Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-12-15

mon to all the railroads occupying our streets
aud IL the City Council attempts to pply means
to correct specially complaints of this road
tnen such legislation would, nanifestly, be un.
just and descend to the unenyiable practice of
persecution. Suppose the Council does ad-
here to Its resolution of tearing up the track to
Princess street. would it DOT be 40 example of
the most partial or special legislation to relieve
the property holders this side of Princess street
OF alleged annoyance and Inconvenience. and
force those beyond that point to endure what
Is claimed by those this side as an injury to
property 1t so appears to me, and the City
Council must either rescind its action on the
subject, or amend it by repeating the whole
act to occupy any part of the street. IF this is
no1 uone' l cannot vote to relieve part of the
properly holders without relief to the balance.
Treat all alike and | will cheerfully vote for
repeal OF all the railroad acts to occupy our
streets, and afterwards allow them to come in
under new conditions and restrictions, but
certainly vii! not vote for repeal of part of
an act 10 relieve part of a street. The small
est property holder is entitled to as much pro
| tection as the largest, and while this railroad
track Is announcement to some, it is convent.
ence to macy and there are property holders
| 90 the street who will be greatly injured in
|
| of the track. Tie act which / PROPOSE will. |
think, correct the evil. and is as reasonable in
It's conditions as compliance with them will
be easy and unoppressive. Ii requires the
company to place lts track 90 the west side of
the street, between klog aud Cameron streets,
ana restricts the main track and siding to but
| nineteen feet SIX inches of the carriageway,
thereby leaving twenty-five feet six inches un-
interrupted to travel. 1t requires the com
| pany to furnish sand and gravel to keep the
carrlageWay 10 repair, and also dem1nds that if
tue Council should at any time order the street
paved, the company shall pay one third OF the
expense OF such paving. 1t makes it obliga.
tory to keep aagmen on the street. and to make
easy crossings of its track to the alleys
and stables on the street, and Gually makes
the act repealable at the pleasure of the
City Council. This provision, it has al.
ways occurred to me, should be ensrafted in
every bill giving consent to rights and fran
chlSes to companies of whatever aims or de.
| scripuon, and | hold it as common sense
principle that the City Council having 10 fee.
simple right IN street. cannot mar its ease
| ment beyond the force of a lease. But il is
| Tor this Board to dispose of the act as the will
and pleasure Of the majority may elect, and
must be allowed to repeat that will not vote
to make this railroad track an object of coun-
cllmanlc opposition while other railroads occu.
| pylng much more of our streets are permitted
TO DO pretty much as they please with the pub
lie easement under their CONTROL [ believe
that quick, reliable and cheap commuuica.
ton with Washington city is about all We have
lcft tD encourage the hope that our city will
gro" better than 1t is as place for business
and commerce, add it public patronage of a
frl al 10 ! - u
muolty, certainly this road deserves cousdera-
ton, and If cheerful compliance with cobhct.
Ing aud opposite orders evinccs spirit to be
| accommodating, then this railroad company
cannot be accused of disposition to be contu
macous, and it must be admitted ia common.
datlon OF 1t that it has not yet failed to obey
with alacrlty any police regulation the Council
has seen ut to impose upon it, The Council
ordered the company to riog its engine bells in
going through the streets, and 1t was done.
Ihe Council ordered the bells not to be rung
aud that Hagmcn should be substituted there
tore, and it was done The Committee on
Streets ordered the track to be raised and it
was done at great expense to the company
The Council changed the grade of the street
ADD ordered the track to be lowered, and again
the order Was obeyed at increased expense to
the company, and 10 view of these facts feel
that the City Council owes it to itself to be
just, if not liberal, in its legislation on this
subject.
DR.. johnson then offered the following reso
luton:
Resolved by the City Council, That tho "Act
supplemental TO an act to authorize the Alex
ahdria and Washington Railroad within the
Corporation limits of the city" be referred to
special committee of Messrs s. F. Beach S. Chap.
mani eale, u. Ia Smoot and CORTLAND b. Smith.
with instructions to report On the same at the
next meeting of the City Council and
BE 1t further resolved, That the Mayor is
hereby ordered to suspend action in reference
TO the resolution relating TO tearing uplthe track
on st. Asaph street until further orders by the
City Council.
MIR. Mckenzie said that he thought that
the gentleman had done injustice to both
Boards; he supposed that the subject had been
brought before Council by o memorial from
property holders residing on St. Asaph street.
Consent. be said, had been given the Alexan-
drla, Washington and Georgetown Railroad
Company to occupy the street, but whether
by the change of name to Alexandria and
Washington Railroad Company it had lost that
right he did not know; 1t had been said it
had, but the great difficulty was that the peo-
pie who we're property holders on St. Asaph
street now were not property holders there
m.Sa o"" oonoSup Wu'sSlFCu. LIZ Teau the
following from the City Charter, chapter Sc,
IN regard to how an application for the use Of
the streets by railroad company shall be
granted, also an act approved January Is, 1875 !
Sec "a. No Company shall ccupy with its
works the streets Of any town, until the cor
porate authority OF the town shall have as
seDted to such Occupations, unless such assent
be dispensed with BY official provisions of law
No company shall cross or occupy with its
works the streets or alleys public or private, of
any city or town without the assent OF the cor
porate authorities thereof unless such assent be
dispensed with by special provision of law; and
in case any lot or lots along the line of such
streets or alleys shall, by such occupation or
crossing be impaired in value, such company
shall, before crossing or Occupying such streets
or alleys, make compensation therefor to tho
owner of the land, said compensation to be as
certained in the manner provided by law for
the assessment of land damages.
MIR. Mckenzie, continuing, said that he
thought the bill ought to 20 to the Corporation
Attorney tor bis opinion, for he did not want
to get ibto law suit with Mr.. Irwin, as this
law business was too expensiYe and the CITY