Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-29
GRANTS An EXTENSION
War Department Permits. Rail-
way to Use Highway Bridge.
CONTINUES THE CONCESSION
Failure to Introduce Underground
Conduit Under Consideration.
MUST BE INSTALLED BY DEC. i
Company to Give Bond in the Sum Of
$4,000 to Insure Perform
ance of Work.
CONTINUES THE CONCESSION
MUST BE INSTALLED BY DEC. /

Department that there will be no Interrupt
ton, for the present at least, in the use OF
the Highway bridge and approaches by the
Washington, Alexandria and MI. vernon
Railway Company. 1t has been supposed
there would be trouble because of the fall
ure of that company to comply with the
terms of the law requiring it to install
standard underground electric system on
the bridge and approaches by the Soth
instant, tomorrow. The case was decided
by Gen. Oliver assistant secretary OF war,
after conference and correspondence with
Gen Mackenzie, chief of engineers. and Col
Porter acting judge advocate general.
Under the action taken by the War De-
partment the time in which the railway
company will be allowed to change It's
system from the overhead trolley now in
use to the underground electric system is
extended from June 80 to December !. 1907.
and the company will be required to give
bond in the sum Of $4,000 to insure the
completion Of the work by the date named.
1t is explained at the department that
while the railroad company has been dere-
lict in the matter 1t was necessary In the
general interests Of the travelling public to
permit the use of the overhead trolley be-
yond the time fixed by the law for Its dis
continuance. AS one official expressed 1t.
the railroad company put the department
in the position where 1t was obliged to
grant the company aQQltlOudl time Vi
flict a severe hardship on the people who
use the line and who were entirely without
fault In the matter.
A review Of the case. including it's legal
ion rendered by Col Porter. the acting
Judge advocate general of the army.
Judge Advocates View.
The statement made by the Judge advo-
cate general is as follows:
'Rv the act If EahrlIarv 1Q01 ha
Washington, Alexandra and Mount Yer
non Railway Company was permitted to
change its location SO as to cross the High
way bridge provided for in that act pro-
vtded that a standard underground electric
system OF street car propulsion should be
highway leading to said bridge, etc. BY
the act Of March 2, 1905, the foregoing act
was amended so as to permit the trolley
company to operate its cars from the pres
system at 14th street and Maryland ave-
nue. southwest to the north end Of the new
Highway bridge by a standard overhead
trolley system. this privilege, however, to
expire at the end Of fourteen months from
the time the new Highway bridge was
open for traffic. or such additional time
thereafter as the Secretary Of War. who
is hereby authorized to grant additional
extensions of time may deem that the new
fill made for the approach to the new High
way bridge has become sufficiently settled
to permit of the proper and safe construc-
ton and installation Of standard under
ground electric system, at the expiration of
all of which times however. the require
ments of the first act above cited to be-
come operative and the trolley company be
compelled to comply Herewith.
The period of fourteen months from the
opening of the bridge expired on April II,
1907, but. under the authority given to him
by the act the Secretary of War granted
an extension to the company until June 30.
1907. The company has not complied with
the requirement of the act by constructing
the underground trolley system and now
| asks further extension of time to Deem
Der !, 1907. The questions to be determined
upon are, first, whether it lies within the
power of the Secretary of War to grant
further extension, and, second, should no
further extension be granted and the under
ground trolley not be operative after June
80, 1897, what action should be taken by
| the department?
Limit Prescribed.
| cit is observed that the underground troll
| ley Is to be built within certain period
fixed by law, that is. fourteen months from
i the date of the opening of the bridge, unless
extensions should be given by the Secretary
| of War, based on the question of whether
or not he deems that the new fill made for
| the approach Of the new highway bridge
| has become sufficiently settled to permit
of the proper and safe construction and in
| stallation of standard underground cleo
trio system. OF the right Of the Secretary
| of War to grant more than one extension
Of time to the company there can be no
| doubt, as the act of March 2, 1905, so states
| in terms. The main fact, therefore, to be
| determined is, has the Secretary Of War;
in granting the extension to June 80, 1907,
placed himself on record as deemine that
the new fill has become sufficiently settled
| to permit Of the proper and safe construc-
| ton and installation, ETC., of the UNDER
ground trolley SYSTEM and was the extern
| the fill had become properly settled to per-
| NIT Of the underground system being es-
tablishevd in way which precludes him
from granting further extension Of time
1T will be observed that at the outset
| the trolley company asked an extension to
December 1. but On the recommendation
| Of the engineer in charge of the work and
of the chief Of engineers this extension was
not granted. but June 80. 1907. was fixed
upon the limit of such extension. In so
fixing the limit the Secretary of War EVIL
IDENTIFY accepted the views Of the engineer
officer supervising the construction Of the
bridge and its approaches. and of the chief
OF engineers. that the fill was sufficiently
firm to warrant the construction Of the un-
foreground system. The present applica-
tons Of the trolley company are based on
the assertion that in the opinion of it's
engineer. presumably the one who will have
charge Of the construction Of the under
ground system, the fill Is not sufficiently
firm to warrant the work being done at
present. The engineer officer supervising
the construction of the bridge and the chief
IL
ment and again express the opinion that
| the underground conduits may be construed
with full assurance of stability.
1.-THE fact that the act of March 2, 1905
authorizes the Secretary Of War to grant
additional extensions of time indicates that
Congress intended 20 give him wide dis
erection in the matter, Congress evidently
believing that one extension of time might
rot prove sufficient. And since the first
| extension of time must obviously under
! the terms of the law have been based on
| the supposition by the Secretary Of War
| that it would be sufficient and that the
! fill had properly settled. it seems clear that
| he was left at liberty to change his mind
! on this subject should the circumstances
| warrant it.
81 would. therefore. give it as my opinion
| that 1t is still within the power Of the Sec
rotary Of War to grant extension Of
| time should he deem 1t wise to do so.
Convenience to Public.
SIT may be here proper to state that the
Washington. Alexandra and Mount Yer
| non Railway Company. as carrier. serves
! as an enormous convenience for a great
number of people; that its action in not
] conforming with the act of Congress and
| fine extensfOn granted thereunder bv having