Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-26
The Railway Problem.


In respect to the bills relating to the Bal
timore and Ohio and Baltimore and Poto-
mac railroads. which are now pending In
the Senate l should like to say something
through the columns of The Star, with a
view to the permanent and equitable set
Element of the railroad question in the Dis
trict of Columbia The two bills mentioned
are Objectionable to some persons on sew
eral grounds: /. Because they discrimina tie
in favor of the railroads by special exemp-
lions from taxation on improvements. 2.
Because they appropriate public money and
property to the use Of private corporations.
g. Because they presume to grant title In
fee simple to certain lands owned by the
District to the Baltimore and Ohio railroad.
and make concessions which practically
amount to such grant, in favor Of the
Baltimore and Potomac railroad; thereby
discriminating against actual residents and
domestic corporations in favor of foreign
corporations, and also violating the tradt-
tiona policy of the government, which re-
serves the fee simple and eminent domain
of all land in the District to the United
States from military considerations.
There are numerous judicial decisions in
several states bearing upon the first and
second objections. I wish to call attention
specially to the case of Whitney against
the Sheboygan and Fond du-Lac Railroad
Company. a Wisconsin case, which was
ably argued and reargued by ex-Senators
Carpenter and Conger, who were in their
Gay accounted dtlOue til6 DeSt
tionar lawyers in the United States. 1 also
ask consideration OF the case OF Sweet
against Hubert, New York case and that
of Champion against Zabriskie. a de-
cided by the Supreme Court OF the United
States. l venture the opinion that these
cases and the numerous authorities cited
In them fully sustain the first and second
objections urged against the validity Of any
law involving the principles embodied in the
two bills in question.
The third objection has not, so far as
know. been the subject OF adjudication; but
1t seems to me to be we'll founded.
To obviate such objections, and at the
same time to secure adequate railway facil-
tiles for this city. as a postal and military
necessity, Congress might well cause a belt
line and proper terminal facilities for rail-
way traffic to be constructed within its ter
ritory, to be used by all railroads which
| now. or may hereafter. enter the District.
The improvements contemplated will, am
| told, cost nearly twelve million dollars, one
half Of which only Is to be borne by the
railroad corporations and the other half by
| the public; while the corporations, and not
| the public, will own all the Improvements
| and be exempt even from taxation thereon.
Would 1t not be better for the public to pay
| all the improvements charging the railroad
| companies reasonable tolls and terminal
| fees for the use Of such improved facilities?
A military and post road. belonging ex-
| the problem; and, in my opinion, nothing
else will. The proposed legislation will do
| no more than provoke litigation and strife.
To avoid these, the public, the railroad
companies and the Post Office and War De-
partments would, it seems to me- all &C.
quiesce in such scheme az have sug-
| gested. Congress can build what roads 1t
pleases here. and can use public money COL
| 1ected by taxation for that purpose; but It
has no right or power to taxa the property
OF one individual or corporation and give It
| to another. And every attempt on Its part
| to do so will be resisted in the courts
JOSEPH BRADFIELD.