Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-08-04
THE ATKINSON BILL.
The Text Of the Pending Measure and
Some Objections to It

THE PRoposkD LEaALIzINa OF rRI srprxos LAID
WITHOUT AUrHoRITY-THK SITUATION IN WASH.
INaroN As SUMMED UP BIT Mr. MoRBuIr-wHr
THE BILL rs OPPOSED.
In accordance with the reques. OF several
correspondents The STAB reprints the Akin
son bill, II. r. s24S Tho full text is rs follows:
Be it enacted by the Senate an House of
Representatives Of the United States Of Amer
lea In Congress assembled; That the construc-
ton, maintenance and use for railway purposes
of the turn-outs and sidings Of the Baltim ore
and Potomac Railroad Company, now extend
ing from its line between the Anacos.ia or
Eastern branch of the Potomac river and
the Long bridge, in the city Of Washington,
into the several squares Of ground known and
designated on the plat Of the city of Washington
as follows: Square 7S7. square 7S9, square 6S5,
square northwest Of square SOS, square ives. OF
square G. 5, square north of square 6g7. square
east of square 6i2, square north of square 642
square south of square 463, square
AGA, square $50, square 261 and
square south of square 267, and the use
and maintenance Of its shops, stations and other
structures now erected thereon il hereby legal
lied and confirmed. said tracks to be MAIN
tanned in such manner as will least obstruct the
public streets, avenues or alleys on which said
tracks are laid, and to be under the supervis-
ion of the Commissioners Of the District Of CO.
lumbia
Section q That it shall be the duty of the
Commissioners of the District of Columbia,
and they are hereby authorized and EN- pow
cred to grant the Baltimore and Potomac Rail-
road Company permission to lay, maintain and
use side tracks and sidings from the main line
or lines OF said railroad into any real estate in
the said city abuttIng on the streets or
avenues on which such line or such company is
or may be situated which may be used or
occupied for manufacturing. commercial or
other business purposes by parties desiring the
use OF such facilities. Such side tracks or
sidings shall be laid under the direction Of
said Commissioners and in such manner as
shall least obstruct the use of the public streets
for ordinary purposes.
Section 8. That the Baltimore and Potomac
Railroad Company is hereby authorized and
empowered to acquire for the purposes of its
business any one or more of the squares of
ground in the city of Washington south of the
line OF the said railroad and north of l. street
and north OF the Eastern branch and east
OF 18TH street southeast, and any one or more
squares abutting on the line of said railroad on
Maryland and Virginia avenues. and to extend
MAINTAIN and use tracks from convenient
points on the line of said railroad into the said
property, and to cross such streets as NAV be
necessary for that purpose. and to construct
thereon such facilities as may be necessary
for its business. and to maintain such facilities in
connection herewith; such tracks, where they
cross streets, to be laid under the direction of
the commissioners of the District of Columbia
and in such manner as shall least obstruct the
use OF said streets for ordinary purposes And
In case said company shall be unable for any
reason to acquire such properties or any por-
ton thereof by purchase they may be acquired
by SAID company in the manner provided by
sections numbered from 6is to 663, both inclu-
fIa .frnt.a .l.Ag. -
District of Columbia; but nothing herein con-
tanned shall authorize the condemnation of any
church or school property or any property of
the United States.
THE SIDISGS REFERRED TO.
The official records of the Commissioners
and the reports of the commission of public
grounds show that every one of the sidings
into the above-named squares which we're con-
structed for railroad purposes and not for bust
ness firms was either constructed without a
permit from the Commissioners or under per-
NIT from them after the Supreme Court OF the
United States had declared that such permits
sion must be obtained from Congress or SO
constructed as to cross and illegally occupy a
reservation. These documents also show that
not one OF the sldings west of A. q street, along
the space from which the removal of surface
tracks is most urgently demanded, has any
claim to have been constructed i'll a belief of
Its iawfu!ness and without damage to the pub
lie reservations or open spaces. one OF lection
to the legazng of the railroads illegal sur
face tracks Is that 1T gives away for nothing the
use of certain open spaces or reservations i'm
proved as parks III other parts OF the city.
SENATOR MoRRILL's SUMMARY
Concerning this occupation of the public
property Senator Morrill, has said:
1.-The Baltimore and Potomac Railroad Com
pany have placed a freight depot on square $50
without any authority of law and in spite of
notice of objections against the selection of the
site. They have also invaded reservations ia
17s. 24l and 3O9. although prohibited from en-
terlng any lot or square owned by the United
States. and it appears TO be the readiest land
jumper of the age.
"Between New jersey avenue and South Capi-
tol street. where, by the map of 1872. 1t would
appear that one track only was authorized or
contemplated, there are now not less than
eight tracks, some of which even trench upon
the sidewalk of reservation IL. In addition to
this four tracks cross and cover reservation ia,
four other tracks cover reservation 49, and four
more tracks cross and cover reservation 24l
All of these. well the track across New
Jersey avenue to square 737, though short
have been made without the slightest authority
and Ill defiance of law. These reservations ere
Of the triangular shape peculiar to Washington
and are greatly appreciated by its citizens, but
the aggressive war powers of appropriation
by this steam railroad seem to be autocratic,
and an act of Congress is looked upon appar-
emily with contempt. The four tracks which
go over reservation ia also cross New Jersey
avenue and LIST street southeast without any
legal authority whatever, nor is there any au-
thority of law for the four tracks which have
invaded reservation l7S to cross Half street
southeast. There il still another branch of
tracks over the small reservation l09, which
crosses I street without authority of law
Having only an implied right to pass through
the large reservation l0l, of 20 acres. with
one track. or at most with two, they have
placed upon 1t a large group of tracks, which
are constantly covered with trains or with
loaded or empty cars. Their principal freight
delivery is here and on the public avenues and
streets. Heavy freight is daily unloaded from
daylight until dark along Virginia avenue from
9th to 7th street and along Maryland avenue
from 9Th to 1917 street, for which there is 10
authority of law. The most important reser-
walton well as many minor ones in the south
part of the city have thus been seized by the
railroad company, and instead OF being i'm
proved and made a possible decoration they
have been made positive nuisance The
dissertation is keenly felt by citizens in this
vicinity, who observe that favors such az we're
granted and protected elsewhere are here de-
MED"
THE GREATEST OBJECTION
to the measure is that it confirms and perpetu-
ates the surface tracks. against which most of
the progressive large cities OF the country are
now engaged in active hos:ilities. Washing
toms grade crossings are obstructive and
deadly Ms those of any other city. Senator
Morrill, says concerning them: SIN addition to
the occupancy of important portions of Della