The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-14
AFFAIRS OF THE DISTRICT
The Question of Refunding Rail-
way COmpany's Deposit.
The Attorneys Opinion on the AppIi-
cation of the Washington and
University Company Exemption
o. Land of the Sisters of Mercy

ot Land of the Sisters of Mercy.
| Andrew b. Duvall the Attorney for the
District, yesterday submitted to the
| Commissioners his opinion upon the re-
| quest of the Washington and University
| Railroad Company, by its treasurer for
| the refund of the sum of 81 ,G0G deposited
with the Collector Of Taxes September 3,
| 1895. under the provisions of section 10 of
its charter With reference to the matter
| the Attorney says:
| The Warrington and University Rail
roSd Company incorporated by an
act of Congress, approved July s, 1898, and
| its route was somewhat altered ny an
! other act of Congress approved March
g. 1899
| Among the provisions of it's cnarter
| approved July s, 1898, are the following:
! Section 9-That the road shall he in
| operation over its entire length two years
| from the approval of this act.
Section 10-That within sixty days
| from the approval of this act the company
| shall deposit $1,000 with the Collector of
| Taxes of the District of Columbia to
| guarantee the construction of its railway
within the prescribed time. If this sum
| is not so deposited and the road is not in
i operation as herein prescribed said 81 200
shall be forfeited to the District of Col
umbia, and this charter shall be void
Congress saw fit to impose this condi-
ton upon said railroad company. A SINH
lar condition has been inserted in ether
street railway charters. 1t was doubt
less designed to evidence the good faith
of the projectors of the company, and it
was entirely within the province of Con-
gress to impose such a condition.
1t is suggested in the present applica-
ton for refund, that Cor reasons the COM
pany had no power to prevent, it was I'M
| able to procure a right Of way through
| certain property, and there was no time
to have the charter amended so as to
! change the route, and that it was there
fore compelled to abandon the enterprise
after spending about six months time
and s2,Co0 in money.
THE propriety of refunding this guar
antee by the company, in my opinion, is a
matter solely for Congressional action,
and the Commissioners are without au
thority to accede TO the company's re-
quest and refund the guarantee, which, by
express operation of law. has become
forfeited to the District of Columbia
The Sisters of Mercy of st. GATHERINGS
Home, 10l North Carolina Avenue, re-
Gently requested in letter to the Com
missioners that lots G3 to g., inclusive,
square 1875, be exempt from taxation.
In his report upon the matter II. II.
Darneille, the District Assessor, states
that the property described is assessed in
the name of the Sisters of Mercy. of Bal
timore, having an east front of 40 feet,
l4S feet on North Carolina Avenue, and
30 feet on e Street. He says the
building contains seventy-four room,
siXty-1ive of which are bed chambers,
and that it has all the modern appoint
ments and sanitary regulations. Continu-
ing the Assessors says:
THE property has been visited with a
view to enquiry as to its uses, and the
information received from the Sisters In
charge is that the object of the institu-
ton is the protection of young girls
whose vocations in the various pursuits
of life do not afford sufficient income to
meet their actual necessities. That is,
they are taken in at a nominal charge for
board. etc, and when not employed are
protected and cared for until employ
ment can be obtained. If IT is desirabl
they may obtain educational facilities at
a moderate charge though it is not
claimed to be an educational institution,
but Is strictly home for unprotected
young women, who are admitted upon
certificate of character from citizens of
Character in the community.
The benevolent character of this
home appeals strongly to the support
and encouragement of public spirited
citizens. and it is recommended that
under the provisions of existing law re-
lating to institutions of public charity.
that the property above described be
listed as exempt from all taxes and
assessments to date from July !, 1907
Charles Fernald, of the Engineer De-
pSrtment has advised the Computing En-
gineer in connection with the paving of
the south roadway of Pennsylvania Ave
nue. southeast, that it will he necessary
for the Anacostia and Potomac River
Railroad Company to adjust its tracks
and 10 pave the space between the tracks
and for two feet on either side, with sheet
asphalt, in order that it may conform to
the street covering to be laid
The tracks OF this company cross the
avenue at the intersection of q and ThiI-
teenth Streets. ana the pavement to be
laid passes that point The trackage at
that point is at present unused, and the
problem for the Engineer Depart .nent is
either the removal of the tracks there
their read1ustment and the paving Of the
space occupied by them.
In forwarding the letter of MI Fer
maid to the Commissioners, the Comput-
ing Engineer asked that the facts be laid
before the railroad company and that 1t
DC requested to take proper action in the
premises. The Commissioners have ap-
proved the report
Steps have been taken to solve the fish