The times., 1901-05-05
AFFAIRS OF THE DISTRICT
A Notice to a Railway Company to
Remove Abandoned Tracks.

The Attorneys Advice az to Action
Against the Anacostia and PO-
tomac River Corporation - Rights
OF City Under Masonry Contract
Andrew B. Duvall, the Attorney for the
District, yesterday submitted to the Com
rnissioners the copy of a notice TO be used
in compelling the Anacostia and Potomac
River Railroad Company to remove their
abandoned tracks on Fourth. = and Q
Streets northwest. The attorney bases
his form of notice on the act Of Congress
approved June %, 1895 entitled An act
to compel street railway companies in the
District OF Columbia to remove abandoned
tracks, and for other purposes" This
law provides:
THAT hereafter whenever the track or
tracks or any part thereof of any street
railway company in the District of Co
lumbia shall not have been regularly
operated for a period Of three months,
the Commissioners of said District in their
discretion may thereupon notify such
company TO remove said unused tracks
and to place the street in good condition;
and if such company shall neglect or re-
fuse TO remove said. tracks and TO place
days after such notice the directors Of
said company shall be deemed guilty of
a misdemeanor and shall be liable to a
fine of $40 for each and every day during
which said tracks are permitted to re-
main upon the street or streets or said
roadway shall remain out Of repair. which
fine shall be recovered in the Police Court
of said District, and in the name of said
District. as other fines and penalties are
now recovered in said court"
Mr.. Duvan informs the Commissioners
that the notice. which follows. should be
addressed to the company, and should be
served upon the president or vice presi-
dent Of the company:
In accordance with the act of Con-
gress approved June %, 1898, entitled An
act TO compel railway companies in the
District of Columbia to remove aban-
doned tracks, and for other purposes YOU
are hereby notified and required within
sixty days after the service Of this no
tice TO remove the unused tracks of
your company on the following streets
in the City Of Washington, d. c, viz:
tracks and parts Of tracks have not been
regularly operated for railway purposes
upon schedule approved by the Com
missiouers Of the District of Columbia for
period exceeding three months from the
date thereof.
You are hereby further notified and re-
quired within sixty days after the ser
vice OF this notice to place the streets
and parts Of streets now occupied by said
unused tracks and parts OF tracks in good
condition.
You are further notified that upon
your neglect or refusal to comply with
this notice and the requirements of said
act Of Congress in the premises the pen
alties prescribed in said act Of Congress
viii be enforced against the directors OF
your company.
C. B. Hunt. the Computing Engineer.
has submitted TO the Commissioners a
statement in regard TO certain masonry
work constructed under a contract with
A y. Brady on Pennsylvania and Branch
Avenues. After stating that the masonry
was swept away by a landslide, Mr. Hunt
asks instructions as to the course TO be
pursued in retaining the 10 per cent guar
antee on the contract. In his letter to the
Engineer Commissioner, Mr.. Hunt says:
In connection with the expiration of
the guarantee period or contract. 1897
with A y Brady, for work on PennsyI-
Eauid Avenue and Branch Avenue. an eX-
animation made for the purpose Of re-
turning the j. per cent guarantee fund
discloses the fact that the public work
covered thereby Is in an acceptable con-
dition, with the provisional statement
thaC certain masonry work constituting
the extension OF a culvert. which was in
cluded in the work Jnder the contract, is
inaccessible for examination and is
known 10 have been practically carried
away by landslide which occurred
shortly after its completion, and which
was due TO geographical and Topographic
cal circumstances.
The masonry work referred to at the
date Of this occurrence was in excellent
condition and would have been accepted
at that time, and under every reasonable
expectation would have continued so uu-
til this date. as other masonry built under
similar circumstances in the same Iocali-
~ but not exposed to the landslide de-
scribed is now in an entirely acceptable
condition.
1t appears to this Office that the cir
cuInstanees related do not constitute
contingency under which any portion of
this retain fand can be withheld. and in
structions are requested as to the course
TO be pursued"
In forwarding the report, Capt. II. c.
Newcomer. who has charge Of the surface
division, submits the following statement:
The specifications for the work under
this contract contained the provision Of
ihe organic act providing a permanent
form OF government for the District Of
Columbia requiring that
Contractors shall keep new paVemeuts
or other new work in repair for q period
Of i've years from the date of the compile
ton Of their contracts.
In this instance the masonry work Of
the culyert constructed by the contractor
has been practically destroyed by natural
forces beyond the control Of either partv
10 the contract, and the question arises as
70 whether the above provision OF the con-
tract would require the reconstruction Of
TINS culyert by the contractor. or in de-
lault OF his doing the work the appIica-
tiOu Of the amount retained 10 the execlI-
tion OF the work. II is recommended that
this matter be submitted 10 the Comp
tToller Of the Treasury for decision "
The matter was referred 10 the Auditor
snd be has coucurred in the recoInmeuGa-
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