The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-05-07
Rlames Commissioners.


Upon carefully reading the section IN
question and the public discussion of H.
1 am forced 70 the conclusion that the
responsibility at the present time is not
with Congress. but with the Commls-
sioners and I venture to lay before you
the reasons for this opinion The OBJ
iect of Congress IN the section under
disc1ISsion WAS the establishment OF
suhsratfOu Preliminary to this two acts
are necessary-thc selection Of a site
by the railroad company and the dp-
prevail Of that selection by the Commls-
sioners. One of these acts is expressed
in the section, the other necessarily i'm
piled but both are wholly subsidiary
TO the declared object Of the section,
namely. the establishment Of the sub
station
1T is now found that the substation
can not be erected on the site selected
by the company and approved by the
Commissioners without the passage OF
another act OF Congress specially 2u-
thorizing it. This IS exactly equivalent
TO saving that existing law does not au-
thorize the erection OF the SubstatlOn on
the site so SeIected and approved To
build the station there is beyond the au-
thority conferred by this section or py
other existing law. But If the building or
the substatiOn. the very object or the
law, is not permitted upon this side, under
this statute. ft necessarily follows that
are equally without authority OF law
The preliminary and subsidiary acts can
have no wider extension than the uitl-
mate object sought to be accomplished
The act OF the Commissioners in APP
proving a site upon Government res
ervatiOn was for these reasons. I sub
nit. ultra wires and is consequently null
and void. 1t is no exercise of the pow
Ors conferred by this section, and the
Commissioners are, therefore. now at
liberty 10 require the selection of an
other site upon which without amend
nent of existing law a substation can
new be established.
Another View of Matter.
The same result can be reached by
another course Of reasoning The land
suitable in location for a site may be
divided according 10 ownership into
three classes: land already owned by
the railroad company; land owned by
private individuals. and subject to pur-
chase or condemnation by the railroad
company, and land owned by the Gov
eminent. The first two classes OF land
are available for a site; the last alone
IS not available without change OF
congress plainly intended by this
section without further legislation 10
secure the establishment OF q substa-
ton. That end can be accomplished by
the selection and approval Of a site
on land owned either by the railroad
company or by private individuals. 1t
has been defeated so far by the desig
nation of a site of land owned by the
Government. A result so totally Op-
pOsite 20 the purpose Of the section
shows the erroneous character Of the
action already taken. and justifies the
CONCLUSION that that action was unau-
thorized by the statute.
Asks for CounsePs Opinion.
I'm view OF the grave doubts as to
the legality Of the action already taken
and the unsatisfactory results arising
from 1t, suggest that the Attorney for
the District be asked 10 advise the
Commissioners whether they have al
ready lawfully exercised their powers
under this section or whether their ac-
ton already taken is void OF authority
Upon the merits of the location OF
the substatiOn, / agree entirely with
Mr.. Carlin that the interest OF the trav-
cling public requires that il be estab-
lished at a point close TO the Seventh
street car line. When the Fourteenth
street site was approved. il WAS doubt
less thought that Immediately upon
the opening OF the substation proper ex-
tensions Of existing car lines would be
authorized and built. The difficulties
ara delays in regard 90 street car ia
cilities 70 the Union Station have now
made II apparent that the site Of this
less important substation must be fixed
with regard TO existing car lines
Very respectfully yours.
WILLIAM 3. KING"