Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-04
Attorney Thomas Opinion Respect
ing 18th Street Loop.
PROVISIONS OF COMPANY CHARTER
Traction Cooperation Succeeds to
Rights Of Former Owners.
AUTHORITY UNDER ACT OF go

The attorney for the District. TO whom
the commissioners referred the matter for
fis opinion has advised them that under
tn. act Of Congress Of 1852 incorporating
the Washington and Georgetown Railroad
CoI.-ranv they are authorized to grant the
app" ,atIun of the roads successor, the
Capital Traction Company. for permission
To- construct a loop at the Mt, Pleasant
terminus of the compauy's nth street line
As was stated in The Star at the time, the
Capital Traction Company recently ap-
N.lied to the Commissioners fOr perrn.sa! IN
To construct this loop and also one at the
foot Of eth street and another at the Navy
Yard terminus Of It's line
The company claimed that under section
10 of the act of Congress in question the
Commissioners are authorized to grant the
desired permission This section provides
that the Washington and Georgetown r. r.
shall procure such passenger rooms, ticket
ofiCas stables etc, at such points as the
business Of the company and the conven-
fence of the public may require. and that
the company shall have authority to lay
such rails tracks through transverse or
other streets as may be necessary for the
exclusive purpose OF connecting SAID
buildings with the main tracks of the COM
pany.
As the Capital Traction Company, in the
opinion of its officers. inherited all the
rights and privileges originally granted by
Congress 20 the COT pany 1t succeeded. they
claimed that the Commissioners are fully
authorized by the law in question to grant
them the desired permit.
The Company's Explanation.
The company explained TO the Commits
sioners that should the permit be granted
it would purchase a thirty-foot tract of
lard lying between 18th and 18th streets
and Kenyon street and Whitney avenue
and then run its tracks eastwardly on Ken
yon to the said tract. on which it is pro-
posed to erect depot, thence northwardiy
TO Whitney avenue. and thence westwardly
on Whitney avenue to the main tracks on
18th street.
As has been noted In The Star, this prop
osition Of the company met with consider
able opposition on the part of the property
owners and residents in the section. and it
was charged that the company has no au-
thority 10 such occupancy of the two streets
mentioned without direct action by Con-
gress. The Commissioners We're. therefore,
asked by these residents and property own
to deny the application. In view of the
questioned authority Of the company in the
matter. the Commissioners referred the
question 70 their attorney. who has decided
that the act Of 1862 authorizes the company
10 occupy Kenyon street and Whitney ave-
nue. as is proposed
Other Loops Provided For.
There being no opposition TO the proposed
loops at the foot of eth street and at tine
navy yard. the Commissioners have. 1t is
stated. decided TO grant the company's ap-
pEcauon far those two loops are con-
cerned. II is understood. however that in
view of the very emphatic and practically
Unanimous opposition of the residents and
property owners in Mt. Pleasant and CO.
lumhia Heights TO the loop at the terminus
Of the l4th street line. the question of
granting the permit therefor will he further
considered by the Commissioners.
II is said to be claimed behalf of the
company that under the act Of 1862 the
permission cannot be withheld by the Com
niSeiOntrS and il is therefore thought that
in the event Of the permit being denied by
the Commissioners the company will take
the matter into the courts,
II - said the company desired to pur-
chase sufficient land immediately north Of
its car harm in NJ Pleasant for the pur-
pose Of construct ting a loop thereon, but
that the owner held his property at such
high figure hat deal could not be made.