Evening star., 1903-07-22
GRAN TED BYCONCRESS
Commissioners PoWerless to
Interfere With Charter
OF LOCAL RAILW AY
OPINION RENDERED BY CORPORA
TON COUNSEL DUvALL
Permit for Construction Of Road Issued
One Day Before Charter
Rights Expired.
OF LOCAL RAILW AY

u1EutS
The Commissioners recently requested an
opinion from the corporation counsel as to
whether or not work should be allowed to
proceed on the East Washington Heights
railroad under authority of the permit is
sued June II last. which was just one day
before the charter rights of the company
expired, according to the acts of Congress
authorizing the construction of the road.
The counsel Mr.. A. B. Duvall, today rem
dered an opinion to the Commissioners in
which he holds that they have not the
right to proceed for the forfeiture of a
charter issued by Congress. The District
code invests that power in the United States
district attorney and the proceedings must
be instituted in court in the name of the
| United States Mr.. DuVall says he is of
! the opinion that the Commissioners would
| be justified in allowing the company to
proceed under the permit In question, pro-
| vided they are satisfied that the construc-
| ton of the road would be for the publc
| good
Col John Biddle. the Engineer Commits
sioner, has recommended to his associates
| that the papers in the case be returned to
| the United States district attorney stating
| that the Commissioners deem 1t their duty
| to call his attention to the matter referred
| to, but have desire to cause the for
| feiture of the character of the East Wash
| ington Heights Traction Company unless 1t
| Is their duty under the law to do so. The
| Commissioners will state to the district at
| torney that they think the construction of
| the road, If properly carried on, would be a
| public benefit.
| District Attorney Morgan H. Beach will
now have to deal with the matter and state
| whether not the Commissioners are au-
| thorized to allow "A continuance of the work
| b, nrlf ion,
The Question Raised.
| The questions involved In the proposed
| forfeiture of the charter by this company
are interesting involving the power of the
Commissioners and the other District au-
| thorities to deal with charters granted by
| Congress to various enterprises. The mat
| ter was referred to the corporation counsel
at the suggestion of Col. Biddle, the Enei-
neer Commissioner.
1t appears, says Mr.. Duvan in his
| opinion. that this company was chartered
| by act of Congress, approved June is, lStS,
| to construct a street railway from the
| circle at the western approach to the Penn
Sylvania Avenue bridge across the Eastern
branch on a bridge to be built by 1t. along
Pennsylvania avenue extended to Branch
avenue. etc. Said act provided that unless
the line of said railway should be COM
| pleted. with cars running regularly there
on, within two years, the charter should be
null and void Thereafter, by act of Con-
gress. approved June 80 1900. the original
charter was amended and the time to com
| plete and put in operation the railway was
extended for two years.
THEREAFTER. on July l. 1902, the time to
complete and put into operation the said
railway. was extended for twelve months
from June IS, 1902, and the company was
authorized to extend its lines the
pennsylvania avenue bridge.
The company has laid its tracks across
| the bridge.
On Inn
the company to construct a line of track
on Pennsylvania avenue southeast, from
the terminus Of the tracks of the Capital
Traction Company to Branch avenue, etc.
This permit was issued day before
the expiration of the last extension of time
within which the company was required to
complete and put into operation its railway,
and my opinion is desired as TO whether
work under the permit shall be allowed to
proceed.
A Grant From Congress.
THE charter of this company was a grant
from the Congress of the United States.
The Commissioners of the District of Co
lumbia are not invested with authority to
proceed against a corporation thus organ
lied to have its charter and franchises for
feted because of misuse, abuse, or nOn-use
OF Its corporate powers and franchises
by section 1856 of the code of law for
the District of Columbia the district attor-
ney of the United States for the District
of Columbia Is authorized. whenever he
Shall become satisfied that the charter
OF such corporation should be forfeited,
to file in the Supreme Court Of the District
Of Columbia a petition In the name of the
United States praying such forfeiture, and
that court, by section 79l of the code. II
1t Is Of opinion that legal cause Of forfeit
ure has been shown and the public in
terests require that said forfeiture shall
be declared, may enter a decree of forfeit
| ure, and the charter shall thereby be an
| nulled, and the corporate franchises and
powers shall cease and be void.
The Commissioners are without 1uriSdic-
| ton to take any proceeding fOrfeiting a
| charter to a railroad company granted
by Congress
| 1T is we'll settled law that clause of for
| feiture upon performance of a condi-
| ton in the charter does not, per Sc disturb
| the right which is the subject of the grant
| but it is. in judgment of law, merely
| justification for a judicial proceeding to as
| certain and enforce such forfeiture; and
| until the United States takes proceedings
| to forfeit the charter of this company be-
cause 1T has not completed its road and
complied with the requirements of its char
| ter 1t is at liberty to exercise its franchises
I'm the case under consideration. the
Commissioners by issuing the permit on
June II. 1903, to construct the road. before
| the expiration of the time limit in the char
| ter, indicated their willingness. as repre-
sentatives of the municipal corporation,
| that the railroad company should occupy
tne highway Tor the purpose of laying Its
| tracks until the United States should pro-
ceed, II it so desired. to enforce by a ju-
dicial proceeding the forfeiture declared in
the charter.
II am of the opinion that the Commits
sioners would be justified in allowing work
under the permit of June II. 1903. to pro-
ceed If they are satisfied that 1t would be
for the public interest.
This view of the right of a railroad com
pany to thus extend its road in the absence
Of judicial proceeding by the state to de-
clare d forfeiture of It's charter was taken
by the supreme court of Missouri in Allan
tic and Pacific Railroad Company against
st. Louis"
Chief Moore Going to Europe.
Professor Willis l.. Moore. chief of the
weather bureau. will leave here early next