Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-08-07
METROPOLITAN'S CHARTER.
District Attorney BiIney Will Move
Against 1t at Once.


As stated In Saturdays Star the Attors
ney General on that day directed District
Attorney Birney TO institute proceedings
against the Metropolitan Railroad Company
Of this city to forfeit its charter for the
failure Of the road to comply with the pro-
visions OF section of tho act OF Congress
approved August G. 1890. &C Stats. 2ss, chap.
a2i) as modified by the joint resolution %
July % 1892
As heretofore explained in The Star, the
act Of 1880 required the road to equip itself
with some other than horse power (the
trolley excepted for moving the cars. and
gave the road two years In which 70 so
equip itself At the request of the road
this time was extended for the period OF
one year by a joint resolution OF Congress-
approved July %, lss2.
ON the oath OF last month, two days after
this extension had expired. the District
commissioners called the attention OF the
Attorney General to the fact that the road
had failed to comply with the requirements
OF the law In the matter, and IL was IN
consequence of this notification that the
district attorney was on Saturday directed
by the Attorney General to proceed against
the road, unless" as explained In the
letter of the Attorney General. some good
reason is known to you Ohe district at
taken"
No Delay.
District Attorney Birney stated % a
no good reason why he should not ihsti-
tute the proceedings directed to be taken.
and that he would file the necessary infor-
nation as soon as 1t could be prepared
That. he thought, would require several
days work, but he believed that the infor-
nation could be prepared in time 10 allow
IL 70 be filed some time this week
While there was now pending in the Su-
preme Court of the District a proceeaiag
against the road to forfeit fits charter be-
cause of its failure to pay the District the
sum Of Af, 1905 expended by the District
in the Improvements of the roadway With
in and adjacent TO the tracks of the read.
with interest from May ]. 1854. still that
would not prevent him, stated the district
attorney, from instituting the latter lro-
ceedings.
1t was his purpose. explained Mr.. Birhey,
70 cal up the trst case as early in next
10 press it TO a conclusion. The case would
come up on the demurrer OF the govern
ment to the pleas filed by the company.
and should the demurrer he sustained a for
feiture OF the company s. charter would. of
course. at once follow This done. the Sow
eminent would ask the court 10 appoii,t a
receiver for the road who would. under the
direction OF the court. conduct the basi-
road.
Course of Procedure.
In the event of the governments denur-
rer being sustained by the District Supreme
Court. the district attorney stated that an
! appeal would undoubtedly be taken by the
road 70 the Court OF Appeals and IN che
further event Of decision by that court
adverse to its contention the road would IN
All probability, carry the case to the
United States Supreme Court.
But Notwithstanding such q course Mr..
Birney stated that he was confident that
the case would be finally disposed OF in
both the Court OF Appeals and the United
| States Supreme Court In a few months
| time. For. he explained. should the Sovern-
ments demurrer be sustained by the Dis
| trict Supreme Court. he would. on the ex-
pecteo appeal by the company, move that
The case be advanced TO an early hearing
| In the Court OF Appeals. and he had no
| doubt that the same course would be pur-
sued by the Attorney General should the
case reach the Supreme Court on ss appeal
by the read.
Effect Of Forfeiture.
Speaking Of the effect of a forfeiture OF
the roads charter, the district attorney
explained that IL would mean the utter
loss OF all Of the corporate rights Of The
road. its right TO hold. purchase and dts
pose of real and other property. It's right
| to occupy any and all streets. and. indeed,
4 the loss Of each and every right granted
| under and enjoyed by virtue OF its char
ter.
| In other words" remarked Mr.. Birney,
| 'the forfeiture OF the roads charter woald
mean its perfect humiliation. for II woald
! then cease TO exist. and after the sale OF
| its effects its creditors would be paid and
! the balance would then be divided amoug
/ the stockholders"