Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-26
District Authorities Decline
Pennsylvania Co.'s Request.
OBLIGATION FOR $1,500,000
Majority of the Commissioners Be.
lieve Delivery Should Be Delayed.
TERMINAL NOT YET COMPLETED
Difference as to When the Certificate
Is Due-Term "Ready for Oc-
cupancy" Interpreted.

The demand of the Pennsylvania Rail-
road Company for the certificate Of
s., 500, 900 from the Commissioners for the
completion of its part in connection with
the construction Of the new union station
and the grade eliminations. which pay
ment is provided for by an act of Con-
gress. will be refused by the Commission
ers.
This demand was made by the railroad
company more than one month ago,
claiming that it had completed its part of
the contract. but Commissioners Macfar-
land and West think differently, and an
nounced today that they cannot agree
that the time has arrived for the payment
of this big sum Of money. Commissioner
Morrow thinks that the railroad company
has completed It's part Of the contract. &C
cording to law. and that the Com mission
ers should issue the certificate. He made a
motion to this effect several weeks ago.
and before the other two Commissioners
considered it they called for public
hearing upon the subject.
AT this hearing attorneys for the rail-
road company appeared and argued why
the Commissioners should issue the GER
tificate and delegations from various cit1-
zens' associations appeared and argued
against the payment OF this money. The
neys for the railroad company was that
the company has everything ready for
occupancy which is in compliance with
the law. they commended. and should war
rant the payment Of the certificate for
the money.
Commissioner West said today: BE
lieving that the term ready for occu-
pancy" should be accepted in its fullest
sense and that the law will not be salts
fed until permanent fixtures take the
nj Of TNSEpShfffS in
new Union station. would not feel justf
fed in signing the certificate demanded
by the railroad company
Mr.. Macfarland's Recommendation.
Commissioner Macfariand's recommen-
dalton regarding the certificate follows:
After considering the arguments made
at the public hearing, and rereading the
legal opinions in the papers, I cannot
agree that the time has come to issue the
certificate provided for in section of
the act of February %, 1868. and now re-
quested by the Philadelphia Baltimore
and Washington Railroad Company,
cannot certify in the language of the act
that said passenger station and terminal
and connecting lines of railroad con-
templated by this act are ready for oc-
cupancy." The whole matter turns on
the question of fact as to the Union sta
ton and terminal and connecting lines
ing ready for occupancy. l am certain
from frequent personal examination that
the Union station is not ready for oc-
cupancy and I do not believe It will be
until all the essential interior features
provided for In it's plans are installed in
place Of the makeshifts which are now
in temporary use. There is no perma-
nent provision for ticket selling or bag
gage handling. or lavatories, or other con-
veniences for passengers. including the
proposed restaurant, and In other essen
tial ways the building Is still incomplete.
1t was occupied before 1t was ready for
occupancy. Then again. there is suffi-
Gent doubt as to the construction Of the
act with respect to whether the compile
ton or the substantial completion of all
the other things required by the act Is not
necessary as condition precedent to the
certificate to be made by the Commission
ers to make me unwilling to sign such
certificate at the present time.
Company to Be Advised.
In view Of the positions taken in this
matter by Commissioner West and Mac
farland. the demand made by the railroad
company for this certificate will be off,
cially turned down tomorrow. and
letter to that effect will be sent to the
officials Of the company.
Commissioner Morrow thinks the de-
mand Is a Just one. and that the Commits
sloners are making a mistake in not
granting 1t. He also agrees with the
statement made by one of the attorneys
for the company at the recent hearing to
the ef1ect that In the event of the Commits
sioners refusing to issue the certificate
the railroad company will have little diff
Guilty In securing the same by applying to
court for writ of mandamus. Commits
sioner Morrow stated that every day this
$l,oOO0O Is kept from the company 1t
costs the latter about 500. which amount
would be the daily interest on the money.