Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-13
the company's maneuver to save the fran
chise without abating the nuisance.
A Trick to Save n Franchise.

CElSe without dDdtlnS the nuisance
A Trick to Save Franchise.
This car" said Mr.. Barker, carries no
passengers and is not even switched, being
run back and forth on the same track, ap-
parently for the accommodation of the
small boys of the neighbOrhood. There
seems to be no regular schedule, but the
driver takes the car back and forth as it
pleases him. 1t is all too plainly a trick to
maintain the right to use this piece Of track
and we hope that it will not succeed in pre-
venting the removal of the rails that have
interfered seriously with our use of the
street for many years. We are grateful to
The Star for it's efforts to enforce an obedi-
ence to the law, and We hope that it will
continue to work in behalf of the citizens
for the rights that they should be given in
the use of the street.
The new move on the part of the COM
pany is regarded the more interesting
because of the fact that the road is In the
hands of a receiver, who is therefore under
the orders Of the court. Inasmuch as the
operation of the car on New York avenue
requires the service of man and several
horses. costing at least 81 a week, 1T is
questioned by those who have inquired into
the matter whether the receiver is possess
ed of any authority to incur such ex
penSe- 1t Is an expense that was not in
cluded within the range of the receivers
duties at the time he was appointed by the
court and there may be a disposition on the
part of creditors of the road to enter a pro-
test against even so small drain upon the
income.
The lexington road has recently changed
hands. in fact, although the receiver APP
pointed during the ownership of the pre-
vious holders CT the charter is still in serv-
ice. 1t is suggested that perhaps this
eleventh-hour effort to save the franchise
along New York avenue is due to de-
sire on the part of the new company to
hold the light TO reach the Capital Trac-
ton road at 9TH street and New York
iS ohern
that April 30. 1892, an act was passed
amending the charter of the then Rock
Creek Railroad Company, extending the
line frcm the terminus then established
at 14th and u streets by way of U street
and Florida avenue to the corner of Flori-
da avenue and North Capitol street. The
Rock Creek company, now the Capital
Traction company, utilized only a part
of this privilege, extending the line no
further than eth street. The privilege to
go TO North Capitol street and Florida
avenue lapsed under the terms Of the ex-
tension act. But this act also contained
the following section:
That the Rock Creek Railway Company
and the lexington and Soldiers Home
Railway Company shall have the power
to make any contracts or agreements that
may be necessary to enable the said COM
panies to run the of each either
company over the tracks of the other
company and also to contract for and use
the power of each or either company to
plOpSl lIc cars Vi tHt JULIET company.
Possible InterpOwer Service.
1t is thought that there is no doubt that
all unldpsed privileges granted the Rock
Creek Company passed without impairment
to its successor. the Capital Traction Com
pany. The change in name on the part
of this property was, far as the law
is concerned, a change in name only. not
WithStanding the fact that the change
m n .lf cd ha of .l1fh M ring
the change of name was of the most far
reaching material consequences. If this
proposition be well founded, 1t is plain
that there is today possible an intercar or
an interpower service between the Eek
ington road and the 7th street road. 1t
is already officially forecasted that the
9TH street road will be placed on an cleo
trical basis within comparatively short
time and it is thought to be barely pos
sble now that the desire to preserve the
hitherto useless franchise on New York
avenue between 9TH and Ith streets may
De due to an intention on the part of the
new owners of the lexington road 20
enter into an arrangement with the Cap
ital Traction Company at 9TH street and
New York avenue, by utilizing the quoted
clause Of the act of April 80, 1892 Of
course, if such Il connection were desired
it would be possible to effect 1t at the
corner of 18th and streets or at the cor
ner of 9TH and b streets. the latter being
the terminus of the lexington line. The
offers certain advantages for power sup
ply purposes for either the lexington or
the 18th street road that the other points do
rot possess. In view of the many posi-
bilities of the situation, therefore. the de-
velopn.cnts of the ejectment suit now in
process of preparation are awaited with
interest by the street railroad public of the
city.
No Effect on Court Proceedings,
District Attorney Davis stated to a Star
reporter today that the placing of a car in
service by the lexington company on the
tracks along New York avenue between
9Th and 9TH streets, would have no effect
on the proceedings in court to be insti-
tutod by him within a few days in the
direction of compelling the company to re-
move the tracks.
In the opinion of Mr.. Davis. if the right
10 maintain the tracks has been forfeited
by long period of disuse that status OF
affairs will not be altered by the placing of
car in service, after the institution of
proceedings against the company has been
directed by the Attorney General.