Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-13
Law invoked in Railroad Sub.
station Dispute.
COUNSEL ORDERED TO ACT
Directed by Commissioners to Begin
Mandamus Proceedings.
MAJ. MORR0W'S CONTENTION
Insists Board Had No Right to Re-
woke Approval Of 14th
Street Site.

As means Of compelling the Pennsyi-
vania Railroad Company to select a site
on Maryland avenue southwest between
Ith and AZ streets, upon which to con-
struct the substation provided for by ar
act Of Congress. and the selection Of a
site for which has been a subject Of con.
troversy between the Commissioners and
the company for some time, the former
today ordered the corporation counsel to
proceed by mandamus or to take some
other proper legal remedy
This action on the part Of the Commits
sioners was taken this morning upon the
recommendation of Commissioner Mac
farland after receiving the opinion OF
Corporation Counsel Thomas upon the
question whether or - not the Commits
sioners have legal power to revoke their
approval OF the 18th and Water streets
sic for the station. which site Is beine
fought for by the railroad company, and
by calling upon the company to selec.
another site. In his opinion Mr.. Thomas
stated that this question Is one tina,
should be determined by the courts.
eff the opinion of the corporation coun-
sell he said. Should be that the rail-
road company ought to select another site.
subject to the approval of the Commits
would not bind the railroad company. The
company would not selec. an tier site
The order of the Commissioners revok-
ing their approval of the Water street
site. was bitterly opposed by Commits
sioner Morrow. who at that time contend
ed that his colleagues were legally il not
he nor bound to their original approval.
Despite his protest. he was voted down
by Commissioners Mcfarland and West.
and the order was promulgated. That
was last June.
In advocating the I'll, street site Com
missioners Mcfarland and West contend
ed that a STATEN at that point would be
more convenient &c the travelling public
than at Water street. and that Iecp!e
using the Southern trains almost daily
preferred the site in the neighborhood
Of It'll street
Courts to Decide.
Upon receipt of the Commissioners
order requiring it to select a site In the
vicinity Of 7th street. and rcvoking their
approval Of the Water street site. the
railroad company. through it's legal de-
partment questioned the Commissioners
right in that action, and the question was
then referred to Corporation Counsel
Thomas. who now reports that the courts
should be invoked to enforce the action
Of the Commissioners upon the rai!crad
company. He says this is undoub eddy
the proper course.
Maj Morrow. the Eng,nee, Commits
sioner has always been in favor OF To-
eating the station at 14th and Water
streets. When speaking today about the
attitude Of his colleagues on the Ques-
ton he declared that the Commissioners
twice approved this location, and despite
their revocation and their subsequent or.
der the station will never be located al
7tll. street.
IF the subst ton is not erected at l4tf
and Water streets there will be no sub.
station he declared. Il feel confident
what the outcome OF the court proceed.
ings will be. and am equally confident o.