Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-06-28


For many years the officials representing DIFF
ferent branches of the authority of the United
States. the interests concerned in the retention
of illegal railroad tracks, and the people of
Washington have been engaged in the enter
tanning ehildren's game of ''Thimbie, thimbIe;
who's got the thimble?'' The object of search
has been the person or persons upon whom re-
sponsibility for the existence of these illegal
tracks and the duty of removing them properly
falls. The people of Washington have been
the seekers in the game, and the
thimble of responsibility has been so dex-
terously shifted from one to another in success
sion of the other players that the search has
been heretofore ridieulously unsuccessful.
But at last the thimble is in sight In the time
of the United States attorney for the District
and the board of Commissioners Immediately
preceding the incumbents, certain correspond
enee was had concerning the railroad encroach-
ments- The United States attorney inquired
OF the Commissioners whether they had
granted permits for the laying of railroad
tracks across certain public reservations, and,
il so, their reasons for the action. The Com
missioners replied that they had issued
the permits, suggested the absence of an
authoritative understanding as to what are the
public spaces under the control of the Com
missiOners and what are the reservations under
the exclusive jurisdiction Of the federal gov
eminent, and asked that the subject be consid-
cred by the law department Of the federal gov
eminent. This letter referred to the At
torney- General, and that officer now notifies
the U. S. attorney that in his opinion the mat
ter calls for no further action on the part OF
the Department Of Justice, and directs
him to take legal measures TO cause the
removal of the several tracks referred
to and all others in the city having
no legal warrant for their existence.
The Z. S. attorney consequently informs the
present Commissioners that under the statutes
and the rulings of the Supreme Court of the
United States all the tracks, including side
tracks. laid without express authority of Con-
gress are illegal; that it is immaterial whether
the ground occupied by them ID an ''open
space" or "a public reservation that the
Commissioners are directly responsible for
such tracks as are laid in pursuance of permits
from them or their predecessors, and also for
the presence of such tracks even without their
permission On the streets and avenues, which, by
the law, are under their control. He notifies the
Commissioners that he is about to abate the
them the opportunity of relieving themselves
Of the burden of responsibility in the matter
bequeathed to them by their predecessors 1t
appears at last that there is somebody among
the representatives of the United States, the
municipal government and the law who has the
power to check railroad encroaehments as well
as to grant privileges to these corporations. 1t
is now adraitted that the Supreme Court of the
United States meant what it said when it de-
clared that no railroad could lawfully lay foot
Of track on the streets Of Washington, the prop
erty of the United States, without the express
authority of Congress. 1t now appears that
the railroad in laying these tracks was a law
breaker. and that its responsibility rs a law
breaker is shared by all, including permit
granting Commissioners, who have aided and
abetted the unlawful acts. 1t appears, too,
that these violations Of law should long ago
have been checked and the offenders punished
by the officials appointed in behalf Of the
United States and the municipal government to
see that the laws are obeyed, and to bring
offenders against tksm to trial and punishment
There are some privileges that the railroads
nov enjoy, without authority of law, which
may be authorized by Congress at its
next session without damage to the
public interest, but in granting these privileges
Congress. the local legislature of the District,
ought to exact from the railroads some COM
pensation to the public in return in the shape
Of relief from surface tracks and grade cross
ings, and the dishguring occupation Of the
mall The railroads and the people should
both make CONCESSIONS The latter, recogniz-
ing the Valuable services rendered to the COM
munity by these public servants when they
confne themselves to the performance
OF their proper duties, and the strength
with legislatures of these corporations
when they aspire to be the masters
rather than the servants of the public,
will readily yield anything in reason that may
be asked, if only the railroads may be held to
strict observance of Law in regard to speed of
Trains within the city and the guarding of street
crossings. and If, in granting TO the railroads
much in the privilege Of occupying public prop
erty, Little Of public benefit may be secured in
abolishing surface tracks, in saving the public
park, and in reducing the dangerous and ugly
features Of railroad occupation to q minimum
II. l.. III