Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-24
MUST SHOW CAUSE.
District Commissioners Cited to APP
pear in Court

Justice Stafford, in Equity Court No. 2,
has cited the District Commissioners to
show cause next Tuesday why an injunc-
ton should not issue against them to pre-
vent the erection of bridge on T street
near 4th street northeast, and the trans
posing of car tracks now in the center Of
T street, objection to which proposed ac-
lions was made in a suit filed in the Dis
trict Supreme Court late yesterday after
noon by George Truesdell against the Com
missioners, as stated in The Star. Mr.
Truesdell, through Attorney John Ridout
informed the court that he has improved
the corner in question by the erection of d
dwelling valued at 50, 000 which fronts on
4th street and runs back on street, and
has a large number of windows on its L
street front. These windows, he says, are
essential to the adequate lighting and VEN
tilation of the house.
Mr.. Truesdell says that he has been in
formed that the Commissioners, under the
same acts are about to erect approaches to
bridge in 7 street, the proposed ap-
proaches to which to begin $50 feet
from 4th street and will have a steep grade.
which will bring the structure to the height
of twenty-one feet at his property. 1t is
further explained that by an act of Con-
gress the railroad company concerned was
authorized to lay its tracks in the center of
T street which II has DONE the tracks
there now being in use. To make room
for the erection of the proposed bridge
structure 1t is alleged, the Commissioners
propose to remove the tracks from the CEN
ter of r street and replace them on what
is now the parking strip set apart by the
complainant for parking purposes in con-
necton with the dwelling on his land
Furthermore, 1t is contended that the
location of the railway tracks on the park
ing will necessitate the destruction of the
trees and shrubbeTy and the sodding placed
by the complainant at expense of Mr..
Truesdell and, 1t is suggested. will utterly
destroy the parking. The close proximity
of the tracks to the house in question will
greatly diminish, 1t Is claimed, the value
of the house a residence, not only be-
cause of the greatly increased noise from
the cars but also of the alleged increased
danger and other discomforts.
Mr. Truesdell contends that the title to
the bed of r street is in him original
owner of the lexington tract and as abut-
ting owner on both sides of the street, sub
tect only to the servitudes created by the
dedication and improvement of the street.
The erection of structure as proposed Is
not such a servitude, he claims, and the
parking space by the dedication was linn
tied, he asserts, to parking uses, among
which are expressly excluded any such use
s the construction of railway tracks
The complainant says the proposed action
o, the Commissioners would take away his
property rights without just compensation,
which 1t is claimed, is unconstitutional and
void The Commissioners have no author
ity, II is alleged, to enter upon and de-
stroy the parking on complainant's property
and they also are without authority, 1t Is
further claimed, to remove or authorize
the removal of the railway tracks from the
center of T street.