Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-20
STREET RAILROAD LAW
Provisions Of the Important Bill Recently
Introduced by Mr.. Mcmillan.
The Rights of Property Owners and of
strictions as Well a. Privileges.


tains several important features. In the
first plan the bill provides THAT the Com
missioners Of the District of Columbia shall
not hereafter permit to be constructed in
either streets or avenues of the District of
Columbia railroad for the transportation
of passengers without the consent thereof
OF a majority in interest of the owners of
the property upon the streets in which said
railroad is to be constructed first being had
and obtained. For the purpose Of deter
mining what constitutes said majority in
interest reference shall be had to the as
sessed value of the property located upon
any such street or avenue"
No grant to construct railroad shall be
made except to such person or persons "as
shall give adequate security to comply in all
respects with the terms, conditions and
stipulations to be prescribed by Congress,
and will agree to carry and convey passeng-
ers upon such railroad at the lowest rates
Of fare; nor shall such grants be made
until after public notice of intention to make
the same and of the terms, conditions and
stipulations upon which 1t will be given,
and inviting proposals thereof at the speci
fled time and place shall be published under
the direction of the Commissioners of the
District of Columbia in one or more of the
principal newspapers published in the city
of Washington"
The Capital Stock.
This act is not to be held to prevent the
construction, extension or use of any rail-
road In the District which has already been
constructed in part. Not less than thirteen
persons can form a company for operating
a street railroad. The capital stock shall
not be less than $4,000 for every mile of
road constructed or proposed to be con-
structed. and the number Of the directors
shall be not less than seven or more than
thirteen. the articles Of association, signed
by the persons forming the company, shall
be filed in the Office of the Commissioners
CT the District of Columbia when 81 600 Of
stock for every mile of railroad proposed
to be constructed has been subscribed there
20, and 10 per centum paid thereon, in good
faith, in cash to the directors named in said
articles of association, and when there is
Endorsed on said articles of association or
annexed thereto, an affidavit made by at
least three of the directors named in said
articles, that the amount of stock required
by this section has been in good faith SUBJ
scribed and 10 per centum paid in cash
thereon as aforesaid, and that 1t is intended
in good faith to construct or to maintain
and operate the road mentioned in such
articles of association, which affidavit shall
be recorded with the articles of association.
The secretary Of the board of Commits
sioners of the District of Columbia shall
indorse on said articles OF association the
day they are filed and record the same and
him for that purpose; and from the date of
such filing the persons named who have so
subscribed such articles of association, and
all persons who shall become stockholders
in such company, shall be corporation by
the name specified in such articles of as
ISOLATION, and shall possess the powers and
privileges granted to corporations. and shall
be subject to the conditions contained in the
general corporation laws of the District of
Columbia. No existing street surface rail-
road company shall extend its line or con-
struct any branch thereof under this act
until 1t has made and filed with the board of
Commissioners of the District of Columbia
a certificate signed by its board of directors,
which certificate shall contain a statement
of the names or description of the streets,
avenues, and highways in which such eX-
tension or branch is to be constructed, the
places from and to which the same is to be
constructed, maintained and operated, and
the length thereof as near as may be.
Consent of Property Owners.
The consent to the construction of the
road is to be in writing of the owners of
ore-half in value of the property bounded
on, and that the consent also of Congress
be, after the passage of this act, first OBJ
tanned. The consent of such owners shall
be acknowledged as are deeds entitled to be
recorded Any consent so given
by Congress shall cease and determine at
the expiration of one year thereafter, unless
company obtaining such consent shall have
filed the consent of the requisite amount in
value of property owners or the determina-
ton of commissioners confirmed by the
court as herein provided. The consent of
Congress, given as aforesaid, shall operate
as the consent of the United States as the
owner Of any property along the proposed
route. In case the consent of property own
ers required by any provision of this act
cannot be obtained the company failing to
obtain such consent may apply to any gen.
eral term of the Supreme Court of the Dis
trict of Columbia for the appointment Of
three commissioners, to determine. after 4
hearing of all parties interested, where such
railroad ought to be constructed and OPP
Grated.
That notice of such application shall he
served personally upon each property owner
rot having given his consent by delivering
the same TO him or his agent or represe nta-
tive, as such owner, agent or representa- tive
appears upon such assessment roll of the
District of Columbia, or by mailing the
same, properly folded and directed, to such
owner. agent or representative. at the post
office nearest his usual place of residence
with the postage paid thereon, at least ten
days prior to such application. If the per-
son on whom such service is to be made Is
unknown, or his residence is unknown, and
cannot, by reasonable diligence. be ascer-
tanned, no service of such notice. personally
or by mail, need be made. And said gen.
eral term of the Supreme Court to which
such application is made, upon due proof of
tNe SeTNlcc dlOTtSdlu, Snail appoint three
disinterested persons who shall act as COM
missioners, and said commissioners, within
ten days after their appointment, shall
cause public notice TO be given of their first
sitting in the manner directed by said gen.
eral term, and may adjourn from time to
time until all their business is completed.
The Commissioners to Decide.
That the said commissioners shall deter
mine, after such public hearing of all par
ties interested, whether such railroad ought
to be constructed and operated, and shall
make report thereon, together with the
evidence taken, to said general term, and
their determination that such road ought to
be constructed and operated, confirmed by
said court, shall be taken in lieu Of the
consent of the property owners before men,
toned. Such report shall be made within
sixty days after appointment of said COM
missioners, unless the said court or a Judge
thereof shall, for good cause shown, extend
such time.
Companies Incorporated or operating a
railroad constructed under this act shall an
nually pay into the United States treasury
for the use of the District four per centum
of its gross receipts. For failure to pay, a
penalty Of per centum month is proyid-
ed. A report of the gross receipts is to be
made to the Commissioners and the books
of the company shall be open to the inspec-
ton and examination Of the Commissioner
1.-THE corporate rights, privileges and fran