Evening star., 1940-05-19
Fifty Years Ago
In The Star

In pursuance OF its fight against con-
cessions granted to the Pennsylvania
p.uI Railroad irrs the Atkin-
"'"'"No Mcpherson bill, The
CONCESSIONS Star of May 15 1890,
Scored prints the following edi-
torial:
president Roberts, in the interview
printed yesterday in The Star. suggests
a willingness on the part of the Penn
sylvania Railroad Co. to meet one-half
the cost Of sinking and abridging or of
elevating the company's tracks in WASH
ington. He states that the company
has the right under its charter to run
tracks on the surface of the streets and
lntimates that no improvement can be
accomplished except with the COM
pany's assent and upon the company's
terms. The act of February 5, 1867, in
giving the road gratuitous right of way
over the public streets provides that
the level of said road within the city
shall conform to the present gradation
of the streets, unless Congress shall au-
thorize a different level and Congress
has also the right to repeal or amend
the entire grant. Evidently Congress
has the power to authorize a different
level for the road or to remove it en-
tirely from the streets which it now oc-
cupies, and If the road has any claim
for damages it will be merely an equi-
table one against the United States Gov
ernment.
rrd dy,fn nc -
road with notice that 1t might revoke or
modify the grant at any time, and no
legal damages can be claimed for such
modification in pursuance of condition
of the grant. Washington, however, Is
we'll aware that Congress is not likely to
make full use of its power, merely at the
request Of the District, to compel the
road to do what the latter strongly re-
sists and that practically there is basis
for Mr.. Roberts claim that terms must
be made with the railroad. In conduct
ing this negotiation with the road Con-
gress is the Capitals common council
and board of aldermen, whose duty 1t is
as the representative of the city to drive
the best bargain which can be obtained
for 1t.
"Mr. Roberts does not propose to sur
render the station site on the Mall or
the four small reservations illegally oc-
cupied by sidetracks. or the reservation
at the intersection of Maryland and
Virginia avenues which Attorney Riddle
has said is occupied only by virtue of
squatter sovereignty. If the occupation
of any part of the public property is to
be authorized and continued the value of
these grants should be estimated by way
of offset to the amount which the Gov
ernment might otherwise be expected to
contribute for the removal of grade
crossings. Senator ingalls, several years
ago reckoned the value of the privileges
upon the Mall at half million dollars.
The other public ground, legally or IL
legally used, is of great value. What the
Government gives to the road should be
considered in ascertaining how much
the Government should contribute
toward the removal of grade crossings.
And this fact makes 1t essential that the
question of change of station site, re-
moval of grade crossings and conces-
sions, including the four reservations.
asked by the Atkinson-McPherson bill,
should be disposed of at one time and
by the same piece of legislation. In this
way only can all the parties receive fair
play. To give to the road what it asks
under the Atkinson Mcpherson bill
would be to present to it for nothing
what should be part OF the considera-
ton for the removal of grade crossings
and making other improvements.
"If Congress in the end should refuse
the request of the Capital that it now be
freed from railroad tracks and should
confirm the roads occupation of the
reservations illegally occupied, the con-
cessions to the road would be worth far
more than the city's share of the cost
Of removing the grade crossings and at
the very least the road should In that
event bear every cent of this expense.
"The Baltimore and Ohio will evi-
dently be required to compensate the
public by the removal Of many grade
crossings and other improvements, for
the benefits which it seeks. The same