The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1870-01-05
alatiOuaI 4EpIbIifatI
RNINoi7.H!JANUARY6,iaO

yfHn BALTIMORE AND ONO RAnRoAD
NUIsANUE-CRIMINAL CoURT--yttdDs PfshsT.
The argument In support Of the prayers for
Instructions, presented py the defendant,
He contended that as this was a criminal
prosecution, the onHS Of proving that the
company had not pursued the law giving
them authority 10 enter into aud pass over a
portion Of the city lays with the prosecui
lion, and the company was entitled to the
benefit OF every doubt which arises IN the
progress Of the case.
He denied that the company were liable
for obstructlng streets which existed ouly
on paper. The evidence did not attempt 70
show that the company interfered with
persons passing along highways AZ they
were accustomed TO do. 1t merely shows
that II lnterfered with some workmen en-.
gagged In laying out aud grading an un-
opened street. Had n party In riding along
these unopened streets been thrown from
his buggy, In consequence Of an obstruction
Apt injured, could the injured party get
damages from the city by alleging that they
had not kept the highway clear Of obstruc.
tionsi Certainly not. Mr.. B. sustained this
view by numerous authorities, aud con-
eluded about noon.
Mr.. Cook responded. He commended that
the doubt which this whlstllng, laundering,
jolting, diving, rafting, driving, tumultn.
Gus, aVarlcious railroad criminal now sought
10 hide beneath must DO q doubt Of evidence
only, not doubt Of law. The avenues, he
eontended, were intended to be placed by
Congress upon q different footing from the
streets. They intended to keep the avenues
free forever from the touch Of the railroad.
he dwell with force upon the Importance Of
restraining the powers Of o monopoly within
the narroWest grounds. In answer to the
view that no indictment would lie for oh
struetlng an ungraded street, Mr.. c. said
the sanctlty OF public right was conferred
upon these streeta Immediately by their
being laid out on the map by the founders
Of the city.
That dedication per . dedicated them to
the use Of the public. Mr.. Cook reviewed
and sustained the position previously taken
~ him BY copious argument and the cha
ton OF authorities.
At the close of Mr.. Cooks argument,
the court adjourned until this morning.
The following Is the the text OF the act
referred to by Mr.. buchanan In hIs arSu-
mont yesterday, which he Insist 10 AZ assent
10 q change Of that grader r.
cAaptsr s, TAirtvihird Council, POGO S. ..
Az ACT for releasing the claim Of the cor
poratlon OF Washington agalnAt the Baltl-
more and Ohio Railroad Company for
graduating Second street east, between K
and and and H streets north, aud for
building bridge over the railroad at the
Intersection Of said street.
bsH sH1efsd by TIE Board Of Aldermen dHd |
Board of Common CoUHcii Of he Ciiy Of Wdah- |
tHgtor, That the Mayor be, and he IL hereby, |
authorised to. grant release TO the BALI.
more and Ohio Railroad Company from ali
further claim on the part OF the corporation
OF Washington for the graduation Of Second
street east, required to be done by the said
railroad company for the accommodation of
the streets between X and | and | and II
streets north, in said Second street east, In
the city OF Washington, upon condition that
the said railroad company shall first pay the
sun or ", 1875, which sum shall be placed
70 the credit Of the Fodrth ward.
eBc. 3. md BE- u enacted, That for the pur-
pose OF erecting a substantial wooden bridge, |
Of at least twenty-five feet 10 length, over |
the railroad where It crosses Second street |
east, and for Improving said street from |
square lbs to said bridge, the sum Of $3.50 |
Be, and the same Is hereby, appropriated, |
payable out Of the funds Of the Fourth ward, |
WHOM the aforesaid sum Of S3,l66.75 shall |
be received and placed to the credit OF said |
ward.
Approved, August ., 1885.