Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-02
A B. & O. HEARING
The Rights Of the Company in Its
Occupancy of Streets.
GENERAL WIN. BIRNEY'S ARGUMENT
Mr.. HamIton's Claim of the Right
of Eminent Domain.
COMMITTEE CUES TION S

The 3. and o. Railroad Company had a
hearing before the House District COM
mittee this morning touching the legal
rights Of the company in its occupancy
of its present grade. fixed by act of
Congress. The railroad company was
represented at the hearing by Vice Presi-
dent King of the B. and o. and Mr.. Geo.
E. Hamilton. The Northeast Washington
Citizens Association was present In the
persons of President Frizzell and Mr..
Tucker, together with Prof. Gallaudet,
Rev. Mr.. Seymour. Mr.. Chappelle. Mr..
Fague and MIR. w. c. Dodge. Gen. VIM.
Birney was present In behalf of the East
Washington Citizens Association.
MIR. Hamilton's Address.
Mr. Hamilton first addressed the commit
tee and said the B. and o. does not assert
right in opposition to the wishes Of Con-
gress, to be used belligerently in opposi-
ton. but that the company wishes to con-
travert the position which seems to be as
serted by the Citizens Association that the
b. and .. is a wrongdoer and is here
without authority. The company is here
by legal authority, possessing rights which
do not expire until 1910. OF course Con-
gress can exert the power of eminent do
main and can assert the strong arm Of
the government in this in the cases of
private individuals In answer to a ques-
ton by Mr.. Cooper of Florida Mr.. Hamil-
ton said the rights were conferred by act
of Congress and carried into effect by ordi-
nances Of the council and aldermen Of the
city and contracts with them.
Mr. Cooper called Mr.. Hamilton's atten-
ton to a decision which was rendered in
the Supreme Court of the United States
February .. 1894. in which it was held as
follows:
ut is likewise thoroughly established in
this court that the inhibitions of the Con-
stitution Of the United States upon the
impairment Of the obligations of contracts
or the deprivations Of property without
due process or Of the equal protection of
the laws by the states are not violated by
the legitimate exercise of legislative power
In securing the public safety, health and
morals The governmental power Of self
protection cannot be contracted away, nor
can the exercise of rights, grants nor the
use OF property. be withdrawn from the
implied liability to governmental regula-
ton in particulars essential to the preser-
walton Of the community from injury
This was the case of a railroad company
which contended that a state had no au-
thority to change the grade Of a railroad
company, the n. Y. and N. E. r. r. Co. VS..
the town Of Bristol.
Mr.. Hamilton said that the present propo-
sition is not merely one to change "a grade.
but to change the line of the road, to re-
move IT from one street to others.
Gen. William Birney then addressed the
committee In behalf of the Northeast
Washington Citizens Association and the
East Washington Citizens Association.
Gen. Birney's Argument.
Gen. Birney stated that he had been re-
quested by the East Washington Citizens
Association to controvert the proposition
advanced by the Baltimore and Ohio Rail-
road Company that for the use of its
tracks in this city and the District 1t has
vested rights which Congress cannot con-
stitutionally regulate by law. He disclaim-
ed any unfrendly spirit toward the COM
pany. which he regarded as one of the
potent factors in promoting the prosperity
of the District and of the country.
Conditions have changed in this city"
he said, since license was given to the
company to extend lateral branch into
1t. In 1881 there were but few scattering
dwelling houses in Northeast Washington :;
the streets were ungraded; the travel in
vehicles rare; there were no stores. For
many years the steam cars passed and
repassed without either impeding travel
or endangering persons or property. But
with the enormous growth of population
of local trade and travel in that quarter
and an equally great increase in the bust
ness of the railroad company and number
OF Its cars, the passage of vehicles is ar
rested for hours daily and accidents have
become of frequent recurrence at the rail-
road crossings. At the last meeting of
your committee for hearing this subject
the citizens submitted proofs of 103 casu-
alties at the street and railroad crossings
in Northeast Washington, of which twenty
four resulted in death and seventy nine in
the mutilation or Gripping of the victims 1t
appeared, also, that the inhabitants of that
quarter live under the shadow of con-
slant apprehension of danger to themselves
and children. When the hour approaches
for a railroad train to pass every mother
gathers In her children, and, If one is miss
ing, she lives in fear until the lost one is
found.
'In this state Of things the people demand
of Congress to revise its legislation and to
enact effective laws to prevent the stop
page of travel and give security to persons
and property at the railroad crossings"
A Case That is Not Parallel.
The railroad company. he said, pleads
that it is protected against such laws by
the principle of the Dartmouth College
case as laid down by the Supreme Court
of the United States. On this ne Joined is
sue with them. He claimed that the facts
underlying the Dartmouth case did not
make 1t parallel case. There was moth
ing in that case endangering the lives of
neighbors or destroying their comfort in
the enjoyment of their homes. 1t decided
one point only, and that a narrow c,.e. To
understand the law of the subject all the
cases must be studied. In several cases the
Supreme Court has upheld the right of
state to legislate so as to make charter of
no tIltCl. 1lTIleS Clleu a NUMBER
cases in which he claimed this principle
was maintained and quoted also from the
text book writers and said they could re-
gard 1t as fully established by the court
that the doctrine of the Dartmouth College
case is to be supplemented and limited by
the doctrine of the police power, which is
declared by the court to be essential to all
governments, fundamental, indestructible
and inalienable. 1T u.s." he said under
this power that valid laws have been BASS
ed in all the states to regulate the property
in dangerous places, to provide for erect
ing barriers on wharves for protection of
life to compel gas companies to abate the
nuisances of foul odors and of running tar
into streams. to compel railroads to light
their tracks in cities, to heat their cars with
steam to use locomotives which do not
scatter Goals on the tracks, to use smoke
stacks which do not scatter sparks to limit
the speed of their cars i'll towns or densely
populated neighborhoods, to change the
grade of the levels which they run to
build fences along tracks rs TO prevent
destruction of cattle, TO build depots and
shelters at crossings, to build the crossings
themselves.
Police Power of the Government.
After citing a dozen cases On these
points Mr.. Birney said these We're all APP
plications of the police power, and are sus-
tanned by all the courts il the country
hirrl,.nst