Evening star., 1895-04-16
More Protection Needed Along the
B. and 0. Tracks.
TEE POSITION OF TEE COMPANY
Willing to Meet the Commissioners
Half Way.
STATUS OF THE MATTER

contest that has been long waged between
the residents Of the northeastern section of
Washington and the Baltimore and Ohio
Railroad Company, whose tracks traverse
| that section in two directions. The resi-
| dents have for years demanded that there
should be more means of protection afford
ed at the street crossings and at other
places where the road running at grade
| might prove injurious to the safety of those
happening to be crossing its tracks.
The controversy grew SO animated that
the road concluded that continued public
| exploitation Of it's shortcomings in this re-
gard would affect it's popularity with the
| people of the District and thus drive away,
perhaps, large amount of valuable
freight and passenger patronage.
| About two years ago. therefore, a consul
| tation was held between the representa-
tives of the road in this city and the Off
| Gals In Baltimore, at which it was decided
to authorize the attorney of the road In
| this city, who is Mr.. George E. Hamilton
| to enter into any agreement with the Dis
trict Commissioners which would be ssats-
| factory to them and reasonable to the road.
A Proposition Made.
Mr. Hamilton thereupon submitted prop
osition to District Commissioners Ross and
Parker which. in effect. was as follows:
| The Baltimore and Ohio road agreed to
delegate Its engineer. Mr.. Johnson. to meet
with one OF the engineers employed by the
District OF Columbia, and that these two
should go over both lines of the Baltimore
and Ohio road within the District and
ascertain where in their opinion, additional
| safeguards were necessary in order to in
sure better protection to the life and
| iimb OF those who were compelled to cross
the tracks.
Mr.. Hamilton. in submitting this PROPOSE
tlon, stated that wherever these two gen.
tiemen decided that fence was necessary
Tor the purposes Of protection that the
road would build it at once and that
wherever grade crossing was found where
gate was believed necessary it should be
| forthwith erected.
Mr.. Hamilton also said that in case of a
difference arising as to existing neces-
slty at any point between the engineer
OF the company and the engineer of the
District, the Baltimore and Ohio road
would be entirely willing to have Commits
sioner Ross to decide the matter as final
| referee.
Capt. Powell Says No.
Both Commissioners Ross and Parker
| stated that this appeared to be an eminent
ly fair proposition. and it was suggested by
| Mr.. Parker that Engineer Powell be seen
upon the subject. as the matter properly
came within hs particular department of
| District affairs When Mr.. Hamilton SUBJ
| mitted the above proposition to Capt. Pow
ell he was met with decided refusal.
Commissioner Powell stated, it is said,
| that he did not propose that the District
Of Columbia should enter into any agree
ment of the sort with the Baltimore and
ONO road or with any other corporation.
There were laws, he said which provided
| lor the settlement OF such questions be-
| tween corporations and the District, and
he proposed to depend upon them in such
cases.
The railroad company's representative.
| alter further conversation, informed the
Commissioner that in carrying out his de-
cision about using the laws to compel the
| company to do what was required of it he
| would find himself limited to the exact
| Hetes and bounds of such laws, and that
| every inch taken beyond them would be
| contested by the company to the best OF
| its ability.
Ordered to Fence the Tracks.
| In October. 1894. the Baltimore and Ohio
| railroad was ordered by the Commission
ers to fence all it's lines of tracks within
! the District of Columbia within forty DAYS
| from the date of the order. The company
| ignored this command, and shortly after
the expiration of the time specified for it
to be carried out Attorney Hamilton re-
ceiVed letter from the attorney for the
| District Mr.. Thomas, asking him what the
Baltimore and Ohio railroad proposed to
| do in relation to the fence order.
| IN reply, Mr; Hamilton took UP the laws
| under which the Commissioners had issued
the order. and which was evidently be-
| Eeyed to give them power to make regula-
| ticns of that character, and endeavored to
| show that they did not confer the outhor-
| tty which the Commissioners believed they
| possessed. and stated that with this view
| of the case in mind the Baltimore and
Ohio road did not propose to take any no.
| comply with what it believed an unjust
and unreasonable command to fence five
miles of its tracks within forty days.
The Proposition Made Again.
In concluding the letter. Mr. Hamilton
| used the following language: 81 wish,
| however. to state for the company that it
| Is entirely willing to do, both in the erec-
| tion of fences and gates at any point of
! danger. everything that is reasonable and
| proper, and that 1t is entirely willing to
| have its engineer, with some member of
! the engineer department of the District of
| Columbia to go over the tracks of the Bal
| timore and Ohio tracks within the District
! Of Columbia and determine what point or
points should be protected by fences and
| what crossings by gates and to fence and
gate the same forthwith.
The company is willing to do in a proper
| manner all that is reasonable, even if it is
| more than the law requires, but it is not
willing that the order of the Engineer Com
| missioner to attemp impossible things, or
| to do those things which are not authorized
| or required by law. Nothing more was
| heard of the matter by the Baltimore and
1
| was arrested and arraigned in the Police
| Court, on the charge of not properly pro-
| tecting the road by the erection of the
| fences in pursuance with the order of the
Commissioners
The case was quickly disposed of, the
| court deciding that the Commissioners of
| the District of Columbia had no authority
under the law to make regulations such as
| the order under consideration.
The Company Still willing to Act.
| With these facts in his possession, a re-
porter for The Evening Star this afternoon
| called upon Mr.. Hamilton, and inquired
| OF him If the Baltimore and Ohio Railroad
Company was still willing to carry out the
proposition made by him to the Commits
sioners two years ago. and reiterated in
| his letter of six weeks two months ago
( to Attorney Thomas, regarding the erection
| Of fences and gates, where a representative
| of the road and an engineer representative
| of the District might deem it necessary.
| Mr.. Hamilton stated that the proposition
| was still open so far as the company was
concerned, and that it would be adhered
| to in good faith whenever the District
Commissioners saw fit to take the proper