Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-04-20

The issues IN the case of the City Coun
| Gil of Alexandria vs.. the WASHINGTON
Alexandria and Mt. Vernon Railway
Company were submitted to the iury
! at 8 o'clock last night after argument
! oy Judge Norton and Corporation At
{ tborney Boothe on behalf of the CITY
Council and Messrs. A. A. Lipscomb
and Jere Wilson on behalf of the rail
way company. At II o'clock the Jury
brought in q verdict in the first issue
! for the City Council and on the last
tour issues for the railway company.
The matter will De heard again on Sat-
urday next. when counsel for the CITY
will ask for writ of mandamus to
compel the company to change the rails
now obstante veredicto.
The following are the Issues
LIST. Whether or not the several or.
dlnances alleged and set forth in the
petition, directing the grading and paw
ing OF King street between the west
crossing OF Fairfax street and the east
crossing of Royal street, and directing
the Washington, Alexandria and Mt.
Vernon Railway Company to remove
the rail now laid upon said square, and
to substitute grooved rail OF the pat.
tern set forth in said petition, were
duly passed, approved and published,
as required by the provisions of the
charter, and whether or not the condi-
tons precedent required by the 33rd
section of said charter to the passage
of the ordinances for the Improvement
of said street, have been complied with.
Pad. Whether or not the present
rails in use by respondent On King
street, between the west side of Fairfax
street aud the east side OF Royal street,
will obstruct the ordinary use of said
portion OF King street, provided the
proposed Improvement of said portion
of King street is made by the city of
Alexandria, as set out in the ordinance
approved by the Mayor of said city on
July 1st, 1898, and entitled "Au ord-
nance to provide for the grading, paw
ing and Cur5ing of King street from
the west crossing of Fairfax street to
the east crossing Of Royal street, and
for the assessment OF the costs thereof,
under the 33rd section of the city char
ter, as amended by an act of the gen.
eral assembly approved February 7,
1895"
3rd. Whether or not the present
rails in use by respondent on King
street, between the west crossing of
Fairfax street and the east crossing Of
Royal street will be and are OF zap
proved pattern" That is, of such pat
tern on account OF merit and excel
lence, and adaptation 10 the purpose
for which they are used, as should be
approved by tue city authorities Of
Alexandra, provided the proposed i'm
provement Of said portion of King
street is made by the city of Alexan-
dria. as set out in the ordinance ap-
proved by the Mayor of said city on
July -, 1898, and entitled IAN otdi
nance to provide for grading, paving
and curbng OF King street from the
west crossing of Fairfax street to the
east crossing of Royal street, and for
the assessment of the costs thereof, uD-
der the 33rd section of the city charter,
as amended by an act of the general as
semby approved February I, 1885,
/ 4th. Whether or not the proposed
rail mentioned in the ordinance ap-
proved November IS, 1895, and entitled,
"An ordinance directing the Washing
ton. Alexandria and Mount Vernon
| Railway Company to take up the rails
now laid on king street, from the west
crossing of Fairfax street to the east
crossing Of Royal street, and to lay a
erooyed rail and grade and to pave the
space between said rails, and two feet
Oh each side thereof, said paving to be
lone with gitrifed brick on a six inch
concrete base" is & necessary Incident
to the paving and improving OF said
norton of King street: that Ii, whether
the public good, and t%;a reasonaple
and ordinary use of said poruc"" u
King stfeet requires that said pre-
posed rails shouts be used, provided
said Improvement OF said portion OF
King street is made as described IN
said ordinance OF July 10, 1898, instead
| Of allowing the rails now in Use by res
pondeni on said portion of King street
to remain, provided said Improvement
of said portion OF King street is made
by the said city of Alexandris So de-
scribed in said ordinance OF July 10,
! 1898.
Whether or not at the time the
present rails were laid they were of the
most approved pattern and such as
were then commonly in use. Were
said rails so laid without objection by
the city authorities and with their ap'
provsl or acquiescence.