Evening star., 1929-06-24
CITIZENS TOPRESS
DECISION ON SIDING
Freight Unloading by B. & O.
- in Takoma Declared
UnbearabIe.
By WILLIAM J. WHEATLEY,
Staf Correspondent of The Star.


living in clouds of cement, brick and
sand dust, which with accompanying
noises, starts early in the morning and
continues until late at night, residents
of North Takoma in the vicinity OF
the public park" are up in arms at
what they term is a continuing nui-
sance and all carried on under a tenn
porary injunction issued by the Circuit
Court at Rockville. The case has been
pending for more than a year, and
counsel for the town are attempting
to have the court hear arguments, and
get the injunction dissolved.
The residents, since Summer began,
have declared the conditions unbear-
able, and If allowed to continue under
the terms of the injunction they will
be forced to sacrifice their holdings in
a residential zone. They did not find
it so bad during the Winter. but with
the arrival of Spring and Summer,
1t was pointed out, small children
shudder in their sleep as handfuls of
brick, great pieces of sewer pipe, and
other heavy building material are
dropped on the Steel-bottomed trucks,
which come in endless line to the
freight cars standing on the siding.
Not even does Sunday give them re-
lief, they say.
Not for Local Consumption.
The material which Is Inloaded, they
assert, is not for the people or busi-
ness men in Takoma Park, for few,
If any, of the latter receive goods in
carload lots, and from four to eight
cars a day are spotted on the siding,
which adjoins ground which Takoma
Park claims as public parkway, the
latter being used for parking space
for the trucks.
When The Stars correspondent
visited the place both day and night
last week, he found large five-ton
trucks, bearing District tags, parked on
the ground, and during the night they
were parked without lights, some of
them on the public highway which
passes the park. But those familiar
with the case say that not even the
Montgomery County Police may do any,
thing to the drivers of these trucks for
parking without lights, because of the
broadness of the injunction.
AS q matter of fact, according to
those familiar with the legal phases of
the case, Takoma Park has been re-
strained from even enforcing its GRIM
tnal ordinances. Their hands have been
tightly tied. and the public is made
to suffer.
The land in controversy is q narrow
strip alongside the railroad right of way
which was dedicated in 1891. 1t con-
meets two larger pieces OF land at either
end. It is located on Takoma avenue.
It has never been improved as park,
because up to the time that efforts were
made to GUST the users of the land for
unloading freight, there had been no
need for PARK. But with the demand
for the Improvement of park spaces in
the metropolitan district, the town now
is ready to proceed.
Zoned as Residential.
Also, within the past few years the
area across the street from the park
has been zoned as residential and has
number of houses, while within
few hundred feet, with the permission
of the Injunction, Is an industrial area
owners assert that they have spent
much time and money In improving
their property, but clearly indicate thai
unless relief is provided by the court
for the protection of themselves anc
families in a peaceful enjoyment, they
will be forced to sacrifice their holdings
It was pointed out that the siding
Is not necessary for the carrying on OF
the railroads business, as within q few
hundred yards there Is another siding
in an area zoned as industrial, and
ample room is provided for railroad
siding extension.
Inc COHtSIlQS tAldb Az AAoS
obtained q right-of-way across the
park land by prescription, but the Op-
posing side has declared that no right
of-way can be obtained across public
lands by prescription, but what has
happened is that the railroad has beer
using it over a period Of years by per-
mission of the town, which the town
now seeks to revoke.
Town Ownership Conceded.
There has been filed in the case 9
letter which was written by an agen'
of the Baltimore & Ohio Railroad ir
1928, in which it was said that the
corporation could not give a permit
to an organization in Takoma Park fol
the erection of small shed on the
tract, because the land belonged to the
town of Takoma Park. When permiS'
sion was subsequently requested OF ths
!. town council for "a permit, there wa:
issued a revocable permit, which wa
evidence that the town owned thu
property.
Arguments were heard in the case a!
far back as September, 1928, but M
decision has yet been rendered by tht
court, and efforts were made to further
force a decision last week, when counSe
sought time for argument, but wer'
prevented from going ahead on account
Of the illness of one of counsel for th'
railroad company.
But because of pressure from the peo
pie in the vicinity of the siding, who ar
seriously affected by the continuanc
Of the injunction, every effort now Is T.
be made to get them some sort OF relic
from the alleged nuisance.
1t has been contended by counsel o
the town that the railroad company ha
violated certain criminal clauses OF tn
interstate commerce act by furnishing
services not included in its tariffs filet
with the Interstate Commerce Commis
sion. A car load Of coal was spotted OF
the siding for an organization in tn
town, but the company refused 1t OF
that siding because of the fear Of arres
for moving over the park property In I
violation of an ordinance. 1t Is con
sended that the railroad company thel
delivered the coal to the consignee.
Although there Is a town ordinance
prohibiting trucking over the park zone
the injunction has successfully tied tn
hands of the town police. who are pro
hibited from interfering in any wa
with the railroad company in its deliv
cry of freight at this point, under pen
atty of being in contempt of court
While the siding is on the railroad right
of-way. this. however, borders the par
land, and no freight can be delivers
without encroaching on the public parl
Plans have been made for the improve
ment of the land for park purposes, an
they will be carried out il the injunction
Is dissolved. These plans include tn
placing of a row Of poplars along tn
railroad right-of-way as a sort of screen
Residents point out that the move
ment Of through trains past the site
not Objectionable to them, but the con
tinual banging as heavy freight Is I'm
loaded day and night and Sundays wit
Policeman Smokes