Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-18
WANTS TO BE RELEASED
RAILWAY CoMPANE SAYS oBLI-
CATION Is sET ASIDE.
Declines, Therefore, tosoLonger Pay
Rent for Use Of Canal
Street. - as

F. D. Mckinney, solicitor Tor the Phila-
delphia, Baltimore and Washington rail-
road, has written to the District Commits
sioners stating that since September, 1888,
the Baltimore and Potomac Railroad Com
pany has paid the District of Columbia a
yearly rental Of S. 500 for portion Of Canal
street. He claims that under the acts OF
February IL, 1901, and February %, 1908,
providing for the elimination of grade
crossings and the construction of a union
depot, Congress has modified the provisions
of the agreement referred to- and has put
an end to the obligation heretofore resting
on the company.
Mr.. Mckinney details the provisions OF
the old agreement and tells Of the laying
Of eight sidetracks in Canal street. Under
the law Of 1901, providing for the abolition
Of grade crossings, 1t was provided that
Canal street should be ultimately abandon
ed to public uses.
''By section g." he continues, 1T is pro-
vided that in consideration Of and in con-
nection with the changes and improvements
to be made by the company, said company
should have and be possessed Of the right
and privilege, which are hereby expressly
granted and conferred, to occupy and use
for tracks and other corporate purposes, all
that portion Of reservation II, now known
as Garfield Park, which lies to the south
ward Of its main tracks when located as au-
thoriZed by this act, as well as that por-
ton thereof which shall be occupied by
said main tracks as located on said plans
and prOfiles.'
Provisions Of Union Station Act
The union station act recently passed
provides that, except as specifically modi-
fled, the provisions Of the act of 1901 should
remain in effect. After stating this Mr..
McKenney continues:
Upon comparison Of the plat or plan at
tached ITO the agreement Of September 3,
1888, above referred to, and of the plat or
plan of projected improvements as pro-
vided by the acts Of Congress above re-
ferred to, it will be seen that the side
tracks laid in Canal street north of the
main running tracks of the Baltimore and
Potomac Railroad Company under the
agreement Of 1888 occupy the ground to
the south of the main running tracks de-
scribed In the act Of February r. 1901, the
use of which by the railroad company with
out compensation is expressly provided for
of February %, 1903
In view of the statutes above quoted and
referred to it would seem that Congress has
modified the provisions Of the agreement
Of 1888 and has put an end to the obligation
heretofore resting upon the railroad COM
pany to pay the consideration of s., 500 per
annum referred to. AS bill for the semi
annual installment of rent for the six
montns enuinS SEPTEMBER s. 1913, has re-
Gently been rendered to the company
submit the above for your consideration
and would request that you will notify the
official having immediate charge of the
matter to discontinue any further attempt
to collect the same"
The matter was referred to Mr. C. B..
Hunt, the computing engineer, who has
reported to the Commissioners that Mr. Nc
Kenney raises questions Of law rather than
of fact, and has recommended that the
communication be referred to the corpora
ton counsel for authoritative advice. This
course has been followed