Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-26
Maj. Morrow Disagrees With
Commissioner West.
ISSUE IS SUBsTATI0N SITE
Engineer Officer Says Colleagues Are
Legally Bound.
HONOR" Is ALSO MENTIONED
History Of the Matter Reviewed and
Civilian Members Of Triumvi-
rate Are Quoted.

That any attempt on the part of the Com
missioners of the District to withdraw
their approval of the site at 14th and
Water streets as the site for the SUBJ
station to be erected by the Philadelphia.
Baltimore and Washington Railroad Com
pany for the convenience of the southern
passengers" would be illegal unless agreed
to by the railroad company is the opinion
Of Maj. Jay J. Morrow. Engineer Com
missioner. Asked today regarding a
statement by Commissioner West that he
disapproved the site in question and will
insist that site be selected between
eth street and ~ street southwest. Maj.
Morrow declared that both Commissions
ers Mcfarland and West have twice APP
proved the Water street site. and that
they are not only honor bound to stick
to it. but are also legally bound to stick
Morrow Gives His Opinion.
81 am of the opinion the Engineer
Commissioner added, that the railroad
company can again by mandamus pro-
ceedings prove that the Commissioners
have erred legally in acting against the
advice of the Engineer Commissioner
and shall request a formal opinion of the
corporation counsel Of the District. This
l would have done in the first place had
not assumed that both Commissioners
Mcfarland and West meant what they
said when they jointly stated they be-
lieved the 18th street site the better one.
Senator Martin and Representative Car
lin of Virginia visited Commissioner West
yesterday afternoon. and after a long
consultation the Commissioner informed
them he had decided to oppose Commits
sioner Morrows motion in favor Of the
14th street site, and that he will insist
on the railroad selecting another site for
the substation. Mr.. West said he would
communicate his views to Commissioner
Mcfarland. who is spending his vacation
in New York, and who will have the
deciding vote.
Difficult to Understand West.
Commissioner Morrow further said:
II find 1t difficult to understand Com
missioner Vests action in this case. On
June IS Commissioner Macfarland made
motion denying the request of the Phil
adelphia. Baltimore and Washington Rail-
road Company that the Commissioners
sign the certificate. on presentation of
which the company could obtain the sum
which the United States Congress had
contracted to pay it for certain acts long
since completed
In this motion he included the demand
anat the company erect substation in
act OF Congress referred to, between Az
and 9TH streets southwest. the COM
missioners withdrawing their formal legal
approval of the substation site at 18th
street as well as later illegal approval
OF the building. In the very body OF
this motion Commissioner Macfarland
states: I believe the 18th street site is
the Dette1 one and conforms more nearly
to the requirements of the act Com
missioner West approved this motion
June q. the Engineer Commissioner dis.
senting later.
I'm accordance with this action the
company was advised by letter July 3.
After conference with the Engineer
OF attending to the details of such mat
tiers. the company, believing that the
Commissioners had no objection TO the
14.h street site excepting its occupation
Of public space. return with the state
ment that they are prepared to build a
proper and convenient station entirely
on their own right way at the site
first approved.
Matter Of Surprise.
Believing that this would meet with
the full approval of the board of Com
missioners. I made tine motion that the
company be informed that if they could
site, entirely on their right of way, the
Commissioners would approve it, 1t then
comes back. to my surprise. with Com
missioner Vests disapproval with no
other remark than 4 do not favor the
location Of the substation in the neighbor-
hood of 18th and Water streets, believing
said location to be inconvenient and on
tirely unsuited to the demands OF traffic
favor the location of the substation
between ~ and 7th streets southwest.
| in close proximity to two convenient street
car lines which give transfers to all sec
lions Of the city,
TN the letter from the company doubt
is expressed OF the legal right of the
commissioners to withdraw it's formal
approval. 1t should be stated that all
of the Commissioners approved the site
OF the substatiOn well in advance of
progress Of construction work in the
southwest section. 1t is my belief that
the action of the Commissioners in at
tempting to withdraw their approval is
Illegal. unless 1t be consented to by the
railroad company which is unlikely at
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