Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-07
CALLED TO ACCOUNT.
Proceedings Begun Today Against
the Metropolitan Road.
IT MUST DEFEND ITS CHARTER
The United States Asks the Court
to Adjudge It Forfeited.
VIII AT THE BILL ASSERTS.

Today District Attorney Birney. acting
on behalf of the Attorney General. filed an
Information In the nature of bill Of quo
warranto in the Supreme Court Of the Dis
trict on the law side against the Metro
politan railroad Of this city, for a forfeit
ure OF the roads charter, because of the
failure of the railroad to substitute ether
motive power than horse power to propel
It's cars within the time prescribed by Con-
| gress which period expired on the ed of
last July. AS heretofore explained in The
otar' there Is already pending in the Dis
| trct supreme Court similar Information
against the road praying for the forfeiture
OF Its charter, because Of the failure of the
road to pay the District Judgment rendered
| against 1t some years ago, for the paving
OF the space between and adjacent to the
tracks OF the roads. OF course, tn. two
ihtormations, while having the same OBJ
Ject' VIII be heard independently of each
e otner; "A decision Of the court respecting
| the nrst one Is expected In one or two
montns' time. and 1t is not improba Bile that
| the OIL nled today will not be heard until
M M.he other is disposed of. forfeiture of
| Uo,,iS au os cnarter on the first Information
one filed today y" VIC
What the Bill Sets Forth,
| The bin filed today begins nv ouot,re ~
| length from the act approved July I 1854
Incorporating the Metropolitan Railroad
| company. authorizing the company to
| operate railway in the District with the
| right TO run thereon carriages drawn by
horse power" and providing that this act
may at any time be altered amended or
| States"
| Subsequent acts amending the route and
tne act OF July Ii. 1853, Incorporating the
connecticut Avenue and Park Railway
company the franchise of which passed
by assignment In 1874, to the Metropolitan
| company, are quoted also the act Of the
legislative assemblies of January IS, and
Union Company and the Boundary and
| Silver Spring railroad which were likewise
swallowed up by the Metropolitan COM
| pany.
All Of these charters were granted sub
| ject to amendment or repeal by Congress.
| The bill then goes on to say:
And said several lines have continuously
| since their construction as aforesaid, to-
| wit: at divers times prior to March 2, 1882
| and down to the filing Of this information
! been maintained and operated by said Met
thereon being propelled by horses. as au-
| thcrized by said several acts of incorpora-
/ ton.
And on the said I'd day of March. 1889,
| there was approved by the President of the
| United States public act Of the Congress
lQfethe United States entitled IAN act MAX
Ing appropriations to provide for the ex-
penses of the government of the District
| of Columbia TO- the fiscal year ending June
| thirtieth, eighteen hundred and ninety, and
| for other purposes" (25 Stat. L.. D. $50 In
| which act it was. among other things, pro-
| vided:
That any company authorized by law to
| run cars propelled by horses within the
| District Of Columbia Is hereby authorized
| to substitute for horses electric power by
storage or Independent electrical batteries
I UNDERGROUND cal
moved by steam power on the whole or any
portion of its roadway with authority to
purchase and use any terminal grounds
and facilities necessary for the purpose"
And further It was provided by said act
| that SO much of the charters OF the street
| railway companies of the District of Column
| bia as were inconsistent with said act were
repealed.
And thereuron and thereafter the said
Metropolitan Railroad Company availed it.
| self Of the privileges conferred by the said
| buildings and machinery designed for the
| production Of electricity, and constructed
| cars to be operated by storage or independ-
ent electrical batteries, and from time to
time caused said cars so operated to be run
over and upon certain Of its lines of street
| railways.
The Act Requiring the Change.
"And that afterward, by an act of the
Congress Of the United States entitled An
act making appropriations to provide for the
| expenses of the government of the District
Columbia for the fiscal year ending June
| thirtieth, eighteen hundred and ninety-one
and for other purposes, approved by the
| President Of the United States August g.
1890, 1t was, among other things, provided:
| " That any street railroad company in the
| District of Columbia authorized to run cars
| drawn by horses which has changed or may
| change its motive power on any of its lines
| now constructed to cable or electricity or
| change its rails in accordance with the pro-
| visions Of law, shall have the right to issue
| and sell, at the market price thereof stock
| of said company to an amount necessary to
| cover the cost of making said changes, the
| cost Of said changes and the amount of said
stock sold. together with the price per share,
to be fully set forth. under the oath Of the
| president OF said company, and filed with
| the Commissioners of the District And any
| company availing itself Of the privileges
| herein granted shall within two years, who'll
| ly dispense with horses as motive power
| on all portions Of its line and substitute
| therfor the power provided for in the act
| making appropriations for the expenses of
| the government of the District Of Columbia
| approved March second. eighteen hundred
| and eighty-nfne, or pneumatic or other mod
ern motive power which shall be approved
| by the Commissioners Of the District of
| Columbia, but nothing in this act contained
| shall in any wise authorize the use OF over
head appliances: Provided That II any such
company operating a line or lines Of street
| railroad from Georgetown or WestWashing-
| ton to and beyond the Capitol grounds shall
| fail to substitute for horse power the power
| herein provided for on all its lines within
| two years from the date Of this act such
| company shall forfeit its corporate fran
| chises.'
| And that at the time Of the approval of
| said last mentioned act the said Metropoli-
| tan Railroad Company was operating a line
| Of street railroad from Georgetown or West
| Washington to and beyond the Capitol
| grounds in said act mentioned, to wit; the
| said line heretofore described, &C
| And that afterward. by a joint resolu-
| tion of the Congress Of the United States
| entitled Joint resolution extending the
| time in which certain street railroads COM
! PEELED by act of Congress, approved August
sixth. eighteen hundred and ninty, to change
| their motive power from horse power to
mechanical power, for one year, approved
| by the President July %. 1892, 1t was pro-
| vided as follows:
That the time within which the street
railroad companies availing themselves of
the privileges granted by the act making
| appropriations to provide for the govern.
nent Of the District Of Columbia and abb
! proved August sixth, eighteen hundred and
| ninety, so far as 1t extends to the Metropol-
itan Railroad. Is hereby extended for one
| year from the date Of the passage of this
| act: Provided, That SO fast as the cars
now building are equipped with storage bat
| teries they shall be placed on the road; :;
And provided further. that pending the
change the present equipment Of the road