Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-29
M. Frizell Discovers an Old and
Interesting Map.
Its BEARING ON B. And 0. PROBLEM
Confines Tracks to DeIawar Q
Avenue South of Street.
DISTRICT ATTORNEY WILL ACT

An important document bearing on the
question of the legality of tracks of the
Baltimore and Ohio Railroad Company on
list street and Delaware avenue between G
and H streets northeast has been found
and is now in possession of the district at
torney, to be used in legal procedures
which, it is expected, viii be brought before
the courts here in October. This document
is in the form of a map, which is said to be
the authority on which the Baltimore and
Ohio ran its main line into the city, and
which shows the location of the company'S
tracks to be on Delaware avenue alone,
while it specifically indicates that LIST street
is not TO be used by the railroad. This map
is entitled "a map exhibiting the position
of two lines located with a view to the ex-
tension of the Baltimore and Washington
railroad within the city of Washington"
II was attested by the mayor of the city,
the chief engineer of the railroad company
ana the superintendent of the city of
Washington
Two lines of the road from the middle
of | street between n and Sd streets into
the city We're under discussion. These lines
diVerged at ID and l streets, and crossing
square rs enthusiastically, one continued
down Delaware avenue south of z street.
where 1t crossed square 6S1 toward the
present depot The other line, at the point
of divergence at ID and 1 streets, pro-
ceeded across Delaware avenue, cut
through the corner of the triangle bounded
by II and LIST streets and Delaware ave-
nue., and continued sOuthwardIy On LIST TO
f. street The map in question was made
in order to fix upon one of these lines for
the railroad, and specifically names the line
on Delaware avenue as the route adopted.
As is known, the tracks are now on both
Delaware avenue and LIST street in large
numbers.
Result of the Discovery
The finding of this map has resulted in q
renewed effort to remove the tracks of the
railroad company from LIST st-aet, and Mr..
Taggart, the assistant district attorney, has
the case in charge, and will bring it to
court soon possible. The finding of
this map makes an interesting story. Mr..
VIM. j. Trizzel. member Of the committee
on railroads of the board of trade and of
the Northeast Washington Citizens Asso-
citation, in pursuing his work in behalf of
these organizations had long known of the
existence of the map in question, but it
was supposed to have been lost. The for
mer city surveyor had stated that Governor
Shepherd during his administration had
borrowed this map, which was approved III
1875. and had never returned it to the Of
flee. When the present city surveyor came
into office Mr.. Frizzell requested permits
sion to examine the maps of his Office and
he soon discovered the very map that had
SO long been desired.
1t constituted the important evidence in
the case of the location of these tracks
over the indicated, and without it it
was said to be impossible to prove the ex-
act legal location of the line of the railroad
Mr.. Frizzell informed Mr. Taggart of his
find, and means We're taken to forever pre-
serve the valuable evidence, and the map
was at once Autographed. Photographs
were also taken of the locality in question
to show the number of tracks on both 1st
street and Delaware avenue and it is ex-
pected that testimony in the case will be
taken in August, that it may come up
for trial in the October term. 1t will be
claimed before the court that the man
above referred to is the authority for the
line of the Baltimore and Ohio railroad in
this city, and that by it the line is limited
to Delaware avenue. Speaking of this case
to Star reporter today, Mr.. Frizzell said:
Review of the Case.
After voluminous correspondence in
augurated by the representatives of the
Northeast Washington Citizens Associa-
ton, addressed to the then Secretary of the
Interior. Hoke Smith relative to the occu-
pancy by the Baltimore and Ohio railroad
tracks of the public space on Delaware
avenue and 1st street between G. and III
streets northeast, and replies thereto on
the contentious made by the attorneys for
the Baltimore and Ohio Railroad Company,
Secretary Smith ordered the Baltimore and
Ohio company to remove it's tracks from
said space within thirty days from the date
or his order which expired on or before the
however. the Secretary extended the time
for sixty days, but before the expiration
thereof the Secretary resigned his Office and
was succeeded by Mr.. Francis. During the
three months that Mr.. Francis occupied the
office he did nothing whatever in the
premises.
Shortly after the incoming of the pres
ent administration an appeal was made by
the Northeast Washington Citizens Asso-
citation to President Mckinley to have his
Attorney General assert the rights of the
United States to the reclamation of some of
the northeastern streets. For this purpose
the Attorney General found ample author
ity in section 1918 of the Revised Statutes
of the United States, making it the duty
of the Secretary of the Interior to recover
possession of United States lands. Other
sections vest similar authority, respectively,
in the Attorney General and the engineer
officer in charge Of the public buildings and
grounds
1.-THE United States attorney for the Dis
trict of Columbia was at once directed by
the Attorney General to institute proper
proceedings in the Supreme Court of the
District but the district attorney had not
proceeded far before he learned that GER
tain map of the route Of the railroad within
the city limits, required by the original
charter of the company, was said to be
missing from the Office of the surveyor,
where under the law, It was to be kept on
file.
Supposed to Be Lost.
'sThe former city surveyor had always
claimed, when asked about this map, that
Governor Shepherd. during his admlnistra-
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