Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-10-20
The st. Asaph Street Track.

6ns, and attended the funeral.
The st. ASaph Street Track.
The Legislature in 1854 chartered the Alex
andrIa aud Washington Railroad Company to
construct aud operate a railroad between the
cities OF Alexandria aud Washington. The
charter contained a provision that the company
might use the streets OF this city for the pur
pose Of connecting its road with any other ter
mnaslng IN the city Of Alexandria, with the
assent Of the City Council of Alexandria. In
1856 the City Council gave permission to the
A. j. ". X. R. 20. to use st. Asaph street
as far south as Princess street. La 1862, under
au order of the County Court of Alexandria
county, substituting Joseph Stewart trustee in
the place OF Walter Lennox, in deed of trus,
ex cu;rd by the A. j. ". H. r. Co. to secure
Certain bonds, aud a sale by Stewart, under the
deed CT trust, corporation, created by the
sale OF Stewart, styling itself the Washing.
ton, Alexandria and Georgetown Railroad
Company purchased and got possession OF
the property, privileges aud franchises of the
\. Il W. Il. Il. Co. In the year 1866 the
Guy Council granted permission TO the said W.
A, 4 q. Il. r. 60. to occupy and use St,
Aaaph street as far south as King street, and
also reatiirmed it 10 1874 The Legislature of
Virginia, at Alexandria, in 1864, passed an act
entitled an act to allow the W., A. Il q. L. Il.
Go. to increase its capital stock. &c, aud there.
oy recognized the W.. A. j. g. Il. r. 20. as a
body poillc aud corporate, aud granted it all
The rights and franchises of the A. 4 w. r,
r. Go. .'
The Court OF Appeals, i'll 1862 in the case
OF tho Alexandria aud Washington Railroad
Company against the W., 4. d u. r. r. Ca
decided that the order OF the County Court OF
Alexandria county was erroneous, the sale OF
the y. l. W. Il. r. Co., by Stewart, and the
incorporation OF the W., A. l. q. Il. r. Co.,
growing out OF the sale, were null ana void ard
in 1870 the 4. Il W. r. r. Go. recovered lis
road aud the W., A. 4 g. Il. Il. Co., trans.
cfIci all lis rlsE hts, privileges and franchises to
1t, which Included the permission of the Civ
Council 20 It to occupy st. Asaph street as far
south as King street.
ln the nuisance case, tried yesterday, it was
contenGed for the prosecute LIST, that the CITY
COUNCIL had 90 power to grant permission to
tue \. Il W. k. Il. Co. to occupy the streets
OF the city except Tor the purpose mentioned 10
lis charter, namcly: to connect its road with
another road terminating IN the city, and that
therefore the A. 4. W. r. r. Go. had no
right to occupy St. Asaph street as far south
as Princess street; ii, that the ". A. Il G. r..
Ii. 20. was not body corporate under the
laws OF Virginia, aud that therefore the per.
MISSION To- 1t to occupy st. Asaph street as Tar
south as King street was uuity, and further
that the City Council had 10 power to give
such permission, as it mad no charter 10 build
road 10 Alexandra or anywhere else /,
that the W., \. 4 e. r. r. Co. uld not
transfer IN 1870 the permission to use ST.
AS pa street given it i'll 1866, to the A. & W.
H. Il. 20; 4tn. that the permission to the
w.. \. u. h. L Co. was simply license
to use the street, aud might be revoked, and in
fact had been revoked by the City Council
recent order TO that company to remove its
track.
The Court held lSt that under its char
ter The A l. W. Il. Il. Co.. with The As.
seat OF the City Council, could occupy ST.
Asaph street as far south as Princess street ::
2nd, that the W., A..& g. t. Il. Go. was a
body corporate under the laws of Virginia, and
was entitled to all the rights aud franchises Of
the A Il. W. r. R. Go. and might accent
the permlSsion granted it by the City Courci :
%rd, that the W., A. & q. h. r. Co. could trans
Ter the PERMISSION to occupy St. Asaph street
as tar south as k'og street to the A. 4 W. r.
Il. Co.; All, that the permission of the Civ
C'uhclI Was 10 the nature of contract, and
could not be revoked. The concIusousof the
Court was that the A. & w. r. r. Co. had
tull authority from the Legislature of Virginia
To occupy 81. Asaph street to King street.
The jury, 10 accordance with the Courts
INSTRUCTIONS, touud that the St. ASaph street
track, as far south as King street, Was not a
nuisance