Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-28
ANOTHER TRACK TROUBLE.
Reports Upon the Bergner d Engel
Railroad Siding,

Reference has heretofore been made in THE
STAR of Messrs. Parker and Dryers letter to
the Commissioners relative to the railroad
tracks Of the Bergner and Engel Brewing COM
pauy. The matter, after being looked into by
the Commissioners, was referred TO Capt Sy-
mons. who reported as follows:
In conformity with the terms of this permit,
the siding was built substantially as shown in
accompanying tracing The Baltimore and
Potomac railroad occupy Virginia avenue in
front of this square, with its tracks in accord
ance with the charter granted the company by
Congress.
Whether the Commissioners have the legal
right to permit this side track to leave the
main track and enter the premises of Bergner
x Engel is a matter for the attorney of the
District and the courts to decide / know
OF no law or decision of the courts
which would prevent the Commissioners
from granting such permit, and l believe
the attorney of the District has given his opin-
ion that they have the authority to grant per-
mIts for track sidings and connections when
the same are confined between the building
lines of the streets legally occupied by the
main tracks.
Passing over the legal status of the case and
considering the allegations in this letter of
Fillmore Beall, have the honor to state that
i have made personal examination of the To-
cality and am unable to believe that the close
proximity Of the track TO the house has cracked
the walls and plastering. There is nothing to
indicate that this Is the case. and my
judg ment as an engineer convinces me that i.
| Is not true. The house is a small house of very
ordinary character and whatever cracks are
! In walls and plasterins are probably due to its
cheap construction.
Nor do / believe that the destruction of the
rental value OF the house is due entirely to the
| presence of this Bergner Engel side track.
think that visit TO the locality will convince
any one TO the contrary.
Square 464 is a small triangular square be.
tween 9th and 18th and Virginia avenue and d
streets southwest. This square is almost en-.
| tirely given up to the beer business being oc.
| cupied partly by the Robert Portner brewing
company, partly by S. c. Palmers estab.
lishment for botting Schlitz's Milwaukee
beer, and partly by the Bergner FnpeI
There is a side-track leading into each of the
| above-named establishments, making three
sidings in all leading into the square from the
main track.
The house represented by Mr.. Fillmore
Beall Is sandwiched in between Palmers bot
thing works and Bergner Engeri
establishment, and it is my opinion
that the destruction of its renta
value for residence purposes is due almost ell
| tirely to the presence OF the main tracks of the
railroad along its front and the business estab
| ishments located in the square, and bu
slightly to the Bergner & Engel side track
| Such being the l would recommend tina
the track be allowed to remain as it is.
| There can be no question that the presence
| of the railroad on this or any other street OF
| avenue interferes with and renders propert,
fronting thereon less valuable for Residential
| purposes. On the other hand, for all busines
| purposes, requiring immediate and direct com
! muncation with the tracks. the property is rem
dered more valuable than if the railroad wa
| absent.
Ii would seem to be but a simple matter O
justice and right. that as the property alon,
the line Of the avenue has been injured for on,
purpose by the presence Of the railroad, that i
be allowed all the advantages possible accruin,
| to il from the railroad occupancy Of the avenu
by permitting it to be used for the business
purposes to which it is now best suited.
Major Raymond looked into the matter afte
Captain Symons' report had been submitted
and made the following endorsement upon tn
papers:
Capt. Symons recommendation is approved
but i think permit for maintaining this sid
ing should be issued to the railway company
| and the permit granted to the Bergner 4 Enge
brewing company should be revoked"