Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-08

Some days ago the Commissioners submit
ted to the attorney for the District for
his opinion the question OF the right Of the
Commissioners to order q change Of grade
in the streets and avenues OF the city at the
crossings Of the main stem Of the B. and o.
railroad coming into the city, and whether the
Commissioners could require the railroad COM
pany TO fence its tracks, except where they
cross streets or avenues and whether they may
require the company TO erect guard
gates Of the most approved pattern across each
street or avenue crossed by its road. The ques-
tons were also asked whether the Commits
sioners could require the company to keep
competent Waterman by day and night At each
crossing and whether the Commissioners should
cause electric lights to be provided at each
Of the crossings of this railroad in the city.
Under the administration Of Attorney Hazie-
ton these questions were returned with .
recommendation that copy Of tine resolution
containing the questions be served upon the
railroad company and day set for the hearing.
The hearing Was had and an account Of the
same published at the time In TEE STAR. and
the points raised again submitted for opinion
Attorney Thomas has rendered an opinion, in
which lie says:
The act Of Congress- approved March 2,
1881 a Stat, f76, authorizing the Baltimore
and Ohio Railroad Company to extend lis
road into the District of Columbia. after
providing for the condemnation of land &C..
| declares that Whenever the said company
in constructing its road shall find il necessary
! TO cross or intersect any established road,
| street or other way il shall be the duty
| OF said company 90 construct the said rail.
road across said established street, road or other
| way. so es not TO impede the passage
or transportation OF persons or property along
| the same and thai the company, in con-
structiug the said road, shall enter the CITY Of
Washington IN such places and shall pass along
| such public streets or avenue % such poiue
or terminus within the SAID city q Tho
said company shall md best calculated to pro-
mote the best interests OF the said road; pro-
vided, that the level of the .Aid road within the
said city shall conform 70 the present
graduation OF the streets unless the
said corporation shall agree to diff
fersnt level II is 70 be presumed that when
the Baltimore and Ohio Railroad Company
came into the city with the main stem OF its
road. it constructed its roadbed aud track
across the streets and avenues mentioned in
the resolution, on the grades as they stood,
aud SO a., IN the Judgment OF the authorities
of the late corporation Of Washington, not TO
impede the passage or transportation OF
persons or property along the same
/ am unable TO ind any later act of Congress
relating TO the baltimore and Ohio railroad
viding that the level OF the said road within
said city should conform TO the graduation of
the streets. This being the case 10 il
doubtful whether the Commissioners under
ment OF the streets and avenues OF the CITY
have authority TO alter the grade o. he streets
and avenues crossed by the baltimore and
Ohio Railroad Company's main line and to
compel the railroad company TO conform TO
such altered grade / am therefore unable
n Id hat has
to change the grade of a street crossed by the
Baltimore and Ohio railroad, to disturb
the compsnys occupation
FENCING THE TRACKS.
As to the second proposition contained in the
resolution, namely, that the railroad company
be required to inclose its tracks except where
they cross q street or avenue, with sub
stantial fencing within the city limits,
1 think this is matter the Com
missioners may require the company to 20,
if in their juagment the public safety requires
II: and this under the power OF the Com
missioners to make sucn reasonable police
regulations they deem necessary to protect
life and limb. In reference TO the thIrd propo-
siuon, that the railroad may be required
to erect guard gases at street crossings the
Commissioners ON the same principles have the
power TO require sccn gates 20 be erected
If in their Judgment they necessary 10
the protection OF life and limb. As to the
fourth proposition contained in toe resolution
namely. that the railroad company be re-
quired TO keep competent watchmen ION duty
both day and nigh. at each crossing" doubt
the power OF the Commissioners 20 require .isis
OF the company. In relation 10 the
fifth proposition, that the Commissioners cause
electric Lights 20 be placed each OF tine street
crossings Of this railroad. that il matter within
the discretion Of the Commissioners, and is TO
be considered with references alike 90 the nsces-
stiles of the case ard the money TO provide for
the expense of such lights, at the disposal OF tas
Comm iseioners."