Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-16
TRACKS ARE TO STAY
Railroad Enjoined From Nov
ing Navy Yard Line.
JOY AMONG EMPLOYEES
Jobs of 1000 Men Saved by Justice
Barnard's Action.
WORK CAN NOW GO AHEAD
Company Restrained From Interior
ence Before May, 1e1o-Bill Now
Before Congress.
or AMONG EMPLOYEES
WORK CAN NOW GO AHEAD

The fears OF the 1000 employees Of the
Washington navy yard that work there
might have to be discontinued by reason
Of the announcement by the Philadelphia
Baltimore and Washington Railroad Com
pany that 1t would not construct new
switch to the yard in accordance with the
action of Congress authorizing it. were
allayed today. when Justice Barnard of
the District Supreme Court signed an in
junction preventing the company from re-
moving or attempting to remove the pres
ent tracks to the navy yard.
The injunction granted at the request
Of the United States. through Attorneys
D. W. Baker and Stuart Mcnamara pro-
vides that the company may not tear up.
change or remove the tracks from the
connection with the main line of track
on Virginia avenue, via New Jersey ave-
nue.. Canal and X streets southwest to
the connection with the track system of
the navy yard of the United States in the
District of Columbia or may not attempt
to do SO at any time prior to May 81,
1910
In setting this time limit to the court s
order the United States attorney expressed
to the court the hope that Congress would
take up the matter and dispose of the
question of making some permanent ar
rangement for the traffic accommodation
of the navy yard.
An injunction restraining any interfeI>
el1ce by the company with the tracks was
made by the court February q last for
sixty days, which expired last April. The
proceeding today was on supplemental
petition filed by the United States to its
petition of last February.
In the supplemental petition the court
is advised that the railroad company is
announcing its intention to ask for dis
solution of the former injunction to the
end that 1t may remove the tracks, the
time limit of the injunction having ex-
pired. The attention of the court is call
ed to the act passed May 81. 1905. pro-
May q, 1910. and the claim is made that
the tracks should not be disturbed prior
to 1910.
Necessary to Navy Work.
The petition declares that the perform
ance Of the business and operations Of the
navy yard and the execution Of the
maneuvers. drill and other naval exer-
cises and tests at the proving station at
Indian Head. are wholly dependent on the
maintenance intact of this switch. The
removal of the track. 1t is stated. will
require the great work Of the government
to Immediately suspend and the govern
ment will be irreparably damaged.
1t is understood the raj 'road company
has no objection to continuing to operate
the switch to the navy yard, but its objec-
ton to the law authorizing the new switch
arose out OF the requirement Of the act
that 1t be compelled to purchase the right
Of way over a definite route set out by the
act, Besides the great expense entaiIed in
this new construction, the company
claimed that 1t would be involved in ex-
pensive litigation to determine the ques-
ton of ownership along the water front OF
the Anacost1a river.
A bill to authorize a legal inquiry into
this question Of title has been introduced
in Congress on behalf of the government
and an appropriation of $4,000 asked to
defray the expenses incident to the pro-
ceeding.
Admiral Leutze Gratif1ed.
Rear Admiral Eugene H. C. Leutze
commandant Of the navy yard, when in
formed this afternoon of the action of
Justice Barnard, expressed qualification
that the threa tened serious Gripping of
the great naval gun factory would be
averted. He was glad for the sake Of
both t he government and the work
men who are largely dependent upon their
was one of the guests Of honor at the
banquet Of the National Geographic So
ciety to the American navy asst night
and regarded the decision of the court
following in the wake of that distinguish
ed function as suspicious.
Other officials at the navy yard express.
ed pleasure because of the opinion Of JUS
tice Barnard. and the thousands Of work
men were simply overjoyed at the news
that was first conveyed to them by The
Star