Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-03-29
TIE METER OF 6RaaTls6 PRIVILEGES TO
RAILROAD COMPANIES IN THIS DISTRICT.
imP"rfnnt Report by Gen Birney.
Assistant District Attorney.

Assistant Dsstvicf Attorney.
Gen VIM. Birney, Assistant Attorney for
The District, has submitted his opinion To
the District Ccmni ssioners in relation to
the bill Oh. R, No. 746l ito iScorpor ate the
Union Railway Company of Washington,
Georgetown ard Northern Virginia" which
had been previously referred to him by the
Commissioners. He states that on the same
date with the reference, several OF the parties
nameo In the bill as cOrporators presented
for his consideration sundry arguments IN
favOT of the bill; and, at later date, the
same parties, or some of them, submitted a
bill with notifications designed to obviate a
part OF the objections suggested by him to
the original bill. 1t drops the lateral horse
car road from nth street, along Il. 9th, and
Louisiana avenue; adds the right to run a
railroad ENTHUSIASTICALLY from Georgetown
to connect with other railroads; reserves to
Congress the right TO impose terms for cross
ing the Aqueduct bridge; provides for dam
ages to property deprecated by the proXim-
ity Of the railroad; respects the established
grades OF The streets, and amends the bill in
other details so as to make il less open to
objection in pOTt OF form.
obj CrIOES TO THE BILL.
The language of the amending clauses is,
however, vague and i'll adapted TO attain the
object aimed at. There are further objec-
tioDE of ceIail which are not Obviated by tie
amendments. Among them are:
l. There is no provision that at points
where the route is not defined, the route
shall be designated by the engineer OF the
District.
There is no provision that the proposed
bridge over the Potomac shall be built a der
the supervision OF the Secretary of War, aud
in such manner as he shall direct
The franchises are not SuUOrdiDatei to
tie TuDicipa! rights Of the District of Co
Iumbla ana Of the executive department of
The same, az successor 70 the Board OF Pub
lie Works The right OF way of the company
should not be allowed TO conflict with the
continuous rights OF sewerage aud grading,
or with the rights To lay wa ter ma ms, gas
PIPES, &c; ana The tracks should be laid of
ruCh rails and at such au elevation az shall
be Iequ-Ted by the engineer of the District.
!. Tie lumber of the tracks should he lin
l'td ioChe, except In the immediate vicinity
Of the depOts, where the number should be
controlled hy the engineer, under supervision
of tie Commissioners.
;. The speed Of the locomotives should he
Tegu .ated by order OF the Commissioners,
WHO, at present. have 70 legislative power.
TIE track shOU stop at its first inter
sect on Ith tue track OF the Baltimore and
Potomac company, at Long bridge. AS pro-
weed in the bill, II intersects the track of
the Il. q =. company twice, once at Long
bridge and once at I'd street east. In the in
t6rval between these intersections its pas
sage would destroy tine value of property
which can be estimated only by millions.
I. The right To cross the Potomac should
be limited to the bridge to be built by tue
company. There are sound reasons why 1T
should not cross the Aqueduct bridge.
assessment of the franchises and property of
the road, and that they shall pay the same
per centage as real estate in Washington
city.
9 The bill should provide sufficient safe
guard for the rights of original stockholders;
the capital should be paid in before any work
Of construction is done under the charter
and TO mortgage OF the franchise and proper
~ should be permitted, unless in the interest
of the original stockholders: and this fact
should be determined on full investigation
by responsible public officers.
10. The right of removal OF the track to the
penn aneDt waterfront OF the city, or TO To-
Gallon less injurious to the interests OF the
District, should be reserved to the local ex-
ecLtive authority; as also the right, on six
months notice. TO order the diScOntinuance
of the Use Of steam as a motive power with
IN The limits OF tie cities Of Georgetown and
Washington.
II. The words "avoiding the public
grounds should be changed To s'aVoiIing
the MALL" for the place TO be passed over by
Of Tiber creek, and sometimes called the
"kidwell meadows" is, in his opinion the
property of the United States; and no phrase
should be used in a statute to imply the con-
traTy. The patent issued December 6, 1863,
for a. and 7l-1c0 acres OfthiS part OF the water
front Of Washington city, is regarded as one
tina; will be annulled whenever brought be-
fore court OF competent jurisdiction.
OBJECTION TO THE PRINCIPLE OF THE
BILL.
But these objections of detail dwindle into
inslgnihcance when compared with the OBJ
1ectlOns TO the principle itself of the bill.
Why should franchises of such immense
value, and which belong OF right to the pub
lie, be donated 10 few private individuals?
Why should the District be deprived OF the
large prospective revenues to be derived
from the control OF the most valuable wharf
ing privileges OF the city of Washington?
Why should the plan OF the founders OF the
Capital TO secure for it an extensive com
mercial front on the Potomac, with public
qUays adequate TO the wants OF all posi- bic
future business, be sacrificed in the interests
OF speculative cupidity? What induce
ment is there to extend 10 one of the best
streets of South Washington the blight and
ruin caused on Maryland and Virginia ave
nues by steam car transportation?
ENORMOUS VALUE OF THE FRANCHISE
The value OF the franchise asked for in the
bill is SO great. as TO defy computation.
Among them are the following:-TO connect
with any or all the railroad lines in Virginia
or Maryland; TO build q bridge across tb Po-
tOD1ac; TO cross the AQueduct or any other
bridge bnilt by the United States across that
river; 10 build tracks without Limitation of
number through what are re-eminently
the commercial parts OF Georgetown and
Washington; TO build them near TO and at
right angles with the entire wharf front OF
Georgetown and the greater part of the Poto-
mac river front of washington, so as to com
mand the monopoly OF the entire commerce
OF the two cities by water; TO occupy the
bottom land between Easoy's point, 18th
street and the Long bridge, so as 10 control
wharf front of great length and incalculable
value; 10 appropriate h street from the POto-
mac to I'd street east; TO run steam cars and
build depots; to take all government prop
Without compensation and to have all private
property condemned TO the use of the corpo-
ration under the doctrine of eminent domain.
You would not, / am sure, recommend Con-
gTesS 10 grant such immense franchises
without some and sufficient reasons there.
for, based upon the public good. No such
reasons are shown.
DAMAGE TO PUBLIC AND PRIVATE IN
TERESTS.
On the contrary. the damage done TO pri-
vate and public interests would be great
The portions Of Georgetown and Washing
ton which now bid fairest to be crowded by
population devoted to business would be
traversed by steam cars, running night and
day, without interruption of the screaming
OF the steam whistle, with constant and I'M
1ntell1gable backings and movements of
locomotives, frightening away local travel,
endangeriDg life and limb, disturbing pub
lie schools, interfering with religious wOr-
ship, making public hospitals impossible in
the vicinity, inJuIing the Sick and making
life burden to the nervous, depreciating
public and private property not only on the
streets but in The quarters through which
they run, destroying their desirability as
neighborhoOds for private residences. II is
safe 10 say that the enactment of this bill
into law would be serious calamity TO
Georgetown and Washington, and an ire
parable one for many years to South Wash
iDgton.