Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-20
TRACKS IN THE STREET.
Captain Symons Holds that the Commits
sioners Have Power to Grant Permits.

BY MEssRS- PARKER AND DwYER-HE HOLDS
THAT PUBLIC CONVENIENCE JUsTIFIEs THE
OCCUPATION OF STREETS AND PUBLIC PLACES.
All of the letters of Messrs DIVER and Parker
relative to the alleged illegal tracks and OBJ
structions in South Washington by the Balti-
more and Potomac railroad were referred to
Capt. Symons for report. After much consid-
Grafton of the subject, and careful inspection
OF the tracks, distractions and permits govern
ing same, he to-day submitted lengthy re-
port, embracing the entire subject for the
consideration of the commissioners. Capt.
Symons, in this report, takes up in order each
Of the cases of alleged illegal occupation of
the streets referrrd to by Messrs. Parker and
Dryer, and reports on each, submitting with
his report map showing where the tracks
complained of are located. The report saws in
reference to the various cases:
CROSSING THIRTEES-AND-A-HALF STREET
"No. 1-Switch from main track into square
267. This switch does cross 13I5 street lust
where it joins Maryland avenue. The track
frrthest north is about Is feet north of the
building line of Maryland avenue. / can find
no record of a permit having been issued to the
railroad company for this switch. and it WIS
probably laid when the railroad first reached
the vicinity. Under the strictest Interpretation
of the law as l understand it is interpreted by
the attorney for the District of Columbia. the
Commissioners would have power to grant the
laying of a siding into square 267 from Mary
land avenue. As this would only necessitate
moving the existing side tracks about Is feet to
the south, and would throw a burden of expense
upon the railroad company which would not
result IN the slightest benefit to anybody, and
as the tracks have been there for many years,
L recommend that they be allowed to remain.
ON THIRTEENTH STREET.
'No. 2-These tracks have been ordered to
be removed by the Commissioners Order of
April IL, 1889. CThis refers to the switch lead
ing south from Maryland avenue into squares
Nos. 21O and 300 crosses sidewalk at the south
east corner of 18th and Maryland avenue. and
occupies the bed of 18th street. and crosses L
street east Of 18th and E).
SIXTH STREET AND MARYLAND AVENUE.
''No. 3-The act of Congress of May 81. 1872,
gives authority to the Baltimore and Potomac
railroad to occupy its present passenger depot
and to reach 1t via 9Th street from Virginia ave
nue.. There is nothing in the act which gives
the railroad company authority to run a curved
track from 9th and Maryland avenue southwest
along Maryland avenue to connect with its
other tracks in the public reservation between
9TH and 9Th streets and Virginia and MARYLAND
avenues southwest. Whatever rights it has in
this matter would seem to be derived from its
succeeding to the charters of other railroads.
whether these tracks were laid and exist in
conformity with law IL question for the attor-
ney. From an engineering point of view I
should say that, with the passenger depot and
the main tracks on Maryland avenue and Eir-
glnla avenue in their present locations this
connection along Maryland avenue from 9Th TO
Sth streets is a necessity TO the railroad COM
pany; without it all southern trains would re-
qulre to switch back on the main track between
81 and 9th streets, which would be attended
with great danger, so great in fact that almost
any steps would be justified to prevent it.
THE ADAMS EXPRESS SIDING.
mo. 4-Ihe railroad company is authorized
by law to run its tracks both on 9Th street and
Virginia avenue, and the Commissioners are
authorized to grant a permit to the railroad
company for the existing track. The permit
was in this case issued to Geo. W. Moss, agent
Adams express company, November 8. 1891
mo. 5-Switch from main tracks on Virginia
avenue, and leading into square 493. crosses d
street southwest. [ have previously made a
report on this switch.
No. 6-Permit issued April 90, 1888, to ".
H. MARROW. BY changing the track few feet
to the north square II. 642 can be entered di-
rectly from Virginia avenue without crossing
y street, and without crossing the public res
ervation, and | would recommend that the
change be made upon proper application by
the Baltimore and Potomac railroad COMPANY
CROSSING SOUTH CAPITOL STREET.
mo. Permit issued March 6. 1884. to T. J.
Shyrock, for wholesale lumber yard. The main
lines of the railroad cross portion of this
square of land, which is the private proportv
OF the railroad company. The track com lained
OF leaves the main line on the east side of
South Capitol street. and crosses this street
Just south of the main tracks entering the
square about 140 feet south of the main tracks.
here Is no engineering objection to the track
1t gives facilities for the transaction of bust
ness in the square with the least practicable in
convenience to the public.
No, S-IhlS permit was given to John Miller
by Colonel Ludlow, Engineer Commissioner.
September 90 1886 which was ratified bv order
OF the Commissioners December g. 1856 and
for reasons stated in the order The existence
of the track is no detrment TO the public, and
recommend that the track be allowed to re-
main, unless there are insuperable legal obiec-
tions thereto. This switch gives facilities for
the transaction OF business in the square. to
which the square and the locality are well
suited.
IN SQUARE 1877.
mo 9-Permit granted to Samuel Ross, of
Barber 4 Ross, March T. 1885. Square 1877 abuts
upon highway legally occupied by the rail-
road. The track enters the square about 40
feet north of the southwest corner of the
square. As a track 10 feet south would be I'M
doubleday legal, and as it would result in no
real benefit to anybody to have the track
moved. but would be a heavy expense upon
either the railroad company or Barber & Ross.
recommend that IT be allowed to remain
on CANAL STREET.
'No 10-Permt issued June 81 1885 allow
ing the railroad company to lay side tracks into
S.ese squares. Square 695 abuts on the high
way Canal street,. in which are the main
tracks; square west of COS is separated from Cos
by street known as * street east. which ends
at Canal street Gin which these main tracks are
situated) on the north. There are no engineer
ing objections to these tracks The SQUARES
and the locality are well suited for railroad
freight. and storage purposes. and recon-
mend that the company be allowed to remain
unmolested on the grounds they have acquired
The alleys i'll the squares are for the use of the
owners and occupants of the real property in
the square. As this property is entirely owned
by the railroad company and neither the Dis
trict nor the general public have any use for
the alleys, can see no reason for preventing
the railroad company from making such use of
them as they deem proper. No public or pri-
vate interest is in the slightest degree injured
thereby.
RESERVATION NO. II.
mo. 11-Some of the additional tracks placed
to the north of the main line on Virginia
avenue are located partly upon public reserva-
ton No II.
This is matter for the consideration of the
commissioner of public buildings and grounds.
OTHER sIDINGs.
mo. 12-This is a track leading directly from
Virginia avenue into square AGA. Permit for
the same was issued to Robert Portner, Febru-