Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-02
city along and across which the said Wash
ington branch and the said Metropolitan
branch passed.

city along and across which the said Wash
ington branch and the said Metropolitan
branch passed.
The EncrOachments Specified.
THAT except as above stated the said
company had and has no lawful right to
use for and to occupy with Its tracks or
roadbeds and rails any portion of the said
space or in any manner to otherwise OBJ
struct or occupy permanently any portion
of the said space, yet complainants aver
the fact to be that the said company by
successive encroachments otherwise made
thereon from time to time did unlawfully
permanently appropriate and occupy in its
business, and to the exclusion of complain
ants ard the public therefrom. portions Of
said space, by the construction and main
tenance thereon of another track-that is
to say, of another roadbed with two lines
of rails, extending through said space,
parallel to and Immediately east of the
track or roadbed with two lines of rails
mentioned in paragraph 5. called the Wash
ington branch as aforesaid; and by the con-
structicn and maintenance thereon of other
tracks, consisting of roadbeds and rails.
and called sidings. and by putting and
placing on such sidings great numbers of
the cars of said company, and by causing
and permitting such cars to there remain
from day to day. and by unloading and de-
livering merchandise from said cars; and
by the erection and maintenance of per-
manent distractions of heavy timbers as
bumpers at the H street end Of said sid
ings. designed to prevent such cars from
getting off said sidings and upon said H
nance on said space of permanent OBJ
struction of large size called derrick; and
by the placing and keeping from day to
day on portions Of said space of many
crmberous movable articles.
THAT on the 10Th day of February, 1885,
the circuit court of the United States for
the District of Maryland passed a decree in
certain cause depending in said court,
wherein the Mercantile Trust Company was
complainant and the said Baltimore and
Ohio Railroad Company was defendant,
whereby the said John X. Cowen and the
said Oscar G. Murray were appointed re-
ceivers for said court of all and singular
the railroads property franchises, assets,
credits and effects Of the said company,
wheresoever situate, held or controlled by
said company, and authorized and directed
the said receivers to take immediate pos
session of all and singular the property
and premises aforesaid, and to hold the
same as the officers Of said court, and to
run and operate and to cause to be run
and operated the said railroads owned by
the said company. and to exercise all rights
and franchises of the said company, and
that by said decree the said company and
Its officers, agents and employees were en-
jcired from interfering in any way what
sewer with the possession and manage
n:ent of any part of the property anu
premises committed to the said receivers as
aforesaid, and from interfering to prevent
In any way the discharge of the duties
joined upon said receivers by said decree.
Authority of Receivers.
by a decree passed by the Supreme
Court of the said District of Columbia, on
the I'd day of March. 1896, wherein the said
Mercantile Trust Company was also COM
plainant and the said Baltimore and Ohio
Railroad Company was defendant, the de-
cree first aforesaid was adopted as the de-
cree of said Supreme Court, and the said
John x. Cowen and Oscar G. Murray were
also appointed receivers OF said supreme
court. of all the properties, estates and
franchises of the said company within the
Jurisdic ton of said supreme court and
with the same powers and duties in respect
of the same, set forth and prescribed in
said first mentioned decree, and the Off
GERS, agents and employees of said COM
pany, and all persons whosoever were en-
Joined by said last mentioned decree from
interfering III any way whatever with the
possession or management of the same and
from interfering in any way with the dis
charge of the duties of said receivers.
by virtue of the said DEGREES the said
John K. Cowen and the said Oscar G.
Murray did thereupon take possession of
all the properties. estates and franchises
OF the said company in the said District of
Columbia, and have since continued to
run and to operate the said branch rail-
roads OF the said company therein, as
Heretofore run and operated by said COM
pany, and have since conducted the rail-
road business in the said District of Co.
lumbia as Heretofore conducted by said
Company, and are now running and Cperat-
ing the said roads and conducting said
business through agents and employees of
their own, and particularly through the
GefenGPnt, John G. Thomas who Is one Of
their agents and employees, and who as
such las control of the running of trains
N n nf S.i1 l,,ct, ba
said receivers in the said District of Co.
lumbia, under said DEGREES.
Unlawful Occupancy.
Since the said receivers have so taken
possession OF the property of the said
company in the said District of Columbia
and since they have SO conducted therein
said business, as aforesaid, they have, and
the said John G. Thomas, their agent
and employs as aforesaid, has, unlawfully
continued the maintenance Of and they
and he are now unlawfully maintaining
the said several encIoachments upon, OBJ
structions upon and occupations CT the
said space, mentioned In paragraph seven
of this bill. and in the manner set forth
in said paragraph; and that the said re-
ceivers and the said John G.. Thomas have
placed and caused to be placed, an ;sddi-
tlonal obstruction upon said space, con-
sisting Of many large timbers, which COM
plainants aver 1t is the intention Of the
receivers and of the said John G. Thomas
to use in making repairs to and extensions
of said derrick; and that the said TN
lawful encroa chments and obstructions
Upon and occupations of the said SPACE
constitute nuisance and a trespass and
purpresture upon the said land of com
plainants, and that the same should be
abated."
Cnused Tracks.
1t is understood the district attorney will
forthwith proceed with the preparation OF
the case to compel the lexington and Sol
diers' Home Railroad Company to remove
the unused tracks on New York avenue be-
tween 9TH and It'll streets and restore the
street TO its former condition
Equal Rlght-.As n Soul"
To the Editor Of The Evening Star:
In the Notes and Queries of Outlook.
the organ of the eYangelical denomina ton