Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-14
EXPRESS VIEWS AT HEARING
Contend That New Union Station Is
Not Completed.
AS TO READY FOR OCCUPANCY"
Construction Placed on Wording of
Law by Attorney-Names
of the Speakers.

ington, the South Washington. the South
east and Northeast Citizens Associations
and individual citizens of this city and
Alexandria appeared before the Commits
sioners at a public hearing this morning
and entered vigorous protest against the
Commissioners turning over to the Penn
sylvania railroad the certificate for
81. 100 600 demanded by it for completing
it's part of the work i'm connection with
the terminal station and tracks.
Representative Charles G. Carln of
Alexandria appeared and denied the right
of the railroad company to demand the
certificate and of the Commissioners to
give it. He criticised the railroad COM
pany for attempting to evade the honest
intent of the law of Congress by making
the demand when, he says. it has neither
completed the Union station nor broken
ground for the substation for the con-
venience of the southern traffic.
The interests of the PENNSYLVANIA rail-
road were looked after at this hearing
by Frederic d. Mckinney. it's local attor-
ney: S. &. Neale, another of it's attor-
neys. and Robert Farnum, its local en-
gineer
Right of Commissioners.
1t developed that the right of the Com
miSSionerS to furnish the railroad COM
pany the certificate is based on the inter-
probation of the words ''completed'' and
ready for occupancy" Attorney McKen-
ney pointed out that all the laws in con-
nectlon with the terminal projects are
worded to mean ready for occupancy
He declared that the company has made
its lines and other work ready for occu-
pancy and has fulfilled its part of the
requirements.
The latter were said to be: The trans
fer OF the station and property on the
Mall to the United States; the relinullis,1-
ment of all rights to the Mall property:
the connecting of tracks in connection
with the terminal station, and having
them ready for occupancy. and the sever
ing of the 9th street and Virginia avenue
railway connections.
We have done all these things" Mr.
mckinney said. Zone million five hun
dred thousand dollars has been appro-
prlated to be paid to us for the Mall
property. 1t is now in the Treasury of
the United States awaiting the certificate
from the Commissioners. Every dollar of
this amount is from the revenues of the
United States. and the District of Co
lumbia is not credited with being re-
spOnsible for one penny of it,
I'm holding up this certificate the Com
missioners lead me to believe that they
read the words of Congress as the latter
did not intend them. This method of
construction makes legislation useless.
The word of Congress loses it's effect. 1t
it only in cases where the law is vague
that the faculty of construction comes into
play. but this is not the case in the word
ing of the law relating to the payment of
this 81. 500. 900.
Congress did not mean that everything
in connection with the terminal project
should be absolutely completed. 1t
merely certified that the lines. etc, should
be ready for occupancy before the money
is to be paid"
AS to READY for Occupancy"
DO you contend that the wording
ready for occupancy can be justly ap-
piled to the incomplete terminal station?'
Commissioner Mcfarland asked Mr..
Mckinney replied that such is his con-
tention. He explained that the wording
ready for occupancy means that the sta
ton, tracks. etc, ready to perform
the functions for which they were con-
structed.
The question of the substation in the
southwest section of the city was raised
by Mr.. West. Mr.. kenney replied that
the railroad has completed its plans for
the station and proposes to expend at
least $4,000 on it's construction. the delay
In building not being due to the railroad,
the Commissioners being partly respon-
sible
1t was explained that the Commissioners
selected site at 14th and B streets
southwest TOT the station. ana 1t deVeI-
oped that the site is public land. and d
question arose as to the right of the Com
missioners to authorize the railroad COM
pany to use it.
1T remains for Congress to authorize
our use of this Site he said. land until
this is done We do not propose to spend
penny. If we acted by direction of the
Commissioners it might develop later.
after we had expended all this money
that we have no just or legal right to the
occupancy of the land"
Representative Carlin Speaks.
Representative Carlin spoke next
Commissioner MORROW interrupted him
to say that the delay in connection with
the substation has been due to the fact
that the site selected by the Commission
ers is public land
Then why did the Commissioners select
such a site?" Mr. Carln demanded
They should have known better and
are subject to criticism for being partly
responsible for this delay. Regardless of
all the arguments of the counsel for the
railroad, l insist that the law of Congress
has not been lived up to and declare that
the commissioners have no right to pay
TINS money. The learned railroad at
torney Is attempting to evade the law by
using the words ready for occupancy In
my mind. occupancy means having the
station and the lines completed according
to the original plans approved by the
Commissioners. AS the station stands
now 1t is not fit for occupancy. but ac-
cOrding to the counsel it is not necessary
to do another lick Of work on it,"
Intent of the Law.
w. Mosby Williams of the East Wash
inston Citizens Association, the next
speaker. contended that the purpose and
intent of the act of Congress is for the
absolute completion of everything. in
Guiding the elimination of grade cross
ings.
Capt. William Potter of the East Wash
ington Citizens Associa ton mentioned
half dozen railroad sdings being oper-
ated in the southeast section and laid
particular stress on the tracks running
into the navy yard and the curve at 18th
and * streets southeast.
Others who spoke against the issuing of
the certificate were r. III. Johnson of the
South Washington Citizens Association.
Thomas w. Smith. president of the East
Washington Association: August Herman.
president of the Southeast Washington
Citizens Association: Mr. Luckett of the
Southeast Association. and Leo p Har-
low, an attorney of Alexandria. Va