Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-07-13

ON. ID. c., SATURDAY,
ILLEGAL RAILROAD TRACKS.
The Baltimore and Potomac Company
Indicted for Maintaining Nuisance.
THE GRAND JURY MEANS BUsINEss-EIaKIKKN
COUNTS on THE NDrcTNENr-rHE DISTRICT
COMMISSIONERS INDICTED FOR "MIscoxDucr
IN OFFICE" IN ALL OWING THE NUISANCE.
The grand Jury to-day found q bin Of indict-
| ment against the Baltimore and Potomac rail-
| road company for maintaining nuisance. The
indictment charges the company, on the oaths
| Of VIM. Tndall, John Stewart, Jos. ". Mat
| tingly, Alex. Il. Mccormick, r. o. Milton,
Alfred H. Chamberlain, Robt Burns, Geo.
Kelly, ]. T. Sloane, B. T. Henry, and
Chas. w. Proctor, with maintaining
anuisance in the shape Of tracks and switches
without authority of law. The indictment is
voluminous document of eighteen counts, and
| after setting forth the terms Of the charter Of
the railroad as to the route, charges the con-
| struction and maintenance since August 1, 1886,
! OF a track in the middle Of 9Th street, 800 feet
more or less Commencing 1,650 feet south
OF b street north); in crossing and obstruct-
ing ID street; running into square 493; in running
into square 464, obstructing 9Th street and Vir-
| ginia avenue; in running into square 800; OBJ
structing l315 street; running into square 696,
| and obstructing Half street; running into
square 695; obstructing the space formed by
ming into square W. of 695; obstructing Half
| street and obstructing Canal street.
The grand jury also returned massive in
dictment Of twenty-three counts charging John
w. Douglass, Charles w. Raymond and Lemon
| Ct. Hine, Commissioners of the District of Co
lumbia, with misconduct in Office" in permit
| ting the Baltimore and Potomac railroad COM
pany to maintain nuisances by the unlawful OBJ
| struction Of streets named in the preceding
| indictment. The same witnesses names are in
dorsed on each of the indictments
THE INDICTMENTS AGAINST THE RAILROAD CON-
PANY.
There are two sets of counts against the rail
| road One set states the existence of certain
common andpublic street and highwayin the city
said commonly called and well known and des-
| ignated on the ground plan Of said city by the
name Of -, for all good citizens of the United
| States to go, return, pass and re-pass over and
along, on foot, on horseback and in their car
riages, at their free will and pleas
Potomac railroad company. a body cor
| porate as aforesaid, on the day of
| -, in the year of our Lord 18-, and on divers
other days and times between that day and the
day Of the taking Of this inquisition with force
| and arms, at the county and District aforesaid,
unlawfully, wrongfully, and injuriously did
| obstruct, block up, and cucumber said COM
| mon public street and highway at certain parts
with divers railroad cars and locomotive en-
gines and unlawfully, wrongfully and injuri-
ously did suffer and permit the same to remain
| in and upon said public street and highway at
the point above stated, great and unreasonable
lengths of time, on the days and times afore-
said, whereby and by reason the
premises trani a,a the hir, said common and public
greatly obstructed and blocked up, insomuch
that all the good citizens of the United States
and all other persons lawfully using the same.
were greatly opstructed and hndered in going
returning, passing and repassing over and
along the same on foot, on horseback and in
| their carriages on the days and times aforesaid
| and were then and there hindered and pre-
vented from using and enjoying the same as
fully and freely as they were wont to do and
as they had right to do, to the great damage
| and common nuisance OF all the good people of
| the United States and all others using said
common public street and highway to the evil
| example Of all others in like case offending,
| contrary to the form Of the statute in such
case made and provided, and against the peace
and government of the said United States.
| The other set charges that on certain day
the said Baltimore and Potomac railroad COM
pany ''unlawfully, wrongfully and injuriously
did contruct and from said - day of -
in the year last aforesaid, continually, to the
day of the taking of this inquisition unlawfulIy
wrongfully, and injuriously hath maintained
and still unlawfully, wrongfully, and injuriously
doth maintain certain railroad track con-
nected with the main track of the herein
aforementioned lateral branch of said
Baltimore and Potomac railroad, at -
whereby and by reason Of the premises the
said hereinbefore mentioned common and pub
lie street and highway greatly INSTRUCTED and
blocked up, insomuch that all the good citizens
OF the United States, and all other persons law
fully using the same, are greatly obstructed
and hindered in going, returning, passing and
| repassing over and along said hereinbefore-
mentioned common and public street and
highway on foot, On horseback, and in
their carriages. and are thereby prevented
from enjoying said hereinbefore- mentioned
common and public street and highway in as
full and ample q manner as they were accus-
toned to do, and of right still ought to do, to
the great damage and common nuisance of all
the good people of the United States and all
others using said hereinbefore mentioned COM
mon and public street and highway, to the evil
| example of all others in like case offending
contrary to the form of the statute in such case
made and provided, and against the peace and
government of the said United Sta.ts.'
THE INDICTMENT AGAINST THE DISTRICT CoMMIs-
sIoNERs
The counts OF the Indictment against the
Commissioners is in the following form:
1.-THE grand jurors of the United States of
America, in and for the county and District
aforesaid, upon their oath present:
THAT from the 2lst day of May, in the year
Of our Lord, 1889, continually until the day of
the taking of this inquisition at the county and
District aforesaid, one John W. Douglass. one
Charles W. Raymond and one Lemon G. Hine,
were and still are the Commissioners of
the District of Columbia duly ap-
| pointed, commissioned and sworn as such
in accordance with law; that such Commits
sioners aforesaid the said John w. Doug
lass, Charles W. Raymond and Lemon G.. Hine
during all the said time were and still are by
law charged with the duty of keeping all the
| public streets and highways of the City of
| Washington in the District aforesaid free and
clear of all unlawful distractions of whatsoever
kind, character or description.
.And the grand jurors aforesaid, upon their
oath aforesaid, do further present that the
said John W. Douglass Charles W. Raymond
and Lemon G. Hine, Commissioners as afore-
said, on May Il, in the year aforesaid, and
thence continually to the time of the taking
of this inquisition, a: the county and District
aforesaid, not regarding their duty in the
| premises, unlawfuly, wrongfully and injuri-
ously did suffer and permit and still do unlaw-