Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-22

The question of the extent of the control Of
the District Commissioners over the public
streets in the matter of granting permits for
side-;racks to the railroads is one of great in
terest and Importance TO the people of the Dis
trict- Capt. SymOns in his report on the snb-
ieet, published on Saturday, boldly grapples
the complicated legal problems involved with
the same unhinching courage that our army is
expected to display in assaulting the enemy,
and that our army engineers reasonably exhibit
IN undertaking TO build bridge or dig tun-
mel. He is of the opinion that the Commission
ers, with the public interests in view. have the
right 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 other streets. The
Commissioners. however. considering the ques-
ton as one of law rather than of engineering
will not be likely to adopt this view of their
powers without careful weighing of the opn-
ions of the law department of the District gov
eminent. OF Congress and, especially. of the
courts. The tone of congressional debate has
indicated hostility to this view: the opinions
Of the legal advisers of the Commissioners have
been unfavOrable to it: and the Supreme
Court of the United States appears to dis
cOuHtenance il. In the case decided bv
the latter court the extension of a side
track across 18th street bv the Baltimore
and Potomac road was opposed by the
Commissioners: but the language used in the
decision seems to indicate that full control of
the streets in this particular is still in Congress.
and il not delegated to the Commissioners or
anybody else. The court say District of Co
lumbia vs.. b. 4 Z. r. Il. Co., III L. S. 1857:
The title to the streets of Washington is in
the United States. and not in the city, or in the
owners of the adjacent lots. II is therefore
eminently proper that the right TO use them
for any other than the ordinary use of streets
should proceed from Congress; and when we
consider the expressed reservation of the
power of Congress to allow this use in
the original grant TO the company. found
IN the third section of that act. and the
detail and precision with which every foot
OF the track or tracks has been prescribed by
Congress. and that every change which expe-
diency required has been previously author
lied by Congress. We can see no place for the
assertion Of any right in the company to make
other tracks or changes in the location of those
now existing without an act giving the consent
Of that body. We are of the opinion
that when this company wishes to depart in
any direction from the line of its present track
as prescribed for it by acts of Congress- it must
obtain permission to do so from that body
II the Commissioners have a control of the
streets which will enable them to grant to the
railroads the use OF additional street-room for
railroad purposes they ought also to have such
control as will enable them to exercise the re-
served powers of Congress in respect to the re-
moyal of tracks, change of grade, and elimina-
ton of surface crossings. and favors to the
railroads and benefits to the public should be
made to go hand in hand. The suggestion of
Capt. SymOns that the public is more inter-
ested in the retention of the alleged illegal
tracks than the railroad is a mere repetition
of the railroad threat that unless it is per-
mitted 10 use the streets of the capital lille
galy and gratuitously. for its freight and stor-
age purposes. it viii distribute the local freight
outside of the city or outside Of the District.
The railroad should buy land for freight and
storage purposes, as it does in other cities and
in seeking permission from Congress to use this
property il should be willing to have coupled
with the privilege requirement that it reduce
for the public good the evils Of its occupation
of the public streets. 1t enjoys gratuitously in
this city rights and privileges which would cost
it millions anywhere else; and it abuses these
privileges, disregards the law, Injuries unduly
the portion OF the city occupied, and threatens
further damage if it is not left undisturbed.
The Commissioners themselves have mildly
stated the condition of things in their report to
the Senate committee, signed by two OF the
present board: in the occupation of space to
which 1t is not entitled-in the crossing of
streets not authorized by law, in the extension
and multiplication of side tracks and switches
and in particular in the unlawful use
and occupation of the public streets as freight
and storage yards to the obstruction of public
travel and the great detriment and annoyance
OF private rights-the road has exhibited that
tendency toward the protection of its own
interests, disregard Of those OF others and the
violation OF public rights which large business
corporations OF this character are sure to dis
play in the absence of watchfulness and need
full restraining influences"
The railroad suffers slightly in respect to
freight and storage facilities by the inaction
OF Congress; but the public suffers far more
from the failure OF that body to consider and
act upon the existing evils Of railroad occupa-
tion- Both sets OF grievances should be re-
dressed at once.
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