Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1874-02-28
LOCAL NEWS.

HENRY STREET RAILROAD TRACK. -Th'
following communication from the Corporation
Attorney accompanied with deposltions, re
spcc,ipg the propretorship Of the Henry stree
railroad track, about which there was 50 much
trouble last year, was read at the last meeting
of CITY Counci! and referred to the Finance
Committee.
To the City Conr.cil Of .1terandria:
1bs Council, on The 5,h day of September
1873 passed the following resolution:
where's i: is important that Henry street
should be put in condition for general travel
tn, refore, be it
Resolved, That the Board of Public Works
be requested to have the iron rails lying in said
street disposed Of by pubica auction and removed
therefrom, and apply The money derived from
such sale to the mpr' venom. Of said sire t.
On the 10Th day of September, 1873, the Alex
andris and Washington Railroad Company,
claiming to hold the track on Henry street by
virtue OF a transfer Fl ON the Washington Alex
andria and Georgetown Railroad Company, OBJ
tanned from the Hon. Judge Keith, Judge of the
Circuit Court for the city of Alexandria an in.
uni ton restraining the City Council, Its officers
and agents from interfering with SAID track.
1t is well known that the resolution directing
the sale Of the iron passed by the City Coun-
Gil under the impression that the road over Hen
~ street was constructed: during the war b. the
United States Government, that the same had
been abandoned by the Government to the city
vi Alexandri., and it was alleged that there was
written evidence of the fact to be found In the
rec rGs of he city, and;tie names of number
Of prominent citizens were mentlc ned who could
prove the fac. of Inc abandonment Ct the road
70 the CITY by the auiN oriLles of the United
States and further that the Courts of Virginia
hsi i, .ldcd that no such corporation as the AL
exsnGria Washing ton and Georgetown Rail DAD
existed in the State Of Virginia
Although, upon careful investigation l am
x,,,> r ,loy,, ho,
k,ow!ad !, d the existence OF this corporation by
81. act pyssCd ut Alexandria in IL 4 and that the
Ci,y Council has repeatedly acknowledged ITS
c1 stc:c by & ng it autho: ity to connect with
the ia!c uranse ynl A exandrla Railroad Com
psny, ls"e laws Of the city, on Duke street, and
/: .r,yi It xes on the road l do not think it
necessary refer to this subject, for the reason
tia: the unlv question raised by the bill OF in
junction i, the RICH. of the City Council to seize
s:a sell tlr iron OF the track on Henry street IS
aonaIo4r pro Dertv
Tn n tni, point understand i. to be well set
.c,. .aw lhsl wheu property is abandoned and
ta!.; il the possession of another, the party IN
posse sion his as AGAINST any other than the Jaw
III. own:ra right to the same 1t will appear
.roM he tc; .i.4ony III tue use, herewith submit
ted, III 1t the track on Henry street has been and
now in thc occupancy, control and possession
Of be! soEs nr corporations, who have made con-
;-ac' in cic. ence thereto with other corpora
Il IL and persons and are ut This time using and
cvu'ro i,0g ,he tr.ck md have so used and con-
,ru..cI it since the WA.
IT, thereto Z, in technical defence to the bill
oi lu Inc;ion it could be shown that no such cor
puratun as the Alexandria, Washington and
&, r1ctown Railroad existed in Virginia or else
where, UT the lawful possession OF this track, as
recognized by the City Council, being IN the oc'
cu;nlrcy, posscssit and control of parties who
claim ,ne iron as their property, and the City
C"UIcil being unable TO prove better title TO
IL" same any attempt to defeat The claim or the
complunants in The bill even if successful upon
technical grounds, would not vest under the ev-
iicnc, as adduccd by the Council itself any
right TO take and sell the property, as directed
by the resoutio' as tn property OF the Corpo-
ration; but in C. so such sale was made, would
I'll jet the city to a suit for damages by the
owners of the track. In view of the general In
ter 81 manifested in this matter, have carefully
examined the whole subject and after search.
liS inquiry have only been enabled to produce
evidence, which, il il tends to prove anything,
is /" the effect that the iron on tie Henry street
rs road d es not belong to the city of Alexan-
drr. and if So the Board of Public Works have
10 right 10 sell the same. l; therefore, respect
fully recommend that the resolution OF the 9th
CT c, tea. Der, 1873 be rescinded at once. have
heretofore co municated to tue Board of Public
" rsSs verbally my views upon this subject,
srG on last Saturday conferred with ;: r.
Beach, esq, counsel for the company, who has
sgrcrd That if the resolution is rescinded he will
immediately dismiss the bill of injunction. L
respectfully submit the evidence taken in the
Cause and n copy of all the laws relaxing to rail-
Tosis in the city, made, at my, instance. by Au-
d1:'r Ashby, and advise that tho order directing
y sale OF the iron be rescinded.
Respectfully submitted.
CHARLES E. STUART.
Attorney for City Council.