The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-12-11
Justice Barnard Refuses to
Grant Mandatory IN
junction Sought.
SITE WAS APPROVED
IS COURTS OPINION
Holds That Commissioners Pave
No Right to Reject Their
Approval.

washington suburbanites have lost
their fight for a convenient substation
on the Philadelphia, Baltimore and
Washington road 20 be located north
Of Long Bridge at the foot Ot Four
teenth street
Justice Job Barnard IN the District
Supreme Court this morning refused
the mandatory injunction 10 compel
the railroad 70 put the substation at
Seventh or FOur-and-a-Han streets,
asked by the Commissioners ana de-
clared that the disputed site hao oeen
approved IN spite OF the denial OF CON-
misslOners Macfsrlf nd and west
Major J. J.. Morrow disagreed with
his colleagues and gave testimony that
contr4dicted theirs
Letter Has Weight.
It was a letter signed by Commission
ers Macfariand and West Ievokins ap-
proval Of the Fourteenth street site,
which lost the case for the people. for
IL proved to the satisfaction Of Justice
Barnard that the Commissioners had
approved the undesirable site or they
would not be revOking their approval.
This letter was written July 2, 1905,
and was written after the Commission
ers had heard delegations OF indignant
citizens protesting against the placing
OF the SubstatiOn where II IS saius II IS
almOsS inaccessible
The Commissioners and the railroad
had agreed on the Fourteenth street site
before the people knew anything OF the
matter, and the railroad, by tmmedl-
aUely complying with all conditions OF
the agreement. according - Justice
Baruard's opinion, sealed the ON
muters fate, for after that there {. "a
be no revocation OF the OniciaI >
Money Speut.
The railroad showed that 1900 had
been spert on the foundations at the
Fourteenth street site. and IN the face
OF this, Justice Barnard held. the Com
mlssioners had no power 20 change their
mind, even when prodded by public
opinion
Congress act ;aItho isirg the estab-
lishment OF the su5st 4t.on was held to
specify a location north OF Long
bridge" and the site at Seventh or az
Four-and-e-half streets southwest JUS
tice Barnard declared. Were not north
OF the Brio se, and could not have been
accepted by the Commissioners He
also called the attention Of the Com
missioners TO the fact that the- tried
IN their letter Of revocation 10 indicate
the site the people wanted. hile Con
gress provided that they should confne
themselves 70 approval OF a site sug-
gested by the railroad.
The Commissioners" says the opin-
ion, ARE purely creatures OF statute.
as the defendant company is, and tnev
have no power beyond what 10 confer
red on them by the statute" which IN
this case was to place the rstation
north Of Long bridge
This decision will probably be final. as
II is said the District vii. nCt appeal
from the decision.
There IS 20 be a substatioE, however.
for the railroad company t,5ay declared
that II Is ready 10 erect the sdbstation
according TO the plans already approved. .
on part OF Potomac Park, on ali Of it's
own land, with changes to be made by
the Commissioners, or in any Ctrer way.
But il will baild the station, II saws. and
possibly within three months.