Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-03
The RAILROAD DEBT
The Commissioners Propose to Ar
bitrate the Metropolitan Case.
A REPORT TO THE DISTRICT COMMITTEE
Opposed to the Passage of the
Bill to Change Motive Power.
A PROPOSED AMENDMENT

A PROPOSED AMENDMENT
| The special report made by the District
| Commissioners upon House bill ISIS, to au-
thorize the Metropolitan Railroad Company
| to change Its motive power, was sent TO
Chairman Heard of the House District
| committee today. Commissioner Ross. who
| has for several days been collecting in
formation on the subject, submitted the re-
port TO Commissioner Powell and the At
torney for the District at the board meet
| ing yesterday afternoon After several
/ minor changes 1t was unanimously approx
| ed and hurried to the printer The Com
| missoners oppose the passage of The bill
| In Its present form, because ii is believed
that II would terminate the suit now pend
| ing against the Metropolitan company
They suggest that the matter in conten-
ton between the District and the railroad
company respecting an unpaid judgment
| for special Improvement taxes levied
against the railroad be submitted to arbi-
| tration or else that section be added to
| the pending bill requiring the payment Of
| the judgment.
The Acts of Congress.
The report Of the Commissioners begins
with recital of the legislation under
which the recent proceedings to forfeit the
charter of the company were instituted
| The act of August 6, 1890, requiring COM
panies operating street railroad lines from
| Georgetown to and beyond the Capitol
grounds TO substitute some other motor for
horse power within two years of that date
| on penalty of FORGETTING its corporate fan
chises is quoted in full: likewise the act of
July =, 1882. extending the time for max
ing the change of motive power for che
year from that date. The report also gives
| in full the act of March 3, 1891. which d.
rected that the Metropolitan Railroad Com
pany should within eighteen months from
that date pay to the District he full
| amount Of the judgment rendered against
that company by the Supreme Court of the
District in the tax suit, forfeit all its
franchises as body corporate. The report
says that IL is admitted by nsel for the
railroad company that the enactment of
House bill 2S1s without condition will eff
fectually terminate all suits now pending
against the company and will leave Con-
sress and the District powerless to enforce
the collection of any claim asserted by the
District referred to in the statute of March
3. 1891. A full history is given of the pro-
ceedings against the company to recover
the special taxes which resulted i'm yer
dict in favor of the District for the sum of
sl41. J01.0J with interest from May 1, 1884.
This Judgment. the report says. was
affirmed by the Court in General Term,
June II, 1885,, and thereupon taken on a
writ of errcr by the company to the SUI
the judgment below was reversed. the case
being decided there wholly upon the pleas
of the statute of limitation.
Not Decided on Its Merits.
None of the exceptions taken by the coun-
sci TO- the railroad company involving the
merits Of the case. the Commissioners say
was passed upon by the United States Su-
preme Court. The findings as to the
| amounts due by the railroad company 10y
toned. The plea Of the statute Of limita-
tons. to Wit, that the cause of action did
not accrue within three years before suits
! were brought against the railroad company
was sustained. 1t was the knowledge of
! these facts by Congress. the Commissioners
/ say, which induced the enactment of the
law of 1891.
The Commissioners insert in thei- report
communication from the attorney Of the
District dated January 10. lS92. explaining
the reasons which led to the delay In bring
ing suit. reasons which. they say. the court
could not consider unde- the strict rules of
the common law. 1t will be understood. they
claimed. from this statement of the attorney
Tor the District that various means were
adopted prior to the institution of the suits
to endeavor to compel payment by the rail-
road companies, and that more than a
years time was lost in endeayoring 10 have
the delinquent railroads settle without suit
/ II is not believed. says the report, that the
District committee will undertake to re-
the judgment was based, but in view of the
/ criticism by counsel fer the railroad OF the
courts action in UNFOLDING the claim OF the
, District for work done upon the tracks of
| the rail company prior to the time
/ when the road was operated. the Commits
| sioners quote at some length from the opin-
/ ion of the court to show the grounds on
/ which that opinion was based and also
/ quote the correspondence that passed be-
| tween TIE president of the railroad COM
! pany and officials of the board of public
works relative to the work for which the
| judgment was rendered.
| Not Inclined to Embarriss the Road
The report of the Commissioners then CON-
! cludes as follows:
There is no disposition on the part of the
representatives of the District to cripple
/ or embarrass any legitimate business enter
| prise. On the contrary, they intend I'm
/ every way possible to encourage and pro-
mote such interests but the two great lines
/ or street railways which connect the east
ern parts OF Washington with CIeorcetovn
/ and which bisect the city of WASHINGTON b,,
/ north and south lines possess exceptional
privileges for which very slight returns ara
made for the support of the municipal gov
| eminent. While these roads practically
| monopol.Ze the use of many of the princiDal
| streets and avenues of the District tothe
| extent of the width of their track and for
the distance of two feet exterior thereto
yet they are not required. as in many other
municipalities, to pave the entire width of
the streets so occupied. L. Is stated that in
| Baltimore. in addition to ordinary municipal
| taxation, twenty per cent of the gross earn
| ings Of all OF the street railways is REQUIRED
to be paid for the support of the public
parks of that city. The roads which have
such privileges in Washington. free from
| such requirements as are imposed in Balti-
more should not be permitted to evade lust
! payment for improvements made upon their
own tracks by the municipality when such
payments are required by their charter, as
| determined by the courts of the District
A just Debt.
THE Commissioners believe that the rail-
road company justly owes the District the
amount found to be due by the Supreme
Court of the District of Columbia, and
that no legislative release of the same
should be made The case Of the District
against this company to recover for work
! done and materials furnished i'm paving
certain streets and avenues of the city of
| Washington at various times during the
! years 1871, 1872, 1873, 1874 and 1875 was
twice examined by a judicial tribunal The
| amount claimed in the suit was s16l 622 -
| After full and impartial trial, as the rec
ord attests. the jury returned a verdict for
/ S141, 505.05
| For the reason stated by the attorney for
| the District to your committee. the several
| propositions of the railroad company for a
! resubmission of the case TO the courts are
| INN or ion 10 nd ba 90