The Washington times., 1902-04-06

Congress to enact the Mcmillan bill. pro-
viding for the construction of the union
depot at the intersection of North Capt.
tol Streets and Delaware Avenue. He as
serted that legislation in the form in
which the bill is drawn would be uncon-
stitutfonal for the reason thai the ten
miles square of the District of Columbia
was set apart as a Territory, where the
authority of Congress would be absolute,
where, as under the present bill. the alb
solute right to construct and operate a
railroad within the District is given in
perpetuity TO the railroad companies
AS military necessity, he said, all
railroads within the District of Columbia
should he under the immediate control of
the Secretary of War at all times. as
Washington is in reality a great Gov
ernment military reservation. Further
more, he stated that under the provisions
of the present bill, including the esti-
mated damages that the city will be
called upon to ray to abutting property
holders. the city is undertaking to pay
si,163,0 600 TO the railroads for the con-
struction of that which will vest in them
in perpetuity. lie stated that it was
questioned whether il would not be wiser
for the Government to add to that amount
and construct the terminal itself.
Mr.. Millard's Speech.
Mr.. Millard said further:
''At the instance of several citizens of
Northeast Washington ! have carefully
examined the bill IS 1920 to provide for
a Union railroad station in the District
of Columbia, and for other purposes, in
troduced by Senator Mcmillan on the 31st
of March
by the first section, certain lands, that
is TO say. "a right of way 100 feet in width
for the line of the Baltimore and Potomac
Company, as it shall be located through
and upon lands belonging to the United
States Reform School, is granted to and
vested in said company, its successors
and assigns, on such terms as the Attor-
ney General shall prescribe (page g. lines
u TO 1S). If this amounts TO grant in
perpetuity, as the words vested in clear
ly imply, 1t is a license in mortmain and
is ultra wires of Congress II the terms
TO be prescribed by the Attorney General
are uncertain. the legislation is imperfect
and the power conferred upon the Attor-
ney General is pro tanto legislative au-
thority.
Il could produce a hundred judicial de-
cislons to shov that no legislative body in
the United States can lawfully share It's
own power with a judicial or executive
oiucer. If the act as it leaves the Legis-
iature, is so imperfect as to require the
additional action of the judicial or ex-
ecutive branch except tie single instance
OF approval by the President, it is void
The objections to this part of the bill
therefore, are that II creates q vested
right. perpetuity, and does that, not
upon specific terms, but upon such terms
as the Legislature feels itself incompe-
tent TO determine or unwilling TO state
and that Congress thereby delegates leg
islative power to a subordinate executive
officer. Such bill is more likely to bring
lawsuits than union station
Another objection is that the bill (sec-
tion 81 appropriate 81, 500 900 to be paid
to the same railroad company in con-
sideration OF its REIMBURSEMENT and sur
render of its right to occupy and use a
portion of the Mall" Is that right a
vested right? Is it property right? Is
ii legal right? Is not this company a
mere tenant at willSo the Government?
Clearly Congress has not right to give
away Sl,500,00O of the peoples money TO
the peoples tenant at viii. The consid-
GRAFTON recited is spurious. IL is no con-
sideration, either in law or equity.
"A third objection lies in the bill as a
whole. 1t creates a monopoly in per-
petuity, which takes the control of the
transportation lines between the Capital
of the Nation and the rest of the country
away from the War Department forever
and puts them under the control of
single corporation 1t prevents the build
ing of any competing line which might be
used for either commercial or military
purposes. 1t destroys the original plan
of the city, far as that plan had ref
erence TO military exigiencies. II makes
the District u Columbia a mere appen-
dage of the Pennsylvania Railroad and
puts the Federal Government in its power.
Square is annulled by it, That design
was to secure an independent habitat for
the Federal Government, where it might
build its citadel and exercise exclusive
jurisdiction-where it might create new
AIhambra, to be at once the strongest and
most beautiful place on earth. That de-
sigr was carefully guarded in the Consti-
tuition itself against this very scheme: for
while Congress was given the right to hold
land in mortmain for certain purposes, yet
il was by necessary implication forbidden
TO communicate such right TO other cor
porations. Congress has the right 10 erect
magazines. forts, arsenals. dockyards and
other needful buildings, including union
railroad station. vi;<s.cts. freight yards.
tunnels and whatever else may be needful
for postal. military. or naval purposes;
but no railroad company can acquire such
right from Congress under the Constitu-
tion. Such works are national works, and
belong TO Congress exclusively, as the ma
tional legislature. hTey should be con
structed wholly al the national expense
and be controlled by the War Department
This seems to me TO be the only solution
of the present difficulty.
THE cost of the changes authorized
by the bill are likely to exceed by mil
lions of dollars what appears by the bill
itself TO be intended; for the last clause
of the fifth section provides for the re-
covery of consequential damages by every
one whose property may be iniuriously
affected by If. AN damages to adjacent
property owners resulting FROM incidental
to or connected with changes in the
grades of streets alleys shall be borne,
paid for, and betrayed by the istrict of
Columbia etc. Here is Golconda or
Bonanza for lawyers. and a bottomless
Dit for the revnue OF the District There
is no limitation Of time for the commence
rnent of actio& against the District for
consequential damages in such cases. The
railroad companies are not resposible for
such damages. Only the taxpayers are
accountable. Who can tell how many
millions will be required TO meet the
costs? Why are the railroads protected
in this way
In place of the Mcmillan bill Mr. Mil
lard proposed the following substitutes in
the form of an amendment TO Senate bill
1926.
Strike out all after the enacting clause
and insert the following:
"Section !. That the Secretary of War
L. hereby authorized and instructed TO