Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-09-17
LOC a L N H :" ..


N?. n,ad trick affair since the Gazette account
la n,hat affair last evening Under instructions
s", ~, tbe Mayor, the track was guarded by the
ly ,I;ee last night, and a strict watch will be
Po". nnon it hereafter. General dissatisfaction,
Ny. .rer IS expressed at the action of the A.
NV r r. company's officers, not only in at
s',mnting to tear up the track, and in carrying
pG tbe iron they had torn up before they were
W. ',",nned but at the course OF the city officials
:ssVailoWiug them to carry it off. City Surveyor
~ T,r,ar who will this afternoon determine the
.rart amount OF iron carried away, says that
'.,tbout actual measurement he estimates the
Snan,ity removed to be about ten tons. the rails
t,,m two tracks having been toru up and car
,;Sd off from Duke street to midway between
.hat and Prince street, and some loose rails that
snS Wing along the north end of the track
TLs feeling throughout the city, as already
.,ated, is universally condemnatory Of the &C
, ,;nn Of the railroad company, and Immediate
rsraliatory measures are advocated by many,
among the first being an early called meeting of
n. City Council, and the resembling of the
solution granting the right of way over ST.
s,aph street south of Princess street, and
should this be done, the company will have
Maid dearly for the two car loads of old rails
ifhrv succeeded in taking off. Gil. Stuart, Cor
variation Attorney, says he does not intend to
sr,Ir 10 Judge Underwood for counter In
nnciou to the one issued by Judge Keith, re-
yraInng the City Council from interfering
with the track, because he does not want to
make the city plaintiff in case of abandoned
rroperty, aud because he understands that
Judge Underwood, after stating IN the Board
Of Aldermen that upon thorough examina-
ron Of the case he was of the decided opinion
that the track was abandoned property aid be-
longs to the city, now says that he has seen
new lights" but what those new lights mean
is not definitely known. 1t will be seen by the
INJUNCTION granted by Judge Keith, and which
is Subioined, that Mr.. DuBarry Superiutend.
ept of the A. & w. r. r., still maintains the
legality of the corporation once known as the
Washington, Alexandria and Georgetown Rail
road Company, though the courts have decid.
ed that no such company ever had legal exist
ance. 1t may be remembered, too, that MIR.
DuBarry and Mr.. Stephens, who was also here
Yesterday experimenting the removLl of the
track, and who says that he will have all the
rails on Henry street before long, are among
the leaders in the scheme for annexlng this
city to the District of Columbia, and the Opt,
ion pretty generally expressed Is that they bad
better wait for the successful accomplishment
Of that scheme before they commence the Work
Of ''tearing up things
CIRCUIT COURT,
CITY OF ALEXANDRIA. VIRGINIA.
lathe Hon. James Keith, Judge Of said Court ;:
The Alexandria aud Washington Railroad
Company, plaintiffs, exhibit this, their Bill of
Complaint, against the City Cou1cll of Alexan;,
dria aud the Washington, Alexandria and
And therefore your orators complain and say:
Vo,,r orotnrs in 1SS- xparo od
boly polite, by the General Assembly of Vir.
riDia, and were duly organized, for the pur-
hose of constructing and operating railroad
between the said city Of Alexandria and the
city of Washington, D. c., and as such, at.
towards, to wit: in the year 1856 they con-
s,ructed said railroad and operated the same.
>. Under an ordinance of the City Council of
Alexandria, passed on the - day of -
l>5-, your orators were granted, for the pur-
Pose OF their road, the use of ST. Asaph street,
ID said city, from the northern boundary Of the
city to its intersection with Princess street, and
they laid down their tracks along said street
and operated their road over the same down to
the Sming OF 1861, when the operations of the
company were temporarily suspended by the
outbreak of the rebellion.
3. Subsequently, and about the year 1856,
the said Washington, Alexandria and George
town Roilroad Company, also body corporate,
both under an act of the General Assembly OF
Virginia aud under an act of the Congress OF
the Uuted States, took possession OF your ora
tors said road and operated the same, and
whilst so possessing and operating it, on the
18th February, 1866, another ordinance was
passed by said City Council of Alexandria, CIV
iug the said last named company the right of
occupying with their works, Henry street, in
said city from its northern terminus to its To-
erSection with Duke street, also St. Asaph
street, from Madison to King street.
Under this ordinance, the said Washington,
alexandria and Georgetown Railroad Company
occupied with their works both Henry and St.
A>aph streets, extending their track, upon
Henry street, so as to connect at Duke street,
With the track Of the Orange and Alexandria
now the Washington City, Virginia Midland
aud Great Southern Railroad Company, and
thereby Connect your orators road with The
main railway line to the Southwest.
t. Ou or about the - day of -, 1S-,
Your orators recovered of the Washington,
Alexandria and Georgetown Railroad Go. the
pc session Of their own works, and at the same
time acquired, and have ever since held, and
now hold the works of that company on said
streets. aud all its rights and privileges in the
Use OF the same, aud they have ever since ope-
rated the tracks over said streets. excepting
Only temporary suspension over Henry street
during the last few months
D. The said City Council, notwithstanding
The rights granted by it, to the use Of said
streets, Is now threatening to tear up your Or
a'Ors track along the same, that is to say, the
Track on Henry street, constructed and operat-
Cd as aforesaid, and it has actually issued orders,
&your orators are Informed, to its executive
Officers to proceed with the work.
b. This Threatened action, if allowed, will
e'use great damage to your orators, and most
serious interruption to the facilities for public
uade and travel; will cut off your orators con-
neetlon with the system of Southwestern rail-
ways and deprive them of the large revenues
SnEh they may reasonably anticipate from
such connection, to say nothing Of the loss re-
s ,..g directly from the destruction Of th;i
tack aud road bed.
II lour orators have fully and strictly, and at
oil times complied with, and performed the
L. IL cAl.