Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-13
There are two points Of controversy i

There are two points Of controversy in
volved in the Metropolitan railroad dis
cussion, and they should not be confused.
The first has reference to the practical
rechartering of the road and the motive
power to be used by the road. and the sec
end Is the question of requiring the road
to pay its paving bill as a condition prece-
dent to rechartering. The people of the
city in general favor a rechartering of the
road anc waiver of the double for
fixture which has been incurred by
II provided the immediate use Of the
underground electric system upon the road
Is certainly assured, and the other condi-
lions attached to the rechartering are such
to properly protect the public interests.
The provisions LI respect to the change or
motive power cannot be too stringent, and
there ought to be stiff penalty clause.
involving even another forfeiture Of the
roads franchise in case of failure to COM
ply with these provisions. If, as repre-
scented in behalf of the company, nothing
but the underground electric system can be
Used upon the F street line. on account of
the curves, whereas either the cable or I'M
foreground electric can be used on the
9th street line and in respect to the latter the
company wishes to exercise an option as to
the choice between these two motive pow
ers, then ii would be better to provide pri-
marily for putting in the underground cleo
tric system on the F street line, AMI post
poning the work on the 9th street line in
stead of following the opposite course, as
proposed by the bill. The underground
electric system would chen in The 1rst year
be put into use over that part of the read
in respect to which the company says that
only this system Of rapid transit is avail
able, and In the work during the following
year on the 9th street line the company
might be permitted to use ei.her the ca
BILE or underground electric, as
II thought best. The principal
concern of Washington in this legislation is
that Congress shall compel the road. as a
condition of waiver of its repeated forfeit
ures. to put into operation as soon as pos
sible under conditions which shall not
tempt the corporation to deliberately throw
obstacles in the way of the success Of the
new system, an underground electric sys-
TEN over the whole of one of It's
great trunk lines The city is not par
ticular whether the system which has been
so successful in Buda-Pesth or the system
which is so successful in this city be en-
ployed But II calls upon it's common coun-
Gil and board of aldermen in Congress as
sembled to seize and rightly use this OPP
portunity of making distinct advance in
urban rapid transit, that is safe and I'M
disfguring. that threatens neither life nor
property. neither insurance rates, nor gas
and water pipes. and that is both practical-
.ly successful and entirely unobjectionatle.
This legislation will be another step toward
making the capital model in this regard
among American cities.
As to what shall be exacted from the road
in reference t. it's paving bill. Congress
may and must decide for itself The road
ought to have paid the money long ago. 1t
escaped through the statute of limitations
Congress declared that it must pay, not
witkstanding the statute, and declared its
franchise forfeited If it did not pay. After
the road had disregarded this command of
Congress. and its franchise was forfeited
as far as the power of Congress
could work this forfeiture Congress
legislated in respect to the road and
thus waived the forfeiture, and the pending
proceeding to enforce this forfeiture will
fail The present legislation also valves the
roads second forfeiture, arising from it's
failure to make change in its motor power.
Thus Congress has declared that the road
must pay the debt, has forfeited the roads
franchise for refusing TO pay, and has u-in-
tentionally waived this forfeiture by its own
act in subsequently legislating in re-
spect to the company. Unless Congress
now re-insists upon payment by the
road. not a cent will ever be paid. The
Commissioners are not to decide what
Congress shall do in the matter. Congress
may say what it said before. that the road,
to continue to live. must pay the entire
debt. or 10000 of the amount. or nothing
at all But it ought to say directly and
clearly what it does mean that the road
shall do. Any declaration that a waiver Of
forfeiture is not a waiver of forfeiture, or
any assumption that there is possibly a
power in the District 70 enforce the pay
ment of this debt the strength of a for
feiture. which Congress has Itself unnten-
tionally already waived, is worse than Lse-
less.