Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-05-11

upon the bill of complaint and the exhibits
filed Herewith, the answer of the defendants
and the exhibits filed Herewith, and the e1
ceptions taken by the complainant to said
answer. upon consideration whereof and the
arguments of counsel being heard, 1t IS by
consent of all parties to this cause, adjudged.
ordered and decreed.
First: That the ordinance passed by the
defendant, the City Council OF Alexandra,
Virginia, on the 18th day OF June, lSO6, en-
titled
IAN ordinance repeating an ordinance up
proved October 18th, 1892, amending end re-
ordsining an ordinance approved April lith,
1892, entitled An ordinance authorizing he
use of Henry street, Alexandra, by the
Washington Southern Railway Company
and for other purposes, ~ null and void aud
of no effect.
Second: That the s uthern Railway Com.
pany, assignee Of the said The Washington
Southern Railway Company, its sue essors
aud assigns. is hereby recn9niz ID TO have and
POSSESS the power and authority to maintain
and operate forever, the single line of railway
track now IN existence ON Henry street in the
City of Alexan'ris, Virginia, with all its
necessary side tracks and turn outs as may be
agreed upon by the said The City Council Of
Alexandra, Va, (ssid side-tracks and turn-
cuts not to obstruct The drainage Of Henry
street or any street leading into Henry street,
or the free and convenient travel ihereupOn,)
in. upon ana through Henry street Ia sad
city Of Alexandsia, Virginia. from the posi-
ton where The passenger station OF the Vlr
GINA Midland Railway company formerly
STOOD 81 the southwest corner Of Duke aud
Henry streets to the northern boundary line
of said city. in accordance with the terms,
provisions and conditions set forth and stated
= hu col
City Council of Alexandria, Virginia, and
approved. the one on the IA h day of ADrii,
1892. aud the other on the 18th day Of October.
1892. entitled respe fully as follows:
The first IAN ordinance authorizing tire
use of Henry street, Alexandra, Virginia. 10y
the Washington Southern Railway Com
pany." and the second, IAN ordinance TO
amend and re-ordain an ordinance approved
April I4th, 1892, entitled AN ordinance
author zng the use Of Henry street, AlexaH-
dria, Virginia. by the WashingtOn-Southern
Railway Company"
| Third. The rights of Southern Railway
| Company in the premises having been here
| tofore in the previous paragraphs Of this de-
cree established and it appearing to the court
! that there is no purpose on the part of the
defendants, or Of any Of them, to invade or
| violate thesame, it is without prejudice 10
| the rights OF Southern Railway Company,
ordered that the interloeutOry injunction
| heretofore awarded in this cause, be and the
same hereby is dissolved and the Injunction
| b nd heretofore given herein is hereby can
| cealed and annulled.
Fourth. That the complainant recover Of
the defendants its costs by il IN this cause
expended.
J Fifth. This decree is final.
| Passed the Common Council, April 9th, l9 y
i II p ID
Passed the 30 ird of Aldermen, April q, 1909
J.R.N. CHRTIN, President.
| Approved, May 3, 1909.
| FRED ]. PAFF, Mayor.
| Teste: DANIEL r. SHREWSBURY, Clerk G. {