Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-17
THE MErRoPoLrrAN.s CHARTER.
The Attorney General Begins Proceedings "a
Forfeit IL.


BILL PILED IN THE DISTRICT SUPREME COURT
ropAY-rHE COMPANY ASKED TO Snow M
WHAT RIeHr IT CONTINUES TO ExxRoIsx rrs
PRrvILKoKs AND FRANCHISES.
The Commissioners have lost very little time
in attending to the wishes Of Senator German
respecting the Metropolitan Railroad Com pany,
and thi 9 afternoon the Attorney General filed
bill in the Supreme Court OF the Dis
trict OF Columbia quo warranto for the
purpose Of declaring the charter Of the Met
ropolitan Railroad Company forfeit Senator
German is chairman of q Senate committee
investigating the corporations Of Washington
and his interest in the case grew out Of that
In sending the papers in the case TO the At
torney General the Commissioners volunteered
the services of the attorney for the District to
assist him in the preparation of the case.
Assistant Attorney s. II. Thomas desig-
mated TO assist in the matter and the paper filed
today was prepared by him. The Commission
ers approved the document and row the court
Is called upon TO take final action.
WHAT THE PETITION SETS FORTH.
After reciting the charter, its subsequent
amendments and the terms upon which the
road was constructed, the petition cites
'ue acts OF congress ESTABLISHING tne
territorial form of government and the board
OF public works and specifying the powers Of
the latter body. There are quoted various acts
OF the legislature making appropriations for
public improvements. The petition then goes
on to say:
And further that the board of public works
OF SAID District during the years 1871, ls72 1873
and 1874 awarded divers contracts for
improving, grading and laying down new
pa'ements on various streets and ave-
nues III the city of Washington. and
among others in streets and avenues of
said city occupied by the tracks Of the said
Metropolitan Railroad Company, and that in
pursuance Of such contracts new pavements
we're laid In various streets and avenues of said
city, and among others in streets and avenues
occupied by said Metropolitan Railroad Com
pany.
And further the said Attorney General sug-
gests and gives the court here to understand
and be informed that the said Metropolitan
Railroad Company did not, its char
ter made il its duty to do, pave
its tracks on said streets and avenues
SO occupied and improved aforesaid.
for the space of two feet beyond the outer
rails thereof and also the space between the
railway tracks to conform TO the grade
and pavements laid by the District of Column
bia by its board of public works on
said streets and avenues but willfully neglected
and refused SO to do.
PAVED AT PUBLIC EXPENSE
sand further the said Attorney General sug-
gests and give the court here to understand
and be informed. that the District Of Co
lumbia, the failure and neglect of the
said Metropolitan Railroad Company, after
paving, as by its charter it was required to do,
was compelled to furnish the materials and
cause the said work TO be done.
And further the said Attorney General sug-
gests and gives the court here to understand
and be informed that the District OF Columbia
on, to wit, November "a, 1880. brought an &C.
ton in the Supreme Court Of said District.
numbered 2245S, al law, on the dockets OF said
court. to recover the sum of sl6l, 622 50 for
work done and materials furnished by said Dis
trict in paving between the tracks of said
Metropolitan Railroad Company. and also for
the space Of two feet beyond the outer rails
thereof on certain streets and avenues Of the
city of Washington occupied by said railroad
company at various times during the years 1871,
1879, 1873, 1874 and 1875. upon and in
consequence Of the neglect and failure of the
said Metropolitan Railroad Company to do
| said work and furnish said material
| in accordance with its duty as pre-
scribed by its charter. That the
said Metropolitan Railroad Company filed
twelve several pleas to said action, the
eleventh and twelfth being pleas Of the stat
u.es of limitations. That issue was taken on
| Tense of limitations. and they were demurred
| to. The court sustained the demurrer and the
cause was tried on the other issues, and on May
1, 1884, verdict found for the plaintiff for the
sum of S147, 1905, and Judgment rem
dered and entered on said verdict and said
Judgment being affirmed in the general term of
the Supreme Court of said District, the said
Metropolitan Railroad Company removed said
case by writ Of error to the Supreme Court Of
the United States, and such proceedings were
there had as that said judgment reversed
and the cause remanded with directions 10
enter Judgment for the defendant on the de-
murrer to the pleas Of the statute Of limitations
the court expressing no opinion on the merits
of the case.
BARRED BY THE STATUTE OF LIMITATIONS.
sand the said Attorney General further sug-
gests and gives the court here to be informed
that the said Metropolitan Railroad Company
by virtue of the provisions of its charter herein
before set forth, was obligated to pay the Dis
trict Of Columbia the cost Of labor and material
used and expended in paving the portions Of
the streets and avenues occupied by said railroad
company, as aforesaid. and that the amount for
which said Judgment was rendered was
at the time thereof justly due by said Metro
politan railroad to the said District of Column
bia, and that said judgment of the Supreme
Court of the District of Columbia was re-
versed by the Supreme Court Of the United
States upon the sole ground that the action in
which said judgment recovered was barred
by the statute of limitations before the institu-
ton thereof. And the Supreme Court Of the
United States did not in the said case hold
or adjudge that the sal Metropolitan Railroad
Company not legally liable to pay the
sum of money mentioned by said judg-
ment had such action been brought
within the period of the statute
Of limitations. And the said Metro
politan Railroad Company has never paid or
rendered, or otherwise satisfied to the District
of Columbia the money mentioned in the
judgment that was rendered in said action,
%, ass, at law, on the dockets of the Supreme
Court of said District
eo''And further the Attorney General suggests
and gives the court here to understand and be
informed that on the Sd day of March A. ID.
1891. there was approved by the President OF
the United States an act entitled An
act making appropriations to supply deficien-
cies in the appropriations for the fiscal year
ending June 80, 1892, and for prior
years and for other purposed,' passed
by the Congress OF the United States,
which said act is chapter $40 of the
public acts of the second session of the Fifty
first Congress (26 Statutes at Large, PIP. s62 ct
seq, which said act, among other things, en-
acted As follows: ...--s-F
"'And the Metropolitan Railroad Company of
the District of Columbia shall pay to the Dis
trict Of Columbia within eighteen months from
the approval of this act the full amount OF the
judgment that was rendered against said COM