The Baltimore County union., 1882-04-22

tsse Mr. shiplsys testimony, Nos. /, 2, =, abOut
page a.
Mr. swan testified As follows:
See testimony No. 4, about page 4o.l
when EdmonasOn avenue was originally con-
tempiated. and the profile Of the country and the
grade established, bridge orsr fhe Potomac Road
as iHfeHded. and the cost o. IL included In the
sessment. With that expectation We accepted our
assessments, and would not have consented 10 con-
tribute dollar or advocate the construction Of o
road which contemplated crossing the railroad ct
grade. IL was not until i understood that the
grade Of Edmondson avenue within the city was
30 established as to prevent the connecting Of Ed
mondson avenue Herewith that became diiatory
in paying my a''e'sment and positively refused 10
pay more"
Mr.. cArman, upon the par. Of the Examiners,
asked Mr. Charles q. Kefr-"Mr. Kerr That Act
(issol says for the completion Of Rdmandson
avenue as originally contemplated Do you re-
eognire tho Act as originally contemplated provi-
ded for bridge over the Potomac Railroadf An
swer-"I believe that II was the original design,
although nothing to that effect was In the original
Act as far ~ knew"
Ma. WILLIAM y. PRICK.
See testimony No. 9. commencing at page e3.l
Mr.. carman on behalf ef the Examinors, asked I:
@Ny. Erick. ere yan Interested n the Edru...l I
Avedue impfovemen.f~ Mr. friek-~f am, kf.s,
Mr.. Carman-"You have paid . eonsidsrabis
amount towards it, say over s., 100, have you ?"
not know. but I believe I have paid nearly my
entire asse'sment." Mr.. carman-"Do yeu re-
cognEe the question Of grade 20 the crossing Of
the Baltimore and Potomac Railroad by bridge,
one Of importance In connection with the con.
struction of Edmondson avenue ?" Mr.. Friek-"T
certainly regard II as Of Importance, and never
understood that the avenue was 90 be constructed
in any other manner. ! was very actively engaged
In connection with this improvement for some
years after its commencement, and l believe that
the profile Of the avenue arranged for that
grade; and Iknow, because was connected with
the negotiation. that arrangements were at one
time made with the Baltimore ana Potomac road
TO erect at is cost the supporting walls Of the bridge
ACROSS that road 30 that the Commissioners csti-
mated for the superstruc,ure only" Mr.. carman
-"Mr. Frick. have you examined the Act Of 1850,
chap. 4i3l" Mr.. frick-"f am not rery familiar
with u. have ceased for the last year or two 20
be actively interested or concerned in the matter
OF Edmondson avenue" Mr.. carman--"Does the
Act In your opinion contemplate the completion of
the avenue m entirety or by pieces ;" Objected
60 By Mr.. Glenn. and ruled out as not relevant, Il
being merely an opinion. Mr.. farber-"Do you
think that the avenue could be constructed to
within n few hundred feet Of that point where Il
intersects the Potomac Railroad ~ Mr.. Frick.--
If the meaning Of the question be in reference 20
the grades Of the avenue IL could think, be con-
structed up 10 point not far from the Potomac
road, On grade which might thence forward pass
either the railroad at grade with H. but that
would not be in my opinion n completion Of the
work, which certainly contemplated its being con-
strue,ed upon some established grade up to the city
limits. II was - laid out and condemned up 20
that point" Mr.. FaTber-"Do you think that the
avenue should have been constructed as far as
possible. and TO she city limits without reference
90 the grade at the railroad crossing and that then
the eity would have TO meet Il ," Mr. Friek.-'In
my opinion. Hdmondson avenue ought properly
20 be constructed 20 the terminus at the city limits
on the grade fixed by the profles, and for which
the estimate Of its cost made that s BY cross.
ing the Potomac Railroad above grade. do not
think. unless matters have changed since vas
acquainted with them, that II eau lawfully be con-
strueied in any other manner. When the Com
missioners have done their duty the city In my
opinion. as = matter Of necessity, be compelled 10
make Edmondson Avenue in the city meet that
grade" Mr.. Carman-"would the Examiners
under their bonds be justifable in expending as
sessments n collected from time 10 time on pot
tions Of the work. and run the risk Of not being
able 60 collect the remaining assessments 90 con-
plete the balance Of the work ss contemplated by
law" Objected TO and ruled out as not relevant.
Nofe.-It will be observed that the Examiners
were denied the privilege Of examining Mr..
Frick. who was not only largely interested 81
the Edmondson avenue impro vement. but y lawyer
Of ability and eminenee, as TO his opinion Of the
provisions Of the Act Of 1850, chap. li3; but Mr..
Glenn and the chairman Of the committee made
him an expert upon the subjest of ngineering, all
Of which Mr. friek evidently appreciated. and the
result l. before you.
II will be remeu bered that the interes, Of Mcssr.
swan. Kerr and Frick are Immediately upon the
line of the avenue. and the only witness examined
particularly as 60 the original contemplation Of
bridge over the Potomac Railroad who did not re-
collect all Of the facts, and not clear upon the
subject. was Mr. Baker, Of the petitioners. who
don't live Immediately on the line Of the avenue,
and who testified as follows:
Mr.. Carnan. on the part Of the Examiners,
asked: "Mr Baker. do you recognize the fact of
the crossing of the Potomac Railroad by n bridge
or a; grade as n matter ofSmportance ?" Mr..
Baker-"ies; but IL is not a matter Of great i'm &.
portanee. as we have other routes by which We can
enter the city. II Is not Of such Gportance that
the completion Of the avenue to that point need
have been delayed"
A division Of the answer will show two thags
"A fact and an opinion. With this testimony
upon the subject cf its being Originally eontem
plated to cross the Potomac Railroad by bridge.
how could the committee come 20 the conclusions
which they have upon the subjectl
Your petitioners now present the testimony Of
Mcssrs. John Swan, A. 5. Abel aud Edward c.
johnson upon the subject Of grades and the course
which they would have pursued u the Examiners
should have adopted coercise measures and pro.
aud the testimony Of Mr.. Walter 4. Wilkinson aud
Mr.. James A. Wilson upon the subject Of grades
and other matters In connection with the couple
ton of the avenue. An examination is asked ;
the witnesses will speak for themselves.
Mn. JOHN SWAN.
Benefits assessed apart from the amount allow
ed for 81 acres Of valuable land taken for the
bed Of the avenue. S7.i26.35; Paid and credited on
account OF previous assessment, .9S7 OO Balance
due. s2.i39.35. tTestimony No. I about page SO. ]
Mr.. Carmaa. on behalf Of the Examiners, asked
Mr.. Swan: "Messrs. John Glenn and others used
the following language; Your petitioners further
show. that under the Act Of lssO the further sum
Of Sii 900 was collected, but not one step taken
towards the completion of the avenue; from year
20 year u has remained In the sane useless eondi.
tion. without the slightest progress In the work
required and without any effort on the part of the
said Examiners TO bring the said work 10 an end ;
90 that monies laid out by the county and the
monies heretofore collected frc,. the property eva
ers and expended have literally been without any
fruit except 10 render the grievance under which
the assessed aud the county suffer more burthen-
some, as there is no power given by the Act 10
compel the Examiners 20 do their duty, and that
upon application 20 the said Examiners for the
reason of the delay the most frivolous and groan.
less excuses are given, and the same unreliable
promises repeated. Now, Mr.. Swan, the Exami-
iners have answered and shown that . considera-
bic and important portion Of the work for the
pietion Of Edmondson avenue has already been
done - provided for BY the Act Of 1859, Chapter
f43, and have submitted that 10 the matter Of col
ections that every thing had been done a. required
BY said Act. except 70 sell property upon which
assessments are due, ~ provided for By Sec. Of
the same. Nov Nc ask you as to that part Of the
allegation. and without any effort upon the part
Of said Examiners 10 bring said work TO an end,
have you been solicited and requested 10 pay the
balance Of your assessment o." Mr.. Swan-"Re
peatedly." Mr.. Carman-"Tn what manner have
you been requestedl" Mr.. swan-"verbaily, and
By letter and BY notice. that the assessment vas
due and payable" Mr.. Carman-"Did you 70.
eeive letter addressed 10 you at Oakland about
the 26th Of Jay. 1881, from me, for the Examnsrs,
In which the situation aud status of matters con-
nected With the Edmondson Avenue Improvement
was fully discussed, and urging that something
must be done 10 the matter. and asking you what