National Republican. (Washington City (D.C.)) 1872-1888, 1875-03-19


Herfurth hall, on FOur-snd-a half street, between
Virginia avenue and E street southwest, In refer
ence to the railroad nuisances on these avenues
committed by the Baltimore and Potomac Rail-
road Company. J. l.. KidWell occupied the chair,
and DR.. Bacon acted as secretary. The commit
tee appointed az the last meeting 70 obtain an
opinion from Mr.. A. q. Riddle presented the fol-
lowing
OPINION OF Mr.. RIDDLE:
81 have had under consideration the question
referred to me by you, and report the following
as my conclusions In the premises: First. think
that whoever buys or leases house on q street
in this city acquires property IN the street to an
extent necessary for full enjoyment of the
house. think there is no power in the municipal
corporation or National Government to violate
this right Of property to authorize others do
IL. That If q franchise is granted to a railroad
company for instance, to lay down track and
run cars along the street, 1t must be done in such
Of the residents. Second. II the railroad
company so constructs its track as to ma
may maintain q suit against it for damages II
II permits its cars to stand the street. or multi
plies its tracks, or attempts to make any use of
the street for freight or other purposes in apy
way, except to pass the trains carefully along the
same, right OF action accrues to the injured resi-
dent for each of these acts. If the trains are
moved with such rapidity as to produce a shaking
or vibration Of the ground, thereby occasfonIng
injury TO the walls OF buildings, the owner NAV
have his action. Nor can 1 see what right the
company can have to torture the sick and infirm
with noises which can with care be prevente1n
The committee also submitted the following
from
THE DISTRICT COMMISSIONERS!
OFFICE OF THE COMMISSIONERS
OF TIE DISTRICT OF COLUMBIA,
WAsHINGTON, March II, 1870.
r. A. Bacon, esq.,, and others:
GkNTLEMEN: In reply to your communication
of the 18th instant, relative to certain alleged
violations Of the local laws Of the District 1 am
directed to state that the executive officers of the
District government are not authorized to inter-
vere in the investigation and punishment of such
offences, the law having assigned those duties
exclusively to the police department and the Po-
lice Court each Of which is independent in its
action. The Commissioners have no doubt that a
complaint made to either of them in the ordinary
forms VIII secure for you full and impartial relief
Very respectfully, WIN. TINDALL,
Secretary.
VIEWS OF Mr.. BANBURGER
Mr.. hamburger looked upon the answer Of the
Commissioners as very ridiculous. He had called
the attention of Mr.. W. A. Cook, the attorney for
the District, to the nuisances committed on Mary
land avenue. where hogs and cattle were allowed
to remain for days, but no redress had been
given.
The matter finally got into the Police Court
when the company did not deny the charges and
yet the Police Court decided that the company
had the right to use the place as depot. The
Of the Board of Public Works, who had the right
to make laws governing the same, and IL was
their place to have the nuisance abated. Mr.
DuBsrry had asked permission Of the Board Of
Public Works TO continue his hog pen and 1t was
granted. He (Mr. Bamburger) continued urging
the abatement Of the nuisance until the District
Commissioners came into power, and on asking
this body to cause the removal Of the pens they
said they had no power in the premises.
FURTHER OPINIONS.
He moved that q committee be appointed to
wait on the District Commissioners and furnish
them with copy Of Judge SHELLS decision, and
request them TO have the nuisance removed.
Mr.. Boswell suggested that the committee ap-
pointed at the last meeting be continued for the
above purpose. AlODted.
Messrs. Mendle and Bid, Of the original COM
mittee, declined, and Messrs. Losano and KidWell
were appointed in their places.
Mr.. Boswell moved that II the District Com
missioners did not do something in the premises,
the committee be empowered to 70 before the Po-
lice Court and take such action as would remove
HMr. hamburger did not doubt that the District
Commissioners had the power to remove the
ernor and the Board Of Public works, and they
had, according to law, control over the streets.
He referred TO the dangers from the cars on Tenth
and Eleventh streets. He would be willing to be
taxed to
BUY THE COMPANY DEPOT
In order that the nuisance might be removed In
conversation with Mr.. DuBarry yesterday, he
told him that the people were suffering, and that
they were making ready to fight the road. Mr..
tine all would be right. Time had been given to
the company, but they had done nothing.
and :poEs or q. Su Of Crock No
against the road, and urged that Individual suits
be delayed until something was heard from Mr..
Mr.. Boswell thought the views OF the Commits
sioners carried the remedy to the Police UJArt,
and made them party thereto Is witnesses.
A motion was made that Invitations be extended
to the business men along the line Of tho road
movement.
terested we're included In the movement.
The meeting then adjourned.