Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-11

APPLIES FOR PERMIT
Baltimore and Washington
Transit Company's Project
OUTLINED LAST NIGHT
MATTER BEFORE TOWN COUNCIL
OF TAKoMA PARK.
Proposition to Install and Operate
Monorail System Presented -
Other Business Considered.
OUTLINED LAST NIGHT

Other Business Considered.
A meeting of the town council of Takoma
Park Md, was held last night at o'clock
in the chapel of the Takoma Presbyterian
Church Mayor j. b. Kinnear presided and
Couucimen were present as follows: G. W.
Scudder, j. b. Derrick, E. E. Blodgett Llsle
Lorrson, e. NJ. Douglass and Town CLERK
Ben G. Davis. There were also present at
the meeting Messrs A. p. Needham ana
James r. Scott representing a committee
from the board of trustees of the WASH
ington Sanitarium Association and General
Conference Corporation of the Seventh Day
Adventists: Mr. William A Mellen, presi-
dent of the company operating the Ameri-
can monordil system, and Martin Mona
mara contractor for Takoma Park.
Mr.. Mellen presented application OF
the Baltimore and Washington Transit
Company for authority to construct, oper-
ate and maintain a single-track railway,
with such reasonable switches and sidings
and turnouts may be authorized by the
mayor and council of Takoma Park In and
throughout the park.
Accompanying the application was de-
scrption of the route and a blue print IN
diCating the streets and avenues to be
traversed. as follows: Beginning on the
northwest size Oh Laurel TOdu DIT IT'S inter
section with the District line and thence
along the northwest side of Laurel road in
a northeasterly direction to its intersection
with Carroll avenue; thence crossing Car
roll avenue to its north side and thence
along north side of Carroll avenue in an
easterly and northeasterly direction over
the proposed Carroll avenue viaduct across
Sligo creek. and thence along Carroll ave-
nue. extended TO a point at or near the In
tersection of Carroll avenue with Flower
avenue"
Conditions Proposed.
According to the plans of the company
the railway is to be constructed, maintain
ed and operated according to the American
monorail system and subject to the follow
ing conditions:
That the construction is to be commenc-
ed within thirty days from its authorize
ton and to be continued with reasonable
diligence until the construction Is COM
pleted throughout the entire route
THAT the road is to be operated with
reasonable service for the transportation
of both passengers and freight.
THAT the charge for passenger service is
not to exceed cents a passenger for one
continuous ride from any point on the route,
or branch of same, hereafter constructed
in Takoma Park"
Mr.. Mellen declined to outline at this time
any other plans of the company and when
asked by Mayor Kinnear if he was ready
to modify his plans he replied: 1T re-
mains to be seem
The plans and proposition were accepted
by the council and referred to the street
committee for a further hearing.
Councilman Derrick, chairman of the
dinance committee, to which committee
was recently referred the matter of annull-
ing the charter of the Baltimore and
Washington Transit Company, reported
to the meeting that he had been in COM
munication with the attorneys for Takonla
Park. Messrs Talbot and Prettyman, at
Rockville. Md, and received from them
last evening a copy of an ordinance re-
pealing the original ordinance and annull-
ing and reyoking all rights, franchises and
powers by the ordinance to the company
The ordinance granting right of way to the
Baltimore and Washington Transit Com
pany was passed June ~, 1897 Under
this charter the company has failed to
operate its road for period of ninety days
in accordance with the provisions of the
ordinance.
Opinion of Attorneys.
The opinion of the attorneys presented
at the meeting last night, relative to GER
tain points in connection with the rail-
road company being granted a permit from
the town authorities, states that the COM
pany must first obtain permit from the
town authorities before it begins any work
of reconstruction. They are also of the
opinion that the granting of a permit is
entirely optional with the corporate body
OF the town. and that permission for the
SNSANoiNt use VI any portion OF the nigh
ways cannot be given by the mayor and
council
In connection with the rent for the rail-
way property the attorneys say that the
contract made with the lessees by the
town provided in express terms that the
town should in no way be responsible for
any rent satisfactory evidence being pro-
duced that the rent for the whole term
covered by the assignment of the lease
10 the town had teen made paid in adj
vance at the time. AS to the question of
taxes, the town can proceed, by Selling and
selling any property owned by the railroad
company, II done in accordance with the
charter, 10 collect any overdue taxes
with reference TO the right of the COM
pany to proceed with the Reconstruction
of the road for a monorau system the
attorneys say: VIZ
1t is true that n municipal corporate
cannot by arbitrary measures interrupt the
use OF railroad either for, passenger or
lfe1Sht traff1c while such road is a going
concern. serving the purpose of it's crea
ton The reason for this is obvious That
the town cannot obstruct the public in the
r usn Oh these conveniences nor deprive the
Ialroad company of its functions granted
IL Tor pubic use and general convenience
Inc case Is very different when the
roadbed has been abandoned and living nm
useu Tor considerable time This is the
case here and we are strongly of tho onino
ION that the power to grant or refusa a
permit IN this case is entirely within tbe
discretion of the town of Takoma PARK.
Not Regarded as Parallel Case.
Inc cases referred to in a letter of the at
torneys OF the railroad 1t is shown. are cases
III which the railroads were active. useful
concerns performing all their duties. and
the only controversy arose over a change
III motive power. The question involved in
each case referred only to the individual
aCIUh OF the mayor or street commissioner
as distinguished from the corporate action
or the municipal authorities -
orolhahce 40 of the town and it's amend
hlehts provides. that the railroad shall
$50 70 80 instructed as TO allow the use of the
road bed for. the passage of vehicles other
than electric cars, and as to impede and
incommode public travel TO the least possi-
pie extent. The monorail construction. il is
stated is IN direct conflict with all these
provisions, as II needs to erect a trestle or
bridge TO support its overhead construction
and this seriously, if not entirely obstructs
the road bed for the use of. other vehicles