Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-02

danger the lives and property Of the in
habitants of the District He referred to
the legislation permitting the B. and O.
company to extend a lateral road into the
District of Columbia. The character Of this
permission, he said. is defined a case
to which the Il. and o. company was a
party. reported in 10 U. s., &C. The report
in this decision says: The permission was
broad and comprehensive in it's scope, but
II was license and nothing more"
What the Law Says.
The character Of this license was such as
TO make 1t revocable at the will of Con-
gress. He quoted from the act of March 2.
1881. under whose provisions the Washing
ton branch Of the railroad was constructed,
the following provisions:
Whenever the said company, in the con-
structlon or said railroad, shall find it nee
essary TO cross or intersect any established
road. street or other way. 1t shall be the du
" OF SAID company so to construct said rail-
ROAD crossing. such established road, street
or other way as not to impede the passage
OF persons or property along the road"
Sec. =. That nothing herein contained
snail be SO construed as to prevent the Con-
gress of the United States from en-
acting such rules and regulations prescrb
ing the speed of cars and carriages passing
over said road and other matters relating
thereto necessary for the security of the
persons and property of the citizens of the
District In such manner as to the present
or any future Congress shall seem eXpedi-
ent."
The first section provides that the said
Baltln ore and Ohio Railroad Company
Shall be subject to the same restrictions
In the extension and construction of the
said lateral railroad into and within the said
District they are subject to I'M
der and by virtue Of their said charter 49,
In the extension and construction Of any
railroad within the state of Maryland" &c.
he invited particular attention to the fol-
lowing restriction" in the Maryland char
ter OF said company:
Sec. 1G And be it enacted, That where
ever IN the construction Of the said road or
roads 1t shall be necessary to cross in
tersect any established road or way it shall
be the duty of the president and directors
OF said company SO to construct the said
road across such established road or way
as not to impede the passage or transporta-
ton or persons or property along the same;
or where 1t shall be necessary to pass
through the land of any individual it shall
also be their duty to provide for such in
dividual proper wagonways across said road
or roads from one part Of his land to the
other"
He quoted likewise from the statutes of
July 20. 1866. under which the Metropolitan
branch was constructed, showing that the
restrictions placed upon the construction of
the original road were imposed upon the
company in this case also. The ordinance
OF the city corporation passed January IL.
1867, also imposed the conditions appearing
In the original law. This ordinance was
formally assented to in writing by the Bal
timore and Ohio Railroad Company Janu-
airy 10. 1867. and the Metropolitan branch
was constructed under that contract be-
tween the parties.
Conditions on the Road.
BY the adoption Of the restrictions in the
Maryland charter and the various enact
ments following that, Mr.. Birney insisted
the following important conditions were
stamped upon the licenses granted by the
United States to build the branches of
the railroad in this city and District:
First. That the said railroad should be
constructed across the established roads,
streets or other ways SO as not to impede
the passage Of persons or property along
the road.
Second That Congress reserved the right
to enact rules and regulations prescribing
the speed of cars over said roads and other
matters relating thereto. necessary for the
security of the persons and property Of
the citizens of the District Of Columbia.
Congress by the people Of this District?
Give us laws which secure us unimpeded
passage on the streets. on foot, on horse
back or in vehicles, without danger to life.
limb or property, and we will be content"
What the City Did.
cit matters little" he said, what it did;
nothing. indeed, unless 1t acted under ex-
press authroity of Congress. Under Its
charters of 1920 and 1913 it had no right
over the city streets. except to open them
agreeably to the plan Of the city and keep
them in repair. Under the special acts of
Congress on this subject it had very little
to do. except to look after the route and
terminus and agree upon the levels. The
owner. the United States. licensed the COM
pany to pass through, and the corporation
showed it where to go, where to stop and
how to construct its track The city did
some things which were ultra wires; but all
it's acts eliminated in and were merged
into its formal contract with the Baltimore
and Ohio Railroad Company, under date of
January II and 10, 1867. Acting professedly
Under the powers given by Congress in it's
act of July 25, 1885, the city corporation
entered into a contract with the Baltimore
and Ohio Railroad Company by assent in
writing of said company.
In this contract the city prescribes the
route of the Metropolitan branch and it's
present terminus extends to the year 1910
the privilege Of using steam engines in the
city; agrees that the railway grades shall
conform to the legally established grades
of the streets and avenues; that all bridges
and culverts shall be constructed and kept
in repair under direction of the authorities
of said city. at the proper cost and expense
of said railroad company; that nothing in
this act contained shall be so construed as
to prevent this corporation at any time
hereafter when the same shall be considered
necessary" Qrom regulating by law the
speed of steam cars), or from enacting
such other further police regulations for
the use of said road this corporation
may deem necessary for the protection of
persons and property along the route of
said road" (See contract in Commission
ers Report, 1851
Whatever may have been right to the
city corporation to make certain parts of
this contract, and l deny it's right to bind
the United States, except in matters in
which 1t was specially authorized to do so,
the railroad company is estopped from
claiming that the provisions are not in
force. What was reserved to the corpora
ton enures to the benefit of the United
States.
There are no vested rights in the Balt-
more and Ohio Railroad Company he
said in conclusion which shall prevent
Congress ffom performing its urgent duty
to legisiate for removing hindrances to
street travel and for security of persons
and property from danger at street raiload
cossings."
What the Company Claims
While Gen. Birney was citing authorities
to show that the government has power TO
regulate and control the exercise of priv
lleges under charters granted by it, Mr.
Hamilton said that the Baltimore and Ohio
Railroad Company admitted such power:
the company does not for moment Dues
ton the right of Congress to exercise police
jurisdiction over the road within the Dis
trict. but the company does not admit
that power to extend to the point of remov-
ing the tracks
"IEal that's inst tho noint ot ;cC,,o