen, on ne part Of the Corporation with the
Il. and o. r. L. Company In relation 10 the
removal of the depot Of said com panv from IN.
then position on Pennsylvania ayen1 a TO some
NOR, suitable iOcatiou.' The conmirtas Usra
authorized 70 permit the use OF steam vvtthin
Ih' city, On certain conditions, fo- thirty years,