Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-08-05
Attorney Duvall's Opinion Respecting
Street Railway Schedules.
MINIMUM INTERVALS PRESCRIBED
Interpretation of Act of Congress
on the Subject.
CHARTER PROV rs ION s

District Attorney Duvall today rendered
an opinion to the Commissioners on the
proposed new schedules of the BrfghtWood
and Washington and Woodside and Forest
Glen Railway companies, respectively, In
which he says:
1.-The proposed schedule appears to COM
ply with the charter requirements at all
hours Of the day for that portion OF the
line from Florida avenue to the Junction at
Umatilla street, but from said junction to
Takoma Park and from the junction to the
District line the schedule interval exceeds
the charter limits by fifteen minutes at all
hours of the day. except from 7:10 to I:3o
a m. and from 4:10 to 500 pm.
1.-The act of Congress, approved October
10, 1885, Incorporating the Brightwood Rail-
way Company authorized the construction
of it's road from Boundary street and
Brightw6od avenue on the south to the
boundary of the District and Br1ghtWood
avenue on the north.
Section 10 of said act required the COM
pany to 80 run cars thereon as
often as the public convenience may re-
schedule fixed by the company, copy of
which shall be filed with the Commission
ers of the District of Columbia and APP
proved by them
The BriEhtwOOd Charter.
1.-The original charter of the Brightwood
Railway Company was amended by Con-
gress July %, 1892, and the company was
required to operate it's line with the over
head trolley system of electric motive pow
er and to provide new cars of the most APP
proved pattern. which shall be run as pub
lie convenience shall require, but not less
frequently than one car every fifteen min
utes from each end Of the line between 8
o clock ante-meridian and IL o'clock mid
night
Section of said amendment provides
that any failure to comply with any of the
provisions of this act shall work forfeit
ture of the original charter of said Bright
wood Railway Company
"On February -, 1893 the charter of
the company was further amended and the
company was authorized to construct an
extension of it's line from Rock Creek
Church road and Richmond street westerly
on said street to Brightwood avenue etc.
Section of said amendment privides,
That this act shall be considered as an
amendment to the act approved October
Is. 1883, granting a charter to the Bright
wood Railway Company. and shall be con-
strued as being subject to all the powers.
privileges. limitations and conditions Of
said original act, except as specifically pro-
vided otherwise herein.
Change Made.
cit will be observed that in the matter Of
the schedule for the operation of cars there
was a material change from the provision
of the original charter; instead of requiring
the company to run cars as often as the
public convenience might require, in ac-
cordance with a schedule to be approved by
the Commissioners the amendment provid-
ed that the cars should be run as the pub
lie convenience required, but not less fire.
quently than one car every fifteen minutes
rom each end of the line between o'clock
ante meridian and II o'clock midnight"
THE proposed schedule does not comply
with this mandatory provision of the
amended charter.
While it may be said that strictly lit
eral compliance is not absolutely necessary
under ordinary conditions, yet we have in
this case Congress explicitly fixing mini
mum interval between certain hours
Il am of the opinion that the company is
obligated by law to comply with this mini
mum requirement"