Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-04-19
Legal Proceedings TO Forfeit the
Charfer OF the WashiNgton AND
lseOFGetOWn Railroad l,NnanaRx

To-day, in The Circuit Court, Judge Cartier,
the case of the United States agt. the Washing
ton and Georgetown RAILROAD company-scire
factas, TO forfeit the charter of the railroad on
the ground that the company has not complied
with the terms OF the char ter-was brought mp;
MI. X. D. Mussey for the government and the
hessrs. Bradley and z. Phillips for the COM
pany.
The hearing comes up on demurrer that the
proceedings could only be instituted by the At
torney General of the United States; that the
right Of repeal reserved in the charter to Con-
gress leaves no room for the exercise Of the
judicial proceeding without such proceeding
contained in each Of the charges Of complain
ant are stated in too vague and uncertain and
general manner; that If all the matters com
planned OF were admitted to be true they
afford no ground Of forfeiture Of charter, and
that if all matters were true the lapse Of time
and ac4uiscense Of all concerned would be q
MIR. Bradley argued the demurrer for the
railroad company, and was followed by
Mr.. MUssEY FOR THE COMPLAyNANT,
and he argued on the first point, thai the at
torney for the District was the proper Officer, to
the second point that the proceeding is proper
~ brought; to the third that there are alleged
in the writ no less than eight distinct violations
of franchise and obligations: 1. Non-conform-
ance TO the altered grade and payements of GER
tain streets. 2. Demonstration within the
time limited by Law Of q portion of its track.
required, for one rate Of fare over their main
line and branches, SC. f. Failure to return
uelf rOau as real estate" Tor taxation. ,. Fall
ure and neglect to keep their tracks well paved
and in good order. 6. Failure and neglect to
comply with the requirements as to fiTst-class
cars and times of running them. I. Failure and
neglect to provide such passenger rooms. &c.
as the business OF the road and the convenience
OF the public demand. 8. Failure and neglect
to make the annual report to Congress required.
And it would seem sufficient answer to the
charge that these allegations are vague, uncer-
tain, and general.
To the 4th point. That If the matters COM
planned OF were admitted to be true, they offer
10 ground of forfeiture of charter, he saws:
" Examining the grounds on which forfeiture
Is asked of the defendants charter
we find that the defendant has sfbroken the
trust' on which il was created, not in minor
and uDmportant matters OF details, but largely
and broadly, and in matters which deeply con-
Germ The public"
To the 5th point:-"That If all the matters
were true, the lapse of time and acquiescence
of all concerned would be a bar to the proceed
ing," he says: "the 'acquiescence of all con-
eerned,' spoken OF here, does not appear from
the record. in which alone it must appear if it Is
TO be shown here. On the contrary, the record
shows that the United States does not sac-
quiesce;' If 1T did, the defendant would not be
vent the sOveI eign from instituting such a pro-
ceedhig as this. An examination of the report
ell cases of scre facids shows the reason set forth
IN this ground of defendants demurrer, to have
been generally pleaded and as generally over
ruled and he submits that the demurrer. inter-
posed by defendant, must be Overruled and
Judgment given for the government"
Mr. Phillips was replying for the company
when our report closed.