Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-26

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side-tracks, &C., of the Baltimore and Potomac
railroad company in South Washington, and
upon which Capt. Symons some days since re-
ported, was handed in to the Commissioners
to-day, with memorandum containing the
views of the engineer Commissioner relating to
to the subject-matter.
REVIEW OF THE VARIOUS PERMITS
That officer states that the tracks leading into
squares 300 and 270, being the johnson and
Willis switches, were ordered removed on the
11th of April. Referring to the permit granted
to Barber x Ross for siding on reservation No
II. he states that the Commissioners have no
authority over public reservations.
In relation to the occupancy of Maryland ave-
nue., from 9th street westward to the junction
of Maryland and Virginia avenues southwest.
and OF the siding leading into square 695. he
suggests that this case be referred to the attor-
ney of the District for opinion as to the legality
of the tracks in question.
Referring to the switch of the Adams express
company, on Virginia avenue and 9Th street;
the Portner siding, the Palmer siding, the
Bergner Engel siding, the siding leading into
the Washington flour and feed companv's s
property, and the siding of the St. Louis
brewing company; the engineer officer states
that IN accordance with the opinion of the at
torney these tracks are supposed to be legal
except that the permits are issued to private
parties, as has been done here in nearly
all cases.
In the case Of Bergner & Engel the permit
was revoked. and new permit issued to the
railroad company to maintain the switch.
This action was based upon the advice of the
attorney, and should be followed in all the
cases herein mentioned.
The enineer officer also says that according
to the opinion of the attorney the siding of the
railroad company leading into square 267
situated at l4th street and Maryland avenue
and the siding leading into square 493, their
new freight depot, located at 9th street
and Virginia avenue; the NARROW
siding leading into square north of square 642
and the Barber Il Ross siding, leading into
square 737, are believed to be Illegal
but could be made legal by slight change
OF location and by the issung of proper
permits therefor to the railroad company
The siding leading into T. j. Shyrock's lum-
Der yard and also the siding leading into John
Millers coal yard, square north OF 697, he saws,
he believes to be illegal.
THE DUTY OF THE COMMISSIONERS.
He further remarks that, assuming that these
illegal tracks are not injurious to the public,
the question is whether it is the duty of the
board to take any action in reference to them
In the case OF the H-street tracks, recently re-
moved the permit was issued by the present
board. and 1t was his opinion that the board
having inadvertently issued an illegal permit
it was its duty to revoke that permit when its
illega,ity was ascertained. In none of the
cases now referred to were permits issued by
the present board, and it has been urged that
under these circumstances it is not the duty OF
the present board to investigate the question
of their legality, but that matter should be left
to the decision of the courts.
In every case, he says when the permit is re-
yocable at the pleasure of the Commissioners,
it seems that the board is responsible for its
Illegal existence; that seems to be the case in
reference to the permits granted to John Miller
and to Barber Ross
The question being a legal one, he further re-
marks, Il do not consider it my duty to decide
it," and submits the whole matter for the
opinion of the board saying until this question
is decided he can make no recommendations
with regard to these tracks.