Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-10-06
N A R c Il 5, 10 0 5
Date for Completion Of Union
Railroad Station.
A R GU NJ ENT TODAY
MR.. HAMILTON ON REMOVAL or
PROPERTY FROM STREETS.
Says Railroad Wants Cooperation Of
the 'Commissioners-Ot
Roads Position. -

! At a hearing before the board OF Dis
| trict Commissioners this morning Mr.. Geo.
| E. Hamilton. attorney for the Baltimore
and Ohio Railroad Company. stated that 1t
| was the intention of the railroad authori-
ties now engaged upon the work incident
| to the construction of union passenger
| station in this city to have it's new ter
| minals ready for use by March ;. 1895. That
| will be the date of the inauguration of the
next President of the United States, and
the railroads are anxious to have the new
| tracks and terminal facilities ready for
the handling Of the large crowds of visitors
| expected at the capital for the occasion.
| 1t will. of course, be impossible to COM
| plete all the details of the work by the
date set. for the station building is to be a
monumental structure. rich in decoration.
| Probably a year more subsequent to
March 5, 1870 will elapse before the great
| work can be pronounced complete. but so
| far as the availability of the new terminals
| is concerned. 1t is expected that they will
be ready on contract time.
| The hearing this morning was I'm regard
| to the question at issue between the Com
| missioners and the Baltimore and Ohio
Company as to the obligation of the COM
| pany to remove, care for and transfer the
| paving and other street materials in the
| portions of the several thoroughfares that
| occupied by the railroad tracks and struc-
| lures. The engineer department of the
District claims that the paving materials.
| the curb and the sidewalk bricks in the
| streets in question are the property of the
| District of Columbia.
| The department further claims that when
| the railroad company enters upon these
| streets it is its duty to remove materials TO
| such places the Commissioners may
| direct. The obligation to do this is imposed
in the permit issued to the Baltimore and
rni fl6 for ha t.aypr t,.I n
the construction of the ten-track viaduct in
the northeastern section CT the city and Dis
| trlct.
Mr.. Hamilton's Argument.
1t was brought out at the hearing that
the Pennsylvania Railroad Company, which
| has undertaken the terminal work in the
southeast and southwest sections. had read
lily consented to the conditions identical
| with those imposed upon the Baltimore and
| Ohio Company. Mr.. Hamilton contended
| that this fact had no bearing upon the
| question. He said the decision of the point
under consideration was of vital Importance,
as 1t would develop whether not the
| company in View of the embarrassments of
It's contracts and the costlinesS of delay, was
| to surrender in every instance what 1t con-
| sldered its rights in the premises,
whether the Commissioners and the COM
pany We're to cooperate to expedite mat
| ters and settle all points the common
ground of right. justice and equity.
Two questions. he declared, We're involv-
ed In the controversy between the company
and the engineer department. The first was
| as to the ownership of the ma aterial in those
portions of the several streets which are to
| be abandoned to the use of the railroad.
he second was to the obligation of the
company to take up and care for the paw
ing ma terial
The position of the company said MIR.
Hamilton. is that by act OF Congress cer-
tain streets were abandoned to the Of
the railroad company. The abandonment
of these streets. contend was absolute
ana complete with no reservation whatso-
| ever. We We're given perpetual easement,
| which is cO-eXtenSiVe with the fee.
| We have been unable to find any prece-
| dent that would apply in this particular in
| stance, but from "A careful reading of the
! acts of Congress and from a study of the
| general law, we claim that in the aban-
donment of these streets Congress intended
| that We should have the complete of
| the ground so abandoned. and that what
| ever attached to the ground as a fix
ture went with the real estate
| But far the ownership is con-
| cerned, the company does not care for the
material ana is perfectly willing that the
! District should do with it the Commits
| soners please. Some of the material in
| volved is good. some is indifferent and some
| bad. But if the District wants TO use this
| material in other sections of the city and
| considers it valuable enough to move we
| claim that the District is charged with the
| obligation to take it up and carry it away
| Congress has given the land. We
| waive whatever right we have to the public
property this land. but say that you must
| remove it if you wish it preserved. Our
only obligation is to inform you when we
about to enter upon the streets The
| District must bear the expense of the re-
| moval'
| Cooperation Wanted
| Mr. Hamilton said it was the aim of the
company. and of himself. to ask in all mat
ters the cooperation of the Commissioners.
| The terminal work is in the nature of a
| joint project and could best be carried Oh
| by harmony and unison between all parties
| concerned in it. The company does not want
to &C into the courts with every little point
that arises. for it appreciates the delays
| that would result. 1t was at this juncture
| that Mr.. Hamilton announced the purpose
| of the companies to complete the terminal
| work proper by March ;, 1905. He declared
| that if the Commissioners insisted, however.
| in maintaining their position in the face Of
| what the company considered its absolute
| rights in the premises the matter would
| have to be legally adjusted.
| AT the very outset of this important
| work." he continued, (which means SO
! much to the company and so much to the
people, We do not wish to be placed in
| an apparently antagoniStic attitude toward
| the Commissioners. But We are sure We
| are right in this instance. and if are.
| through the embarrassment of wishing to
| hurry work along, compelled
| render this right to the District. may
| be compelled to surrender all future and
| further rights as points may arise Cen
| tlemen, you can Searcn through all the acts
| of Congress and you cannot find shadow
! of authority in any one of them for i'm
posing upon the railroad company the obli-
| cation and the expense of removing. stor-
/ ing and transferring the paving material
| contained in the abandoned streets.
| This is joint work in which
| gagged and ask you to meet us half way
| and decide the matter according to the
| right and justice involved We consider
| that We have met the equities of the case
| by our REIMBURSEMENT OF any desire to
| claim ownership to the material in the
| streets. We simply ask the District to
| lect any of the material it may wish to use
elsewhere and to remove ii. What the Dis
| trct does not desire we will consider as
refuse and hurl 1t away in the progress of
our work. We not inclined to be iIIib-
| eral or cheeseparing in such matters. Yet
we have get TO take advantage of every
provision of law looking to the support Of
the position we take
Capt. Newcomer, acting Engineer Com
missioner, informed the Commissioners that
the obligation to remove and care for paw
| ing material in abandoned streets had beep