Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-13
WHY THEY OPPOSE THE BILL
Objections Urged Against the Wash
ington and Cumberland Road.

A petition has been addressed to the chair
man and members of the House District COM
mittee in reference to the bills pending in Con-
gress, and which have been favorably recon-
mended by the District Commissioners to au-
thorize the Washington and Cumberland Rail-
road Company to extend its projected road
along the limo OF the Chesapeake and Ohio
canal into the District. The petition says:
Each and all of these bills propose to import
into the District and into the city of Washing
ton the laws Of the state of Maryland relating
to the incorporation of railroad com panics and
the laws of that state relating to thee chesapeake
and Ohio canal
The accompanying paper was prepared with
reference to Senate bill 43lO, but Is equally ap-
plicable, except as to some minor details. to
the other proposed measures. These bills are
obnoxious to the best interests of the people of
the District All are vicious in what they pro-
pose. would destroy large property interests
OF the citizens of the District. would subvert
the fixed statutes and leave our people at the
mercy of any board OF Commissioners that
might happen. for the time being, to be in
power. The paper herewith, which We make
"a part of this memorial, fully sets forth the
ease, upon the strength Of which we ask that
no further action may be taken until the. cause
Of the people may be fully heard. Thereupon
we. citizens and property owners of the
city ana Dlstrlct. respectfully ask q hearing at
your earliest convenience.
The signatures attached are as follows: G.
W. Cissel d Co., MI. Adler. J.E.Libbey, W. H.
Tenney Il Sons, Thos Knowles VIM. Wheatley
G. w. Ofiutt, Il. b. Lockhart, Weaver. kengla
d Co., JOS. I. Weaver, w. Nordlinger, II. p. Gil
bert, John A. Baker, Geo. Hill, jr., A. h. Crop
ley, j. G. Waters, s. Thos Brown, chairman;
II. Clagett, secretary.
THE OBJECTIONS TO THE BILL.
Tho accompanying statement referred to
sets out at length the objections urged against
the bills. which, it is stated. the Commissioners
returned to Congress with their approval with
out the usual notice of public hearing accorded
the citizens on other railroad bills. The peti-
TONERS urge as the first objection to the bill
that. as it is claimed, il authorizes the COM
pany to exercise in the District all the powers
conferred by its Maryland charter, which in
clude liberal powers of condemnation.
1t is asserted that under these laws among
other things, the company could change the
location OF constructed line at any time by
condemning new one and could condemn
"any road, street. alley or public way" regard
less of the wishes of the municipal authorities.
The second objection is that the route through
the District is not defined. but left to be fixed
by the Commissioners and the railroad COM
pany.
The provisions of the bill generally provid-
ing that the road shall proceed from the June
tion Of the canal and Rock creek ..by such
route as shall be approved by the Commis-
sioners of said District north of the intersection
of 18th street west with the Potomac river" il
is claimed practically takes in the whole city,
the sole limitation being that the road shall be
north of the point named.
Objection is raised also to the section of the
bill granting the company to acquire within
the District the title of the Chesapeake and
Ohio Canal Company to its properties rights
"in manner and form is provided by said
charter and acts OF the general assembly OF the
state of Maryland" The question is raised
why the laws Of Maryland are called in again
in this and whether this is not an attempt
to validate the litigated claim of the old canal
company. 1t is asked also why the railroad
company should want the canal company rights
in that part Of the city lying south of Rock
Creek, where 1t does not propose to run its
road on the former line Of the canal. 1t is
urged that the proposed measure violates the
act of Congress approved May 5, 1870 which
provides that no railroad shall be built until
the route and terInni OF such road shall have
been approved and sanctioned by Congress-"
PRESENTED TO THE COMMITTEE.
The committee, consisting Of S. Thomas
Brown chairman Of the meeting, J. G. Waters,
A. b. Cropley and John A. Baker, appointed
to lay the protest and memorial before the
District committees of Congress, waited
upon Senator Ingalls,, chairman of the
Senate committee, and DIR. Atkinson.
acting chairman of the House committee
and performed that duty. They were in
formed that the paper would bo considered
and hearing given before any action will be
taken on the bill The committee then fled
the paper formally with the committees