Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-30
COBBlE OR ASPHALT
The Attorney for the District Holds That
the Commissioners Can Decide.
The Railroad Companies Not the Sole
ROVER TO Select the Character of
the Paving Material.

the Paving Material.
Inc light against cobble stone paving
between railroad tracks has been a long
and bitter one.
When the Washington and GEORGETOWN
Railroad Company changed its motive LOW
er and constructed the cable road the Com
missioners unanimously decided again st the
use OF cobble stones for paving between the
tracks Their argument was that it would
destroy the beauty of the avenue, In fact.
would detract from the appearance of any
street paved with asphalt And so an order
was issued that hereafter no permit would
De issued to any street railroad to pave
between its tracks with cobble stone
But the making and enforcement OF an or
der are two different things, and it was rot
long before that order was forgotten and a
permit granted the Anacostia and Potomac
railroad to pave between certain portions
OF Its track with cobble. Other permits
have since been granted. but no one OBJ
Jected until the lexington and Soldiers
Home Railroad Company applied for a
permit to pave between its tracks. I'm GER
tain parts of lexington with cobble. Then
the property holders protested. They did
not want their smooth streets defaced by
strip OF cobble stone paving In the center
Inc commissioners had already granted
the permit, but promptly revoked II.
Then II was that the power of The Com
missioners was questioned and the alter
ney for the District appealed to for a legal
opinion on the case. The questions sub
United to him for opinion were: Does para
graph II Of section of an act providing a
permanent form of government for the Dis
trtct of Columbia give street railway COM
panies the right to use cobble stones or
lnnk q fxarr
fed in said paragraph?
In case said spaces have been paved with
asphalt or other improved pavement, have
such companies the right to replace such
blocks. In case a renewal of the pavement
Is permitted or required
The Attorneys Opinion.
The opinion of the attorney for the Dis
trict upon these important questions was
submitted today. and is as follows:
Much litigation has arisen out of the
efforts made by municipal corporations to
enforce the liability, real or assumed. of
railway companies to pave, repave and re-
pair streets. The existence of the obliga-
ton generally depends upon the interpre-
tation which may fairly be given to the
statute of ordinances prescribing the duties
OF the company. In this District the obli-
cation OF railway companies to pave, re-
pave and repair so much of the streets and
avenues as they occupy is imposed by
statute. Section of the act of Congress
approved June IL. 1875, provided among
other things, that when any street or ave-
nue. through which a street railway COM
pany runs shall be paved. such railway
company shall bear all the expense for tina I
PORTION Of the work lying between the ex-
terror rails of the tracks of such road, and
for distance OF two feet from the ex-
terror of the track or tracks on each side
thereof. and OF keeping the same in repair
hint tfn xt,t
formed to grades established by the Com
missioners, may use such cobble stones or
Belgian blocks for paving their tracks as
the Commissioners may direct. 8
and IL any street railroad company shall
neglect or refuse 10 perform the work re-
Quired by this act said pavement shall be
laid between the tracks and exterior there
to of such railway by the District
1.-The duty Of railway companies to repair
| Is generally confined to the portion of the
roadway Of the street occupied by the!r
tracks. or the space between parallel lines
extending short distance beyond the
| outer rails thereof. and is fulfilled by re-
storing that portion of the street to the
condition i'm which it was when the tracks
were laid. when rendered necessary by
wenr or accident or other causes not at
those acting under their direction. And
| this usually means that the work of re-
| pairing shall be done with the same kind
Of material the general pavement of the
street is composed of.
Why CObkle Stone Was Permitted. .
"The answer to your questions must
therefore depend somewhat on the true
meaning Of the language, But said railway
companies having conformed to the grades
established by the Commissioners may use
such cobble stones or Belgian blocks for
paving their tracks as the Commissioners
may direct contained in the fifth section
Of the act Of June IL, 1878. 1t is more than
likely that when this feature of the act Ct
1873 was being considered by Congress il
was urged by street railway officials that
II was impracticable to operate street cars
by horse power where the space between
the tracks was paved with asphaltum, and
hence it was that railway companies using
horse power. in doing the paving required
to be done by them were permitted TO use
such cobble stones or Belgian blocks as
the Commissioners may direct The phrase
such cobble stone o. Belgian blocks re-
ferring to the size or quality of the cobble
stone or Belgian blocks as the Commission.
ers might determine upon.
For these reasons 1 have the honor 70
state in answer to your first question. that
section of the act of Congress of June IL,
1878. gives street railway companies oper.
ating by horse power the right to use GO D.
bic stones or Belgian blocks for paving the
space between their tracks and for two
feet outside thereof, but that this provision
of the statute does not apply where the rail.
way Is operated by cable or electric power
In answer to your second question.
have the honor to advise you that in cases
Of streets paved with asphaltum. or other
improved pavement. which are occupied by
railway companies, such companies have
not the right TO replace the pavement be.
tween their tracks. etc, with cobble stones
or Belgian blocks, unless the railway is
operated by horse power.
The Commissioners to Decide.
"The discretion as to what kind Of material
shall be used in paving the tracks of a rail.
way company, and for two feet outside the
exterior rails thereof. is with the Commits
sicners. and not with the railway compa-
MES. If street has been paved with as
phaltum. and a railway company not operat-
ing Its cars by horse power. for the purpose
Of readjusting its tracks, disturbs the pave
ment between ,its rails, and for two feet
exterior thereto, 1t is bound to replace and
repair such pavement to the satisfaction OF
the Commissioners. with the kind of ma
terial of which the original pavement was
constructed unless the Commissioners. un.
der the circumstances of a particular case
see fit to permit Ii to be done with cobblc
stone or Belgian blocks. In the cases OF
railways operated by horse power, such re-
| paving or repairing may be done with such
cobble stone or Belgian blocks as the Corn.
missioners may direct
Pacific Mail Contracts.