Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-08-21

making damages out OF the company, be did
not contemplate anything of the kind, except
probably, for right OF way, for it was so involv
ed 10 suits that the end would never come, but
the court could decide speedily whethe or not
1t had the right to Use the street. Ii it has
the right, let 1t use the street as the charter
provides, but II not, be Was willing to resort to
any means to have the track removed. It's an.
parent'now that the company wishes to use
the sidewalk, as they have long used the street
for freight depot. Some of the Committee
on Streets thought that the company would re-
move the eastern track 90 the street when the
western one was laid d0wn, but there was no
guarantee that anything Of the sort would be
done. The words of railroads were never
worth much, and less now than ever before. If
the company wanted freight depot 90 ST.
Asaph street let them 60 10 work and build ooe
there-they ran the road for their own prof,
ano should be willing to pay for the privileges
they enjoy.
MT. Smoot SAID the question whether or not
the railroad company had the right to use the
street should be settled, aod it was the duty u
Council to take such action as would settle it.
and that definitely.
The president pro tenn would remember, he
said, that 10 March. 1866, the first time, after
the war; when our people had returned and
were permitted to vote, the president pro tenn
had been elected Mayor, he 1.-THE speaker At
torney Tor the Corporation, and other citizens
nemDers OF the City Counci. The newly erect
ed officers assumed the duties OF their positions
immediately. lo the preceding February the
Council, then existing, hal immortalized its
expiring moneuts by passing the Omnibus bill,
allowing all railroads, that approach the city,
| to pass through the streets. 1t did 50 ia bis
opinion, because it thoughtits SUCCESSORS would
not be SO favorabiy disposed towards railroaJs,
aud 10 that supposlilou 1t was right, for the
ne" Council had, amoug its first actions, called
upon him, as the law officer of the city, for his
OPINION as to the legality of the law which al.
lowed the a., ". Il. q. r. r Co. to extcL /
their track through the strecls Of the CITY. The
public, at the time, regarded the act as an IN.
Justlhablc exercise Of legislative authority, in
which opinion, he colcurred, aud impressed
with that IDEA, lie Lad giv.n The subject
careful consideration aud exaluinatoa, AID
found that So far as form vas concerned
the act had been prepared with exuui-
site care aud attention. ln 1853. Mr. Jas.
5. French and other gentlemen had OBJ
talued charter to build the A. l. W. r. r.
on trcoch's plan from Princess street TO the
Long bridge lu building that road they con-
tractcd . DEBT ior which they gave deed of
| trust GU the road. The war came on, and those
gentlemen. with such stock as they could car.
| ry' went South. Some gcDlleucu from the
Nortn aod W EST, scclug the Unused valuable
1ranchlse, determined TO obtau possession of il
FOR their OWL profit, and, more astute than iu.
dlclous, got the County Court to substitute
trustee for the one who had gone South. In
tine the debt on the road became due, and the
substituted trustee had it sold, the purchasers
| organizing themselves into company styjed
the W., g. l. A. r. R. 20. After the war
the A. & ". R. r. 20. sued the W., A. & q.
4. K. Co., alleging that the action of the
County Court was illegal, null aud void. The
lower court 80 decided it, he thought, bur he
was certain that when it went to the Court of
Appeals that Court had decided that such
company as the W., A g. q. r. r. Co. did
not exist, and never had legal existence but
that decision was made after his opluion az
Corporation Attorney, and after the Omnibus
act alluded to had been passed Tue use of
the street from Princess to Kiog was never
Evsn tnen ne TO q 90 W fz5tfRS and # the "
A. & G. R. R. had de facto, but not de jure'
existence, the grant made to it was certalnIy
not to the A. & w. R. R., which now uses it,
The company seem to understand they have
no use to that part of the street, aud are con-
tinualIy endeaVoriog, by one means or another,
to get their rig bit recognized. II they have no
right to the street it is time they were know.
ing that they are violating city ordnance
time they,Were knowing that they had been
long enough enjoying valuable privileges with
out compensation, aud time enough 10 kuow
that they must be bearing some Of the COM
non burdens of taxation. Let thcm buy lot,
build DEPOT, aud be subject to the same lax
alton as otncr pryp rty.holders. Let them pay
for tue use Of the streets, if for no other pur-
pose, to make fluid for the payment of pos
sble damages against the city, or for defend
Jog suits for damages from Injuries inf cted by
their trairs He then offered a resolution pro-
vidiog for tearing up the track IN certain con-
tingencies. (Sce official proceedings)
Mr.. Hughes said he did not believe in law
suits The railroad company had been engaged
in law suits since 1866, and could stand 1.-THE
city could not He depled the assertion that
the railroad company had been continually try
ing to get their right recognized. They had
| never done so, aud this present matter had
been suggested by himsalf, by his own resolu
tion He also denied that the Council which
| had passed the bill was not composed OF citl
zeus Of the town. The time for such talk had
gone by, and be was tired fit. The men who
| paSseu tUal Ulll "eie gnu Clt'hSbsi w mattCl
where they came from, and such remarks as
the gentleman from the lst Ward had made
had Injured the town and driven people and
capital away from it. II the property owners
on the street object to the use Of the street by
the railroad let them sue-Dot the city. The
city had an experience with law suits in the
case of the HydrauIion engine house; and if it
Jared so badly with poor people to contend
with, what would it do With a powerful rail-
road company? If members wanted to know
the probable cost Of railroad suit let them
ask Col. French. This talk about suits was all
nonsense throwing away good money Tor rot
ten eggs. They would go from court to court
until they reached the Supreme Court, and
cost probably $4,000
Mr. ShiuD SAID he hoped the threats that
had been used hy the gentleman from the Arb
Ward would have no weight with the mem,
bers OF the Board. Ii the cost of the suit
should be S2O,U0O, better pay it, better give all
the Dricks'aud mortar in the city, than to sit
quietly while the railroad company Inflicted,