Evening star., 1897-07-30
RAILROADS OBJECT
Brightwood and Anaoostia Lines Want an
Injunction.
To Prevent Sefsurc and Sale by the
District of Columbia-The
Charges.

The Rrightwood Railway Company today
filed a bill in equity against the District of
Columbia and Eldr.d G. Davis, collector
of taxes, praying that the defendants be
enjoined aNd restrained from seizing or
distraining any Of the companys property
for or on account of any sum or sums
claimed to be due from the company in
lieu OF taxes; that the defendants desist
from making any attempt to collect the
same during the tendency of the suit, and
that upon a final hearing, the court make
the injunction prayed for a perpetual one
The company, through it's attorneys,
Messrs. A. A. Birney and A. G. Stafford,
charges that the District unjustly, and in
Contravention of the companys rights and
to its manifest wrong, injury and opprcs-
son. claims and insists that the company,
In lieu of taxes upon its personal property,
including Its cars and motive power, is iE-
debted to the District to the amount Of 4
per cent of the company's gross earnings
upon Its traffic for the years 1895, 1896 and
1857. and that the collector of taxes has
informed the company that he will today
forcibly, and against its will, seize upon.
dstrain and sell a portion of the companys
Pre- perty now used by 1t unless payment be
made to him of said amount.
The company claims that it cannot be
lawfully required to pay any other or
greater amount of public dues or taxes or
charges of different kinds for the support
j Vi lbe SoNSIiiHeHt, IMAM are imposed Dy
Congress upon other District street rail-
way companies, and that it is and was out
| OF the power of Congress TO impose the
charges SO sought to be imposed by the
act of August l, 1883.
The company states that at the time of
the passage of this act and ever since at
least two other companies, the Metropoli-
| tan and Columbia railway companies
complainant company alleges that Con-
gress has merely required those two COM
panies to pay the usual tax of 81 80 upon
each 800 of their assessed property.
wherefore, 1t is said, they are taxed un-
DER 1i2 per cent upon their tangible and
nXed assets and nothing whatever, ii is
charged. upon the enormous sums re-
ceived by them as earnings from traffic."
Whlle the complainant company is sought
| to be charged with 4 per cent upon its
gross earnings, a charge greatly in excess
proportionately of that imposed upon the
| MGtrop0lltan and Columbia companies
Inc brlghtWood comp9ny declares that
Congress had and has no right to thus dis
cr'mlnhte between said companies 1t also
asserts that the said charge of per cent
| is ui.alent to tax upon its income, and,
therefore. unconstitutional.
Ihe complainant company states that by
the act OF February 26, 1895, passed against
1ts protest. 1t is required to sell four coupoa
tickets for % cents, good for a continuous
ride over its line and the lines of the Met
rop politan road, and that it is required to
redeem the tickets - collected the
iatter company at 212 cents each.
In that way, it is claimed no
equivalent being granted it therefor.
| its revenues and gross earnings have been
greatly reduced, its road ever since being
operated at a q eat and steady loss, such
reduction and loss being in excess of said
per cent. Therefore, it is claimed, the
said provision of the act of February 26,
1885. repealed and nullified by implication
ttat section of the complainant company's
charter whereby it is required to ray said
per cent on its gross earnings.
Tie company says all its property and
franchises are mortgaged; that 1t is un-
able to pay said charge of per cent; that
1t is unable to borrow anything, and that
If compelled to pay the said charge it will
be compelled to abandon its road.
similar suit filed today by the
Anacostia and Potomac River Railroad
Company, and in both cases Judge Hagner
directed that the defendants show cause
the lth of September why the injunctions
asked for shall rot be granted.