Evening star., 1897-02-10

use Of the streets of city, as an inciden,
OF its right to run to or from such city
The Maryland charter does not give this
company the right to use the streets of the
city OF baltimore. except upon such terms
and conditions as may be prescribed by
the city.
Original Limitations.
In decision of the Supreme Court of the
United States in the case of the Distric,
! of Columbia Commissioners VS.. the Balti-
more and Potomac Railroad Company
April 20. 1885. delivered by Mr.. Justice
Miller, it was stated that "the act of In
corporation of the Baltimore and Potomac
Railroad Company by the state of Mary
land confers no power upon it to use the
streets of city, as an incident of its
righ: to run to or from such city
Plan 5 would give the company a right to
lay four tracks through the city and to
its depot.
gress authorizing the Baltimore and Pc.
tomac Railroad Company to enter the Dis
trict provided that the level of said road
within said city shall conform to the pres
ent graduation of the streets, unless Con-
gress shall authorize a different level
and that the elevation CT the railroad tracks
would relieve the railroad company from
the requirements of the police regulate
as to limited speed of trains; full stop
page of trains before crossing rapid d-tra nsit
street car tracks: operation of safety gates
at crossings; non-occupation of crossings
by cars; non-parking of cars on streets
and similar laws, necessary for safety of
life and limb and property and for public
convenience in cases of steam railroads at
street grades.
commissioners Recommendations
In conclusion the Commissioners recon-
mend the adoption Of the method of doing
away with grade crossings substantially
as shown by plan 5, herein and that Sem
ate bill 1902 be amended accordingly; but
that if your committee does not concur,
then that Of plan 4, herein, be adopted, as
In that case the best one believed to be
obta1nabie, although it does not equal plan
. IN convenience to travel. street traffic and
local business and suitableness to this ma
tional capital
AS before suggested, any bill based upon
plan should provide for the purchase by
the District of the B street depot building
and train shed, and of the ground required
Ior driVeWays and hackstaEd at the sides
or the rev depot site. and for widening the
aiiey east OF its train shed: and, further
that the District should be responsible for
damages to private property on account
OF changes of grades of streets; that the
raiircad company have the right of con-
aehEatiCn OF private properties for sites
Tor passenger station. storage yard, and
freight station within the limits shown
upon plate 3; that in addition to streets
hereinbefore named TO be closed, E street
between 18th and 18th streets be closed
II desired for railroad use: that the via
duct along K, Sth and Water streets be
OF metal; that the railroad company re-
move its tracks and appurterances from
the mall. 9th street. Virginia and Mary
land avenues. and Canal street (except for
the south 60 feet east of street,: that
the locations and plans of constructions In
the streets be subject to approval by the
Commissioners; that the plan of the an
proach to the Long bridge be subject to
the approval Of the Secretary of War and
that the railroad company pay taxes upon
the public space vacated or closed for it's
LSe.
The Districts Share OF Expense.
trict for execution of plan S, hereinbefore
suggested. would comprise $257, $50 for
changes of street grades and for drive
ways and hackstand at the passenger sta
tion: the purchase of the street depot
buildings. assessed at 100000; the value
represented by the grant Of 129,O26 square
icet more OF public space than now used
Dy the railroad; the cost of restoring the
surfaces Of streets occupied by tracks ar
ter their removal and an indefinite amount
OF damages to private property on account
OF changes of street grades.
The Commissioners are impressed with
the urgent desirability of abolishlng the
grade crossings and establishing perma-
nent steam railroad routes and terminals
In O. complete and satisfactory Way suit
able to the national capital without re-
gard to the ordinary cost Of such works.
and of removing the railroad tracks from
virginia avenue and principal reserva-
tioEs.
They recognize, however, that Washing
ton Is not commercial city, and may
not therefore furnish remunerative railroad
ouslr ess Warranting the large expenditure
for new terminals herein contemplated
FOR these reasons. it may be equitable for
the District to bear larger part of the
expense of executing plan 5 than previous
~ indicated. the amount of the additional
expense to the District to be determined
aIter the approval of the railroad COM
pany's plan of constructions in the streets
Ihis report is signed by all of the Com