Evening star., 1896-07-31
ROAD ORDERED OFF
The B. and O. Must Vacate a Public
Reservation.
VICTORY FOR CITIZENS ASSOCIATION
Long-Drawn-Out Fight Ended by
an Order Today.
IN CONTROVERSY

Secretary Hoke Smith of the Interior
Department has issued an order to the
receivers of tho Baltimore and Ohio Rail-
read Company directing them to remove
their tracks, cars. derricks. etc, from the
government reservation bounded by G and
H streets and Delaware avenue and LIST
street northeast, within sixty days from
August /.
The issuance OF this order is the out
come of ten years CT fighting on the part
Of President E. H. Tucker and the men,
bers of the Northeast Washington Citizens
Association, and is hailed by them with
great delight, not only because Of the sue
cess of their long-oon;inued efforts, but
because so far as is known it is the first
time in the history of railroading in this
part of the country at least that railroad
company has been forced tc vaca te prop
erty so long held by it, even by sufferance,
without resort to the courts
The place referred to is particularly
dangerous one for persons riding In the
cable cars, in vehicles or bicycles and pc
have been but few persons killed there, the
incidents of narrow escape from horrible
death are quite numerous.
Since. too, the cable cars have been run
ming on II street the collisions between
freight engines and heavy wagons have
been of such frequency as to greatly annoy
the passengers On the cars, the engines on
several occasions causing the heavily load
ed wagons TO break down on the able
crossing and delay persons on their way
to or from business for a long time.
There have also been instances when the
street cars were struck by the locomotives
and the lives of The passengers thereby en-
dangered.
Authorities Informed.
The Northeast Washington Citizens AS
hN Eyyan / clnr ilar&
under date OF January 30, 1896, called the
attention of the department TO the fact
that the public reservation in question was
at that time and had been for number of
years previous thereto, unlawfully occu-
pied by the Baltimore and OHIO Railroad
Company for the parking of cars. etc,
II erehy endangering the lives of thousands
of people who We're compelled to cross the
tracks at that point by obstrUcting the
view OF passing trains on the adjacent
tracks. causing numerous accidents, res ut
ing In loss OF life. LIMB and property; also,
that it used said ground a place to Un-
load freight. causing a nuisance to the
neghborhood and great Inconvenience to
the public. The association requested thai
under the authority reserved to the Secre.
tary of the Interior by section 1SlS Re-
Vised Statutes. that said corporate he
prevented from further using sad public
space for its private purposes.
The Roads COntentinns
Citation was issued to the Baltimore and
Ohio Railroad Company to show cause why
it should not he required to vacate the pub
lie space or reservation Illegally occupied by
it. The company responded to such cita-
ton and requested hearing, which was
accorded, and subsequently filed a brief in
its behalf. In the latter the company adj
mits tlat it occupies the public space or
reservation in question; that it has no title
that it is the property of the government.
1t is claimed, however, that up to 1872 the
land in question was in the undiSturbed
possession of the company; that in 1872 the
authorities of the District of Columbia as
serted title thereto, and thereafter permit
ted the continued use of said space by the
company on the condition that it would un-
load thereon for delivery material for the
District government In 1887 the chief of
engineers, United States army, in charge of
public buildings and grounds in this city
asserted title to the said space or rcServa-
ton as United States property and claimed
that 1t was under his supervision: but made
no effort to disturb the company in its oc-
cupation thereof. In 1889 the officer in
Charge Of public buildings and grounds per-
mitted tie company to run additional
tracks into said space or reservati ton and
build large derrick thereon, the same to
be used in handling the granite and marble
for use in the construction of the Congress
sional Library building. The tracks and the
derrick in question still remain on said res
ervation, the government making use there
of at this time, alleged by the railroad
company, in receiving heavy stone freight
at that point