Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-27
BETWEEN THE TRACKS,
An Interesting Question ~ 10 Who Owns
the Paving Material.

An Interesting Question ~ 90 Who Owns
the Paving Material.
some days ago Capt Rosssll called the atten-
ton Of the Commissioners to the fact that the
Washington and Georgetown Railroad Con-
pany bad advertised for sale all the paving ma
terial within their tracks between the
same and for . space Of two feet
outside when the company changes il tracks.
Capt. Rossell said: This material h claimed
by the District if IL il TO be removed from the
streets. It seems 10 me important that the
District take some action before this property
passes into the hands Of innocent purchasers"
This letter having been referred to the at
torney's Office today Mr. 8. T. Thomas, assistant
attorney for the District rendered an opinion.
He says: "In view Of the fact that the railroad
company has express notice that the District
claims said paving materials when removed for
the purpose Of substituting a different pave
ment 1 do not think 1t necessary to take
any immediate steps in regard to the
matter. In the permit issued to the company
to build cable roads on Its said lines. there s Q
clause, you will remember, in which the Dis
trict makes claim to this material. At the time
the permit was granted tins Office Ind not
thoroughly Investigated the question 80 as to
determine to whom the old material when taken
from the streets, belongs, and have not since
had time to consider the matter; hence il was
agreed that the railroad company might for
me present take said material to its own yards,
leaving the question whether il should account
Tor 1t to the District for further consideration.
1t is immaterial think, whether the railroad
company sells said material as it ID taken from
the street in the progress Of building its cable
roads, OF whether the same IL removed and piled
In yards to await legal determination as to
whom it belongs. The company, in case it
sells the old material, will be liable to the Dis
nlct for the price received for it in an action
ii the material belongs to the District /
would suggest that You keep an account
removed by the railroad company for the pur-
poses OF any suit it may be necessary to bring
There is some difference Of opinion at the
District buildings as to the ownership of the
paving material referred to in the attorney
opinion. Col. Robert and Capt Rossen think
1t belongs to the District, in this case. Is ii
would in case the railroad company gave
up business and abandoned its road.
In such event. it is claimed the company,
which is required by law to keep the space be-
tween and two feet at each side Of its tracks
paved, would have no right to take up and sell
the material. In the present case, however,
the company il simply giving up one style OF
track to lay another and will put down a
pavement between the tracks similar to that
In the street. For instance. on Pennsylvania
avenue the pavement to be laid between the
Douglass is inclined to the opinion that the
railroad company owns the material which
1t paid for, since 1t is going to re-
place it with new material. He thought
1t best, however, to reserve all the rights that
the District might possess in the matter and
hence had favored inserting in the permit the
proviso setting forth the claim of the District
Capt Rossell. when asked about the matter
today by STAR reporter, said that as an officer
OF the District it was not his province to
consider the equities Of the case, but
to warn the Commissioners as to their
rights. The Commissioners could consider
the equities. He had no doubt that
some portion Of the pavement had been laid
and paid three or four times over by the rail-
road company. The case appeared to him.
however, similar to that of q householder
who changed the style of sidewalk in
front of his house. In such a case the District
claimed the old material and had it carted
away to the property yard. In case house
owner put down in the street sewer
the District claimed IL and per-
mitted others to make connections
with it. He thought q railroad corporation
stood on the same ground in this respect as an
individual. The old material In question is
worth about el50, 900.