The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-06

ter act, and W nnu NV i'h'"iht " w '"e
'iu TIA, portion Of the second proviio coo.
tsinsd Ia the ntst seo,ion Of the act Of 1881
S SSsA ,S. rSsa % ssy o sSSds ~ .fs
Sroyisiou Of the Geto i issS tsssiion u which
On: rs 70 % "SS
IL therefore rspsalsd, and vas 90 Al the time
Of the locating and constructing Of the rail-
:. Tha, provision Of the act OF 1881 which
authorizes the company to enter the city At
such place and to terminate ita railroAd At
such other place giihin the sitI a, the ee on.
sseoad ssation Of the act Of 1895, which pro.
hiblts ths eonpeny from bringing their ROAD
further wss. OF south ,hHn the interssetion 81
the city authorities should have laid out and
approved = route bringias the railroad further
south and west Of the said in1'r'ec'lon, and
;. Ths gtovi:ion 20 he thLra Pro'L.p, con 90;
| tanned, VII that the level Of the railroad
within the city should eosfotm 70 the gtad!ua.
| tlon OF the streets then exlatihE, unlest the
city authorities should agree 10 different
| level, 10 also repealed, because II 10 tneon-
sseat With ne are, section q ne .ss "a iSsS
within the eltI limits shall be located ana
Of 4 outside ne Guy lini.,, wAloh latter
the failroad company, wherever ~ crosses =
| street or other Highway to 90 construct thelr
Eailr9.d q ss,s ,s.i, , IN no waS We ,;aS
| persons And property over And along the high.
ways 80 crossed By the railroad.
T. The Pfovlalon OF the &C, q lSsl, which
| prohiblts the eompany from taking OF termi-
/ nAttnE their railToad west Of Seventh street
| west, 10 also FsPeAled By the second section OF
the act Of issS, which empowers MeeonpAnI
| to carry their road TO any point within the city
west OF louth Of the lniefsSotion Of n street
| north and Delaware avenue, which might be
desiSnated By the city authorities, Aad au,
/ road a. night be located and desiEuated By the
| city authorities 10 the samo manner With
respect TO the crossing q The streets and high
Thus ue see thai, In order 10 eonform TO the
conditions for loeAtlnE and oonstruotinE their
railroad Prssorlbsd ~ the Provlsions Of the
| me ZANE ruIs with reference 10 the crossing
Of highways Wlthin the oitJ limits a. out
side ihshTI, , 'Sf hS tI s sa sso .sst Ss
the railroad, Il should Be done In such = man
per a. not 70 impair or imPeds IN Any mannef
a, tet @ ~. ~ -. ~ ~ o,p stssou' "nu
Ths act Of iS1i required that In crossing the
Highways outside the city llalts they should
70 nowlss impede the public trayel over the
qulres the sane tAinG TO be done within the
city limits. The Aot Of is5l nowhere en-.
powers the COMPANY, 10 the eonstrnstloo Of lts
The pSfpoSs o. soOStTustins The railroad, GSy
public Highway outside the city limits and
the act OIL lhl1 declares thNt thcy anhll con
struot their road inside the city limits just
the same a. outside OF th en-, 10 respect to tho
public streets and highway 1--we eonstrue
,hs ne I've 49,; isSsssss 90 ir a. tssy rsI..G
TO be located and eonstfuoted in the Dts
tttet OF ColunblA, both in the rural portion
wS are bound to DO, thsy being IN part H4aisTia,
thew would read in this wisoi
"Provtdsd, diIo, end BE- Enacted, That when.
Isl iRs IS,o OF SlsSa the sSla DissTlst, as
| authorized By this act, shall ind II necessary
to cross or fntorsoet any established foad
| street or other way, II shall be the duty Of the
said company 90 70 construct the said railroad
across such established road, street or other
way a. not to Impede the pNssAEo or trans.
sSa q A. ssiGGs sGRss S9 g p .G:
the said railroad through the land Of any To-
diVidual Withla the laid District, II shAll also
DO the duty q he Sald sonPanI TO provide for
| sid railroad, from one part OF his land TO the
other And that the Baltimore and ohio Rail.
road o9%PAISy Be- md they are hereby AZ;
road within the city OF Washington through
squares pOo SIS, 49, S11, COS, ssI, $50, s51, $751;
say that whenever the said oompAuY, In the
construction Of . railroad into or 0tAtA hS
| HahI Of ne AID cir, ~ authorised BY this Aet
shall dad - neessssrJ 10 cross Or intsrseet
any established road, street or other way, II
shall Be the duty Of the said oompAny so TO
sonstTust the sAia railroad ASToss such eStAb.
lishsd roAd, street OF oths. way as not to i'm.
Psde the passage or transportation OF persons
| or property along the GAmei and whore II
shall be neoessAry to pass the said railroad
through the land o. any individual, sihia the
| liAiiG Of Iaid eny, II shall also be the duty Of
the said ooupAny to provide for such indi.
railroad, from ons part Of his land to the
| other"
In thus sonstrulnE the two acts together, It
seems 10 me that there IL no dinaeuiiy in IN
dsr,s,ndisE precisely What the Legislature
technical rules for the oonstrueting OF stat.
utcs which have frsqusntly to be rssorted to-
in order 70 ascertain the will Of the lAw-maket
Congress has plainly declared
l. That the company should have authority
70 seleet their own line for their TAilroAd ID
the rural PortioS o. the pi,tIist, but whsG
city limits at some point 10 be selected BY the
company on Boundary street, somewhere
yithin the belt Or Ious Of land, composed
Of the squares No, oop, sc. II could not en- ter
ANYWHERE else than At some point within
that belt.
!. HsylnE reached a poln! IN that belt
road was TO pass wherever the company
might see a. 70 locate II, to some point mol
wet or south OF the intersection Of II street
! north and Delaware avenue, until the route
from the IAst.mentioRsd poInt to the anAl
formulation o. the maih stem Of the road
should have been surveyed and approved BY
Common Council OF the Olty Of Warrington
8. But IN looAtlnE and constructing the rail
ROAD to the lHt0raoeton OF III street and Del
| aware Aysnus, streets or other public hIgh,
ways Of the city are not authofiIed TO be
| used, except only a. n ali become neoesIATy
| TO cross the same; aud
! T. Whenever such streets or hiEhwAys
! should be lntsraeotod By the route OF the rail-.
road, the railroad Shonld be 80 constructed as
| not TO Interfere in Any dsGres Win the free
transit Of persons and property on tbs high.
| ways 90 Interested,
| II lam TIEht IN this Interpretation (of which
| I entsrtain no doubt NhGteToT,l the sonstTuo-
tion OF the WAIhlnEton bFAaoh Of the Bait.
more and Ohio railroad, along street north
from second street east to Ssventh street east
Aa charged In the htst count Of the Indictment
ls nuisAnes unauthorized BY the laws OF thiI
| District.
Second. That all oNeAVAting, dlgEinE, form
| Ing, and maintaining the bed or track Of thi
| said railroad At the intersection OF said stree
with Sseond street east, to the depth o
| twelve feet or more below the establIshe,
| grade, A. charged on the second count OF TIT
indiotment, is also = nuisance unAuthorlTe,
By law,
Third. That the locating and constructing
| OF the said railroad across Seventh street east
a. charged 10 the ntth oount OF the indlet
meat, some ave or six feet above the level o
said Seventh street east, 10 also . nuiaAns
unauthorized BY law.