Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-06
The B. and O. Has Not Agreed to
Elevate Its Tracks.
THE RAILROAD HEARING CONTINUED
Mr.. Frizzell and Mr.. Hamilton Sec
Things Differently.
DEATH TRAPS DENOUNCED

citizens of East and Northeast Washington
and the attorney Of the Baltimore and Ohio
railroad concerning the proposed elevation
Of the tracks of the Baltimore and Ohio
railroad today. Mr.. ]. W. Frlzzen spoke
Tor the citizens, and Mr.. Hamilton repre-
sented the railroad company.
Mr.. Frizzell spoke at some length, dwelling
chiefly or the dangerous character Of the
grade crossings, and citing cases Of acci-
dent and many narrow escapes by persons
crossing the tracks, especially at II street
Mr.. Frizzen spoke of the character of the
citizens represented in the protest and
thea took up the questions at issue.
Right TO Alter.
"Great stress is laid upon the railroads
right to be there" he said. Nobody dis
putes that right, or We would not be here
asking you 10 make this change. / have q
right to be here, but that right is limited TO
my good behavior and proper conduct When
i become offensive / must retire, and anal
ogously. when this railroad becomes ofen-
slNe ana injurious We ask what We conceive
TO be the proper remedy. To say that Con-
tress Is without authority in the premises.
as the railroad company claims, would be
10 place said company in a very supreme
position above the government Of the Unit
ed states. Let me assume for a moment
the cCnStlou that We ali read of as exist
ing IN Philadelphia and other cities where
companies have been Incorporated, who no
doubt claim vested rights to inure 10 them
with their systems Of electric railway-s
whose elects upon the water and gas pipes
have been So marked as TO have been dis
cussed n recent congress OF electricians
IN this city, which from this highly scien-
tine standpoint undoubtedly demonstrates
the injurious and disastrous effect upon
those pipes. Assuming Jhis effect to be a
tact II would seem TO us the height OF folly
and impotence for any of those electric
companies Ia claim there was no authority
10 abolish their vested rights. We do not
however; cain or ask you to abolish the
aforesaid railroad company, but We do ac-
knowledge. admit and acduiesce in the
proposition that all railroad companies are
important factors in the prosperity of any
city, and that the Baltimore and ohio has
been TO Washington a most generous bene-
factor while IL confined itself TO the inter-
estS OF the people servitcr: bur when
II undertakes TO dominate the interests Of
the people, to destroy their lives and prop
erty, as is evidenced TO you by the larEe
memorial already presented to your COM
mlttee, We feel confident that this commit
tee and the Congress Of the United States
in the exercise OF its inalienable powers
VIII DO equal Justice to all parties We take
heart and enlarge our hopes upon the ac-
ton already taken by this honorable COM
mittee IN behalf Of the people Ia your re-
I commenoation for changes in the conduct
OF the gas company, well as in the Me-
tropoltan Street Car Company. who could
Win Win equal earontery have claimed vested
rights.
Death Trnp.
Now let me call your attention to the
death trap at II street and Delaware ave-
nue.. where the Columbia street cars cross
the Baltimore and Ohio tracks. Just north
OF this point there is a sharp curve on
winch the incoming trains can not be
seen fer distance Of more than 100 feet
ana here and from this cause many per-
sons have been crushed TO death and many
others 1aA f,r r..
currence Of these accidents, the railroad
company has placed an electric bell to
give warning OF an approa ching train. This
bell is opera TED by the pressure of the cars
upon an electric button near 4th street
northeast, and. like all electric bells fs
liable 10 get out Of order. and when such
an event transpires a massacre Of human
lives will be the sensation of the hour. No
human foresight can prevent such disaster
as long as these tracks remain upon the
surface, where they are, and the speed OF
steam cars is left TO the recklessness and
daring Of the nervy engineers employed by
the Baltimore and Ohio Company, who
drive their trains around this curve and
across the principal thoroughfare at the
rate of thirty TO forty miles an hour.
The Laws Effect.
THE attorney for the railroad compeny
emphasizes the right of the company to
remain where it is until 1870 when he very
well knows that the only right that the
period is the right to use steam power for
the propulsion of its cars. and this under
an agreement with the corporate authori-
ties OF Washington, which is absolutely as
Gen. Birney has shown. subject to such
rules and regulations as to the present or
any future Congress shall seem expedient'
Again, the learned attorney of the rail-
road company has overlooked the plain
language OF the sixth section OF the act OF
1881. wherein Congress expressly reserved
rfar
such additional railroad or roads in connec-
tion with the said road, 80 as TO extend the
same road, or to construct others connected
Herewith, to such parts OF the District as
from time TO time may be required by the
convenience Of those parts Of the District
into which the said company are now re-
strained from carrying said road In the
face OF this language the railroad company
now comes before you and says you have
no power over them further than to require
them to elevate or depress their tracks on
the routes now traversed by them.
THE attorney for the railroad company
has also told You that he lays no claim to
being beyond the power Of the District
Commissioners I'm respect OF police regula-
tions, such as fencing tracks erecting gates
and employing watchmen at crossings. He
has not told you, however, that every de-
mand made by the District Commissioners
has been stoutly resisted by the company
and that they have erected fences along
their tracks only after threats of compul-
sion. He seems to forget also. that he is
now resisting, he has resisted for the
last six months, an order OF the District
Commissioners TO the railroad company to
inclose it's tracks between II street and
Florida avenue northeast. He tells you also
that the company does not desire TO remain
on grade crossings, but wants a little time
to determine the most convenient method
of entering the city by elevated way.
I his is only in keeping with his course OF
conduct since he has been the attorney for
the company and which he inherited from
his n~e3e~e-sors In office.
This subject is one that has come up
time and time again in Congress ana In the
courts but the misfortune OF having our
congressional committees change the per
sonnel OF their members so often has driven
the subject over from one Congress 10
another, the members hoping to become
more familiar with the conditions surround
ing them. IL would seem 10 US now that
the continuous service Of several members
of this present committee has familia rized
them with many OF the needs OF our city,
and we confidently rely upon their wisdom
and willingness TO remedy this chiefest Of
all our Ills
He further said that il was often heard
repeated that the b. and o. owned the
District government. Certain Il was that
the road resisted the exercise Of police regu-
lations by the District Commissioners. and
the citizens found il difficult 10 get comfort
out Of the courts.
Representative Post asked il II would not
do TO elevate the street at the II street
crossing.
MIR. Frizzeu replied that the Commits