Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-18
FINE LEGAL TANGlE
Possible Dispute Over Siding
to Central Power Plant.
RAILWAY GRADE CROSSING
District Commissioners Want the
Tracks Removed.
COMPLIANCE NOT CERTAIN
supt. Woods of the Capitol Await
ing Advice-Question Of Jurisdic-
ton a Matter Of Controversy.
COMPLIANCE NOT CERTAIN

across Virginia avenue southeast, at
grade. to the new central power plant
for the group Of great buildings on Cap
itol Hill bids fair to stir up a muss and
involve various departments OF the
government in legal tangle.
Inc central power plant being prac-
tically completed, the District Commits
sioners yesterday sent a letter to Elliott
Woods, superintendent Of the Capitol,
demanding that the siding be removed
They were actuated in making this de-
mand not only by the fact that the year
FOR which they gave permission for the
use or temporary siding at this point
mas expired. but by the additional cir
cumstance that not long ago a citizen Of
the District was injured at this point
ard has since sued the municipality Tor
damages.
But 1t isn't at all certain that Mr..
WOODS will comply. He is awaiting
iegal advice from the Department Of
the interior on the subject, and it isn't
at all improbable that the department
Will hold that the Commissioners have
no Jurisdiction at all in the matter.
rms Will be news-and not agreeable
news at that-to the Commissioners.
Question of Jurisdiction,
In the meantime. there is no one in
the legal service Of the government
OR In the employ Of the Pennsylvania
railroad, for that matter-who will
make positive assertion as to whether
the insignificant but useful four
hundred-foot siding is under the juris-
dfction and control Of the federal gov
eminent, the District government or the
pennsylrania railroad. 1t is predicted
.hinL;n IT WIN i,, take some high. proved
The act providing for the erection of
the central power and heating plant
authorized the construction OF the sid
Ing by the Pennsylvania railroad in
the following language:
And siding from the Philadelphia,
Baltimore and Washington railroad for
the use of said building, in accordance
with plans approved by the Commits
| sioners Of the District OF Columbia, is
hereby authorized to GROSS. at grade
or Otherwise, the proposed extension Of
Virginia avenue
Action of Commissioners.
The first plan for siding offered to the
Commissioners for their approval contem-
plated an overhead affair. This the Com
naissioners approved. But as this would
have cost the government money, whereas
the power plant act contemplated the
construction Of the switch by the railroad,
the House office building commission, in
charge Of the construction work. never
gave its o. X. to the plan. Neither did
the Pennsylvania railroad, which claimed
that owing to the necessity Of switching
operations on the main track, which the
overhead siding would entail, it was of
necessity dangerous.
Later Mr.. Woods got the approval of
the Commissioners, for a period Of one
year. to the present, temporary siding
across Virginia avenue at grade.
An agreement in writing with the PENN
sylvania railroad provided that II the
siding were permitted to remain the rail-
road should not be reimbursed for the
we're ordered removed the company
should be paid in full for its installation
and maintenance.
Recently the railroad. in order to es-
tablish the facts in the case, sent in
bill Of some thousands Of dollars to Su-
perintendent Woods for the cost Of erect
ing and maintaining the switch. This
bill Mr.. Woods referred Ito the legal
branch OF the Interior Department.
May Rule Against Commissioners.
While Mr.. Woods declined to discuss
the legal aspects Of the case yesterday in
advance Of a final opinion from the In
terror Department, 1t is learned from we'll
informed sources that it is not improbable
that 1t will be held that the Commission
ers have no Jurisdiction In the matter,
they having originally given their ap-
prevail to a plan for siding and it ap-
parentIy mattering not a whit, consider
ing the language of the law which per-
mits a crossing "at grade or otherwise"
that they reserved their approval to an
overhead switch. while the one that was
finally put In under a temporary permit
operates at street level. OF course the
Commissioners do not take this view of
the case and undoubtedly will make a
fight
Some legal experts who have been con-
suited on the subject take the view that
as the Pennsylvania railroad has COM
piled with the law in carrying out the
authorization for siding lat grade or
otherwise" and If this siding is salts
factory to the House office building COM
mission, In charge of the work on the
central power plant, the switch may stay
there, anything the Commissioners may
do in the matter to the contrary not
withstanding. In the meantime 1t will
isfactorily whether the citizen who was
injured at the grade crossing in ques-
ton should attempt to collect damages
from the federal government. the Dis
trict or the Pennsylvania railroad.
1t is confidently predicted that this
100 feet of siding will cause some brains
a lot of worry and result in a great deal
of stenographic and other labor before
the controversy Is settled.
MELON SEASON ABOUT OVER.