Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-31
COUNCIL STANDS PAT
TAKoMA REFUSES PERMIT FOR
REMOVAL OF RAILWAY TRACKS.
Installation of Monorail System For
bidden-Plea for Permission
Made by Attorneys.

adopted a stand pat" policy at special
meeting last night when 1t refused to per-
nit the construction of monorail sys-
tenn for experimental purposes and refused
permissjon TO remove the present rails of
the Baltimore and Washington Traction
Company. An account of the previous ac-
ton of the council was exclusively given in
The Star.
The meeting was held at the residence of
the town clerk, and was presided over by
Mayor j. h. Kinnear. with the following
counclmen present. J. b. Derrick, E. e.
Blodgett, F. NJ Douglas, ]. II. Van Houten
and Town Clerk Ben. G. Davis. Mr. VIM.
A. Mellen. president of the American Mono
rail Company. was present to represent the
company, and Mr.. A. G.. Daniels, president
of the general conference of the Seventh
Day Adventists, attended in the interests of
that church.
Mr. Mellen presented to the council a set
of ground plans for the construction of the
roads, indicating the streets and avenues to
be traversed. \ communication was read
by the clerk from Messrs. Williams,
Thomas & Williams, attorneys for the rail-
road company, calling attention to the fact
that the Baltimore and Washington Transit
Company of Maryland was under its char
ter about to repair and reconstruct its line
of road within the limits of Takoma Park,
in order that it may Immediately put the
same in condition for operation.
The letter added that for several months
past. stated in letter of April 30 1904,
the company had been unable to operate
the road on account of the injury to it's
rolling stock, but had now made arrange
ments to operate it, as stated. They claimed
that the rolling stock was injured by van
dals, through lack of police protection.
Assumes There Will Be No Objection.
AS the operation of the road as recon-
structed will be in accordance with the
ordinance heretofore adopted by the coun-
Gil" continues the letter, I'VE suppose there
Will be no objection to the same and that
the council will issue to the company the
proper permit to reconstruct the road in so
far as the road occupies the highways of
Takoma Park. We are informed however
that you claim the taxes due upon the road
to Takoma Park are in default. In regard
to the matter, we would call the attention
of the council to a previous letter wherein
the statement is made that Takoma Park
was responsible for and on account of the
rental of $40 per month, payable during the
year 1908. when the road was operated by
Takoma Park. We would suggest that the
taxes overdue should be a set off against
this obligation. but in any case we do not
suppose that the permit for reconstruction
VIII be refused pending adjustment of this
matter. which we will be very glad to take
up at once with the council. The opera
ton of the road is of course, to our mutual
advantage, and in reality insures the pay
ment of taxes If the same are found to be
due owing"
The letter concludes by suggesting that
as matter of law the transit company is
entitled TO a permit to reconstruct and re-
pair its tracks In accordance with it's
charter provided the work is done in a
reasonable and proper manner, so as to not
necessarily interfere with the highways. In
closing the letter says:
This, of course. is q plain proposition of
law that municipalities cannot stop the
operation of railroads chartered by the
state by refusing to grant permit for
necessary work
A quotation of law relating to a case
somewhat similar in character was attach
ed to the letter. but this did not have any
effect on the council. The town author1-
ties refused the permit and, Furthermore,
has given the bailiff of the town certain in
structions in case work is resumed or any
of the rails are removed.
System an Experiment.
In addressing the council Mr. Mellen
stated that five-mile section would shortly
be commenced near Baltimore. That there
was no monorail sytem in operation in this
country today, although one was operated
at one time on Long Island. but whether
or not it was successful he was unable to
say. He said it had no connection with
Wildwood, and that if there was any OBJ
lection after the road was in operation the
company was willing to rip up the tracks
and remove them to another section. II
a permit was granted the system would be
completed within sixty days and a car in
operation. The present terminus would be
at Wildwood. He said that owing to the
10 per cent grades In the vicinity of the
Sligo bridge or Carroll avenue 1t would
be impossible to construct the road at that
point and suggested that the road cross
between the hotel at Wildwood and the
mill.
Permission was then requested by Mr.
tire length of the track, in order that no
time be lost and that the gang of men
be allowed to proceed with the work. He
further requested that he be permitted to
loosen up the remaining rail from Wild
wood to the District line.
At this point of the discussion Town Clerk
Davis inquired of Mr.. Mellen why he did
not remove both rails trolley poles wires
and all" Mr.. Mellen stated in reply that If
there was any danger of not reconstruct
ing the road he was willing to put up a
bond covering the repairing of the streets
to insure restoration In case the contract
should not be complied with.
Reasonable Service Promised.
In reply TO a question Mr.. Mellen stated
that when the system was completed the
company would give reasonable service
and later on a desirable service That this
was the first step at this end of the line
for the construction Of monoran system
O. wen as at Tire OllltT emu OI the line DIT
Baltimore.
When asked as to the further plans of
the company, Mr.. Mellen stated he would
not divulge any further plans because of
traction interests in the District
a motion was made that all work be sus-
pended pending a decision by the council
and that the papers in the case be refer
red to Messrs. Talbot and Pretyman, at
torneys for the town of Rockville Md, for
their opinion relative to the town charter
permitting the construction of a monoraiI
system in Takoma Park.
A vote was taken of the council and every
man answered in the affirmative and the
work was ordered suspended until a de-
cislon at the meeting of the council on
April 4.
Other Business Transacted.
Mr.. A. C. Daniels. president of the gem
eral conference, Seventh Day Adventists at
Takoma Park presented a petition for
the construction of a cement side
walk along Carroll avenue from the
southwest corner of the property of Mr.
G. w. Jackson to the road leading from
Carroll avenue to the buildings of the
Washington Training College.
The petition was signed by Mr.. Daniels,
representing the Washington Training Col