Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-27
USE OF l. STREET.
The senate Subcommittee Give q Fur
Their Railroad Hearing.

Their Railroad Hearing.
Senators Faulkner, Mcmillan and Hans
brough, the subcommittee Of the Senate
District committee in charge Of the Belt
Line extension bill. and Senators Harris ana
Proctor OF the full committee heard argu-
nents yesterday afternoon for and against
that measure.
Mr.. Johnston Of Riggs & Co.. for the op-
ponents. explained the propristy OF the pro-
vision In the bill which recognizes the deed
securing the outstanding bonds Of the COM
pany as first lien on the proposed addi-
tional franchises and extensions, as well as
on the existing lines of the company. Mr.
w. X. Schoepf said that the company, as
well as the District Commissioners and the
House committee on the District recognised
the propriety Of this provision and were in
favor OF its retention.
MIR. Crammond Kennedy for the prot EST
Ing owners Of property, said there were four
parties interested In such cases-the govern
ment the general public, the company and
the owners OF property on the line Of the
most directly affected. The companys OBJ
5ect was profit, the pursuit Of which kept
the wheels Of the world in motion and fur
nished US with all the appliances Of modern
civilization. The bill affected his clients
the property owners, in the most direct and
serious manner. They were living in quiet
and comfort In the homes Of their choice
They had all the railroad facilities they
wanted. The street was only thirty-two
feet wide. from curb to curb Let double
tracks be laid and electric cars be run day
and night. and let the street be widened as
the bill contemplated, and the trees be cut
down, and the terraces leveled, and where
now We're peaceful and comfortable homes
would be noise. confusion, danger, the glare
OF the sun and the clang OF the gong. Was
there any such public demand for a cross
In fhaf o-ffr ,lor ala
justify Congress in inficting such injuries
upon those citizens and their property? The
entrances to the Sunday schools Of All
Souls Church. 14th and L. and the Church
OF Our Father. 18th and L, were on L street.
There was another church further west, the
Shiloh Baptist Church, with ingress ana
egress on l. street.
Damages to Citisens.
Senator Faulkner assented to the propo-
sition Of Mr.. Kennedy that Congress could
put a price on the franchises, but asked Mr..
Kennedy on what principle damages could
be paid to private citizens when they did
not own the parking or the streets. Mr..
Kennedy said that they had a claim ire
spective of ownership-that they had spent
their money and esta blished their homes on
faith Of existing conditions, and on faith
that II these conditions were changed by
the government for the promotion Of the
public convenience, the burdens. as well as
the benefit. would be equally distributed.
That was how governments should deal with
individuals. and no better or more proper
use could be made of the price that profit
seeking enterprises should be required to
pay for the necessary franchises than to
compensate for actual ascertainable dam
ages.
Senator Hansbrough asked how the DAM
ages would be assessed, and Mr. Kennedy
said that was mere matter of administra-
ton; that 1t had been done by the New
YORK courts on a large scale in the case of
| the elevated railroads. The Senator sug-
gested that commissioners could be appoint
ed. Senator Mcmillan inquired whether Mr.
Kennedy really believed that private citi-
zens had any rights at all as against these
enterprising corporations and "syndicates''
| to shade trees, quiet streets, or even q
steady supply Of water. Mr.. Kennedy said
| he thought that citizens had some rights
| and that Congress would see that they were
not sacrificed.
For the Company.
Mr. Schoepf in replying for the company
| said that the failure to fix any time for the
commencement or completion of the work
| in the substituted bill was an oversight
which the company was more than willins
| to have corrected. and that it would agree
to commence operations in thirty days and
| to complete the work within a year from
| l. street was not the company's first choice
| for the cross-town line. and claimed that the
| thirty-six-inch main would not be under
| but on one side of the tracks. He claimed
| also that there was a public necessity and
| demand for the proposed extensions. and
| that he had obtained eighty or more signers
| within twenty-four hours, but when ques
| toned he said that none Of the signers ex.
| cept one owned property on l. street be.
| tween 9th street and Connecticut avenue.
Mr. VIM. H. Trescot said that when the
| proper time came for a new cross-town line
| the District Commissioners and Congress
should take up the question deliberately and
| settle 1t on its merits permanently, or al
| least for the next ten or twenty years, and
| not have a series of bills suggesting differ
ent streets and lodging and zigxaggins
| about, and keeping residents in q state OF
| perpetual uncertainty and anxiety.