The evening times., 1899-04-24
PROPERTY OWNERS OBJECT.
Protest Against the Proposed Four
leenth Street LOOn.

| ueehth Street
Raymond Patterson, in charge OF the
| Washington bureau of the Chicago Trib-
une,'' has addressed lengthy protest to
/ the District Commissioners against the
proposed terminal loop which the Capital
! Traction Company is desirous of construct
! ing at the head of the Fourteenth Street
| line. The protest has been noted by all
! three Commissioners. but no action has yet
/ been taken upon its contents which are
| briefly as follows:
"First-The building of the loop would
| be serious blow to the interests OF prop
erty owners on Kenyon Street. in that it
| would cut off easy access to Fourteenth
| Street. The block between Thirteenth and
| Fourteenth streets is being greatly i'm
| proved with substantial and costly houses
and the laying of tracks for any distance
would mean a marked decrease in the value
Of such property which should not be per-
mitted except by act of Congress.
'Seccnd-The running of the loop over
| Whitney Avenue, where il connects with
Park Street, would destroy. for driving
purposes, the direct rocte b-twesn the
| Soldiers Home Grounds and Rock Creek
Park, and would be adverse to the later
| ests of the people of the Dist:ic. generally.
"Third-Congress has authorized the
paving of Kenyon Street, between Thir-
! teenth and Fourteenth Street, as r,si-
! dence street, and the laying OF tracks
would be manifestly adverse TO the inten
tions of Congress.
"Fourth-The law of 1862 under which
the company proposes 10 lay tracks is not
applicable to this land and strest. The
company did not possess its present ter
minus at that time, and the law in Ques-
tion could not and did not give the COM
pany right of access to iso.ated land for
termini not then established. The law was
clearly intended to refer to termini as then
established, and additional rights could
clearly be acquired only by subsequent
specific legislation.
''Fifth-All deeds for property in Co.
lumbia Heights east of Fourteenth Street
contain a specific covenant thst the land
shall not be used for business purposes
The building of passenger station is
clearly for business purposes. as much SO
as a livery stable or sa Don, and the run
ming of tracks through the lot bstSeen
Kenyon Street and Whitney Ave2ue is also
the use of the lot for business pIrposes.
AS this covenant clearly bars the raiiroad
company from such use of the lots it is
manifest the company cannot have the
right to lay tracks on Kenyon Street until
its right to use the property for business
purposes is clearly established.
'SiXth-As other property owners on
Kenyon Street and Whitney Avenue fave
abided by, and do abide by the covenants
in their deeds, it is clearly the duty of the
Commissioners to withhold a permit for
the laying of tracks on Kenyon Street, as
even Congress cannot controvert the cove
nants OF the deeds without compensation
to all owners on Columbia Heights, east
of Fourteenth Street.
"Seventh-The use of this property for
the purposes named would be a dangerous
precedent for the future, which your hon.
orable body should prevent without hesi-
tation.
"Eighth-Under the provisions Of the
law Of 1862, itse.f, tn comps ny dearly can
not lay the tracks until after it has pro-
cured passenger rooms. ticket Offices, sta
bles, and depots' for which such tracks are
to connect with the main line. mere
promise to erect buildings does carry
the right to lay tracks, and as the adja-
cent property owners will naturally resort
to legal proceedings to prevent the erection
of such buildings, which the law itself says
are to be at such points as the business
OF the road may require, thus clearly con-
trCyerting the covenants CT the deeds, 1t
becomes the manifest duty OF the Commits
sioners to prevent the laying OF tracks un-
til after the buildings are erected and in
use. Until then the railroad company has
not even the shadow of right to lay
tracks without specific authority from Con-
gress.
''Ninth-The admitted purpose of the
company is clearly subterfuge. 1t has
no stations or stables east of Fourteenth
Street. and it proposes to build them for
the sole purpose of avoiding an appeal to
Congress, the issue of which could hardly
be doubted. The proposed loop is mani
festly not for the purpose of connecting
the offices with the main line The loop
IL built, would be three-fourths on the pub
lie streets, and the lot used for building
purposes in defiance of the deed would be
less in width than any street. The in
tent Of the law was clearly to permit access
to contiguous property, and the construc-
tion which the company seeks to put
upon it would permit indefinite extension
of the line without authority of law.
''Tenth-In view of the points suggest
ed above, submit to the Commissioners
that it is clearly their duty to prevent the
laying Of any tracks on Kenyon Street east
OF Fourteenth Street at any time, apd GER
tainly until the company has demonstrated
its legal rights to build business build |
ings on lot over 200 feet from their main |
line and connect Herewith by tracks on
public streets, without authority Of law
and TO the manifest injury Of property
owners and taxpayers in the vicinity,
''Eleventh-Section 224 of chapter of
the act to revise the statutes for the Dis
trict Of Columbia, which section was pass
ed June 10. 1872. ten years subsequent d
the law Of 1862, says: mo further street
railroads shall be laid in the city OF WASH i
ington without the consent of Congress-
Rights which were not taken advantage of
prior to that time were and are controlled
by the general act Of Congress cited, ard
the Commissioners and the railroad COM
pany are bound thereby"
i