The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-04

THE BALTIMORE AND ONO RAILROAD
NuIsANCE.- The Criminal Court, Judge
Fisher, yesterday morning resumed tho con
slderation Of the Indictment against the
Baltimore and Ohio Railroad Company fof
obstruc:lng the Highways Of the city.
Mr.. Cook resumed his argument on The
motion for Instructions. He contended that
the Baltimore and Ohio railroad, In the lrsi
| location Of their road, exhausted tholr
power and were without power 70 make any
change whatever. He cited many authorl'
tlos to support this. He argued at length
and with ability, quoting q ',N array OF
! authorities In reference 70 the whole subject,
concluding about ESQ O'Clock.
Mr.. Cook, at the close OF his remarks,
prayed the Court 10 instruct the Jury TO hnd
the defendant guilty on all the counts e.
cspt the fourth count and 80 much OF the
seventh count As relates 70 Q street.
Mr.. Buchanan, for tho railroad company,
said he would be as brief as the nature and
Importance Of the subject would admit. The
very glst Of this case was what rights were
conferred by the acts Of Congress Of 1881
aud 1885 upon the Baltimore and Ohio Rail.
road Company. Before going into that he
thought that minds must be disabused Of
false Impressions, and place ourselves In the
position OF the Congress aud corporation Of
Washington In 1881 and 1885, aud In this
view we would see the Baltimore aud Ohio
Railroad Company was not a gigantic cor
Potatlon, but was q pioueer railroad COM
pany, struggling with financial difficulties
and without means 10 move the corporation
OF Washington by the champagne suppers
which have been described.
II is a fact that on the Washington branch
there Is still In the employ Of the company
a man who was first employed by the com
gauy asthe driver Of horse car between
Washington and the Relay house. Then
Washington had but q, 900 Inhabitants, and
even the most sanguine never looked 10 the
gigantic city which, under railroad faclli-
ties, has grown up since that.perlod. These
acts were movements for helping struggling
company to offsr railroad facilities 10 reach
the capital Of the nation.
Mr.. P. then proceeded 10 consider the
acts Of Congress, Irish 2B. Rep, 64s; II Law
aud Eqi Maryland, to o. DWallls on
Statutes, 7S9 ct SsQ.i Peters 40; II New
York Rep, 44s, 70 Show that the words Of a
statute should be adhered to, the Intent Of the
legislature furnishing the key TO their con.
truetion, and that these acts should DO lib
orally constructed to promote their design.
Mr.. D. next proceeded 10 conGtruO tho act
OF 1881 under the light OF these principles.
That act evidently intended to mako the
charter granted by Maryland the measure
Of the rights ofthe company In this District.
The construction OF the railroad seemed a
favorte Of Congress, for the act gave the
railroad right to enter the city at q point and
10 manner which was most beneficial not
for the city, but for the railroad company.
He quoted an ordinance OF the city Of
August, 1885, releasing tho claim Of the city
upon the Baltimore and Ohio railroad for a
change Of grade at the Second street bridge
over Tiber creek In consideration Of the pay
ment Of certain sum, and argued that this
alone proved the assent OF the city TO q
change OF the street grade.
Before the completion OF tho argument OF
Mr.. b. the court adjourned.