Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-11
OBLIGATIONS NOT MET
Repayment of $1,500.000 to
B. and o. Is Held Up.
STREET NOT DEDICATED
Request for Commissioners Certifca.
ton Is Refused.
CORPORATION C0UNsEL's VIEW
Good Administration Requires Exac-
ton of All Things Before Re-
fund Is Made, He Argues.

Upon the question whether the Baltl-
more and Ohio Railroad Company should
De required to provide sufficient land on
the westerly side of the new Union sta
ton for a street not less than forty feet
wide, and dedicate that land to the Dis
tr'ct Of Columbia. depends the consent
OF the Commissioners to sign the certih-
cate attestins that the work on the
station and viaduct has been completed as
specified in the acts of Congress, which
will entitle the railroad company to re-
ceive the 100000 appropriated by Con-
gress toward the cost Of construction
of the Union station
Acting under instructions of the Com
missioners, Corporation Counsel E. Fl.
Thomas has been wrestling with the
problem for nearly three weeks. His
opinion. delivered today. was that the
railroad has not entirely complied with
the requirements of the law.
Mr.. Thomas Findings.
Mr.. Thomas reviews at length the stat
ute approved February II, 1901. entitled
AN act to provide for the elimination OF
grade crossings in the District of Column
bia,' and the statute approved Febru-
airy 49, 1903. entitled IAN act to provide
a Union station in the District Of Column
bia, and declares the first act requires
the railroad company:
ITO remove all tracks and structures
connected with its old equipment from
the streets. avenues. public reservations
Or other property of the United States.
ITO Immediately execute. acknowledge
and deliver to the Commissioners Of the
Dis trict OF Columbia a deed in due form
Of law granting, conveying, assigning
and transferring to the United States of
America all the estates, rights. titles and
interest that 1t has in, to or out OF GER
tain lands therein described. which can
be used for street or avenue for the
public benefit.
1.-The surrender of the railroad COM
pany Of it's rights under the severa!
acts by Congress heretofore passed ana
under its several contracts with munlcl-
pal authorities of the city of Washing
ton by said acts of Congress.
ITO complete the viaduct as required
by the act
Mr.. Thomas said he considered the use
by Congress of the word requirements
as particularly significant. He held II as
his belief that the railroad should meet
all obligations mentioned in the first as
we'll as the second act.
Compliance Before Payment.
The question was raised by Engineer
Commissioner Morrow whether the act
requires compliance by the Baltimore
and Ohio Railroad Company with the
last paragraph Of section >. This reads
as follows:
"And for the purposes of said passenger
station and terminal said terminal COM
PAW is fully authorized and empowered
TO ACQUIRE, take and use all the lands ana
properly lying within said area, or SO
much thereof as 1t may deem necessary
railway station sufficient land for street
not less than forty feet in width shau De
dedicated to the District of Columbia by
the said railroad company and the SAID
terminal company.
Corporation Counsel Thomas said there
was room for the claim that the language
of the second act entitled the signing OF
the certificate by the Commissioners, ana
that the granting of the certificate is IN
no way dependent upon the dedication OF
the street. but he gave it as his final
opinion that good administration re-
oi1ires the exaction that the railroad COM
pany do all the things required by the two
acts before the certificate is given.
Attorney Hamilton Presents Claim
The request for certification by the Com
missioners that the viaduct has been COM
pleted so that the Baltimore and Ohio
Railroad Company might receive the
81. 800 900. was made by Attorney George
E. Hamilton, on behalf of the railroad
company. June - He called attention
to section Of the act of Congress en-
titled IAN act to provide for ellmlnat-
ing certain grade crossings IN the Dlstrict
Of Columbia. etc" approved February Il.
1901, carried into the act providing for
the new Mon station, approved Febru-
airy IS, 1903, appropriating M.3O.NO TO be
paid to the railroad company. and speci-
flying that the sum should be paid upon
presentation of certificate by the Com
missioners that the viaduct had been
completed as required by law.
In his letter Mr.. Hamilton said:
1.-The viaduct and terminal have been
fully completed. and the Baltimore and
Ohio Railroad Company is advised that
the sum SO appropriated is now due and
payable, and. accordingly. l ask from
your honorable board a certificate stating
the completion of the viaduct in order
that we may receive payment.
Agreement to Withhold Part.
II understand from the Engineer Com
missioner that there is some question as
to the facngs or Innings of the subways.
These subways were completed in their
present form on the understanding with
the Commissioners that, it, completed.
they were not satisfactory and could not
be made satisfactory to the Commission
ers, an additional facing or lining would
the suggestion has been made that out
of the $1,JOO,0oO an amount equal to the
estimated cost of such facings or Innings
should be withheld until the question OF
the necessity Of such facings Innings
should be determined. and if determined
to be necessary. constructed by the Bal
timore and Ohio Railroad Company.
Mr.. Hamilton said he understood an
amount to fully cover the cost of the
facings if replaced would not exceed
$50 600.
When this letter came to the Commits
sioners Maj J. j. Morrow. the Engineer
Commissioner, moved reference to the
corporation counsel for an opinion wheth-
err the act providing for the Union station
requires compliance by the railroad and
the terminal companies with the pro-
vision which specifies that sufficient land
should be allowed on the westerly side
of the Union station for a street not less
than forty feet wide. which should be
dedicated to the District of Columbia
Mrs. Louise Youmans Dead.
Word has been received in Washington
of the death last Wednesday, Of Mrs