Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-23

speed which endangers life and limb is not
an offense indictable at common law, when
1t can be shown that the servant is obeying
the orders of the master. is the RESPONSE
bility SO divided that neither can be reach
ed?
~. When trains almost continuously
blockade a street and obstruct passage,
where does the criminal liability lie?
Il most sincerely hope that you win not
stand in the way Of a full investigation Of
these propositions. either or all Of which /
am ready to reduce to a specific charge, and
to sustain by the evidence of hundreds Of
outraged citizens. There are many other
charges that ! might submit, but II these
are not sufficient be kind enough, at least,
to allow the grand jury to suggest such
remedy as to them may seem proper for
congressional action. The District govern
ment seems powerless to afford protection,
and If the United States government is also
no remedy but mob law. which. on at least
one recent occasion, l took a humble part
In advising against"
The Last Letters.
The reply came on the 18th, as follows
Your letter of the 10th instant contains
the first statement of specific grievances
against the Baltimore and Ohio Railroad
Company which l have received. The first
charge. of the unlawful occupancy of the
tracks of the ~ at Delaware avenue ard
l street northeast, and in Delaware avenue
between H and l streets northeast, is new
to me; If substantiated, it may afford
ground for indictment. ! presume you have
not made the charge without first carefully
informing yourself of all the facts. Such
information as you may possess may be
OF great service to me in my investigation
of the question involved, and 1 shall be
obliged if you will furnish it to me at your
earliest convenience. Please advise me also
of the height Of the railroad tracks above
the surrounding level at the points intend
ed to be indicated by your charge No. 2.
Let me say in conclusion that the express
sion OF hope by you that Will not stand
in the way Of a full investigation of these
propositions was unnecessary. l have had
no disposition to stand in the way of the
prosecution of the Baltimore and Ohio Rail-
road Company for any specific offenses
which it may commit on the contrary.
recognize the wrong which has been done
to the people of Northeast Washington by
the conduct of this company in the man.
agement OF its railroad, and am quite will
ing to forward any investigation which
may have for It's purpose the bringing of
the company within proper control
Then came the last Of the series. in
reply from Mr. FriZZell to Mr.. Birney, in
which he said:
Il very cheerfully comply with your re-
quest under date of 18th instant, and for a
very complete resume of railroad legislation
in this District. prepared by Hon. A. G:
Riddle, while attorney for the District Of
Columbia, and published in the annual re-
port of the Commissioners for 1887, / re-
specially refer. Near foot of page II you
will find this language: 4 find no authority
whatever for the crossing Of Delaware ave-
nue. and l street in the union Of the branch
es of this road-the Y, as 1t Is called This
bit Of track Is not a branch Of either branch.
1t Is merely a turning of each into the other
at this point without the assent of Congress
or of anybody by 1t authorized to assent
thereto. Were 1t indicted for maintaining a
nuisance or obstructing these streets.tt would
be without any defense. AS to my charge.
No. 2, as indicated by you, l am one of
those land know others whose recollection
agrees with mine) who remember the strap
rails used on the Baltimore and Ohio. laid
upon stringers or sleepers about on level
with the surface on either side Of the then
single track. About the year 1855 the strap
rails and sleepers were superseded by the
cross ties and stouter rails, the cross ties
been laid on the then existing surface. and
the thickness of the rails has been increased
from time to time, until the present Trails
are inches high. which, added to the thick
ness of cross ties. 10 inches, makes Is
inches; and broken stone ballast, about 8
inches thick under cross ties. makes a diff
ference of at least % inches between the
level authorized by the act of 1885 "A Stats,
$50 and the present level of said road.
This elevation is identical with said road
way from II street to Florida avenue hut
may be safely charged to exist from Sd to
Sth streets northeast, which can be sus-
tanned by several reputable witnesses Pro-
files of this level are said to be extant, and
may be within the reach of your office
Holding myself in readiness to serve you In
this matter, 1 remain"
other Business.
After the correspondence had been read,
Mr. Frizzell stated that he would press the
matter, with the object of securing some
definite action by the district attorney.
On the motion of Mr. Tucker. the action
of the president of the association was ap-
proved. and the committee on railroads was
instructed to render him all necessary as
sistance --r'
The committee on sewers, on the motion
of Mr.. Carver. was Instructed to induce the
District Commissioners to include the Trini-
dad sewer in next years estimates.
Mr. Tucker, from the committee on pro-
posed legislation, stated that two great pc
titions had been signed and prepared for
submission to Congress in favor of via
duct for the use of the Baltimore and Ohio
railroad in entering the city, and in that
way doing away with surface tracks, which
petition would be shortly presented to each
House of Congress.
A motion having been made to appropri-
ate So for the associations share Of the
printed report of the representatives of the
District Citizens Association relative to the
DeArmond bill. the motion at first met
slight opposition, but after some discussion
in which it was pointed out that the report
was most valuable Que, the motion was
unanimously adopted.
On motion of Mr. Evans, the secretary
OF the association was directed to convey
to the East Washington Citizens Associa-
ton the thanks of the Northeast Citizens
Association for the formers cooperation
with the latter in railroad matters
MIR. Miller offered an amendment to the
constitution rrla ynnf
over for a month, placing the annual dues
at 81, payable quarterly.
The association then adjourned.