Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-21
Violated Law When Acting as Agent
for Falls Church Railroad.
JUDGE MILLS DECIDES Case TODAY
Company Without Authority to Use
the Bridge.
T 81 E JUDGES OPINION

Iuuse Mills today decided that Charles
Smith, acting for the Falls Church EIec-
tric Railway Company. was guilty of vio-
iatins the police regulations in tearing up
the noorfng of the Aqueduct bridge Tor the
purpose of laying tracks thereon about
Two weeks ago. Messrs. Birney and Lips
COMP, counsel for the defendant, gave no.
ice tnat they would apply for writ OF
error. and Judge Mills deferred sentence.
rreVions to announcing his decision Judge
Mills read the following opinion in the
case:
The Constitution of the United States
gives to the Congress of the United States
exclusive Jurisdiction and the power of
legislation over the District of Columbia.
February q, 1871, an act of Congress
was passed creating a government for the
District of Columbia, under which name
1t was created body corporate for mt
nlcipal purposes, witha governor board
OF public works and a legislative assembly
section 247, Revised Statutes gives the
legislative assembly the care and charge
OF and exclusive Jurisdiction over all the
public roads and bridges except such as
belong to and are under the care of the
united states, except such as may be
otherwise specially provided for by Con-
greSS.
Powers of the COmmissioners.
the District was created, and the Commits
sloners OF the District succeeded to all the
powers and rights heretofore possessed AMI
exercised by the governor, board of public
works and legislative assembly. By an
act of Congress approved June o. 1879,
the Commissioners were empowered to
make police regulations.
At the first session. Fiftieth Congress.
1929. the care of the Aqueduct bridge
he r,,rf tel, o%;~
sioners and appropriation from District
funds of one-half of the expenses
Section 246, Revised Statutes, District of
Columbia declare that all public roads
within the District of Columbia. which
have been duly laid out, declared and re-
corded as such are public highways.
Section PAT reads: The legislative as
sembly shall have the care and charge of
and exclusive jurisdiction over all the pub
lie roads and bridges except such as be-
Ions to and are under the care of the
United States, and except such as may be
otherwise specially provided for by Con-
greSS.
Authorized to Build Bridges.
February 2S 1881, the Washington and
Arlington railway was Incorporated and
chartered by Congress with authority to
construct a railway with motive power to
be approved by the Commissioners, and
they Qhe railway company were author
lied to construct and maintain a bridge
across the Potomac rive, on sucn plans
as the Secretary of War may approve, and
from thence by, on and over such lines
may be selected by said company, with
the approval of the Secretary of War to
the northwest entrance Of the Arlington
cemetery, and thence through the Airing
ron estate outside of the cemetery grounds
TO tn: sorth or west line thereof. in the
state of Virginia. 1t is provided that no
work shall be done on said road in the
hn los ,y,l
specifications of the proposed bridge on
the Potomac river shall have been ap-
proved By the Secretary Of War, and the
cons truction of said bridge actually com
menced, and provided that much of
said line as may lie within the state of
Virginia shall first receive the approval
of the authorities Of that state.
section OF the same act requires he
approval of the Commissioners as 20 so
much as lies within the District of Column
bia, and the Secretary of War as to the
remainder of said railway.
COmpnny's Prcroeatives.
Now, ii will be seen first. that the Com
missioners of the District of Columbia
have jurisdiction over all streers, avenues,
alleys and bridges. except such IS may
be otherwise specially provided for by Con-
gress," and that in the case of the railway
company named Congress has conferred
upon the said road certain powers, lin
tied
First to the approval CT the Secretary
OF War where such road proposes to run
It's lines on government property, the mil
itary reservation and cemetery of Airing
ton or on the bridge to be built, or the
Aqueduct bridge, which approval must
be in writing.
Second. subject to the approval of the
Commissioners of the District of Columbia,
where the lines of such road are operated
In the District of Columbia.
Permission Not Given.
Assuming that the Secretary of War has
the power to grant license to the rail-
way to use the Aqueduct bridge, it does
not appear from the files of the War De-
partment, used exhibits in this case,
that any such approval has been made or
any license given to either of said COM
panies to cross the bridge. The first Ii
cense, that from Acting Secretary of War
l.. A. Grant, authorizes the Washington
and Arlington Railway Company TO locate
its line on the government reservation at
Fort Myer.
Second license. 9Th September, 1894, au-
thorizes operating of double track on Fort
Myer reservation.
Third license, approved April 20 1895. au-
thoriZes the Washington and Arlington and
Falls Church Railway Company to cross
the northwest corner of Fort Myer reser-
walton.
Fourth license authorizes them to extend
the track to the south end of the Aaueduct
bridge.
Fifth license, January 5, 1897, authorizes
the laying of a railway track in addition
to the one authorized by the Secretary of
War, by license dated December 49, 1925
on the government reservation at the south
approach to the Aqueduct bridge in Alex
andria county, Va. 1t not appearing that
the Secretary Of War has approved the use
of the Aqueduct bridge by the company or
either of them in writing, as the charter
requires. 1t cannot be commended that the
railway has had the approval of that off,
Ger and the court need not go further
The Charter Requirements.
But will say that even If such approval
had been shown, the charter requires the
construction Of the road to be under the
supervision and control of the Commits
sioners of the District of Columbia. and
that they must approve such construction.
Therefore, any one. whether he claims to