Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-08-31
Another Move 10 Day.
TIE RcarG .ZyafnSt TIE Railroad.
APPLICATION FOR MANDAAUs AGAINST THE
RAILROAD.


RAILROAD.
This morning on tie opening of the Elpity
Court, Judge Hum hEeys, Aessrs. Shepherd
aH1 MagruGer Of the board OF works, appeared
with MIR. ). J.. Phillips, ccansel OF the board and
presented az application for wit 10 show cause
why nandam IL sLOulJ not Issue OF the Wash
ingtCD and Georgetown raj ROAD company com
handing the cOIn"any to change their track in
P6nEsy iyauia avenue, between Is and Sth streets
cat, AID to pave their track and the spaces
between with the same material with whic the
Avenue is being paved, and also 10 pave 1ta
street, between PENNSYLVANIA avenue and ID
street, with the same material Is Is USED II pav-
ing Ia street.
The petition after reciting the names of peti-
TONERS, and defendant states: That under the
powers vested in them by law the sail board Of
public works on the 9th ct May. 1872, ieteCm-
ined and passed regulation thai Pennsy civ anil
avenue. nom 1St ~ Sih streets east, saOaiI be
parked IN the center to the width OF 1t feet, an
ia "a side thereof should be paved with wJol to
the width OF sc feet, and chang the lines Of tG ,
said railroad 50 As 20 run over said wooden pave
IGent, and alongside OF and Immediately ncXt 70
sad IaTk, ana subsequently on 18th OF Juiy,
lsI2. The said board Of public works ordered thar
the said portion OF said Avenue be paved with
De GClyeT'5 wood pavement, fer the perform
ancos OF which 2 contract wa therefor
entered into with the said De GO!yeT.
That under the bowers vested by law IN them,
the said board of puOlic works also detcTm ned
and passed regulation that the portion OF itA
street west between pennsylvania avenue ami
j. street north should be paved with q wooden
pave mcnt, fOf the performance of which they
entered into a contract with Lewis Cteph lne,
Esq. That subsequently notice OF said action
al the said board in relation 10 said avenue AMI
sad eth street was given 70 the proper suth'ri-
ties Of said railroad" After TeCiting thai
HnIgrify = granted said railroad to IL track
in certain streets the petition continues: a" II =
made The duty OF the said railroad by said char
ter, IN The event OF the altering or impr0yiu. OF
said Pennsylvania avenue and eth street = =
by either the United States government or the
city OF Washington, to change their said rail-
rCa0 so a. TO conform to such altered grade and
/ pavement That the said board OF public
works has had vested in them the powers re-
served 10 the said government OF the United
States and TO the city OF Washington, ami h4s,
I in virtue thereof, altered and improved sa ii
| Pennsylvania avenue and 9Th street west, and
4 began to lay, and has laid, said wooden pave
| ments, and has established said park and has
required the said railroad TO change the location
| of their track TO run over said wooden pave
mepts alongside of said park as Aforesaid 4.
/ That Notwithstanding the action or said board
and full notice to the railroad, yet said railroad,
| OF regarding Its duty in the premises, has not
I only refused TO lay its tracks upon the side OF
said parks, and not only has refused to Law
/ wooden Pavements so rs to conform to such al
tered grade and payements, but has laid and
! still persists in laying its said tracks In the
| centre of the avenue, and has paved and still.
/ persists In paving it, tracks and the space be-
l tween them with cobbleStOnes or pavement en-
/ tirely different and not conforma5le to said
wooden pavement, all OF which If in manifest
/ violation OF the plain duty of the said railroad
| imposed upon IL by the terms or its charter
These petitioners representing the people of thi'
| district and OF the United States show yoar
| houors that II Is incumbent upon them 70 see
that the said railroad, far as il traverses the
/ public avenues and streets of the city OF Wash
| lngion tef which they shave entire control")
! IeiicIms ITS DUTY 20 the public under its char
| YET. Ihey, therefore, represent that there is no
ade9nate tmedy at law or in equity for them
oi;HH1haty process to compel the performance
Oh s,ld GUY, and wherefore they pay, &c.
| . Ire writ was made returnable on "Wednesday
! September IL.
| THE RAILRoADMES RELAXING Tuvrp tn .cvs
| Inc railroad company resumed work on Penn
! sylvania avenue this morning, REPLACING thair
/ tracks in the centre OF the avenue. AMI tba
above writ does lot operate as an estopel.