Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-08-28
The Railroad War I'm the Courts.

STREET RAILROAD ACT. BOARD OF PUBLIC
woKKs-PsTITIoN HoR An INJUNCTION.
Yesterday afternoon MIR. Joseph II. Bradley,
Jr., counsel for the Washington and George
town railroad company, filed bill asking for sn
injunction against the board of public works
and James Fitzpatrick and James w. Walsh.
contractors. The bill sets forth that the COM
plsinants have, under their charter, constructed
and equipped the road, and the cost has been
for real estate, the expenses of taking up and
relaying their tracks when grades have been
altered by the board of public works, Sc; that
by the fourth section of their charter it is pro-
ylded that they shall keep the tracks and for a
space OF two feet beyond the outer rail thereof,
and also the space between the tracks, at all
times well paved and in good order; that they
have done so; that cobbe- stone pavement is the
best Tor their purposes that can be laid; that the
material with which said pavements are laid
was by their charter intended to be and was in
TACT lett TO their discretion, provided only that
il was kept we'll paved and in good order; that
by the third section of their charter they are re-
quired to lay their tracks as near as may be to
the center OF the avenues and streets without
interfering with passing over the water or gas
pipes and they have carefully 50 laid their track
that at the time of the construction and equip
ment OF their said road stone was the only mate
rial IN use for the pavement OF streets in cities;
that Congress left and meant and intended to
leave the selection OF the kind Of stone TO be
used by them 70 their sound discretion; thar
Congress has, by legislation, IN terms, confirmed
the original grant 10 them TO select the material
tor said pavements; that the board OF PuOlic
works have made certain changes in Pennsylva
MIA avenue and Sth street east bywhSh the line OF
track III Pennsylvania avenue, which was laid
as near the center of The street as It could be,
and as especially required by said charter, i
completely broken and changed, and the said
board, in direct and papable violation OF the
grant TO the railroad company. aud combining
with their contractors, Fitzpatrick, Walsh, De-
gUlyer, and McCleliand, have torn up the tract,
ana thrown 1t aside, and are now actually pro
ceeding TO pave the bed OF the road WITH a
wooden pavement, without the consent ami
against the remons'rance OF the company, AMI
have thus completely interrupted the travel on
said road, and cut off all communication by Said
road with the other portions OF the city, that the
board hath devised park to occupy that pOr-
ton OF Pennsylvania avenue east OF the Capitol
on which the said track is laid, and require the
company to lay a new track on either side OF
said park. and when the company, To satisfy the
requirements of said board as far as possible,
began to construct their road as so required, the
board further required them to pave the track
with wood, and actually, by force and violence,
the company had laid, and laid down by their
said contractors wood blocks in the track, 50
that the company have been, and are, complete
ly stopped by the defendants from construct
ing their road in said Pennsylvania avenue,
east OF the Capitol, according to the letter
and true meaning OF the grants in their charter.
The company further assert that the said board
OF public works are, by contract, laying a
wooden pavement in Eth street west, north OF
PenDsy ly ania avenue, and in which street the
company have complied with the terms OF their
in repair with cobblestone their track, two feet
on each side, and the space between the rails
and tracks; and without notice 10 the company
to take up their said pave ment I'M tn street, and
to relay the same with the same kind of pave
ment, or that they intended TO DO so themselves
the said board, by their said contractor. Lewis
Clephane, have begun to take up the pavement;
that the railroad company, being DESTROYS,
far as POSSIBLE, to work harmoniOusly with the
board, and even TO yield, in spirit OF accOmmo-
dation, something of their rights, have sought
in vain some adjustment OF this controversy.
They claim that by the seventh section OF their
charter the corporations Of the two cities OF
Washington and Georgetown are in terms pro-
hib!ted from doing any act or thing to hinder,
delay or Obstruct the construction or operation
Of the railroad, therein authorized. They
are advised, and will maintain that the board
OF public works have no powers greater than,
nor are they, in many respects, great as,
the SAID corporations of Washington and
Georgetown had over the streets aud avenues
OF said cities, and that said prohibition by
Congress applies with still greater force to them.
They further claim that TO pave all their tracks
and the ground covered by their said charter in
the manner and with the material required OF
them by the said board of public works would
require an outlay of not less than 800 800, and
would be destructive of the franchises granted
to them, while the delay of protracted contro-
versy III the courts would, il they are not allowed
to construct their road as required by their
char Ter near to the inter- of the street may
be practicable and TO select the material for
pavement. subject the public at large to an
interruption of lines of travel long established,
which would be a nuisance. They therefore
pray that the court WILL by writ of injunction,
prohibit the said board, its officers, agents and
contractors from interfering IN any manner with
the construction or operation of the said rail-
roads, or with the pavement thereof, so long n,
said company in good faith keep their roads as
near may be to the center OF the street and
avenue, and conform their roads to the grade OF
the street or avenue through which such road,
ball run, and 20 long as they shall pave and
keep In good repair, with firm aud sOliI pave
ment such portions of such street or avenue As
by their said charter they are required to pave,
- ard for such other and further relief in the
premises, As to your honors may seem meet"
The usual order was made by Judge DIN, re-
tUTnable Oh September Sd.
The writ was served last evening, aud in con-
sequence the work is stopped to-day.
BOARD OF PUBLIC WoRKs-ProcseEings TeS-
Wallace was instructed to see
that all awnings and sign posts projecting 10 the
curb line on 9th street, between Pennsylvania
avenue and NJ street north, be removed at once.
Y ice President Shepherd addressed letter to