Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-05-15
Prssiden. Roberts IN the interview printed

PRESIDENT Roberts IN the lntervlew printed
yesterday in TIE STAR suggests g willingness
on the part OF the Pennsylvania railroad COM
pany to meet one-half the cost Of sinking and
bridging or Of elevsting the company's tracks
in Washington. He states that the company
has the right under its charter to run tracks
on the surface of the streets, and intimates that
no improvement can be accomplished except
with the comPany's assent and upon the COM
pany's terms. The act OF Feb. s, 1867, in giving
the road gratuitous right OF way over the pub
Lie streets provides that "the level Of said road
within the city shall conform to the present
graduation Of the streets, unless Congress shall
authorize different level" and Congress has
also the right to repeal or amend the entire
grant Evidently Congress has the power to
authorize different level for the road or to
remove it entirely from the streets which it
now occupies, and if the road has any claim for
damages it will be merely an equitable one
against the United States government Sena-
tor Morrill, said once in the Senate after de-
scribing the roads intractions Of its charter
and its trespasses upon public pro perty:
THE proof of these fragrant abuses is so
Astounding as to show that the Baltimore and
Potomac Railroad Company has wIlfully broken
Its so-called charter and would justify its for
feiture under the most summary process by
tpe courts, out 1uIl power having been espe-
cially reserved to alter amend ii is incon-
testable that the road is now as amenable to
the discretion OF Congress asst would be IL now
Tor the first time it were asking permission to
enter the District"
Congress granted something to the road with
notice that it might revoke or modify the grant
at any time, and no legal damages can be
claimed for such modification in pursuance of a
condition Of the grant. Washington, however, is
well aware that Congress is not likely to make
full use of its power, merely at the request of
the District to compel the road to do what the
latter strongly resists and that practically there
Is basis for Mr.. Roberts claim that terms
must be made with the railroad. In conduct
ing this negotiation with the road Congress
10 the capitals common council and board OF
aldermen, whose duty it is as the representa-
tive Of the city to drive the best bargain which
can be obtained for it. Mr.. Roberts does not
propose to surrender the staton-site on the
mall or the four small reservations illegally &C.
cupied by side-tracks, or the reservation at the
intersection of Maryland and Virginia avenues
which Attorney Riddle has said is occupied
only by virtue Of squatter sovereignty.
IL the occupation Of any part
Of the public property is to be
authorized and continued the value OF these
grants should be estimated by way of Offset to
the amount which the government might
otherwise be expected to contribute for the re-
moyal Of grade crossings. Senator Ingalls, sew
eral years ago reckoned the value of the priyi-
leges upon the mall at half million dollars.
The other public ground legally or illegally
used, is Of great value. What the government
gives to the road should be considered in ascer-
tanning how much the government should con-
tribute towards the removal Of grade cross
ings. And this fact makes it essential that the
questions OF change of station-site, removal
Of grade-crossings and the concessions includ-
ing the four reservations. asked by the Akin
son-McPherson bill, should be disposed OF at
one time and by the same piece
Of legislation. In this way only
can ali the parties receive fair play. To give
to the road what it asks under the Atkinson
Mcpherson bill without amendment would be
to present to it for nothing what should be
part OF the consideration for the removal of
grade-crossings and making other improve
ments. II Congress in the end should refuse
the request Of the capital that it's mall be freed
from railroad tracks and should confirm the
roads occupation OF the reservations illegally
occupied, the concessions to the road would be
worth far more than the city's share OF the
cost Of removing the grade-crossings, and at
the very least the road should in that event
bear every cent Of this expense. The Balti-
more and Ohio will evidently be required to
compensate the public by the removal Of many
grade-crossings and other improvements for
the benefits which il seeks. The same policy
should be applied to the Baltimore and Poto-
mac. IfCongress will not exercise against the
roads its power 70 compel it should at leas., in
the capacity Of local municipal legislature,
represent in negotiation the city rather than
the railroads, and secure from the latter by an
exchange of concessions everything for the
public benefit that a shrewd business man
would in similar situation be able to obtain.