Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-23

LEGAL OCCUPANCY OF STREETS AND PARKS By
THE 3. AND P. RAILROAD coxpASY AND CALL
ron SPEEDY RELIEF.
The Commissioners to-day received the fol-
lowing letter from Messrs c. II. Parker and
Philip n. Dwyer. relative 10 the illegal tracks
in South Washington:
WASHINGTON, D. O., March %, 1889.
Hon. Commissioners District Of Columbia:
GENTLEMEN: Having been informed by
Major Raymond that we need not trouble our
selves with making afadavits, but simply call
attention to the condition of the tracks of the
Baltimore and Potomac railroad company we
submit the following:
No. l. Switch from main track on MARYLAND
avenue, leading into square 267, crosses 1875
street.
No. q Switch leading south from Maryland
avenue into squares Nos. 270 and 800 crosses
the sidewalk at the southeast corner of 18th
street and Maryland avenue, occupies the bed
OF 18th street, and crosses street east of 18th,
and 18th, and E street west of 18th.
No. 3. Curved track from main track on 9th
street crosses sidewalk Maryland avenue and
9Th street, occupies the bed of Maryland ave.
nue., from 9Th to 18th streets, and trespasses on
the public reservation c and 7th streets.
No. 4. Switch from Virginia avenue track,
street and sidewalk
No. s. Switch from main tracks on Virginia
avenue and leading into square 493, crosses d
street southwest.
No. 6. Switch from main line, Virginia ave-
nue., leading into square No. 642. crosses 4
street west, and trespasses on public reserva-
ton. No. z. Switch leading into square No. E.
642, crosses South Capitol street. No. s. Switch
into square No. 697, crosses street southeast.
NO. y. switch into square 737 crosses New
Jersey avenue and also a short street which
forms the west boundary of square 737.
No. 10. A large number of tracks branching
from main line on Virginia avenue cross New
Jersey avenue, LIST and streets southeast
these tracks also cross public alleys in squares
695 and w Cos.
In conversation with Mr.. wheatley, to-day,
he mentioned the fact that in the case of l4th
street crossing, the q. S. Supreme Court had
decided that the Baltimore and Potomac Rail.
road Co. only had the right to place tracks on
the streets mentioned in their charter, and
had not the right to cross any other streets
such being the case, we hardly think you
can decline to order the removal of
cross other streets than mentioned in
their charter cannot be denied, consequently
they must follow in the wake of Ii street south
east track. Every day that they remain, law
of the United States is being violated, and with
the authorities perfectly aware of the fact.
to the north of the main tracks on Virginia
avenue are located partly upon public reserva-
ton No. II.
No. II. Switch into Portner brewing company,
on Virginia avenue, south side.
No. Is. Switch into Palmer's bottling COM
pany, on virginia avenue, south side.
No. IA. Switch into Berger & Engel Com
pany, on Virginia avenue, south side.
No. Is. Switch into Washington flour and
feed company, on Virginia avenue, south side.
The latter switch was issued in the name of
John Miller. No. 16 switch into square =, st.
Louis Brewing company, Virginia avenue,
north side.
Our conversation with Major Raymond to-
day was exceedingly agreeable and en-
couraging, and we hear nothing but praise
for him for having determined to vote
for removal of all illegal tracks and
his endorsement and recommendation for the
removed of track, on 18th street shows that we
have Commissioner who can be relied on to
secure proper respect for the United States
government, and the just claims of tax payers
of South Washington.
We find it once more necessary to call your
attention to the fact that decision be reached
as soon as possible. We acknowledge
no reason for delay-lack of time can
not be an excuse, for the public
well know that delegations called last summer,
and at the request OF the present Commission
ers written statements were submitted.
In view of the character of the persons rep
resented by this petition it was but natural to
look for proper consideration which as yet has
not been given.
You have on file in your Office copies of per-
mits, maps showing tracks. You have the de-
cision of the United States Court, and at last a
few affidavits from reputable men, we hope.
With all OF this data in your possession we
think your honorable board will be readily
converted to our cause and act accordingly
One of your honorable board, in an inter-
view to-day, intimated that he wanted to,
but would not be permitted to, dictate how
he should act; he is laboring under a
slight error; We have expressed no desire
to run the District or the Commissioners, but
we know our rights in the premises end will
have them at any price, and relief from the
railroad matter is one.
From our visit to the Commissioners to-day
we infer that they consider the switch belong
ing to the Bergner d Engel brewing COM
pany illegal. What Congress passed a
law giving the brewing company the right
to use public streets-to place their tracks in
front of a house owned by another? 1t will be
q difficult task to find the law.
Should the authorities conclude that
they will allow a foreign company per-
mission to violate law-maintain a nuisance
to the injury of another. let the proper
bondsmen prepare to defend a suit for
damages by reason of Noncompliance with
District laws by District officers.
Very respectfully,
CHAs. II. PARKER,