The times., 1898-07-27
TRACKAGE RIGHTS.
The Courts VIII Construe the Act
of Congress of August z, 1894

The Courts VIII Construe the Act
of Congress of August z, 1894.
The Metropolitan Railroad Company
within week or two may file an an
swer to the petition of the Brightwood
Railway Company, asking that the courts
arrange terms upon which the laws rela-
tive to trackage may be enforced.
The law under which the Brightwood
Railway Company Instituted proceedings
received the signature of President Cleve-
land in 1891. The present underground
system OF the Metropolitan Railway Com
pany had not been completed, and the
two roads were not then operated by the
same motive power. In 1885. however,
the Ninth Street line was completed as
far as Florida Avenue and Seventh Street.
The branch on Florida Avenue, between
Ninth and Seventh Streets, was operated
by shuttle car. During the last ses-
sion of Congress the Metropolitan Com
pany secured permission to extend is sys-
TEN to its property on Brightwood Ave
nue.. and by the end of last May the
work was completed.
The law enacted on August 2 1894, on
the subject is as follows:
Section ). That the Metropolitan Rail-
road Company Is hereby authorized and
required immedia ely TO make reciprocal
transfer arrangements with street rail-
road companies whose lines now connect
with its lines and 10 furnish such facili-
ties therefor as the public convenience
may require. Upon the completion Of
the underground electric system provided
for in this act The said metropolitan Rail-
road Company is hereby further author
lied and required 10 enrer into recip-
rocal trackage arrangements with con-
Meeting roads. The schedules and com
pensation shall be mutually agreed upon
between the said Metropolitan Railroad
Company and the companies with whose
lines H. connects. and in any case of fail
ure TO reach such mutual agreement the
matters in dispute shall be determined
by the Supreme Court of the District
OF Columbia upon petition filed by either
party: Provided, That every stree rail-
way company in the District of Column
bia whose lines connect with the lines
of any other street railway company is
hereby subjected to the same require
ments as TO transfers and trackage ar
rangemen.s, and upon similar conditions,
as in this section provided in the case
of the Metropolitan Railroad Company
and the line connecting herewith
The law was amended June ii, 1870 as
follows: Provided, that the fifth sec
ton of the act of Congress approved Au-
gust 2. 1924, relating TO reciprocal trackage
arrangements by the Metropolitan ana
other railroad companies, be, and the
same is hereby amended by adding the
following thereto: Provided, that any
suburban street railroad company in the
District of Columbia intersecting or con-
Meeting with any urban street railroad
may have such reasonable number of its
trail cars drawn by such urban railroad
company over the routes of such urban
railroad company for the transportation
of through passengers as shall not, in
the judgment of the Supreme Court OF
the District of Columbia, be 10 the undue
detriment OF such urban railroad com
pany. The schedule, kind and number of
cars to be drawn, compensation there
for, and all other matters relating there
to in the event of such railroad eompa
nies being unable to agree between them
selves shall, from time to time on petit
tion VI either railroad company, be decid-
ed by said Supreme Court. Provided fur
ther, that in no event shall railroad
company be entitled under said law pro-
viding for trackage agreements or under
the provisions of this act to collect fare
except for such passengers as board cars
upon their own line. Provided further
that this provision shall not be con-
strued to affect rights heretofore acquired
either by contract or until any order of
court made under authority of law