Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-02-12
THE CANAL RAILROAD.
Action Taken at Annapolis to Carry Out
the Proposed Lease.

the Proposed Lease.
BILLS INTRODUCED IN THE LEersLAruRx-PRo-
POSED AMENDMENTS TO THE CHARTER PERMIT
TING LATERAL BRANCHES AND AUTHORIZING AN
ISSUE OF BONDS.
Two bills relating to the proposed railroad
in the bed of the Chesapeake and Ohio canal
were reported to the Maryland legislature
yesterday. One was to authorize the Chesa-
peake and Ohio canal company to lease its
canal to the Washington and Cumberland canal
company and the other was to amend the
charter Of the railroad company. The lease
bill recites in its preambles the financial con-
dition of the canal and the damages done by
the freshet, and sets forth the terms on which it
is proposed to lease it to the railroad company.
1t then grants power to the canal company
to lease, for the term Of ninety-nine years, re-
Movable forever, to the Washington and Cum
berland railroad company 'Its canal and ada
cent land-works, corporate property, water
rights and franchises of every description
upon the terms and conditions following, to
wit: The said railroad company shall enter
upon and take possession of said canal and its
adjacent land works, dams, water rights,
wharves and other property Immediately upon
the execution OF said lease, and construct upon
the tow path or bed of the canal or the lands or
banks OF said canal or upon lands adjacent to
said canal acquired for the purpose, at its dis
erection, continuous line Of railroad between
Cumberland and the city of Washington. Dis
trict of Columbia, and shall equip and put the
same in running order with one or more tracks
for the transportation of passengers and
freight between Cumberland and Will
Transport within one year from the
date of said lease, and between Williamsport
and Washington within two years from the
date of said lease. In case delay shall occur
in the commencement and prosecution of said
work in consequence of legal proceedings in
stituted against said Washington and Cumber-
land railroad company by any person or corpo-
ration whatever or instituted by said Wash
ington and Cumberland railroad company to
acquire or establish its title by condemnation
proceedings or otherwise, then the time above
named shall be enlarged SO as to cover the
period during which the operations Of said
company shall be SO delayed. The said Wash
ington and Cumberland railroad company shall
succeed to use and enjoy all the water rights of
said Chesapeake and Ohio canal company, and
may sell. lease or otherwise dispose of the same
as 1t may deem desirable, and that these water
rights may be the more effectually used and
enjoyed, it shall be the duty of the said Wash
ington and Cumberland railroad company to
maintain SO much of the said canal and such of
the dams across the Potomac river and espe-
clally so much of the Georgetown level thereof
as said railroad company may deem necessary
or desirable"
Provision is made for the payments of va
rious sums Of money named for in the proposal
OF the railroad company. The railroad COM
pany is given power to issue bonds to an
amount not exceeding SS,000,000.
CONNECTION WITH THE WESTERN MARYLAND.
Other provisions of the bill are as follows:
That the said Washington and Cumberland
railroad company is hereby authorized to con-
meet with the Western Maryland railroad and
the Frederick and Pennsylvania railroad and
any other railroad, and like authority is
hereby conferred upon the said roads to make
such connections at proper and convenient
points to be mutually agreed upon. The West
ern Maryland railroad company shall have the
right to the same rates over said Washington
and Cumberland railroad upon Joint traffic
lnterchanged by 1t with said Washington and
Cumberland railroad that the said Washington
and Cumberland railroad charges upon its own
or other traffic of similar character in con-
sideration whereof the Western MARYLAND
railroad shall prOrate with the said Washing
ton and Cumberland railroad upon all coal and
other traffic received by it from said Washing
ton and Cumberland railroad or delivered by
1t thereto, reasonable allowance being first
made for terminal facilities at Baltimore Each
OF the said companies shall deliver to the other
all traffic distributed to points upon its line or
that can be fairly aud properly reached via
the lines OF said other party, and shall make
as favorable arrangements for its traffic
as 1t does for any other company
with which it interchanges traffic It being the
intention of this act that the rates of Transport
tation OF passengers and freight to and from
Baltimore over said Washington and Cumber-
land railroad shall be as low per passenger or
per ton per mile as those charged to the most
favored customer. the said Western MARYLAND
and the said Frederick and Pennsylvania Line
railroad companies and any. other rail-
road companies and the said Washington
and Cumberland railroad company are hereby
authorized to connect with and to make such
traffic arrangements with each other as may be
agreed upon by the directors of the respective
companies and ratified by their stock holders.
and that said Washington and Cumberland rail-
road company shall ut no time be owned, con-
trolled or leased by any railroad company
owning or operating any parallel railroad or
nearly parallel road, and that if at any time
the majority OF the stock Of said corporation
shall be acquired by competing company
owning parallel nearly parallel line of
railroad, then this charter shall cease, and the
rights, power and franchises granted to the
| said Washington and Cumberland railroad
company shall be determined and the said
company shall thereupon be dissolved and its
affairs be wound up. That it shall be the duty
OF said Washington and Cumberland railroad
company to run at least two passenger and two
freight trains daily in both directions upon
said railroads, for the whole distance thereof
unless prevented by floods or unavoidable accl-
dents
1t is provided also that in case of the refusal
OF any Of the holders of the bonds OF 1874 to ac-
cept their pro rata snare of the sum provided
to be paid by the railroad company for the re-
demptiOn Of these. bonds to have the canal
property sold at auction, and it is made lawful
for the railroad company to purchase the prop
erty.
PROPOSED AMENDMENT OF THE CHARTER.
The bill to amend the charter of the railroad
company provides that the company '.shall
have full power and authority to construct,
complete, maintain, equip and operate by steam
OF any other power a railroad with one or more
tracks upon and along the towpath or bed of
the Chesapeake and Ohio canal. or both, in its
discretion, or upon land of the Chesa-
peake and Ohio canal company adjacent to said
canal, or upon other lands acquired for the pur-
pose, from the terminus of said canal in the
city Of Cumberland, in Allegany county, to such
point on said canal in near the city of WASH
poration may select, with the right to connect
with the lines OF any other railroad or railroads
within this state and in the District of Column
bia or elsewhere, with which, in the judgment
OF said corporation, a connection may be ad-
yantageous and desirable, and shall have power
to maintain and operate so much Of the Chesa-
peake and Ohio canal shall not be occupied
by its constructed road, and to charge thereon
the same rate Of toll and transportation as said
Chesapeake and Ohio canal company is author
lied by itscharter to charge, aud as to SO much
OF the said canal shall have the rights and
power of every description that the said Chesa-
peake and Ohio canal company has under its
! charter and amendments thereto and shall
also have power TO construct, equip, maintain