Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-15
THOSE UNUSED TRACKS
The lexington and Soldiers Home Com
pany Must Remove Them.
District Attorney Birney Receives
1n.tr4etpn. From the so,rci-.
WOr General.

Solicitor General Conrad has instructed
District AttorneyJ Birney to proceed with
the suit instituted in the Police Court
against the cIIckington and Soldiers
Home Railway Company to require the re-
moval of the tracks on g street from New
Jersey avenue to North Capitol street. and
on North Capitol street to New York ave-
nue.. as public, nuisance. He takes the
ground that the company has no defense.
legal or equitable, to the proceedings for
the removal Of the tracks, and says that
there should be no further delay in the
matter because of the alleged sale Of the
road to the Maryland and Washington
Railway Company. 1t has been represented
by Mr.. Douglass of the latter company
that these tracks form "a valuable link to
connect the Maryland and Washington
system with the lexington and Belt sys-
TENS
The Governments Answer to This.
On this point Mr.. Conrad says that the
fact that companies desire to retain the
tracks at the same time that they refuse to
operate them Is no answer to a proceeding
to compel their removal for non-use. The
claim that because Of the convenience to
the public of this connecting link Congress
would authorize the relaying Of the tracks
If now removed. it is argued. lies rather in
the hope of the companies than in any
cause for the belief.
Congress during the present session has
refused to grant the lexington Company
extensions 1t has strenuously urged on the
same ground, and has done because this
company has not operated the tracks it
now has and because 1T does not give an
adequate service on the tracks it does ope-
rate.
The COmpnny's Poor Argument.
1.-THE convenience of the public is poor
argumen mt on behalf of the company" said
an official of the Department Of Justice to a
Star reporter today. when the proceedng
is being taken at the urgent solicitation of
the public concerned, through their repre-
sentatives, the Commissioners. and their
own organization, on the sole ground that
the company has neglected (and is still ne
glecting and refusing while asking that suit
shall not be broughD to perform its duty in
the matter of the convenience of the public
proceeding which is editorialIy approved
by the local PRESS
Delay Is Evidently Wanted.
1t is said the proposition that the pro-
ceedings be had in the Supreme Court OF
the District instead of in the Police Court
Is intended merely for delay and to keep
the matter open until October or November
next. or even later, in the hope of securing
congressional action to have the hacks re-
main.
1t is recalled that the equity proceedings
brought to compel the removal of the over
head trolley, wires or New York avenue
after Congress had directed their removal
We're inCffectaal until proceedings were in
sttuted in the Police Court In that court
the company was fined SO a day (suit be-
ing brought each day., and II was the &C
emulation Of these fines which in the
end compelled the company to remove the
trolley. :" y
1t Is intimate1 that 1t is because the COM
pany fears this same procedure that 1t now
seeks to have another course pursued.
BObtnil Car.
The company put an old-fashioned bob
tail car on the tracks today. presumably to
show that they were in use.