Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-02
A RAILWAY
Proceedings Instituted Against B.
and O. Receivers.
ALLEGED ILLEGAL OCCUPANCY
Space on Delaware Avenue in
Northeast Washington.
PAPERS IN THE CASE

District Attorney Davis late this after
Eoon instituted proceedings against the
Baltimore and Ohio Railroad Company for
alleged Illegal occupancy of land on Della
ware avenue northeast. The district attor-
! ney is acting under instructions from the
Attorney General in taking the matter into
court. The preparation Of the case required
| several weeks of his time, a vast amount of
searching among records, and a great deal
of other character of detail work.
The proceedings relate to the alleged I'M
| lawful occupation by the railroad company
| OF triangular plat of ground. bounded by
tie south line of ii street. the east line of
1 Delaware avenue, the north line of G street
northeast and the west line Of LIST street
| northeast. The Attorney General was re-
quested to act by the Secretary of the In
| terror. The Northeast Washington Citizens
/ Association was active in urging the last
| named official to take steps looking toward
the ejectment of the railroad COMPANY from,
the plat described.
The suit just instituted is in the form of a
nlii IN equity. The bill is of unusual inter-
est, Tor the reason that it includes sort
OF history Of the legislation covering the
lumbia. VI w.
The district attorney filed the bill in the
Dame OF the United States of America and
names as defendants the Baltimore and
Ohio Railroad Company. John r Cowan
ana oscar q. Murray, receivers and John
" 4homas. 1t is asked that the unlawful
eicrodcnments and Instructions upon and
occupations of the space in question he
declared by the court to he n,,isaroo.
mat the defendants be restrained from
Iurther maintaining and continuing tho
aane, ana that they be ordered and re-
CURED 10 remove the unlawful DISTINCTIONS
from the space ~ '-o'''
o.. ter explaining that thu Baltimore and
onio hailroad Company is a body corno
Land u ho'. lhe laws of the state of Mary
,liiu. having certain rights, privileges and
powers In the District of Columbia ana
mat the United States of America are tho
oW sIl IN Zee simple OF the streets in the
Sl'S Oh washington; that among the streets
IN the space between the stpeets dasia
mated on the plan of the city as H street
horth ana q street north and between tba
, mesteriy line OF square 10 and the east
me OF square 81, the district attorney as
a part of the bill, says: ~
Authority for Lateral Branch.
by the terms and provisions of an act
Of the Congress of the said United s,o+as
shh'ied An act to authorize the extension
Col struction and use of lateral branch
Oh the baltimore and Ohio Railroad Com
pahy INTO and within the District of Co.
iiimbia. approved March =. 1881. and q
Iurlher act of Congress, supplementary
,hereto, approved March 3. 1895 the said
bcdy corporate was authorized To continue
ire construction of a lateral branch road
from It's said main stem or road in the
state or Maryland into the said District
ana INTO the said city of Washington, and
10 point In said city at the Intersection
OF said II street north and said Delaware
avenue. and in pursuance of such anthor
lily dld construct and extend such lateral
, psa.ch' "hlch consisted of single track.
mat Is to say. of one roadbad only with
Two lines or rails. into and within the said
District and to point in the said civ of
washington, at the intersection of the
street and avenue last aforesaid and that
by the terms of said supplementary act of
said Congress. approved March 3, 1895, til.
TURNER extension and construction by the
SAID oody corporate of the said lateral
branch road within the said city of WASH
lpgton was dependent upon the approval of
the mayor, board Of aldermen and board
OF common council of the said city of
ashinSton, OF the route TO be followed in
such further extension and construction
That the said body corporate proposed
and submitted to the said mayor and
boards Of aldermen and common council
for approval, plan for the location of
such route of further extension and con-
struction of said lateral branch in said
city, which plan provided for a single
track, that is to say, for ona roadbed only
with two lines of rails; and that the plan
so proposed and submitted was approved
by the said mayer, board of aldermen and
ECard OF common council, and an ordinance
Was Dy tneIH passed on April 3, 1875, ap-
proving the same. entitled An act declar-
ing the assent of the corporation of ths
city of Washington to the route adopted
by the Baltimore and Ohio Railroad Com
paDy for the literal branch of said road
within the limits of said city"
And tina. the said body corporate In
pursuance of and according to such last
mentioned plan. did further extend and
construct in said city and in a southerly
direction. the said lateral branch, with a
single track of one road bed only and two
lines of rails, from the said point at the
Intersection of said H street north and
Delaware avenue through the space afore-
said, between said Fl and G streets and the
said westerly line boundary of said
square numbered seven hundred and nine
teen GlO and the said east line or boun-
dairy of said square numbered six hundred
and seventy-seven (67O. and upon line
distant eighty $50 feet from the said west
erly line or boundary of said square num-
bered seven hundred and nineteen G1Y.
and that said lateral branch was called
and became end is now known as the
Washington branch of the Baltimore and
Ohio railroad.
Further Legislation.