Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-23
THREE PROPOSITIONS
Presented to the House Committee
by the Metropolitan Railroad.
THE PROCEEDINGS TODAY
One Proposition is in the Nature
of a Compromise.
MR.. WILSON'S ARG UMENT

At meeting Of the House Dictrict COM
mittee today the Metropolitan Railway
Company submitted three alternative prop
ositions for the settlement of the pending
question of changing the motive power
without affecting the suit of the District.
The propositions were submitted by Mr..
Nathaniel Wilson in writing as proposed
amendments to the pending bill and are as
follows:
First. "Whereas, in the case of the
District Of Columbia against the Metropol-
itan Railway Company, defendant at law,
No. 2245S on the docket of the Supreme
Court of the District of Columbia, the Su-
preme Court of the United States reversed
the judgment entered in said case by the
said Supreme Court of the District of Co
lumbia and gave judgment in favor Of the
said Metropolitan Railway Company on the
pleas of the statute of limitations. but did
not pass upon or express any opinion as to
the other pleas filed in said case.
THE said Court of Appeals of the District
Of Columbia is hereby authorized and en-
powered and is given jurisdiction to con-
slider and determine all the pleas filed in
said case by the said railroad company
except the said pleas relating to and set
ting up the statute of limitations, and to
| consider, determine and adjudicate all the
Issues raised by said pleas, except the is
sues relating to the statute of limitations
| as presented by and contained in the record
OF the Supreme Court of the United States;
a copy of said record duly authenticated
shall be certified by the Supreme Court of
the District of Columbia to the said Court
| of Appeals. which said court shall have
Jurisdiction thereof. as though the same
| came before the said Court Of Appeals
upon appeal duly taken from the Judgment
| OF the Supreme Court Of the District Of
Columbia holding a special term
Not AN Waiver.
| The second proposition is as follows:
Provided that nothing in this act shall
| be so construed as to invalidate or in any
wise affect the suit now pending in any
| court Of the District of Columbia against
the said company for the forfeiture of its
charter for non-performance cf its duty
/ in respect Of having the spaces between
/ Its tracks and two feet beyond its exterior
| rails and the non-payment Of the cost
! thereof. but the said proceeding may be
prosecuted to final Judgment as though
| tnis act had not been passed, and this act
| shall not be taken or held to be a waiver
of any existing right or cause of forfeiture
asserted In the said proceeding. and pro-
viced further that IL in said proceeding
it shall be adjudged that the charter of
said company be forfeited then such judg-
ment may and shall be fully cancelled and
vacated by the payment by said company
to the DistrfcF Of Columbia OF the sum
of Sl4I,5O1.05 within ninety days from the
rendition of said judgment, and thereupon
| the said company shall be vested with all
the corporate rights, powers and subject
to all the duties and obligations conferred
or imposed upon it by its original charter
and the amendments thereof"
| Proposed Compromise.
| The third proposition Is to pay to the
District the entire amount of the alleged
cost of the work done between 18th street
and the Capitol, which was the only portion
of the road constructed and in operation at
the time of the board of works existence.
| This proposition calls for the payment of
! $il,l00 and excludes only the amounts
claimed for work on streets and avenues
where the company had not constructed its
road. and was not operating at the time.
| This proposition is in the nature of a
| compromise of the case, and provides, as a
basis for compromise. the work on that
portion of the road in operation at the
| time the debt was contracted.
| We are endeavoring, in good faith, to
meet all the objections" said Mr.. Wilson,
| in presenting these offers. 'and are willing
| to accept either one of them.
| Jere Wilson's Argument.
| Mr. Jere Wilson then addressed the COM
mittee upon the question whether Congress
can by an act recognize the existence Of
| the corporation and yet at the same time
prevent that recognition from operating as
a waiver of forfeiture of charter Mr. Will
son contended that Congress has that
| pOWSi, anu ilduc Sholt feSdl
to sustain his position, promising 10 sub
init his argument later, in writing, with
| the authorities quoted.
Held Under Advisement.
The United States attorney and District
Attorney Thomas were detained at their
offices in preparing briefs upon the COM
pany's proposition of yesterday. and did
not get to the hearing until a late hour.
They thereupon submitted their briefs,
which are published in another column
| The committee received the propositions
| of the railway company and the briefs of
the government attorneys, and will take the
matter under further consideration.