Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-09
METROPOLITAN ROAD
MI. Richardson Makes His Report
on the New Bill.
PREVENTS FORFEITURE OF CHARTER
The Judgments Controversy to Be
Settled by the Courts.
U NDE RGR UND WIRES

Mr.. Richardson's report on the bill ex-
tending the time of the Metropolitan Rail-
way Company in which to change its mo-
tor power was submitted to the House late
last evening. The report reviews at length
the history Of the companys efforts to
change its motor power. and says:
THE drastic requirements of existing law
compel the company to now adopt an un-
derground system other than cable. and
which in the present field Of development
requires that system to be an electric one.
The company states it has made full in
vestigation. both in this country and
abroad. of the electric systems now in Op-
GRAFTON, and is encouraged to believe that
1t can successfully operate such a system
mere 1t asks one years time in which to
make such change upon its 9th street line,
and two years thereafter upon its + street
line. The good faith of the company is
manifest from it's continued efforts it's
enormous expenditures and its request for
reasonable extension now made The linn
itations OF statute now imposed, and its
past efforts Hereunder. leave no further
choice OF methods, and under such condi-
tions such reasonable allowance of time
ought to be promptly granted. The sole
opJectlon suggested to this legislation
springs from the pending suits for forfeit
ure OF this companys franchise.
j. For failure to SO change its motive
power within one year from the joint
resolution of July %. 1892. and
judgment obtained by the District of co
lumbia against II for paving between and
adjoining its tracks in the years 1sT1-'75.
IN accordance with the provisions Of the
appropriation act of March J. 1891 (26
stats, S62).
Dismissed One Suit.
The passage of the pending bill will
r recessarily vacate the suit pending on the
first cause of forfeiture. that is, for failure
OF the railroad to change its motive power
within the time mentioned. Stated extern
sion OF time is in effect waiver of such
proceedings which, under the facts now
shown to your committee, We think is in
accordance with equity and the public in
terest With this statement We dismiss
the question of the suit on first cause of
forfeiture in this report. AS to the second
ground of forfeiture to wit: The failure
of the company to pay the sum of money
specified in said Cancelled judgment, and
in the said act of Congress of March 3,
1891 the sum being sl41. 1.JO7.05), the COM
mittee do not deem 1t prudent. in view of
the conclusion they have reached, to enter
upon any discussion in this report of the
merits of the issues involved in that pend
ing litigation. or the facts upon which
the contentious therein arise.
Compromise Rejected.
In consideration of all the equities in
the committee endeavored to effect a COM
promise between the District and the COM
pany by which given sum of money would
be paid by the company in full satisfaction
of the Districts claim. But the Commits
sioners of the District being unwilling TO
abate any portion of the sum claimed, with
full interest thereon, the effort to COM
promise failed The committee determined
not to interfere in any way with the pend
ing litigation in the District courts in refer
ence to this matter, and have preserved
in this bill all the rights hereunder to the
parties litigant. providing. however. that
in case judgment of forfeiture shall be rem
dered in favor of the government against
the railroad, the latter may relieve itself
from forfeiture of franchise by paying the
amount of said demand. sli1.50705. within
ninety days from the date of judgment.
Lengthy Investigations.
The committee have given patient investi-
CATION and repeated hearings to all parties
interested in this bill The United States
district attorney, the attorney for the Com
missoners, the District Commissioners
themselves, and the railroad company, by
it's president and counsel have all been fully
heard. The committee feel that the great
object in view is the public benefit and con-
venience. Improved methods of transporta-
tion valuable only as they serve tie
public in the saving of time and in extending
the area available for both urban and SUBJ
urban occupation. Ne1tner mOOern metnOUS
of propulsion nor increased spread of popu-
lation are the creations of a day. The costly
methods of transportation demand increased
traffic for their necessary support. This
company has manfestly exploited, at great
expense to itself. all the available methods
now permitted by law, save the underground
system.
Are Satisfied.
The bill which the committee reports re-
quires the company to adopt this system on
it's lines as quickly it can be done. Its
willingness to adopt that system now and
its early Inauguration in the brief time given
by the bill will accomplish the great object
of existing legislation, viz, the increased
accommodation of the public. To this end
the committee believe the company should
not be embarrassed by unreasonable exac-
tions which would seriously hamper its ef-
forts in securing the necessary capital to
carry forward its projected work. All such
exactions must ultimately be paid by the
public. both in principal and interest. and
the great public benefit to be obtained by
modern system of propulsion upon the ex-
tensive lines of this company ought not to
be hampered in time or otherwise by such
means. Looking at the whole case, and af-
ter giving it thorough hearing and examina-
tion as aforesaid, the committee are satisfied
their recommendations are supported and
fully sanctioned by Justice and fair dealing
between those whose means are invested in
this compaHys stocks and bonds. the Dis
trict Of Columbia and the general public
Judgments Unaffected.
The report quotes the District Commits
sioners as saying: Apart from the appre-
hended legal effects expressed in the at
torney's communication the Commission
ers have no objections to present to the
bill" and the report continues: LAS before
stated herein. the committee are clearly OF
the opinion that the forfeiture suit pend
ing under the act passed March 3, 1891,
which act was an attempted legislative en-
forcement of the alleged money claim Of
the District against the company, Will
stand unaffected by the bill reported by the
committee, except that judgment against
| the company may be satisfied by payment
| of the claim of the District. In order to
meet the conclusions reached by the COM
mittee and to express more clearly their
| object and purpose. they report suhsti-
| tute for the bill, which is herewith submit
| ted. This substitute will require the rail-
road company to change its motive power
| to an underground system in reasonable
| time, and will leave the status of all par
| ties-the United States the District OF Co.
| lumbia and the company-in this forfeiture
suit wholly unaffected by the bill, with
| the provision that if judgment of forfeiture
be secured the same can be satisfied by
payment of the amount of the Districts
claim within ninety days litter rendition
of such Judgment The committee gave
| careful consideration to whether or not
| the provisions of the substitute bill could be
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