Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-09
GIVES ADVERSE OPINION
Matter of Issuing Permit to Metropolitan
Railroad Company.
Attorney Duvall Says the Commission.
ers i-sve NJ Authority In
the Matter

Mr.. Fl. L. Hart, general superintendent Of
the Metropolitan Railroad Company, recent
ly applied to the District Commissioners for
permit authorizing the company to lay
underground tracks, switches, etc., on
Florida avenue between 10th and 18th
streets, for the purpose of connecting up
the tracks of the company at 10th street
with the car barn located on 18th street
The application was referred by the Com
missioners to their attorney for an opinion
in the matter. Today that official advised
them that they are without authority to
grant the desired permit
The proposed '1ay-ou contemplated the
extension Of the double tracks of the Met
ropolitan company from it's present ter
minus on Florida avenue near 10th street
in generally western direction along
Florida avenue to the car barn of the Belt
railway on Florida avenue between 10th and
18th streets. with turn-outs from the south
track only into this car barn. Also the ex-
tension of the double tracks of the Belt
railway from its present terminus at 18th
street and Florida avenue in generally
eastern direction along Florida avenue I'M
i'll they meet the Metropolitan company's
tracks extended as above stated
Basis of Application.
The application of the Metropolitan COM
pany was based upon section 10 of the act
of Congress approved July 1. 1864, incor-
porating the road. That section is similar
to one contained in the act Incorporating
the Washington and Georgetown Railroad
Company. authorizing the company to pro-
cure such passenger rooms, ticket offices,
stables and depots at such points as the
business of the railroad and the convenience
may require; to lay such rails through
transverse or other streets as may be nee
essary for the exclusive purpose of con-
Meeting the said stables and depots with
the main tracks, and to purchase or lease
such lands or buildings as may be neces-
sary for such passenger rooms, ticket Of
fees, stables and depots
1t will be recalled that when. several
months ago, the Capital Traction Company,
as the successor of the Washington and
Georgetown Railroad Company desired to
construct a loop at the Mount Pleasant ter
minus of its 18th street line it based it's
application for a permit to extend its tracks
upon such alleged congressional authority,
and the then attorney for the District, Mr..
S. r. Thomas held that the Commissioners
were authorized to grant the desired per-
nit The present attorney. Mr.. A. B. Du-
vail, it would appear, does not agree with
his predecessor. Speaking of the applica
ton of the Metropolitan company and of
the act Of Congress upon which it was
based he says:
1.-The authority to lay rails through trans
verse or other streets by this section is con-
fined to such as maybe necessary for the
exclusive purpose of connecting the said
The grant is couched in restrictive terms;
it is based upon necessity and is limited
to the exclusive purpose of connecting the
stables with the main tracks.
The Real object.
1.-THE necessity of the proposed layout
Is not plain as it's desirability. 1t is
quite apparent that it's purpose Is not ex-
clusively to connect the stables with the
main tracks, but to complete double-track
connection between the Metropolitan and
Belt Line systems with four single track
lateral connections running from the pro-
posed new south track into the Belt Line
car barn. Another very substantial diff
Guilty presents itself in this manner: The car
barn was the property of the Belt Line
Railroad Company. The Metropolitan Rail-
road Company's line terminated on Florida
find any authority of law for the extension
of the line of the Metropolitan railroad.
The act of Congress To define the
rights of the purchasers of the Belt rail-
way approved June "a, $685. does not au-
thorize the extension of the tracks of that
company, in order to meet the tracks of
any purchasing company, nor vice versa.
1t seems to me that congressional legisla-
ton is necessary in order to complete The
track connections at this point between he
Metropolitan and Belt Line systems. In
my opinion, the Commissioners are without
authority to grant the desired permit"
Capt. Craighil1, the acting Engineer )m-
missioner, has approved the opinion, and
has recommended that the Metropolitan
Railroad Company be informed that the
application for the permit must be denied.
This recommendation, 1T Is believed will
be adopted by his associates.