Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-20

the Baltimore and Ohio to enter the city
of Washington expires in 1910, and after
that time they have no right Of way over
! these streets and no authority to use steam
| in running trains into the city of Washing
ton, at least over of their branches.
| Hence 1t is to their interest to accept
| bill that gives them permanent right of
| way.
Let me say here that the Washington
| branch of the Baltimore and Ohio railroad
that runs from this city to Baltimore and
| owns all the terminals in the city of Wash
| ington was capitalized for s., 100000, and
that 1t never issued a bond, but that
amount and the earnings from it it built
| the road from Baltimore to Washington and
! built the terminals, and yet you are to pay
a gratuity? 1 want to say frankly that l
| would have no objection to voting the Balti-
| more and Ohio road permission to elevate
| its tracks along Delaware avenue. of Civ
| ing them the streets that we do. and CIV
| ing them these portions of the streets out
here, because do not believe 1t will be
| any serious inconvenience; the con-
| trary, will be benefit to the public. This
is considerable gift If you estimate the
| value of the land. The objection that l
| make is to the $150oOo0 of the peoples
| money, and declaring that it is one-half
| of the cost of elevation when, in my
| opinion. the total cost of elevation will be
| less than that amount"
| Injury to Abutting Property.
! Mr.. Richardson and Mr.. Gaines of Ten
nessee made earnest appeals for redress for
|
addressing Mr. Pearre, who was in charge
| of the blk
| II would like to ask the gentleman ques-
! ton. My colleague (Mr. richardson was
asked by the gentleman from Ohio (Mr.
| Shattuc) what, If any, provision was made
| in this bill for paying abutting owners in
ciGental damages arising from raising
| depressing of the streets walks. My
| colleague stated that there provis-
| ion. and unless there was some general law
| that he did not know what rights of re-
covery the abutting owners would have.
i Now, / would ask you to tell me, IS there
| any general statute that would protect the
| citizen against this kind of invasion?"
There is nothing to prevent suit by any
bcdy VINO is injured by any railroad COM
pany. or any other party replied Mr..
| Pearre. That right IS still secured to
every citizen, so far as damage is con-
| cerned The peculiar character of this mat
| ter is such that there Is not likely to be
much damage as to anybody by reason of
any Improvement tc the city, and If the
gentleman from Tennessee will look at the
report, part of the $3.50, 600 of which the
gentleman from Missouri spoke is to cover
| damages which might arise from the &C
| quirement of that ninety-four acres of
land"
| That may be true" continued Mr.. Gaines,
| but that is where the property Is actually
| taken, where the party is Invested of title,
| where he has been dispossessed of It: but
| here is where incidental damages arise by
| reason of depressing or raising the tracks.
| Now, away back in the early days, you will
| remember, the Supreme Court of the United
States decided in the case of Smith against
| city of Washington that such damages as
| that were not recoverable 1t was damnum
| absQus injuria. following the old rule in the
case of Calender against Marsh q Pick,
| frcm Massachusetts. That is the common
| law. You say that the citizen would have
| the right to sue but it is the right to
! recover | advocate. Now that rule has been
abrogated by a statute in our state, which
| l had the honor to draw, and it is now the
| law, passed without opposition. That is,
| where railroad is depressed or street is
| depressed or highway, just as is done IN
this case, the abuttng owner is allowed the
| right to recover what is known as inclden-
| tai damages
There is no such specific provision In
| this act covering that replied Mr.. Pearre.
Protection for Citizens.
! Now then Mr. Chairman, 1 desire to
state that such provision should be made
| here" said Mr.. Gaines. Here We have
question when there street after street,
l do not know how many, indeed, of them,
that this road Is going to tear up by de-
pressing their tracks. There others
| that are going to be destroyed by the rail-
road in raising its tracks This fact Is IN
! dlSputabe, as my colleague said. 1heSe
| people have gone out in quiet netghbor-
| hood and built their cozy little cottages.
| Yet this great corporation comes IN mere
| and makes this invasion of their rights. and
| we have the right to protect the cllZen.
| and it is our sworn duty and but mere
| matter of right and simple justice that we
| should protect them. 1t is understood by
| everybody on the floor of this House that
| their property will be ruined, and "heh you
| do not give them the right to recover these
| incidental damages you are treating their
| little homes-some up and some down-as II
| their occupants were a lot of ground mice
| who live in the ground. or as martins, VINO
| live in a box high in the AIR
|