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

track on st. Asaph street, between King and
Cameron, to the western side of said street, re-
nlcstion from the acting Corporation Attorney
back to Council without recommendation:
Z, Remper, esq, Mayor, &C.:
Dear Dir In compliance with your request, I
have examined the act of the City Council of
Alexandria, passed February 18Th, 1866. grant
ing inter ALA to the Alexandria, w Washington
and Georgetown Railroad Company the right to
occupy ST. Asaph street from King street to
Madison street, &c, upon the cypress terms and
co7@1taonS That the said company shsll keep the
street SO occupied in good repair and condition
between the rails and at the distance of two
feet etrom on the outside of their track, and
ITO lay and construct the track so as not to OBJ
struct the drainage of the street or free and con.
Venlent travel tnereupon." And / have also
considered the question submitted by you as to
the night OF the said company to change the pre-
sent location of their track on St. Asaph, be-
tween Cameron and King Streets so as TO bring
it nearer to thei: depot, on the west side of the
street.
think the railroad company have the right
to make the change conte mplated by them in
the present location if the track provided it is
| made IN such manner as not to obstruct the
drainage of the street or free and convenient
travel tnereupon.
l believe this to be correct visw of the case
| upon fair construction Of the language of the
act of 1866 and it seems to be maintained by the
| law, as stated by Judge Dillon in his work on
municipal corporations, page 659, sec. 558, note
/: If railroad company is authorized to &C.
cupy the street of city, it possesses as neces-
| sary incident the power to make turn out
within the limits of the street to communicate
with the depot on the street." l La. An, 1913,
9th, ID. 284, power TO construct railroads in
streets, held to include sidings and branches TO
wharves." Black VS.: Railroad Co., % Pa. ST.,
| 249-253. | will add that from what l have been
informed of the plan of the proposed change
there will be no obstruction Of the drainage, and
the street itself will be more free and Convenient
for travel than it now is
| Yours respectfully,
| Aug. 18th, 1879. ALBERT STUART.
Mr.. Smoot introduced the following preamble
and resolution, which were adopted:
| Whereas the Alexandria and Washington
Railroad Company is occupying with it's tracks
st. Assph street, from Princess to King street
and whereas the City Council of Alexandria has
never authorized such occupation by the said
Alexandria and Washington Railroad Com.
pany; therefore be it
Resolved by the City Council of Alexandria
That the Mayor forthwith notify and require
the said company to remove their tracks from SC
much of st. Asaph street rs lies between King
and Princess streets, and upon their failing fol
thirty days to obey the said notice and require
ment that then and in that event the Mayor
shall proceed without delay to remove the same
A communication, signed w. w. Slsson
calling attention to the bad condition of u o
belonging to the City Council, on Payne street
referred by the Board of Aldermen to the Com.
mittee on Finance, was received from that
Board, their action non-concuired in, and re-
ferred to the Committee on Public Property.
MIR. Hopkins introduced q resolution directing
the Committee on Streets to examine Union ST
and report to the City Council what repairs are
necessary thereto in order to place the street il
good travelling condition, and the probable cos
of the same which was adopted
Mr.. Hughes, from the Committee on Streets
to whom had been referred communicate,
from some of the property owners on south
Market space, reported the following resolution
which was adopted:
Resolved, That strip of ground, four fee
wide on the south side of Market alley running
through from Fairfax to Royal street, be, ant
is hereby, set apart as footwslk, to be pavet
with brick pavement at the expense of the prop
erty fronting on that side OF said alley tn
pavement to be kept free from all Instructions
Messrs Risheill and Hughes then stated tina
if certain illusions made by member of th
Board of Aldermen in speech in that Boar(
referred to them, they were untrue and tn
meeting adjourned.
Teste: HAROLD SNOWDEN. Crk.