The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-10-28
MUST ELIMINATE
ALEXANDRIA GRADE
CROSSING AT ONCE
Railways Must Bear Whole
Cost Decision of Corporation
Commission Looking to
Courts for Redress.
Crossing is Dangerous and
Emergency Requires Promp-
Action---Decision is Depart
ure from kule---Does Not
Set Precedent.

Affirming that the State corpora
ton commission has not the authority
to force a county to bear part of the
cost OF improvements demanded of "a
public service corporation and that
the case in question constituted an
emergency with which the commits
sion dared not trifie. Judge William
F. Rhea handed down decision yes
terday In the case of the Common
wealth against the Southern and
Washington-Southern railway com
panies, requiring the grade crossing
at Alexandria to be put under the
ground at the expense OF the rail-
way.
The opinion, written by Judge
Rhea, was concurred In by Commits
sioners Wingfield and Prentiss.
II Not a Precedent.
Judge Rhea said last night that
heretofore Il has not been the GUS
tom for the commission to force un-
foreground crossings to he construct
ed at the entire expense of the rail-
way and that the case In question In
not tn be regarded as 81 precedent.
The decision set forth that the COM
mission has not the power TO force
the county TO pay Its share and ex-
cused attorneys for the plaintiff from
answering the cross petitions OF the
Defendant com ranies on that ground.
but held that the railway must con-
struct the underground crossing even
though the county Of Fairfax had re-
fused 10 bear a part of the cost. While
the commission In this case decides
that Ii Ia without Jurisdiction over the
county 1t has usually used Its offices
n Induce the county -inynlyed To IN
dectake part OF the cost In this
case, however. the county Of Fair
fax objected. attorneys raising the
point that the commission Is without
jurisdiction and we're sustained. The
court took the ground also that the
grade crossing should be eliminated
81 once and so ordered
Dangerous Point.
Seven tracks, three Of them main
Ines, pass the point In quest ton. over
which are run about two hundred and
nifty trains a day, including shifting
engines, The danger lis great and the
court was Of the opinion that the
work Of constructing an underground
crossing should begin at once. The
railways have the privilege OF pro-
ceeding against the county for reim-
bursement in the courts having turis-
dicticn.
The opinion Ia the result Of pro-
ceedings instituted by the corpora
ton commission against the railway
companies named on complaint OF the
authorities and citizens OF Fairfax
county, who claimed that the cross
ing ri Alexandria was dangerous In
Judge Rhea's opinion II Is stated that
the crossing Is dangerous, IL hav~
ing been ascartalned that there are
seven tracks at the point. four of
them rain lines and that on an
average cf rwe hundred and fifty
passenger ana freight trains pass there
daily. Judge Rhea gave It as his
opinion thai the crossing should be
eliminated and that an underground
Wanted County TO Share.
The initial proceedings against the
railway companies following extended
efforts on tire part Of the commission
and the county authorities to induce
re companies to make the change at
the crossing and led to their finally
consentlng to make the substitution
provided the county would bear half
the expense. las contemplated by the
laws OF Virginia"
Improvements Ordered.
For the purpose of making the au-
thoriries OF Fairfax county parties
to the proceeding the defendant COM
panies asked that their answers be
taken "a cross petitions against the
authorities og Fairfax county, and
make answer to such cross petitions.
On the day set for hearing the board
Of supervisors Of Fairfax county APP
peared before the commission, by
counsel and objected to its being made
a party and required to answer in the
proceedings. Their ground was that
the State corporation commission had
no Jurisdiction as against the board
Of supervisors OF Fairfax county, and
could not enforce any order or or
5ers 1t might make in said proceed
ings, but could only enforce such
orders against the defendant compa-
MES as being public service corpora
tions."
Additional improvements ordered
by the commission were that wire
the ties extending from inside to
inside of guard rail to prevent ciink-
ers from the ash pans OF engines. and
leakage from defective cars, falling
into the underpass and provide open
skylights between the tracks for light
and ventilation.
Also, that the roadway or under
pass be paved for its entire length
between the concrete walls with some
good material and that four catch
basins properly protected by remova
BILE iron Eratings should be construct
ed, Just at the end of the ahutments.
connecting II with a thirty-inch iron
drain pipe, aiding from the under
pass and empting into the overflow
race.