The Washington times., 1902-06-21


to the occupation of the right of way
proposed and requested that hearing
on the subject be set by the Commission
ers in order that he and others might
place these objections at length before
the Board.
Monday Set for Hearing.
The Commissioners have set next Mon
day as the time for the hearing as re-
quested by Mr.. Wilson. The subject un-
der consideration has been referred to
the City Solicitor. and his opinion re-
Gently published in The Times was to
the effect that the Commissioners had
authority to grant a permit for the
work proposed to be done by the com
pany.
Mr.. Wilson, in his letter to the Com
missioners, raised three questions which
he thought should be discussed in
public hearing. They were, Who owns
the land that is to be occupied?" by
whom. and for what purpose, are the
proposed tracks and overhead structure
to be used?" Does the plan of street
extension pertaining to that locality to
be preserved and protected, or is it
wholly TO De dlSregardedE
Mr.. Fuller gives attention to these
questions and says: Without stopping
TO inquire what may be Mr.. Wilson's
interest in the premises and whether he
appears in his own behalf or in a rep
resentative capacity merely would say:
Company Not an Owner.
at is true that neither the Columbia
Railway Company nor the Washington
Railway and Electric Company owns the
lands referred to, but the Washington
Railway and Electric Company under
agreements with the owners of the lands
has acquired the right to use and oc-
cupy the same for the purposes speci-
fed
ITO the best of our information and
knowledge neither Mr.. Wilson nor any
person whom he may represent either
owns the lands or has any interest
therein, and in the absence of objection
on the part of the owners it would seem
that no third person would have any
right to object to any legitimate use in
tended to be made thereof. The right of
the company to acquire and hold land
for such purposes is specifically grant
ed by section of the act of June 13,
1898.
The proposed tracks and overhead
structures are intended to be used by
the Washington Railway and Electric
Company columbia Railway Company
for purposes incident to the proper
conduct of its business as q railway
carrier under the provisions of the
act Of Congress referred to.
To Increase Business.
Under the authority conferred by
section Z of the act. the Washington
Railway and Electric Company has con-
tracted with the Chesapeake Beach
Railway Company and the Baltimore,
Washington and Annapolis Electric
Railway Company for the joint use of
lines of railway in said act specifically |
described. and the increased business ey- |
pected to result from such joint use
makes the increased terminal facilities |
now applied for not only desirable but |
necessary.
1T is not our purpose to disregard or
interfere with the plan of street ex-
tensions pertaining to the locality in |
question. 1t is not known that any |
proceedings for the condemnation of |
streets through the lands referred to
DEHulHS VI dlB tOh-
Act of Congress.
The writer quotes from the act of
Congress of June 2s, 1898. which he
SAYS bears upon this point. and then
goes on to say:
Until the proceedings >fOr the con-
demnation of lands for streets through
the tract in question shall actually be
begun it would seem that Congress in
tended that the mere projection of such
streets on the approved plans Of street
extensions should not operate in any
wise TO embarrass the free use and
enjoyment Of the lands for building or
any other lawful purpose"
Mr.. Fuller states that it is of prime
Importance that action should be taken
by the Commissioners at the earliest
practicable moment. as the need for the
increased facilities Is pressing.
An EEntIrU rnn ngnnn