The Washington times., 1908-10-13
Right of Commissioners to
Revoke Approval to Be
Determined.
MORROW GIVES OUT
LONG STATEMENT
Different Views of Controversy
Given Out by Him and
mcfarland.

The question of the location OF a
substation in southwest Washington,
concerning which there Is a decided diff
ference of opinion between the Com
missioners. is to be decided by the
courts.
In the meantime, passengers viii be
compelled TO alight At the platforms
at Fourteenth and Wafer streets the
site favored by Engineer Commissioner
Morrow for the erection Of the station.
Declaring that for some reason beyond
ms comprehension, Commissioners Mac
faTland and West entirely repudiated
their thrice expressed agreement that
the Fourteenth street site was better
than the site they had selected two or
three months earlier Engineer Com
missioner Morrow today gave out a
statement concerning the reference Of
the case 70 the courts. Commissioner
MdCfaTland in an interview also eX-
pressed his views on the question
Thomas View.
Corporation Counsel E. II. Thomas to-
day informed the Commissioners that
the question of their right to revoke
their former approval OF the Fourteenth
street site is one to be determined BY
the courts. If the opinion Of this Of
nee should be that the railroad com
pany ought TO select another site, sub
Ject 10 the approval of the Commission
erS, such an opinion would not bind the
The railroad company would not Sc
leCt such other site
1T is the duty Of the corporation
NouuSel, unless otherwise instructed 10
carry out the order Of the Commission
ers and TO proceed by mandamus pro-
CeedlngS or other property remedy 10
compei the railroad company to select
new site, in compliance with the act
OF Congress OF February ., 1903.
In accordance with this suggestion
Commissioner mcfarland today recon-
IaN f.TH hsa
instructed TO begin mandamus proceed
lngs against the railroad company.
which recommendation was approved bv
Engineer Commissioner Morrow. who
added that he did not agree with the
majority Of the board concerning the
location OF the station. but regarded as
the most practicable way OF settling the
matter
The corporation counsel also informed
the Commissioners today that they are
without authority in the matter of the
removal Of the temporary platform from
seventh 10 Fourteenth street Until
the question Of the location of the sta
ton is determined, passengers there
lore Will be compelled 70 alight at the
point concerning which objection was
made and VIII not be given the con-
veuienCes Of a station, but must make
use Of the platform, a temporary plat
form.
Agreement Not Held
In reference 10 the erection OF the
station and the removal Of the platform,
Major Morrow said:
The railroad company doubtless can
construct on its right OF way and at the
point legally, and probably finally, ap-
proved by the Commissioners over a
year ago, any temporary platforms nee
ESsaTy 10 temporarily accommodate the
public. It would. however, have been
jar easier for them to have simply torn
Up their platforms between Seventh and
Ninth streets, and not have replaced
.HnrH in
should be definitely settled by the
courts, as il probably shortly viii be
They were notified in July by the Board
OF Commissioners, against my advice,
that the Commissioners desired this sta
ton TO be erected east of Seventh
street, but IN the motion made by Com
missioner mcfarland and approved by
Commissioner West. IL was definitely
stated, over Commissioner mcfarland s
HevCd the Fourteenth street site TO be
the better one, and more nearly comply
1nE with the requirements of the law
Believing that Commissioners Mac
farlaud and West meant what they said
In tbiS statement. I Informed the chief
engineer Of the railroad company that
I believed that II the company could
design satisfactory station within the
limits Of their Tight-oT-way the Com
IniSsiOrers would doubtless approve it.
They theIeupOn made this request and,
Tor some reason beyond my COmpTehen-
sion, both Commissioners Macfarland
and West entirely repUdiated their
thrice expressed agreement
The following statement was issued
by Commissioner NIacfarland:
7 have confer with Mr.. Thomas.