The evening times., 1896-02-27
Commissioners AnxiBus for Leg
islation Giving New Powers.
STREET RAILROADS REMIss
Officials POwerless to Enforce the
Laws Because of Lack of PEN
alties or Other Defects-Attorney
for the District Thomas Answers
Queries About Permit System.

utoA SnCAhthuH toudy SoPy oA q iCStSi
written by Attorney 8. T. Thomas, II
reference to the provisions of Senate bill
572, providing for penalties for charter
violations by corporations operating In
the District. and giving list of most. II
not all, the cases to which the bill will
apply.
The Commissioners believe that the
early enactment of the measure is OF great
Importance to the people. Congress, they
say, ought to either provide some means
for enforcing the charter requirements of
railroad companies, or else repeal such
requirements altogether, where no penal
ties are attached.
The penalties prescribed, they say, are
not excessive, and will enable the Commits
sioDers TO compel the railroad companies
to do what 1t is presumed Congress in
tended they should do when the companies
were chartered.
MIR. THOMAS COMMENT.
Attorney Thomas says: AS understand
this bill, 1t is intended TO apply 10 street
railway corporations in tie District, and
is 10 enable tie Commissioners to require
sach corporations to perform the duties
prescribed in their charters" and cites in-
stances such as these:
"Thc charter or the Washington and
Georgetown Railway Company requires its
cars TO run on schedule time, but prescribes
no penalty for failure to observe the scbed-
uIc.
"Thc Metropolitan Railroad Company
ha ~ NIL lar fhipoe IN n
for running cars, and that the
street crossings shall be kept clear OF
snow and ice, as well as mud, dirt or
other aDnoyances, but the penalty Of not
more than So nor more than 500 for
of this provision is to be recovered
on the complaint OF any person aggrievod,
In any court of competent jurisdiction,
such action to be prosecuted in the name
Of the city OF Washington As the
District is not the legal successor OF the
city Of Washington it is doubtful whether
this provision could be enforced.
"The Columbia Railway charter is re-
quired to run its cars as often as public
may require, hut no penalty
is provided for failure to run cars accord
ing to the schedule.
"The Anacostia and Potomac Company,
by amendment of its charter, dated August
l, 1888, is obliged to run its cars as often
as public convenience may require, in lc-
,ordance with time table, to be approved
by the Commissioners. but no penalty
is provided for failure to observe the
schedule.
NO MEANS AT HAND.
THE amendment of the charter Of the
Railroad Company provides
FOR time table, but no means for enforc-
ng' compliance"
Mr.. Thomas says ii is necessary in order
10 enforce these charter obligations to have
The proposed legislation. The change in
the form OF government in the District since
the two principal companies were chartered
'enders the Commissioners unable TO COM
Del observance of a number OF important re-
Iuirements.
Again. he says some of the street railways
have ceased TO operate portions of their
ines, which they have apparently aban-
ionei. leaving the streets remembered with
'ailway tracks.
In such cases the Commissioners are pow
,rless to compel obedience to duty. Their
,nly remedy is to tear up the old tracks, put
he street in good condition and de pend upon
suit against the railway company for re-
mbursemcnt.
The bill does not apply to either Of the
'team railroads operating in the District.
nut TO street railways only chartered by
congress.
ANSWERS THE QUESTIONS.
In response 10 a request from the Com
tod
addressed letter to the board answer
ng queries submitted by Capt. G. j. Fie-
,eger upon points involved in the ad-
of the District government
aw in respect to Improvements under the
and permit system, as follows:
First-Is IL necessary that any property
,wner shall petition for the work?
Seconds it necessary that all abutting
property owners shall unite in the petit
ion?
Thirds 1t sufficient for the health Of
icer to assert that the work.is necessary
or public health?
FOurth-ls IL sufficient for the superin-
endent of streets or some one connected
With the street department, to assert that
he repair of a sidewalk is necessary for
,ublic safety?
Fifth-What should be the form OF adj
ertisement? How many days should elapse
'etween dates of publication of advertise
nent and between the last publication ard
he date of hearing?
SiNth-Is an assessment for curb in con-
lection with sidewalk legal one?
To these interrogatories Mr.. Thomas says
t is not necessary for a propcrty-owner to
tn ~, n.
onsider the work necessary for public
ealth, comfort or safety.
The law, he says, comprchends two
lasses of work-assessment and permit.
That of the class first named may be done
whenever in the Judgment of the Commits
toner's. public health, afety or comfort re-
uire 1t. In the matter of the second class
amed all property-owncrs should petition.
THEY HAVE AUTHORITY.
The health officers certificate is not
ecessary. the law comforting npou the
alone the authority to de-
nrmine when public work is required.
he Commissioners are also to judge
'hether the repair of n side ewalkisnecessary
Or public safety and comfort.
Two fun weeks should elapse between
he date Of the first insertion of the ad
ertisement and the day fixed for hearing.
he law requires advertisement twice a
7cek for two weeks in some newspaper
In Washington.
CurbiDg not being part Of a sidewalk an
for curb in connection with
dewalk is Illegal, and has been SO held by
he court Of appeals. 1sf'
The excise board disposed of nine APP
locations for license to-day, seven retail
nd two wholesale. all being acted upon