Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-20

| the Commissioners are derelict in their duty in
not ordering their removal at once. After
careful consideration of the matter / am of the
opinion that the Commissioners have the power
and authority to grant the permits which have
been issued TO the railroad company and TO
private individuals, and for the following rea-
sons: By virtue of acts of the legislative assem-
bly, the control of the streets of Washington
was vested in the old board of public works;
this power and control has passed TO the pres
ent board of Commissioners by laws Of Con-
gress.
Congress has granted to the Baltimore and
Potomac railroad authority TO lay its tracks
through certain streets. and to transact a gen.
eral railroad business in the city of Washing
ton In the transaction of this business il is
necessary to the railroad company and TO the
pubic supplied with the necessaries of life
through their agency that the company and
business need occupy certain lands adjacent to
! and near the streets which are occupied by the
main tracks, for the storage of ears. loading
and unloading of freight. round-houses, &c. II
seems to me that it is only natural inference,
based on fairness and equity and the examples
OF other cities. that they should have the right
to reach these lands, if the authorities having
control of the streets are satisfied that in so
doing they are not interfering in an unwar-
ranted degree with the
PUBLIC AND PRIVATE RIGHTS.
Il believe that wheney yer the Commissioners
are convinced that the public interests require
it, and that these interests outweigh any incon-
venience or damage that would be caused
thereby, that they have the right and it is
their duty, to permit the laying of side tracks
INTO property lying along and in the vicinity OF
the tracks specially authorized by Congress,
even to the extent of crossing certain streets,
as Is done in several of the cases mentioned
believe 1t IL perfectly right and proper for
the Commissioners TO grant these permits even
to private individuals. Just the same that il is
right and proper for them TO grant permits for
private driveways across sidewalks.
The above opinion is expressed with full
knowledge OF the law contained in section DID,
chapter g. of the Revised Statutes. which saws:
mo space, public reservation, or other pub
lie ground in the city of Washington, nor any
portion of the public streets or avenues in said
city shall be occupied by any private person or
Tor any private purpose whatever
The Interpretation of this law depends upon
the meaning of the word occupied" The
intention of the law l conceive to be to pro-
hlblt the erection or emplacement of per-
manent or temporary nature in the streets
which shall incommode. annoy or damage the
public or private individuals. The intention
Is not 10 prohibit the of the streets or por-
tons thereof IN reasonable manner for the
comfort and convenience of citizens and the
transaction of business.
STRICT INTERPRETATION.
''The strict and literal Interpretation of the
law would not allow private driveway across
side walk to stable, hitching post in the
street carriage block, awning stretched over
the sidewalks. or an unused vehicle to stand
upon the streets. All laws are to be inter-
preted in reasonable manner and it appears
to me reasonable that all the things above enum-
Grated can be allowed without violation of law.
and upon the same reasoning and principles [
believe that sidings from the main tracks of
the Baltimore and Potomac railroad into prop
erty in the vicinity thereof can be properly
allowed by the Commissioners not only to the
railroad company, but TO private individuals
under such restrictions and regulations as not
TO lncommode others to an unreasonable
degree. The great mass Of the citizens of the
District are directly concerned in the
retention of these sidings and those
from the Baltimore and Ohio road
and their interest should not be lost
sight of in considering this matter. If these
sldlngs were to be remoyed.all the freight BUSH
ness of the city would have to be conducted
outside the city, perhaps outside the District.
and the consequences would be that all the
coal, wood. lumber, feed. merchandise &C. now
delivered by the railroad company in the heart
of the city would have TO be hauled by wagons
for long distances at greatly increased cost TO
consumers. The retention of these tracks is of
tar greater Importance to the citizens of the
District than to the railroad cOmpanym