Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-06
ARGUES FOR REFUND
Pennsy Urges Court to Order
Payment of $1,500,00O.
ALL REQUIREMENTS MET
Lawyer Contends That Commission.
ers Fear Public Criticism,
DISTRICTS COUNSEL ANSWERS
Declares Company Would Take Its
Gown Sweet Time" if Paid-His
Private Opinion Cited.

1.-The District Commissioners, in fear of
popular criticism. are attempting to force
the Philadelphia. Baltimore and Washing
| ton Railroad Company to change the loca-
| tion of the substation from the site at the
| north end of the Long bridge to a place
| on Maryland avenue between eth and 9th
streets by holding up the payment Of
$1.5OO.OOO due on account of the Union
station" declared Attorney Frederick D.
Mckenney. addressing Justice Barnard
this morning at the hearing on the petit
tion for mandamus to compel the Com
missioners to issue a certificate required
before the Secretary of the Treasury can
pay the sum to the company.
McKenney argued that all the require
ments of the act of Congress had been
complied with except such as had been
retarded by the Commissioners or en-
Joined by the authority of the District
Supreme Court. He stated that the SUBJ
station plans were approved by the Com
missioners several years ago and acting
on that approval the company had ex-
pended several thousand dollars in foun-
dations and other works at the site Sc
lected.
Congress Failed to Act.
Because the plans were found to en-
crOach on a part of Potomac Park 1t was
suggested that Congress be applied to for
legislation designating the site and au-
thorizing the encroachment. A bill for
this purpose was introduced and referred
to the proper committee, but not acted on
by Congress-
McKehney declared~that the Commits
sioners. without authority. then attempted
to withdraw their approval of the plans
for substatiOn and are attempting. in
fear of criticism. to force the railroad
company to use the new site selected by
the Commissioners.
The sidings complained of, Mckenney
stated could not be removed either be-
cause they were private sidings and did
streets not required by Congress to be
cleared or were enjoined by the court at
the behest of the United States for the
use of the navy yard.
Corporation Counsel Answers.
Corporation Counsel Thomas admitted
TO the court that Engineer Commissioner
Morrow favored the contention of the
railroad company. but said Commission
ers Macfarland and West opposed it.
Thomas insisted that it would have been
bad administration to have issued the
certificate. because. he thought. the rail-
road company a7ter receiving the money
would take its own sweet time to build
the subStation and erect the superstruc-
ture of the New Jersey avenue bridge
Thomas urged that until these things
were completed the court ought not to
compel the issuance of the certificate by
the Commissioners He also urged that
the Commissioners. acting as a board,
acted judicially. and the court cannot
review the action.
Thomas suggested that the railroad
company had a clear legal remedy if en-
titled to the payment of the money by
suit against the United States In the
Court OF Claims.
McKenney. in response to the argument
court an unsigned opinion of Thomas,
which sustained the railroad companys
contention and which had not been ac-
cepted by the Commissioners and there
fore, he declared. not signed by Thomas
as corporation counsel
Justice Barnard took the matter under
advisement