Evening star., 1894-04-13
TO GO TO THE COURT
Proposed Reference of the Metro
politan Railroad Case.
RESULT OF A CONFERENCE TODAY
The Court Of Appeals to Be Asked
to Decide.
CONSENT OF THE COMPANY

Final action looking to an adjustment OF
the controversy between the Metropolitan
Railway Company and the District of Co
lumbia was taken this morning at a con-
ference between the attorneys for the gov
ernment, the attorneys for the railway
company and a subcommittee of the House
port the Metropolitan railway bill with an
amendment referring the matters in dis
pute to the Court Of Appeals of the District
for final adjudication.
District Attorney Thomas and United
States Attorney Birney, for the government
Col Britton. Mr.. Nathaniel Wilson and
President Stephenson, for the railway COM
pany, and Messrs. Cobb, Abbott and Cogs-
we'll, for the District committee, were the
parties to the conference.
The Proposed Amendment.
After a full discussion of the question II
was decided. with the concurrence of all
the parties at Issue. to report the following
amendment to the pending Metropolitan
railway bill
Sec. g. And be 1t further enacted, that
transcript of the record of the case OF
the District of Columbia against the Metro
politan Railroad Company of the District
or Columbia at law, No. 22,45S, in the SUI
preme Court in the District of Columbia
together with the original papers and record
entries therein, duly certified, shall, by ap-
propriate orders duly entered of record be
transferred and delivered to the Court OF
Appeals of the District of Columbia which
said Court of Appeals is hereby vested with
original authority and jurisdiction to hear
and determine said case without jury. upon
the pleas and issues and proof therein
other than the plea and issue relating to
the statute of limitation. and to determine
from and upon said record and the plead
if.gS and proof therein contained, and such
other proof In said hearing as said courts
may determine to be necessary in order To
dispose OF the case upon its merits. what,
II any, indebtedness is due to the District
or Columbia from the said railroad COM
pany in respect of the cause of action
stated in the declarations filed in said case
and to enter judgment against said COM
pany In favor of the District of Columbia
Tor any sum or sums of money that said
Court of Appeals shall find due from said
company in respect to said cause of action,
for the amount of which said Judgment
execution may issue out of said court, and
said judgment shall Immediately become
lien upon all the property of said COM
pany, to be enforced in the manner now
provided by law for the enforcement of
other liens, and shall be paid within ninety
days from the date thereof.
Consent of the Company.
TTONlueu, lHdt tnlS act snail not take
effect until said company shall file in said
Court of Appeals its consent in writing to
the aforesaid transfer of the said case and
also waiver of all it's right and defenses
under the statute of limitation, and also a
waiver of all rights, benefits, advantage and
defenses that it has may have by reason
OF the decision and judgment of the Su-
preme Court of the United States as made
and entered in said case.
And provided. further, That the cost of
said transfer and of the hearing of said case
in Court of Appeals shall be paid by said
railroad company, provided. that the judg-
ment of the said Court of Appeals shall be
final and that there shall be no appeal
therefrom, and provided, further. that the
cost of said transfer and of the hearing of
said case in the Court of Appeals shall be
paid by said railroad company.
The Next District Day.
The bill, as amended, will be called up in
the House for consideration upon the next
District day. and, it is expected, will go
through without further delay. If the
amendment is adopted further proceedings
in court against the railway company will
be discontinued and all questions in con-
nection with the dispute left to the Court Of
Appeals.