Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-06-14


thorizing the Baltimore and Potomac Railroad
Company to lay q side track into square 1925.
| II the right to lay sidings were q necessary in
cident to the right TO run the railroads throu-h
the city there had been no occasion for this
| legislation.
Whether the lands over which some Of the
tracks above described be designated az pub
lie reservations" or ''open spaces" seems To be
lmmateria1 in view of section 222, Revised Stat
utes United States, relating 10 the District of
Columbia, which provides tina: no open spaces.
| public reservations or other public ground in
| the city Of Washington or any portion OF the
public streets or avenues in said city shall be
| occupied by any private person, or for any
| private purpose whatever"
SO far as the tracks complained OF are ex-
| pressly authorized by the Commissioners of
the District of Columbia, those officers would
| appear to be responsible to the Law for the con-
! sequences OF their presence both in the streets
and on the "open spaces or public reserva-
! tions;" while to those. il any, which have
been laid without such express permission, the
liability of the Commissioners seems to attach
to the presence of the tracks in the streets and
avenues inasmuch the Commissioners as
| successors to the board of public works, are
charged with the entire control Of the streets
avenues alleys and sewers of the city (section
~, Revised Statutes United States for District
of Columbia)
Entertaining these views propose at an early
day to institute such proceedings as the law may
sduCtlOu IOr the aUatSueptOI uulbduct Ol
these unlawful tracks. Comfy dictates (espe-
cially In view of the change of the personnel of
the board Of Commissioners since the date OF
the correspondence between this Office and the
Commissioners on the subjecD that should
inform you of my views and intentions, to the
end that should you be advised you may
take steps to relieve the Commissioners from
the responsibility in the premises.
Very respectfully,
(Signed) JNo. BLAIR HoaE,
Al IT, f n. -
of Columbia.
The commissioner Of public buildings and
grounds had complained vigorously of the oc-
cupation by the road of certain of the reser-
vations enumerated in Mr.. Hoge's letter, and
had endeavored to secure legal proceedings to
remove the tracks and abate the nuisance.
(See reports. of 1886 and 1881 The bill pro-
! poses that these reservations which this officer
sought to recover for the United States shall
be given without compensation to the corpora
ton which has seized and illegally used them
The reservations involved are described by the
commissioner of buildings and grounds in his
report OF 1887, and the exact amount OF prop
erty granted in legalizing existing tracks can
be ascert tanned from the schedule at the end of
this report. Mr.. Morrill,, in his Senate speech,
says in respect to the property of which the
gratnitous grant is now proposed:
The Baltimore and Potomac Railroad Com
pany have placed freight depot on square 1856
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 800, although prohibited
from entering any lot or square owned by the
United States, and it appears to be the readi-
est land jumper of the age. Between New
Jersey avenue and South Capitol street. where
by the map of 1872. it 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 II. In addition to this four tracks
cross and cover reservation ia, four other
tracks cover reservation 178 and four more
tracks cross and cover reservation PAL. All of
these well as the track across New Jersey
avenue to square 1871, though short, have been
made without the slightest authority and in de-
fance of law. These reservations are 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 auto
cratic, and act of Congress
is looked upon apparently with contempt.
The four tracks which go over reservation IA
also cross New Jersey avenue and LIST street
southeast without any legal authority what
ever. nor is there any authority of law for the
four tracks which have invaded reservation 17S
to cross Half street southeast. There is still
another branch of tracks over the small reser-
walton 109, which crosses 4 street without aII-
thority OF law. Having only implied right
to pass through the large reservation 10l, of
~ acres, Will one trbch, OF at ulOst Win Two,
they have placed upon it 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 ave-
nues and streets. Heavy freight is daily I'M
loaded from daylight until dark along Virginia
avenue from 9th to 7th streets and along Mary
land avenue from 9th to 49, streets, for which
there is no authority of law. The most i'm
portant reservation as we'll many minor ones
in the south part. of the city have thus been
seized by the railroad company, and instead of
being improved and made possible decoration
they have been made positive nuisance. The
dissertation is keenly felt by citizens in this
vicinity, who observe that favors such as were
granted and protected elsewhere are here de-
denied.