Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-23
A GRADE CROSSING HEARING.
The Commissioners Listen to Arguments
Citizcns and AtforneNr

The Commissioners Listen to Argume nts by
Citizen. and Attorneys.
Although the District building closed today
ct noon, the hearing suggested by the attorney
FOR the District In the grade crossing matter
took place
IL will be recalled that at a recent meeting Of
the Northeast Washington Citizens Association
number of resolutions were passed condemn
Ing grade crossings.
The resolutions ended with the reques. that
the Commissioners compel the railroad COM
rany TO do the following things:
l. To make such alterations in its road so as
to conform to the established grade of all Of
the streets avenues which it may occupy or
eros.
?. To inciose the road along it's entire route
through the city Except when II crosses q
street sVcuusl with substantial fences.
,. 70 erect guard gates Of the most approved
pattern across each of the streets avenues
crossed by it
T. To keep competent watchmen on duty
both day and night at each crossing.
Commissioner Douglass suggested that the
opposition take up the points one by one and
gire the reasons ard authority for the same,
and then the Representatives OF the railroad
company could reply.
Mr.. PEIzzELL. SPEAKS FOR THE cITIzENs
Mr. W. j. Frizzell, the president of the asso-
ciSiion. was the first speaker. He read the
first paragraph and cited the act of 1881 au-
thorizing the extension, cons ruction and use
OF lateral branch of the. Baltimore and Ohio
railroad into and within the District of Column
bia. a. the reason they (the Commissioners)
conld enforce It's provisions. The law cited is
a. follows:
That the level of sand road within the said
clay shall conform to the present graduation Of
the streets, unless the said corporation shall
agree to a different level"
He also read from the act of the Legislative
assembly relating to the Baltimore and Ohio
railroad
generous construction Of the Law would, he
thought, mean that the railroad company were
required 20 keep their tracks at grade.
ATTORNEY HAzLEToSs QUESTION.
Attorney Hazleton asked whether or not Mr..
Frizzell knew If the railroad did not in accord
ance with the ac. of 1881. lay it's tracks at that
time on the existing grade.
Mr. Frizzell said he did not That was before
ais timo. He would say, however, that in con-
versation with the surveyor Of the District the
latter said 1t was hls opinion the railroad never
had the right to place the tracks where they are
now and he had records somewhere in his office
to substsntiate his statement.
The other things asked for, Mr. Frizzell said,
were plain, and il was unnecessary to take up
the time of the Commissioners on these matters,
Mr. HAMILTON FOR THE RAILRAoD.
Mr.. George E. Hamilton represented the
railroad. He thought every one knew that the
Baltimore and Ohio Railroad Company
had for three years been making every
effort 70 do away with grade cross
ings He was constrained, however, to
say the railroad company had not received the
cooperation of the people of the northeast.
He gave history of the location of the rail-
road in the city. At that time the railroad
company was required to submit the plans,
specifications and grades Of its tracks.
This was done and the authority formally sp
proved, as Is shown in the minutes of the mu-
nicipal board of May 81. 1850. When the ap-
provl was given. he continued, the railroad
company was required to alter the existing
grade wherever it should be found
necessary. The railroad company contended, he
said. that it had the right, in view Of the
approval given when the road was constructed,
TO occupy the streets. If IL were otherwise the
company would be in the position Of having to
change Its tracks whenever the Commissioners
changed the grade OF the streets.
Such law would be monstrous and would
throw great burden upon the railroad COM
pany. The subsequent acts TO the one OF 1881
be thought had no retroactive effect upon the
former law. II change made it
Commissioners As matter of law Congress
was the only power to regulate the first ques-
ton. About the other matters he thought
the Commissioners could inquire into
them and act accordingly. II the
Commissioners would investigate the matter
the railroad company would take pleasure in
cooperating and do everything reasonable for
the safety of the public. The railroad COM
pany wanted to make all crossings and its tenure
upon the streets safe possible. The rail-
road was not present to oppose any just meas
ure.
THE ACTION TAKEN.
In the desultory conversation which followed
the several bills which were pending in the last
COngre 5 looking to solution of the railroad
problem were discussed. Commissioner Douglass
said the first question would be referred to the
attorney and the other three questions they
would consider themselves.