Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-08-01

hutton toward the large expenditures
to be made by said company in the
relocation and improvement or us
line of railroad and elimination OF
grade crossings resulting therefrom,
as required by said act, the sum OF
81. SOC. 900 shall be paid to said Phlla-
delphia, Baltimore and Washington
Railroad Co, it's successors and as
signs, out of any moneys IN the
Treasury of the United States not
otherwise appropriated, and said sum
OF 81 500, 900 is hereby expressly APP
propriated for this purpose, and Shall
be paid upon presentation of a GER
tificate by the Commissioners OF the
District Of Columbia that said pas
senger station and terminal and con-
Meeting lines of railroad contem-
plated by this act, are ready Tor oc-
cupancy. Except as modlhed ny
this act, all provisions of said act
relating to the Baltimore and Poto-
mac Railroad Co., approved Fepru-
ary 10, 1901, and all rights, powers,
remedies and processes thereby con-
ferred on said last-named company,
or upon Southern Railway CO., shall
remain and continue in full force,
and with like effect as If herein re-
enacted at length: and all rights,
powers and privileges granted to,
or duties imposed upon, said Phlla-
delphia, Baltimore and washington
Railroad Co. by this act shall accrue
to and devoIve upon its successors
and assigns, as provided with respect
to the Baltimore and Potomac ran
road Co. by section Is of said act
relating to said Baltimore and Po-
tomac Railroad Co., approved Fen
ruary IL, 1901, and all provisions OF
said section shall be applicable
thereto in all respects, and in like
manner as they are made applicable
to the rights, privileges and duties
granted or imposd upon said COM
many by said aforementioned act.
Right Is Clearly Defined.
There really is no question of the
legal right of the Washington Ternni-
nal Co. to absolute possession OF the
land under consideration. The Ian
guage in the act authorizing the COM
many to secure the site, after defining
it's boundaries, stated: 'and for the
purposes of said passenger station ana
terminal said terminal company is
fully authorized and empowered to &C.
ouire. take and use all the lands and
property lying within said area or so
much thereof as it may deem nee
essary."
When plan proposed by the direc-
tor of traffic to control traffic condl-
lions at Union Station was referred TO
Francis H. Stephens, the corporation
counsel, he reported to the Dlstr1cl
Commissioners, as follows:
1.-THE portion on the south front OF
the station, which is the property OF
the terminal company, is not subject
to traffic regulations. The Supreme
Court of the United States in the case
of Donavan VS.. Pennsylvania RAIL
road Co., 1893 u. S., 279, held that
the Pennsylvania Railroad had the
right to exclude from the property Of
the company all cabs other than
those with whom it had contract for
the accommodation of passengers. Our
local courts have decided the same
thing with respect to the roadway in
front of Union Station.
Property Under Control.
Justice Stafford, under date of
October 81, 1919, in the case of the
washington Terminal Co. VS.. Inter
national Auto Sightseeing Transit
Co., Equity No. $4,000, decided tnat
the roadway in front of the Union
was IlOL a. PhOAAS AAASNA' ~ .
but that the title to the property and
space lying between the south line
of the property of the Washington
Terminal Co. and the Union Station
Building was vested in the terminal
company and under it's control, su-
pervision and direction.
"Reamy VS.. District Of Columbia, so
APP. D. c., 359, decided that a taxicab
standing upon private property of the
Washington Terminal Co. Opposite
the west entrance) with the permits
sion of said Washington Terminal Co.
was not In violation Of the act Of
Congress of July IL, 1919 Qoitering
section).
"It appears to me that the Commits
sioners are without authority to reg
ulate or control traffic on the property
owned by the Washington Terminal
Co. I think the most feasible course
is the one suggested by the traffic
director, that is, to agree with the
terminal company upon some plan of
control for the convenience of the
travelling public
When Congress gets back on the
job an effort is going to be made to