Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-06
THE B. AND @. BILL
CONTINUED from Tenth Page. }

alleged damage.
The railroads. on their part, agreed to pay
all the expenses of the elevation of the
tracks
The city has not shared any fraction of
the cost of track elevation, nor has it given
any public lands, streets or parks to the
companies.
Chicago Compared With Washington.
This record, compared with the proposed
bargain with the Baltimore and Ohio in
this District. is highly instructive. In Chi
cago the municipality was without law.
1t had only police authority, by means of
which it could merely annoy the corpora
lions by imposing burdensome, though nee
essary. restrictions. Here the corporations
wholly within the jurisdiction of Con-
gress which has the power at any time to
terminate the rights and privileges or the
corporations and to compel them to adopt
any prescribed mode Of construction to
eliminate the grade crossings. 1t Is worthy
OF note that the District Commissioners en-
Joy a right OF regulation equal to tnat OF
Oh cago. By act OF Congress passed Feb
ruary g. 1892, they are empowered to
make and enforce all such reasonable ana
usual police regulations as they may deem
necessary for the protection Of lives, limbs,
health comfort and quiet of all persons
and the protection OF all property within
the District of Columbia This is as
sweeping as the broadest decisions have
made the Chicago authority.
Under this authority the Commissioners
ulations every whit as severe in their re-
Strrctions as those which have led prac-
ticyly to the voluntary elevation of the
Chicago railroad tracks, with only Incl
dental cost to the city. The local police
regulations require that railroad crossings
be made safe by the erection of gates, TO
be lowered at the approach of trains; that
red flags or lanterns be exhibited at such
crossings upon the approach OF trains: that
such crossings shall not be INSTRUCTED long
by railroad trains, longer than certain
reasonable time that the speed of railroad
trains within the city limits shall not ex-
coed a certain rate, and, finally that all
ra lroad trains shall be brought to a full
stop before crossing streets occupied by
rapid transit car lines. This last mentioned
regulation, if strictly enforced, would cause
every train entering the city to stop at
least once before reaching It's station. On
one of the lines it would call for two or
three stops. 1t would be serious incon-
venience to the railroad authorities, and
consequently they assaled the validity OF
the regulation in the courts and were de-
feated. the regulation being fully sustained.
The Commissioners sought to enforce this
regulation by causing the arrest or engi-
neers of the Baltimore and Ohio and Bal
timore and Potomac roads for running
trains across rapid transit car tracks with
out stopping. They were convicted In the
Police Court and sentenced to pay fine Of
So each. They refused to pay, and We're
committed in default to the workhouse.
Writs of habeas corpus were Immediately
arguments were heard by that court. which
dismissed the wrlts and remanded the pris-
oners to the workhouse. Meanwhile, each
had filed a bill in equity against
the Commissioners to restrain them from
enforcing the regulation. Restraining or
ders were issued, and the Commissioners
were required to show cause why an in
junction should not be granted. Upon an
Swer by the Commissioners the cases were
heard by the District Supreme Court, which
dismissed the bills. deciding that the Com
missioners had power to frame and enforce
the regulation. The railroad companies
thereupOh took an appeal to the District
Court of Appeals which fully affirmed the
decision Of the lower court. and thereby
sustained the rights OF the Commissioners
in the premises. This decision was rendered
., 1897. A motion for a reargu-
ment was filed, and after consideTa ton by
the court for two months was denied. In
August, 1897. the court issued its mandate
The time for an appeal to the United States
No appeal having been taken, the right OF
the Commissioners has now been finally
affirmed, without possibility of reversal.
Notwithstanding this complete confirma-
ton of their powers in the premises the
have never since the issue
Of the mandate of the court sought to avail
themselves of their power and the regula-
ton has remained Unenforced. No train,
therefore, has ever been stopped at the
crossing points, despite the ample authority
Of the Commissioners to do so. This au-
lnOrlly constitutes power over the rail-
roads as great as though it were being con-
stantly exercised.
Thus it is TO he seen that AS regards the
power to regulate the railroads Washing
ton enjoys a great advantage over Chi
cago AS regards results to date Chicago
enjoys an incalcuable advantage over
Washington. The work accomplished at
latest accounts in Chicago in the elimina-
ton OF the grade crossings has been thus |
stated:
Total number of subways constructed by
all railroads, including those constructed
jointly. where the roadbed and tracks
passed from May %, 1892, to December 81,
1899. BOG: total joint subways constructed
with other railroads at the same intersec-
ton of streets, so; actual number Of grade
crossings eliminated by subways construct
ed, 254; total number of streets taken care
Of that connect with streets where sub
ways are constructed. 81; total number OF
streets discontinued by the elevation of the
roadbed and tracks of the different rail-
roads. 10 total number Of streets dscon-
t;nued by depression Of the roadbed and
tracks of the different railroads. IS;
total number Of grade crossings eliminated
to December 81 1899. $3.50: total number
of subways yet to be constructed under
ordinances passed in 1899. including Joint
179: total number of joint sub
ways yet to be constructed under ordi-
nances passed in 1899. 81; total number Of
subways yet to be constructed under ordi-
nances passed in 1899. 9S; streets that will
be taken care of when elevation is COM
pleted under ordinances passed in 1899 g.
streets that will be discontinued when
tracks are elevated under ordinances passed
in 1889 II; total number of grade crossings
that will be eliminated when all work is
completed under ordinances passed, 524.
The total approximate estimated cost of
this work. exclusively borne by the rail-
roads, is $23 2sS 900.
The Value of Lands Given by Roth
Sides.
(c) The final consideration for which the
public is to pay the railroad 81 500, 000 is
the grant to the United States of certain
abandoned lands. This item will not bear
scrutiny for moment. The total area of
the street spaces now occupied by the rail-
road. to be relinquished to the government.
has been estimated by the District govern
ment officials thus:
So. 1T.
Metropolitan Branch, LIST street line, in
Guiding turnoufs, &c. ......-.-.-...... Jog, 40
Washington Branch east OF Delaware
nue. tS,SO
North Capitol street crossing. ............. 1850
100, 1870
In order to ascertain the probable value
of this and other lands involved in The
transaction, The Star has secured from the
District assessor a statement of the latest
assessment of the land values of the lots
1x,,, rh, rotlr troc ne ID