Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-22
THE LAW AS TO THE TRACKS.
Mcssrs. Parker and Dwyer Quote the
Commissioners Against Capt. Symons.

Messrs. Parker and Dwyer were on hand al
the District buildings this morning bright and
early. They had an answer to Capt. Symons'
report (printed in Saturdays starr, which
they submitted to the Commissioners. They
say:
referring to the report of Capt. Symons on
our various letters of complaints as to illegal
tracks in South Washington, we wish to call
your serious attention, as well as that of the
public, to the fact that we have asked nothing
but what is just and legal, and bear out our
statements by the following quotations from
your report to Congress, dated November Is,
1887. Said report is signed by Messrs. Webb.
Wheatley, and Ludlow. On page 81 you say:
80 In the case OF the steam railways the oc-
cupancy OF numerous streets and a multiplied
ton OF grade crossings, alike dangerous to life
and limb, destructive of public property inter-
ests OF great value, inimical to private rights,
and opposed to public policy as in conflict with
the rights and necessities of a modern commu-
nifty they have in some respects put them
selves i'll direct antagonism thereto by an I'M
lawful expansion of their holdings and the oc-
cupancy OF public space far beyond their char
ter rights and privileges In speaking of the
Baltimore and Ohio railroad you say, and your
remarks are applicable to the Baltimore and
Potomac railroad company. that people will
put themselves to much trouble, inconvenience.
and expense to avoid peril to themselves and
their families of crossing steam railway track
in leaving or reaching their homes Again
you say, this brief statement of the facts in
the case make an exhibit of local conditions
which would not be tolerated in any portion of
a modern community
In speaking of the Baltimore and Potomac
railroad company-page 59-you say: 1T does
not follow, however, that. because the services
of great private corporation are necessary,
due regulation of that service and the restric-
tions of privileges to such are needful thereto
and in conformity with the public requirements
should be omitted. = But the occupation
of public space to which it is not entitled. in
the crossings of streets not authorized by law
in the expansion and multiplication of side
tracks and switches and in particular in the
unlawful use and occupation of 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 ex-
hibited that tendency toward the protection of
its own interests &c. May we be allowed to
ask why are the Commissioners. you. appointed
and paid salary II not to exert your authority
and refrain these violations of law, which YOU
state in writing is a fact.
I'VE also quote from the decision OF the
United States Supreme Court. delivered by Mr.
Justice Miller April 20, 1885. an opinion which
we and all thinking men will hold, is of more
weight and consequence than the opinion of
Capt. Symons, who may be well versed in engi-
neering, but cannot be expected to be as learned
in law as such body of men as compose the
United States Supreme Court. This opinion is
included in the report of the Commissioners
above referred to. On page 109 the court saws:
1t is a somewhat novel idea to say that the
railroad company can use the streets as the
company likes or their business demands. 1t
also calls attention to the fact that Congress
has been very careful in directly, specifically
and minutely saying how the tracks shall be
laid and upon what streets. Page 1l2 it saws,
sec 673: No railroad shall be built under the
provisions OF this charter until the route and
te71aini of such road have been approved by
Congress.
Capt. Symons makes the remarkable state
ment that BY virtue of certain acts the con-
troll of streets was vested in the board of public
works and that the same power passed to the
present COMMISSIONER Let us refer to page
II of the same Commissioners report and see
what MIR. A. G. Riddle, the attorney for the
District of Columbia, says, in speaking of
steam railroads: Congress created a board of
public works, to which it gave entire control of
the streets, for the purpose of keeping them
in repair and for no other purpose: that the
purpose of repairing limits and controls the
grant, new servitude on a street is not re-
pair. The board has no power to impose one,
and as it could not do itself it could not per-
init another; again, The power to authorize
the use of street by railroad was not con-
ferred on the board of public works nor their
successors save in a special instance
1T is now simply question-will you re-
spect the decision of the Supreme Court, your
district attorneys opinion your own report, or
will you take in preference the opinion of one
who is not appointed to decide and interpret
law for the District of Columbia. His argu-
ment is to us very poor, unsupported by law,
and one which might be suitable for railroad
lawyer who, failing to make a case, is crying
Tor mercy to save expense to his client, not by
lawful means, but by the power OF might"