Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-10

make any preferences In furnishing cars
or motive power and may be used
transportation Of passenger and for the de-
livery and receiving of freight upon the
payment OF Q reasonable compensation there
for to the owners Of the road; and in case
Of dispute arising in regard thereto the
same shall be summarilv determined by the
Supreme Court Of the District OF Columbia
upon petition and answer: Provided, That
the bridge to cross the Potomac river.
connecting this extension with the
main line of said Norfolk and Western
duct or Free bridge. shall be so constructed a,
to cause the least obstruction TO the
navigation Of the river, upon plans
TO be approved by the Secretary Of
War, and 80 that its abutmenss on the north
side Of Potomac river and the construction
of the proposed extension at any point
shall not iujure or obstruct the use Of
the canal or Of the towpath Of the
Chesapeake and Ohio canal Provided how
ever, That nothing in this act shall be
acquire, occupy or use any portion Of the
waterway, BERN bank towpath or slope OF the
bank sustaining the said towpath or the lands
covered by such slope.
Sec. a That the said Norfolk and Western
Railroad Company be. and is hereby. author
lied and empowered to connect its line
and tracks with the Georgetown Barge.
Dock, Elevator and Railway Company
or with the tracks Of any other
connecting railroad company west OF 26th
street west which now enters or which NAV
hereafter enter the District Of Columbia with
the right to use the tracks Of any such railroad
upon such terms rs to compensation and upon
such conditions rs to the Of said tracks may
be agreed upon between the said companies, and
In case OF dispute arising as TO such compensa-
ton and conditions Of use the same shall be
summarily determined by the Supreme Court Of
the District Of Columbia upon petition and
answer, and the Of said road shall not be
interrupted by the tendency Of such proceed
ings.
Sec. g. That the said company shall have
power to construct and operate their said
extension upon. across or over such of
the streets and avenues OF said city
a. are upon it's said route. subject
to the approval Of the Commissioners of
the District Of Columbia: Provided. however.
That good, substantial and effective gates and
fences shall be placed along its said route or
across said streets or avenues wher-
ever the same may be required for
the protection Of the public in the
judgment OF the Commissioners of the District
OF Columbia as TO which the company shall
have due and sufficient notice
Sec. l. That il the corporation cannot agree
with the owner for the purchase of land that
may be required for its right of way, for the
construction, enlargement repair Of its
works, and for its stations and depot facilities,
vided for shall be exercised pursuant to the
provision Of chapter IS Of the Revised Statutes
Of the District OF Columbia. relating to railroad
companies, SO far as the same may be applicable
thereto.
Sec 5. That the said railroad company shall
have power and authority to borrow money and
to issue and sell its bonds from time to time for
such sums it's board of directors NAV deem
expedient and proper for the purposes
OF the company, the aggregate amount
thereof not to exceed the cost Of rights
OF way and construction, and NAV secure the
payment Of its bonds BY mortgages or deeds of
trust upon all or any portion OF its property in
the District Of Columbia. real or personal, it's
contracts. privileges and franchises acquired
under this act.
sion Of the road hereby authorized shall begin
within one year after the approval OF this act
and be completed within two years from said
date
Sec. T. That the Commissioners Of the Dis
trict OF Columbia shall have power to regulate
the manner and speed Of running the cars Of
said railroad within the corporate limits of
Washington and Georgetown.
Sec. 8. That where the line OF the Norfolk
and Western Railroad Company or the route
therefor as herein authorized shall coincide
with or occupy any portion or por-
Of any other railroad or transportation
company or corporation holding from Congress
a charser or authority to construct line of
| railroad. and such company or corporation has
not pursuant to such au, hority, actually graded
its roadbed and laid its tracks along and over the
whole of the said portion portions of its
said route, ready for the efficient operation Of
its line Of railroad before the first
day of October, 1898, then and in that
| event the Norfolk and Western Rail-
| road Company is hereby authorized to ac-
quire in the manner hereinbefore provided the
said portion or portions of the route or right
of way to grade its roadbed and lay tracks along
and over the same, and to occupy the same for the
operation of its line Of railroad as hereInbe-
fore provided; bnt should the said company or
corporation before the said date complete, in a
substantial manner, the grading of their roadbed
and the laying Of their lines of tracks ready for
the efficient transportation of steam railroad pas
senger and freight cars, then the Norfolk and
Western Railroad Company, from the point
where their tracks shall 30 coincide or
connect with the tracks of the said
company or corporation. shall use the
same upon the terms and conditions provided
in the second section OF this act TO its own
terminal point as hereinbefore provided: Pro-
vided, however, that nothing in this
section contained shall be SO con-
strued as to authorize the said rail-
road company to acquire occupy any por-
ton of the property rights or rights of way of
the said Chesapeake and Ohio Canal Company
without the consent of the owners of a majority
of the stock of said company or after condem-
nation proceedings and proper compensation Of
said Chesapeake and Ohio Canal Company.
Sec. 9. That Congress reserves the right to
alter. amend or repeal this act at any time.
An amendment WAS also adopted holding the
road liable for damages of any property or real
estate abutting upon any streets or highway
along which or over which the road is con-
structed. Such damages to be ascertained as
provided in chapter is Of the Revised Statutes