Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-02
RIGHTS OF THE ROAD
Attorney Thomas Gives ga Opinion on
Railroad DISTINCTIONS.
ERcrts to Have nm 'sUnderheado Foot
way at the 9Th Street Crossing
No Existing Power.


The attorney for the District today rem
dered an important opinion to the Com
sioners with reference to the report of
General Inspector Beggs on various cross
ings of the Baltimore and Ohio railroad
in this city, which was referred to him
for opinion as to what steps under existing
law can be taken to secure IAN underhead
footwalk" at the 9Th street crossing in the
northeast section of the city, where the
tracks of this railroad are on an embank-
ment, and whether If existing law and reg
ulations do not provide for the case, what
regulations can be enforced concerning it.
The matter was carefully examined, says
the attorney, in view of it's public import
ance as affecting life and limb. ,I.,- ..
The police power, according to Attorney
Thomas, In the District of Columbia is re-
posed In Congress, except so far as it has
been delegated by that body to the Com
missioners.
Authority to regulate the movement of
vehicles on the public streets and avenues
OF the city for the preservation of order
ana Tor the protection of life and limb
YOU'D not, according to the attorney. au-
thcrize the Commissioners to compel the
baltimore and Ohio Railroad Company
10 provide an underhead footwalk at its
9TH street crossing. where the tracks are
on an embankment,
The words movement of vehicles" he
says, Is sufficiently comprehensive to In
ciuoe the movement of engines and cars on
steam railroads., but they do not refer to
raiiroad crossings. 1t is the duty of steam
raiircad companies to use every reasona BILE
precaution to prevent injury to travellers
on the highway. He states If in the opera
ton of the Baltimore and Ohio railroad un-
usual peril Is presented to travellers at the
9TH street crossing. the company should
meet all such peril by corresponding pre-
cautions; but this does not mean that the
raliroad company Is to take every possible
plecautlon' as the law requires persons
VINO cross railroad tracks to exercise or
binary care to prevent injury.
The Acts of Congress.
By an act of Congress approved March 2,
1881. the Baltimore and Ohio Railroad Com
pany was authorized to extend a lateral
branch of its road into the District to
point in this city east Of It'll street west
and north of North Capitol street, as the
company should find best calculated to
promote the objects of the road, provided,
that whenever the company in the construc
ton of a railroad into or within the Dis
trict as authorized by this act, should
find 1t neces ;ary to cross or intersect any
established road. street or other way, it
should be the duty of the company to so
construct the railroad across any establish
ed road, street or other way as not to i'm
pede the passage or transportation of per-
sons or property along its line. and that
the level of the road within the city should
conform to the present graduation of the
streets. This legislation also authorized
the Baltimore and Ohio railroad to cross
9th street northeast at it's then grade, and
placed it under legal duty to construct its
road across that and other streets in
reasonable manner, with reference to the
double use Of the crossing for it's own pur-
pose and for public purpose. The company.
fta off &c liahI To irIi Ia
who use the highway for injuries caused
by defects a Id Instructions created by it
which could have been avoided by reason
able precaution, and If it's crossings are
constructed and maintained SO as to i'm
pede the passage or transportation Of per-
sons or property along the same" then the
company may be indicted for maintaining
a public nuisance.
While the statute provides for wagon
ways over the railroad where 1t crosses
the land Of private individual it imposes
no duty upon the company to maintain
bridges over its crossings or footways I'M
der them, in the city. The records, accord
ing to the attorney. in the surveyors Of
flee, do not show whether the corporation
of Washington in 1881 gave the Baltimore
and Ohio Railway Company tho grades of
the streets crossed by its tracks or not.
Matter of Grades.
In 1859 the city government approved
and adopted what is known as Coyle
grades were prepared as early as 1881. The
attorney assumes that before the railroad
was built grades were given the company,
and that 1t was built on grade at 9th and
l streets northeast. In 1870, by joint reso-
luton Of the city councils, the matter was
called to the attention of Congress. The
resolution stated that 1.-The Baltimore and
Ohio Railroad Company obstructs many of
the streets in the vicinity of the Capitol by
its depot and cars. The company refuses
to conform the bed of their road to the
established grades of the streets traversed
and crossed by 1t, to the great inconveni-
ence of the public and damage to the public
and private property" 1t is also unknown
whether the established grades" referred
to In this resolution were grades established
prior to 1881 were the Coyle grades adopt
ed by the corporation of Washington in
1859, or were grades fixed by the corpora
tion between 1859 and 1870.
The attorney concludes that while foot
walk under the embankment on 9th street
northeast would be safer and better for
pedestrians than the present grade cross
ing, he is of the opinion that in the present
state Of the law the Commissioners are
without power to compel the construction
Of such a crossing. Before the Commits
sioners can do this, he says, it will be
necessary for Congress either to require
such a crossing or to confer power upon
the Commissioners to make such reasonable
police regulations in respect to railroad
crossings as may be necessary to prevent
injury to the public or to private persons.
ADJUSTMENTS.
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