National Republican., 1883-09-05
THE RAILROAD NUISANCE.
An Agreement Which Will Relieve Maryland
and Virginia Avenues.
Canal street TO Bo Made shining Yard
Instead OF Those ThorouEhfares.


day, Gen. West and Maj. Lydecker being
present, a lengthy consultation was held with
Mr. Charles L. Pugh, of the Baltimore and
Potomac Railway company, in regard to
measures for the relief of Maryland and Vir-
ginia avenues southwest The engineer COM
missioner submitted plans for relief and af-
tee u protracted discussion the following
agreement was grated, and a copy mailed to
the railway company:
This indenturo made this third day of Sep
tember, 1888, by and between this District Of
Columbia, a municipal corporation, duly
created and existing under and by virtue Of
the laws of the United States, Of the first
part, and the Baltimore and Potomac railway
company, corporation duly created and
existing under and by virtue of the laws of
the United States and of the state Of Mary
land represented by Charles i. Pugh general
manager, of the second part. uUH
Witnesseth First, for the consideration,
hereinafter stated, the party of the first part
covenants and agrees to give to the
party of the second part permission
to lay and put down side tracks
not exceeding eight in number on that por-
tion or part Of the street known and called
Canal street, in the city Of Washington, ID.
c., between the east building line of South
Capital streets and the west building limo of
Second street east, in addition to tho four
main tracks already laid and existing on the
aforesaid Canal street between the limits
heretofore named the new side tracks TO be
on the north side of the existing main tracks,
as shown on the plan hereto attached and
made part of this instrument; this permis
sion to be temporary in its character, and to
| be submitted to congress for its approval at
| the next session.
Second. The party Of the second part GOV.
enants and agrees to pave roadway across
| its track with the best quality of grahite
blocks, and lumber fifty feet wide, and ex-
| tending from the belgian pavement on New
Jersey avenue, on the north, to the macadam
pavement on the same avenue, on the south
of the tracks; to pave sidewalk with bricks
| or lumber ten feet wide, on each side of the
roadway, for the same distance, and to keep
| the same in good repair SO long as its tracks
| remain in that location. ,...
Third. The party of the second part COW
| enants and agrees to erect and maintain suit
able gates for closing travel on the north and
south sides of its tracks at New Jersey avenue
and at South Capitol street, second street east,
| and any other important public thoroughfare
or crossing. The tracks to be constructed
under this grant If required by the party of
the first part, and not to permit cars to stand
SO as to unrcasonably impede travel on said
streets OF avenues. All of this work to be
done to the salts sfaction of the party of the
first part
Fourth. For the privileges thus granted by
the party of the first part unto the party of
the second part, the party of the second part
covenants and agrees to pay to the party of
the first part, during the continuance of
this grant, the sum Of $500 lawful money
per annum, payable semi-annually in ad-
vance, the first payment to be made or the
day of making this indenture; the payments
are to be made to the collector of taxes of the
| District of Columbia, and the money shall
be held in trust by him until he is directed
to dispose of it by the party of the first part
it being mutually understood and agreed that
il congress shall not at its next ensuing ses-
sion, being the first session of the forty eighth
congress, disapprove or modify this agreement,
the money so held is to be covered into
the United States treasury and credited
as miscellaneous receipts to the District Of
Columbia; but if this agreement shall be dis
approved and set aside by congress ut its
next ensuing session Aforesaid, the party OF
the second part covenants and agrees to re;
move the tracks herein provided for and
restore the grounds to their present condi-
tion to the satisfaction of the party of the
first part, whereupon the money already paid
and held in trust shall be returned to the
said party of the second part provided that
If the said removal and restoration shall not
have been effected within ninety days after
notification of the disapproval Of this agree-
, ment by congress the money aforesaid shall
! be forfeited to the District Of Columbia and
deposited to Its credit as miscellaneous receipts
, in the treasury of the United States.
Fifth. The party of the second part may
give up and relinquish this privilege any
time, aud payment for the anne will cease
from the time the tracks herein provided for
, are removed and the street restored to its
! : present condition, the party of the first part
shall have the right to terminate this agree.
ment and require the removal of the said
tracks and restoration of the streets on six
, months notice to the party of the second part
Sixth. 1t is further covenanted and agreed
that If the party of the second part shall, nj
:. any time, fail or refuse to remove its tracks
and restore the grounds as provided and re-
d quired by the fourth and fifth sections OF this
agreement or do any other work be-
fore provided, the party of the first part shal
: proceed to do any and all such work, and L
. the party of the second part shall fail or re
. = fuse to pay the sum of money, or any par
u of 1t, due from the said party of the
second part to the party of the first part, a
herein stipulated to be paid in the fourth sec
tion of this agreement, upon demand beinl
: duly made, the party of the frat part is hereb!
empowered and authorized to issue certiii
Gates of indebtedness against the property
real and personal, of the party of the secon'
!, part, which certificate shall bear interest
= = the rate of 10 per cent. per annum until paid
" and which, until they are paid, shall remain
,, and be lien upon the property on or agains
which they are issued, as aforesaid; and
4 said certificates are not paid within one year
the party of the first part may proceed to sci
tne property on OF hBalnsb WHICH thoy az
issued or so much thereof as may be neces
}, sary to pay the amount and all costs arising
!, out of SALE such sale, however, to be first dul
advertised daily for one week in some news
j. paper in the District of Columbia, and O
/, public auction to the highest bidder.
In witness whereof the said party of tn
i first part has caused this instrument to b
/, signed by James B. Edmunds, Joseph j
West, Garrett J. Lydecker, commissioners {
u the District of Columbia, appointed under tn
act entitled IAN act providing permanel
:, form of government for the District of Colun
bia," approved June IL, 1873 and its seal
b, be hereto affixed, and the party Of the secon
part of these presents has caused the same
j. be signed by Charles Il. Pugh, general maj
ic ager, and its common seal to be hereto alike
s. The day and year first above mentione
70 signed and sealed in the presence of Villa
Tindall, as to the commissioners of the Di
trict of Columbia. j. II. WEST,
G. II. LYDECKER,
ss Commissioners District of Columbia.
IL The Baltimore and Potomac Railroad Con
es pany by Charles +. Pugh and John Grove. L
n. JOHN s. RUTH, for the Company.