Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-10-19
LOCAL NEWS.

Tur RAILROAD CASE.--for some time past
; ,dents along the line of the Alexandria and
Washington Railroad, near its terminus on St.
,sarh street have been endeavoring to pro-
.nr, me removal of the depot at King street,
a,1 the track from thence as far north Is
V.nc.ss street, tne limit OF the road under its
or;cina. franchise, aud 10 accomplish this pur-
muse :: resolution was lately passed by the City
C,uacii providing for the removal of the road
from kigg to Princess street. 10 prevent
>1,h action the company obtained an injunction
from Judge Keith, which is yet to be argued
qu.; decided In the meantime the Grand
jury Of The present term of the CORPORATION
Court lound IA true bill against the Railroad
Company for continuing a nuisance on St.
Asaph street, south Of its intersection with
Princess street, upon three counts:
The first Of which charges a nuisance in lay
lar down the track,
The second 10 operating the road, and
The third 10 obstrucllng that highway with
s.stionary cars.
The case came on for trial this morning be-
fore the Corporation Court, when the defen-
iant demurred to the Indictment, and to the
tA!rl! couat OF the indictment for want of par
ti.UIarIty in the allegations, that count not
specifying the location OF the alleged nuisance.
Both dcmurrerS we're overrulcd by the Court,
aoi tAe iiry called, the dsiendaat pleading
"Hoi guilty.
The theory upon which the prosecution pro-
c-eiS is fAurici principally upon the decree OF
the Circuit Court of Alexandria county, render
Il at its November term, 1867, IN snit be-
tween the Washington, Alexandria aud George
town Railroad Company aud the Alexandria
aud Washington Railroad Company, suisse
n.,l I'm pf
Appeals, which decree sets aside the sale of
the franchises and property Of the A. Il w.
road TO the W., 4. & q. road, aud i portion
Of which reads as follows:
That all the subscquen. proceedings OF the
said Stewart under sad deed. his sale OF the
sad alexandria and Washington road and
its franchises to Alexander Hay, aod the incor-
pOration Of the said Washington, Alexandria
and Georgetown R:ilroad Company, growing
out Of the said sale, are null aud void, and that
the same should be set aside and anuued."
The atHru2ac j: the decree, mbodying this
language by the military Court of Appeals is sup
posed by the prosecution to make null aud void
the general ordinance of the City Council, pro-
yiding fox the occupation ofcertan streets by the
different railway companies entering this city,
10 which permission was granted the Washing
ION, Alexandria and Georgetown Railroad Co.
10 lay lis track add operate Its road on ST.
A.aDh as far as king street, and it is contend
ed that the decree above quoted wi pes out of
existence that company, and that it was power
less to accept Of and acquire any Of the rights
now exercised by the Alexandria and Wash
legion road, and that therefore the occupation
of the street by tie latter road is usurpa-
ton and nuisance The defendant contends
that the railroad 90 the street is operated by
virtue o legal authority derived BY transfer of
the r!vnt, OF the defunct company to it, among
which Was the right to enjoy the franchise co.,
icrred by the City Counc, upon the old COM
psny. They calm that company had legal
existence and entity recognized and asserted 10
the aci Of Assembly OF 1864 "a legal status not
Effected by the decision referred to-whlch en-
powered it to receive and transfer the franchise
conferred by the City Council. The decision
Of the case depends mainly upon the deter
una'ion of these legal questions, which, if ad.
Verse to the company, will necesstate the tear
lns up of its track back to the intersection of
PriDcess street and the removal of the depot to
that point before submitting to which the
company will doubtless apply to the Court of
Appeals Tor writ of error.
Slice the above was written the Jury have
returned a verdict Of not guilty., aud So decided
tie ST. Asaph street track to De 20 nuisance