Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-05-08

EIr Atkinson's report in favor Of the bill
making a wholesale grant OF privileges to the
PENNSYLVANIA railroad condOning its past vio-
lations Of the law and encouraging it to future
lawlessness. exposes clearly the weakness of
the roads case. lie shows what no one denies,
that the road needs additional freight facilities
These can be secured through the grant Of a
limited power of condemning private prop
erty. and this grant is proposed by every
measure which has been introduced in refer
Cnce to the road. The freight statistics have
no force as an argument peculiarly and exclu-
sively in favor of the Atkinson bill. There
is no occasion for greater haste in charging the
freight facilities of the Baltimore and Potomac
than in increasing those of the Baltimore and
Ohio. The latter suffered worse in the late
blockade than the former. Yet the latter in
connection with and IN consideration of the in
crease Of its facilities. proposes to make and
and will be required to make expensive i'm
provements in the conditions of its occupation.
Similar improvements should be exacted from
the former. The peculiar provisions of the At
knsOn bill are not contained in the section
which grants the power of condemnation. and
which is supported by the argument Of necessity
of increased freight facilities. They are found
sioners for the exclusive benefit of the Balti-
more and Potomac the legislative power OF
Congress to authorize such deyia:ions from the
roads chartered course as side tracks. No
other railroad. no other street railway,
no other common carrier In the city
i to share the benefit of this
delegation of the law-making power. These
peculiar provisions also found in the sec
ton which lega,izes the existing illegal side
tracks and confirms the illegal occupation by
the road Of the streets and small reservations
which these tracks traverse. Mr.. Atkinson
ignores the fact that this section is in effect
grant of public property 10 the railroad,
against the seizure Of a portion of which the
commissioner OF public grounds has made Wig
Ur0us protest tie treats thu case merely as
che in which the Commissioners have granted
certain privileges which it Is desired to con-
firm, although there is no precedent for ques-
Ironing their authority" 1t is to be remem-
byred that the Commissioners whose acts are
q be confirmed are former Commissioners and
I.It the incumbents; that only portion of the
Illegal and indicted tracks were laid under per-
HIts from Commissioners. and that the
Supreme Court of the United States has
stated specifically that Congress alone
has authority in the matter. The
words Of this court in the case of the 18th street
side track 1.-The title to the streets of Wash
ington is in the United States, and not in the
city or in the owners of adjacent lots. 1t is
therefore eminently proper that the right to
Use them tor any other than the ordinary use
o. streets should proceed from Congress. We
are Of opinion tina: when this company wishes
10 depart in any direction from the line of its
present track as prescribed for it by acts OF
Congress. it must obtain permission to do SO
from that body" This grant to the road of
the right 10 deviate from its course and to oc-
cupy public property Is as much a new and
distinct grant as if no former Commissioners
Lad ever assented to the laying of few of the
illegal tracks.