Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-09
BALTIMORE AND OHIO
Both Sides Have an Inning Before
the House Committee.
Mr.. HAMILfON'S LEGAL ARGUMENT
Holds Congress Has No Authority
to Move the Road.
NO AC TON T A K E n

The House District committee today con-
tinued the hearing or the bill presented by
the Northeast Washington Citizens Assoc
citation requiring the Baltimore and Ohio
Railroad Company to change the route
and dispense with grade crossings.
The Baltimore and Ohio Railroad Com
pary was represented by it's attorney Mr..
Geo. e. Hamilton. Vice President King
was also present. The citizens associa-
ton was represented by Mr.. Frizzell and
Mr. Tucker.
Attorney Hamilton was heard first He
presented to the committee a review Of the
laws :N1 ordinances under which the
Baltimore and Ohio Company occupies its
present position, and held that the COM
pany has right to remain in possession
Of its present lines until 1910
Condition of Tracks,
Mr. Tucker submitted a statement Of the
present condition of the tracks:
1T is a well-known fact that this line of
tracks was laid when the northeast section
Oh THIS city was composed of a swamp and
commons; that 1t was sparsely settled and
the grade of the streets and avenues had
not been established. Conditions in the
past sixty years have undergone a complete
change, the swamp has been filled I'D and
together with the surrounding meadows and
pastures, has become the habitation of q
large population. This branch of the road
III lts route from Delaware avenue and III
street to the point on Florida avenue be-
tween 9th and 10th streets crosses or oc.
cuples the Iollowlng streets and avenues:
Streets and Avenues.
Second street-Railroad tracks thirteen
feet below grade; crossed by an old wooden
bridge, which is considered to be in a dan
gerous condition, and in order to reach the
bridge pedestrians are compelled to climb
up the side of dirt or mud bank and walk
vehicles "'o
Third street-Railroad tracks eight feet
below grade. This street is completeIv
blocked to the public and therefore render
gu Gu aosoluteIy useless, there being no cross
ing Tor PEDESTRIANS vehicles
PROVISION was made in the appropria-
ton Dill for the fiscal year ending June 70
1881. Tor paving this street, $4,000 Icing
the interference with the grade by the rail-
road tracks Congress In a sLuselur.t vi
inserted clause striking out the Item.
Fourth street-Railroad tracks practical
ly at grade.
Fifth street-Railroad tracks two feet
above grade. approached by steep inclined
unpaVed planes which are so steep as TO
make the crossing very abrupt. over which
q
thus unduly lengthening the time Ttey
must remain on the dangerous crossing,
SlNth street-Ratlroad tracks seven feet
above grade. This street is blocked 10 the
puphc, there being no crossing tor vehicle.
and pedestrians in order to cross are COM
pelled to climb up a steep embankment at
FISK 10 life and limb. This crossing is much
used by the children attending the Blair
Scnool, Out at the risk of their lives Pro-
vision had also been made by Congress for
improving this street several years ago.
but owing to the tracks being SO high ar
TINS point the improvement was not made
seventh Street-Railroad tracks six feet
above grade, with inclined unpayed p,anes
Tor vehicles, so steep as to render IL almost
impossible for loaded teams to cross and
Where light vehicles can cross the DANGER
Gus tracks only at a very slow pace by rea-
son or their abrupt elevation above Grade
9TH street-Railroad tracks four feet
ABOVE grade; practically closed to the pub
nc, mere being no footway or driveway
provided for its accommodation
9th street-Railroad tracks four feet
below grade; the intersection of l. street
ard the railroad is so near to 9th street
that one dirt road crossing is used where
pedestrians use the same roadway as do
horses and vehicles, and all reach the
tracks through mud about a foot deep in
vet weather.
81 street-This street is completely occu-
pied for several squares to the exclusion
or The public, the tracks being from thir-
teen to eight feet below grade between
"a and Sd streets and from two to seven
feet above grade bstween 9Th and 9th
streets.
* street-Railroad tracks five feet
above grade; this street, which is the
widest and one of the most used streets
In the northeast section, is practically
closed to the public at eth street Pedes-
! TRANS going east on X street leave side
walks behind them at 18th street and fol-
low well worn path until they reach
the tracks, which consist of the exposed
ties filled in between with broken stone
| and upon which the four rails lay each
being five-inch stumbling block and es-
pecially dangerous when one is hurrying
to avoid a train.
IL street-See 9th street.
Florida avenue-Rairoad tracks four
and half feet below grade. This avenue
has recently been improved and in order
to make II passable the avenue has been
given an inclination down to the tracks
and as the view Is cut off by high banks
this crossing is exceedingly dangerous, for
down grade cannot well stop until it gets
on the tracks.
Public Nuisance.
"In view of the above facts it is evident
tina, this branch of the road. which inter
fercd with but few at the time it was laid,
has become a public nuisance. preventing
| the improvement of the streets and the
building of property. endangering the lives.
and interfering with the peace and con-
venience of thousands.
Justice demands. in order to restore 10
! the public the right to the free use of the
streets, without danger to life, limb or prop
erty. that the track of this branch Of the
road be removed at an early date"
4 Big Petition.
| Mr.. Tucker presented to the committee a
petition in favor of the bill signed by sew
eral thousand citizens. headed by the fol-
| lowing names A. T. Britton, Lawrence
| Gardner Appleton P. Clark, John H. Ober-
! ly, f. Francis Riggs. John H. Ketcham
| Henry A. Willard, w. E. Edmonston, A. s.
Fox Jere NJ. Wilson, w. c. Dodge, John w.
Bahsen, Thomas f. Waggaman, E. j. Han
nan and Allen e. Clark.
| Wants improvements.
During the course of the arguments Mr.
! Tucker asked Mr.. Hamilton If he thought
| that the company's charter authorized it to
| occupy the whole of Delaware avenue with
its tracks, to which Mr.. Hamilton added
that the company is occupying only that
portion of the street which the District
| Commissioners have authorized
! In closing his argument Mr.. Hamilton
said the company admits the right of Con
| orr IN to oil 70. n,