Evening star., 1899-04-24
Objections to Proposed Railway Loop
on Fourteenth Street.
Mr., RAYMOND PAffERSON'S LETTER
Grounds Of Objection Stated to the
Commissioners.
PUBLIC HEARING PROBABLE

lne residents OF Kenyon street, Columbia
Heights, particularly those residing be-
tween 18th and 14th streets on the thor
oughfare, are said to be much opposed to
the proposed use of part of the street by
the Capital Traction Company in making
a loop at it's Mt. Pleasant terminus of the
18th street car line. AS was stated in The
Star at the time, the company has applied
for permission from the District Commits
sioners to run a track from 14th street
eastward, along Kenyon street to a thirty
foot strip of land in the Mattingly tract
lying between Kenyon street and Whitney
avenue and 18th and 14th streets. north
wardly to Whitney avenue, and thence
westwardly to the track at 14th and Park
streets. The parking of cars on 14th street,
Mt. Pleasant, has long been a source of
complaint and the railroad officials and
the Commissioners very much desire to
remove the ground of complaint, which
could be done by the use of the proposed
loop.
Grounds of Objection.
The opposition of the residents and prop
erty owners or Kenyon street is underst TODD
to be fully stated in the following letter, re-
ceived from Mr.. Raymond Patterson of 1909
Kenyon street, by the Commissioners:
THE building of the loop would be a
serious blow to the interests of property
owners on Kenyon street, in that 1T would
cut off easy access to 14th street. The block
between 18th and 1ith streets is being
greatly improved with substantial and cost
ly houses, and the laying Of tracks for any
distance would mean a marked decrease in
the value of such property, which should
not be permitted except by act of Con-
greSs.
Second. The running of the loop over
Whitney avenue, where it connects with
Park street, would destroy, for driving pur-
poses, the direct route between the Soldiers
Home grounds and Rock Creek Park and
would be adverse to the interests of the
people of the District generally.
Third Congress has authorized the paw
ing OF Kenyon street between 18th and 14th
streets, as a residence street, and the lay
ing of tracks would be manifestly adverse
t. the intentions of Congress.
Fourth. The law of 1862, under which
the company proposes to lay tracks is not
applicable to this land and street. The
company did not possess its present ter
minus at that time, and the law in question
could not and did not give the company
right of access to isolated land for termini
not then established. The law was clearly
intended TO refer TO ter1nini as then estah-
lished, and additional rights could clearly
be acquired only by subsequent specific
legislation.
A Specific Covenant.
Fifth. All deeds for property in Column
VIA 11eiSAtS east Oh I4ln street contain
specific covenant that the land shall not be
used for business purposes. The building
of a passenger station is clearly for busi-
ness purposes, as much SO as u livery sta
BILE or saloon, and the running of tracks
through the lot between Kenyon street and
whitney avenue is also the use of the lot
IoT business purposes. AS this covenant
clearly bars the railroad company from
such use OF the lots, it is manifest the COM
pany cannot have the right to lay tracks
on Kenyon street until its right to use the
property Tor business purposes is clearly
established.
Sixth. AS other property owners on Ken
yOn street and Whitney avenue have
abided, and do abide, by the covenants IN
their deeds, 1t is clearly the duty of the
Commissioners to withhold a. permit for
the laying of tracks on Kenyon street, as
even Congress cannot contravert the COW
Grants OF the deeds without compensation
to all owners on Columbia Heights east of
14th street
Seventh. The use of this protpertv for the
purposes named would be a dangerous pre-
cedept for the future, which your honor
able body should prevent without hesita-
ton
Merely Promise.
Eighth Under the provisions of the law
of 1862, itself, the company clearly cannot
lay the tracks until after it has procured
passenger rooms ticket offices, stables and
depots,' for which such tracks are to con-
meet with the main line A mere promise
to erect buildings does not carry he right
to lay tracks, and as the adjacent properly
owners will naturally resort to legal pro-
ceedingS to prevent the erection OF such
buildings, which the law itself says are to
be at such points the business of the
read may require thus Clearly coatrovert-
ing the covenants of the deeds il becomes
the manifest duty of the Commissioners to
prevent the laying of tracks until after the
buildings are erected and III use. Until
then the railroad company has not even the
shadow OF right to lay tracks without
specific authority from Congress
Ninth. The admitted purpose of the COM
pahy Is clearly Subterfuge. 1t has TO
stations or stables east of 18th street, and
1t proposes to build them for the sole pu--
rcse of avoiding an appeal to Congress, the
issue OF which could hardly be doubted
me proposed loop is nanifestiy not for the
purpose of connecting the offices with the
nam hne. The loop, if built, woulG be
thHee-fourths on the public stracls and
the lot used FOR building purposes in de-
tance of the deed, would be less in width
than any street. The intent of the law
was clearly to permit access TO contiguous
property, and the construction which the
company seeks to put upon it would per-
init indefinite extension of the line without
authority of law.
Duty of the Commissioners.
lenth In view of the points suggested
anoVe' submit TO the Commissioners that
IL Is clearly their duty to prevent the Law
ing OF any tracks on Kenyon street east of
l4th street at any time, and certainly until
the company has demonstrated its legal
rights to build business buildings on a LOT
over 2oo feet from their main line and CON
meet Herewith by tracks on public streets
without authority of law and to the mani
TEST injury of property owners and tax
payers in the vicinity
Eleventh. Section 224 of chapter 8 of the
act to revise the statutes for the Dfstric-
of Columbia, which section was passed
June 10, 1872, ten years subsequent to the
law of 1862, says: No further street rail
roads shall be laid in the city of Washing
ton 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, and the Com
missioners and the railroad company are
bound thereby"
The application of the Capital Traction
Company has not yet been disposed of bv
the Commissioners and before it is thew
may give public hearing on the matter.
Released Under Poor COnvfcts, Act.
Alexis Hollingsworth, colored aged eight
cen years, was today released by United
~ f1r,f fN~.~ ,,..s..