Evening star., 1896-03-24
THE DISTRICT WINS
~
Awarded sixty-eight Thousand Dollars
by the Court.
Suit Against the Metropolitan Road
and the Final 9udgment
Announced.

The suit instituted by the District against
tho Metropolitan Railroad Company No
vember 27, 1880, to recover the sum of $751;
622.52 for work done and materials fur
nished in paving certain streets Of Wash
ington and Georgetown at various times,
in and adjacent to the company's tracks,
from 1871 to 1875, in consequence Of the
failure Of the company to do the work and
furnish the materials which, the District
claimed, it was the duty of the company to
do and furnish under its charter, was today
finally disposed of in the Court Of Appeals
in favor of the District, the District being
awarded the sum of s34,136.12, with interest
thereon from November 27, 1880. The
award, with interest, viii lamount to about
S6SO0O. The court in deciding the case to-
day divided. Mr.. Justice Shepard dissenting
from the opinion OF the majority Of the
court, which was written by Mr.. Justice
Norris By the provisions of a special act
Of Congress of August 2, 1894. the long
pending case was transferred to the Court
of Appeals, both parties to the case agree
ing that the decision of the court should
be final determination of the controversy.
Hence. the action of the court today is an
end of the matter, there being no further
appeal open to either side.
Long Battle.
TIE opinion is an unusually voluminous
one, and Mr.. Justice Morris recites at great
length the history of the ease. He shows
that the work was done by the board of
public works, and that when the suit was
instituted the railroad company urged,
among other things. that the suit was
barred by the statute of limitations. The
case went to trial, a verdict awarding the
District $147, ,5O7.O5 being rendered. But
in 1880 the limited States Surname Court
reversed that judgment, on the ground
that the Districts claim was barred by
the statute of limitations. There the mat
ter rested for about four years, Congress
meantime endeavoring to compel the COM
pany to pay the Judgment or forfeit its
charter. Various extensions were given,
however, the last extension being granted
by the act of August 2, 1894, Above referred
to. Upon the reference of the case to the
Court of Appeals that court referred the
cause to Colonel James G. Payne, auditor
of the District Supreme Court, to state an
account. That reference was made last
June, and Colonel Payne awarded the Dis
trict $34, 1862. To that finding both sides
excepted, the District because it's whole
cleir1 was not allowed, and the company
because of the allowance.
Claims Disnllowed.
Counsel for the District, Messrs. S. T.
Thomas and A. B. Duvall, admitted that
the claim Of the District for work done in
Georgetown was without foundation, and
that admission reduced the amount claimed
to s132,214.42. Col. Payne disallowed the
claim of $75,S16.40 for work done on East
Capitol, 1st and 9th streets, and $22 261 go
for work done on nth ank P streets. the
company claiming that it Mad two years in
which to do the work. The disallowance of
those amounts the majority Of the Court of
Appeals affirmed, but Mr.. Justice Shepa rd,
in his dissenting opinion. holds that the Dis
trict should have been allowed the sun of
$132, 2,214.42, with interest.
Mr. Justice Morris says, among other
things that the company is merely an in
hahitant of the municipality, the latter
representing the sovereign power OF the
general government, the governments con-
troll over the public highways being SUI
preme.
In granting the company the right to
occupy the streets a great privilege was
granted, in consideration Of which it be-
came the duty of the company to keep the
portions Of the highways occupied by it in
good repair and well paved. Congress never
highways from the control and jurisdiction
of the District and commit that control ex-
cusively to the company. rIt is" says the
court, "for the municipality, then, to de-
termine what grades it will establish for
the streets, what pavements it will lay and
what changes, If any, it will make from
time to time in those grades and pave
ments, and it is specifically made the duty
of the railroad company to conform thereto.
The power of the municipality does not ex-
tend merely to the portion of the highway
occupied by the railroad, for entire control
over the whole area Of the highway is given
to