Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-03-19
Rights of Railroads I'm tire streets.

arfI
han. on Az street, TO hear the rep ,rt of the
committee appointed at previr ms meeting
to wait upon the District O. mmissicners
with petition OF the eitiz' ms, asking re-
suffer by the railroad com sssny making those
avenues a common frei@. mt DEPOT for the load
ing aud unloading o. heavy freight, to the
detriment Of their business and comfort as
well as damage TO- their property, and TO take
such further ACTON as might be deemed ex-
pedient
Mr. ]. l.. Eidwell was called TO the chair,
and Mr.. "a A. BacorSwas chosen as secretary.
Mr.. Bacon made a brief statement or the
action taken by the former meeting, and re-
lated the subsequent action OF the commit
REPLY OF THE DISTRICT COMMISSIONERS
10 their petition, saying: "That the execu-
tive officers of the District government are
not authorized to intervene in the investiga-
ton and punishment of such offences, the
law having assigned those duties exclusively
TO the police department and the Police
action. The Commissioners have no doubt
that a complaint made to either of them in
the ordinary forms will secure for you full
and impartia hearing"
Mr.. RIDDLES OPINION
Also, the written opinion of the attorney
of the property owners, Mr.. A. G. Riddle, as
follows; IL have had under consideration the
question referred to me by you, and report
the following as my conclusions 10 the prem
Uses: First. / think that whoever buys or
leases house on street in this city acquires
property in the street TO an extent neceS-
Sary for full enjoyment of the house.
think there is no power in the municipal cor
poration or national government 10 violate
this right of property or TO authorize others
TO do il; that if a franchise is granted to a
railroad company. for instance. 10 lay 60 yn
a track and run cars along the street. II must
be done in such a manner as not materially
10 impair this right of the residents. Second
If the railroad company so constructs Its
track as TO materially obstruct the street,
each resident may maintain suit yainst it
for damages. If il permits its cars to stand
on the street, or multiplies its tracks, Or at
Temps to make any use OF the street for
freight or other purposes in any way, except
10 pass the trains carefully along the same,
a right of action accrues To the injured resi-
dents for each of these acts. If the trains are
moved with such rapidity as to ptOduce
shaking or vibration of the ground, thereby
OccaSiOning injury To the walls of buildings,
the owner may have his action. Nor can /
see what right the company can have To tor
ture the sick and infirm with noises which
can with care be prevented"
MR. BAMBERGER'S EXPERIENCE IN COURT.
Nr. BambeTger said he regarded the reply
of the Commissioners as very ridiculous
one. in view of the fact that i'm June, 1873, he
ha0 instituted proceedings in the Police
Court against tins road for part of the same
nuisance complained of now. The particular
ofTense then was the Keeping of calf and hog
pens in front Of his dwelling and the frequent
standing of heavy freight and passenger
trains on the street crossings for hours at q
time. He first made complaint to the attOr-
ley for the District, Mr.. w. n. Cook, who
refused to ente. tain il; next he made aDpli-
cation TO his assistant, n. II. Miller, who had
also turned a cold shoulder upon him. His
next recourse was to Judge Fisher, who took
hold of the case and made out the necessary
papers to bring it properly before the Police
Court. The case was fully heard; the teSti-
mOny more than sustained the charge, show
ing a series of intOlerable nuisances
which would not be suffered by any
other community in this country. The
court, after a patient hearing, not
withstanding all the evidence addUced,
cited laws TO show that the railroad held the
right OF way through these streets, and that
over the streets and avenues, were also EN-
powered 10 give the company permission to-
use the streets for the purposes complained
OF; that, holding this control, they also have
the power 10 remedy these evils. He had
subsequently ascertained that the very day
these proceedings were instituted Mr.. Du
Barry, the manager of the road, had applied
for and obtained from the Board of Public
Works permission to continue these cattle
pens and other nuisances set forth In the in
formation. The decision OF Judge Smell was
PRINTED IN THE EVENING STAR
and he had preserved 1t until now: To
their permit he applied 10 the Board of
Public Works FOR a copy of it, aud was told
that IL was not necessary as ii was merely
private matter between the Board and Mr..
DuBarTy. Subsequently, however, he had
stating that permission had been granted
the railroad company 10 use the streets for
the purposes complained NOW, If the
Board of Public Works held these powers
the Commissioners also do, for all the
powers of the Governor and the Board of
Public Works were delegated to the Com
miss1pners by the organic act creating the
latter; il is simply transfer of authority.
He thought the most feasible way for the
citizens is TO formally request the Commits
SiOnerS and the railroad company to remove
these distractions. and then proceed against
them under the existing laws, in accordance
with the expressed opinion of Mr.. Riddle.
They should call upon the Commissioners
and lay before them the decision OF Judge
Smell and request If any such permit to the
railroad company now exists that il be re-
vOked so as to relieve the court of any en-
baraSsment on that score, and then if be
acceded TO they can
ENTER A NEW SUIT
before the Police Court. He moved that a
committee be appointed for this purpose.
Mr.. +. y. Boswell moved that the same
committee be continued; adopted.
Two of the committee-Messrs. MendaII
appointed Messrs. NJ Losano and Bamber-
ger. The latter also declined to serve. and
by unanimous request Mr.. j. l.. Kidwell was
Mr.. Boswell said that, inasmuch as the
| Commissioners had concluded that they have
| no powers in the premises, the committee be
instructed TO proceed at law against the COM
pany. He moved that the committee be in
Sfructed to commence new suit in case IL is
found necessary; adopted.
POWERS OF THE DISTRICT COMMISSIONERS.
MIR. Bamberger said il was clear that the
commissioners do have entire control of the
streets and avenues, and IL was also the duty
Of the chief engineer to keep the streets free
| of distractions. He wished it understood
| that he was not an enemy to this road he re-
| JOlced with his neighbors to see il prosper
| but not by the ignoring of the rights OF others
| He would say not a word against the noise
| kept up by the ringing OF bells or viii stling c.
! engines. nor Of the speed of the passing trains
\ which was, he believed at the rate of twenty
/ miles an hour; especially is this the case in
| the night time. but the company have no
! right to establish these obstruction nui sances
/ upon them. He desired to see this evil cor
| Tected during his life time.
| THE BEST PAPER.
| THE STAR has always been the adVocat
of the rights of the citizens and he believed
| il would be in this case.
| MIR. Crown.-''It is the best paper in the
! United States
| Mr.. Bacon called attention 10 the fact thai
\ Mr.. TroOk, residing on Virginia avenue, Eeal
| .th street, had brought suit in the District
\ supreme Court, claiming damages to his
| property at $1,000. His grievance is the
| same, and he advised n pOstponement of q
! civil suit until this case is decided.
| Mr.. Crown advocated
THE RETAINING OF GEN. BUTLER
| at once, with Me>sTS. Riddle and Merrick as
| their counsel.
Mr. Boswell said he thought the reply o
| the commissioners Was correct as To the iu
| rlsdiction OF the Police Court. He thought
| the remedy existed in this court. The Com
missioners are right in their views that tney