Evening star., 1932-06-26
OVERPASS ORDER
MAY BRING SUIT
Trolley Company Refuses to
Increase Grades in Ken
sington Project.
BY JACK ALLEN,
STAFF Correspondent Of The Star.


KENSINGTON, Md, June 25.-A
controversy between the State Roads
Commission and the Sandy Spring Rail-
way Co., with the prospect that legal
battle involving the Kensington Town
Council may follow, ioomed strongly to-
day when it was disclosed that the
traction firm has refused to comply
with plans for the construction of the
overpass that will carry the proposed
extension of Connecticut avenue over
the Baltimore & Ohio Railroad tracks
here.
In a letter to the mayor and Town
Council, in which he attacks the legal
lty of an ordinance recently adopted by
the council to raise the grade of How
ard avenue toward the overpaSS to be
constructed by the roads body, r. H.
Phillips, secretary of the Sandy Spring
Railway, declared that his company
fatty declines to increase its grades
and elevations along that street as set
forth in the measure.
Demands Proper Contract.
He also asserted in the missive that
the company would consider only such
changes in the grade of its tracks as it
deems to be of a reasonable nature, and
then only after the Roads Commission
agrees to bear the cost of the work
and enters into proper contract with
the town and railway.
The letter has been forwarded to the
State Roads Commission by Mayor
Frederick w. Brown, as Howard avenue
and other streets leading up to the site
proposed for the overpaSS were dedi-
Gated to the Roads Commission in an
ordinance adopted subsequent to the
passage OF the measure changing the
grade Of Howard avenue
1t is understood that the letter has
not yet been considered by the COM
mission, while John B. Gray, jr., of
Prince Frederick, Md, counsel for the
commission, said today that the matter
has not been referred to him for an
opinion.
Would Cost $4,000.
Phillips stated, in making public his
stand on the matter, that the grade of
his roads tracks would have to be
raised approximately feet TO comply
with the ordinance and estimated that
such a project would cost $4,000.
In his attack upon the legal phase of
the measure Phillips charged that un-
der the present plans for the overpass
the commission seeks to construct an
unnecessary and dangerous highway
crossing at the grade over his company S
tracks north of Howard avenue, while
under the charter granted the company
in 1906 the Sandy Spring Railway is
entitled to be relieved of the dangers of
grade crossings equally with the Bailti-
more & Ohio Railroad.
Cites Law in Case.
''It appears by the lews regulating the
action of the State Roads Commission
with respect to. crossing over railroads
that a contract must be made with the
railroad companies involved before such
construction is begun" Phillips said in
his letter. Reasonable changes in
grade of its tracks and elevation and
location will be permitted by this COM
pany, provided the proper contract is
made between the State Roads Com
mission, the Town of Kensington and
this company and if the changes are
made at a cost exclusive to the State
Roads Commission"
The traction firms secretary suggest
ed in his letter that 1t would be more
practical to construct the bridge across
the Baltimore & Ohio tracks at the
same elevation as it's roadway level Of
the track line of the Sandy Spring Co.'S
bridge over the Baltimore & Ohio a
short distance west Of the proposed site
of the oVerpaSs.