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Federal and
local
legislation
relating to
canals and
United States
Digitized by Google
"""
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SCIENTIA
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LIBRARY
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UNIVERSITY OF MICHIGAN
TUEBOR
CIRCUMSPICE
TRANSPORTATION
LIBRARY
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Daniel H. Burnham & Co., Chicago, architects.
SKETCH OF THE UNION RAILROAD STATION PROVIDED FOR IN THE ACT OF FEBRUARY 28, 1903.
57TH CONGRESS,
~
SENATE.
1 DOCUMENT
2d Session.
-
No. 220.
FEDERAL AND LOCAL LEGISLATION
RELATING TO
CANALS AND STEAM RAILROADS
IN THE
DISTRICT OF COLUMBIA,
Um
1802-1903.
COMPILED BY
CHARLES MOORE,
Clerk of the Senate Committee on the District of Columbia.
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1903.
Digitized by Google
Google
Trans,
1-16-14 /- /
G-19-46 7W
LAWS RELATING TO CANALS IN THE DISTRICT
OF COLUMBIA.
1
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LAWS RELATING TO CANALS IN THE DISTRICT
OF COLUMBIA.
THE WASHINGTON CANAL COMPANY.
[Extract from "An Act [of Congress] to abolish the Board of Commis-
sioners in the city of Washington, and for other purposes," approved
May 1, 1802.]
May 1, 1802.
SEC. 9. And be it further enacted, That it shall and may
Books of sub-
scription to be
be lawful to open books in the city of Washington, for opened
for com-
receiving and entering subscriptions for opening the canal
pleting the canal
from the Poto-
to communicate from the Potomac river to the Eastern
mac to the East-
ern Branch.
Branch thereof, through a part of the city of Washington,
under the management of Thomas Tingey, Daniel Carroll
of Duddington, Thomas Law, and Daniel Carroll Brent,
which subscriptions shall be made personally, or by power
of attorney; the said books shall be opened for receiving
Under whose
direction.
subscriptions, and continue open until the sum of eighty
Sum to be
thousand dollars shall be filled up, in shares of one hun-
raised, amount
of shares.
dred dollars each; and that each person shall, at the time
Act of May 31,
1832, ch. 112.
of subscribing, pay down ten dollars, being one tenth of
each share; and after fourteen days previous notice, by
Subscribers in
corporated.
advertisement, there shall be a meeting of the subscribers,
and they are hereby declared to be incorporated into a
company, by the name of the "Washington Canal Com-
pany," and may sue and be sued, as such, and make all
necessary by-laws and regulations for the proper manage-
ment of the business thereof. And such of the subscribers
Empowered to
choose a presi-
as shall be present at the said meeting, or a majority of dent and four
them, are hereby impowered and required to elect a presi-
directors.
dent and four directors for conducting the said undertak-
ing, and managing the said company's business for, and
during such time not exceeding three years, as the said
subscribers, or a majority of them, shall think fit. Each
Shares to en-
title the holders
member shall be allowed one vote for every share, by him
to an equal num-
or her held at the time in the said company, and any pro-
ber of votes.
A proxy may
prietor by a writing under his or her hand, executed in act.
presence of two witnesses, may depute any other member
or proprietor to vote and act as proxy for him or her, at
any general meeting.
An Act to incorporate a company for opening the Canal in the City of Feb. 16, 1809.
Washington.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
Commissioners,
&c., appoin ted
Robert Brent, Samuel N. Smallwood, Daniel Carroll of scriptions.
forrecelving sub-
Duddington, John Law, William Brent, Frederick May,
Digitized by
Google
4
CANALS AND STEAM RAILROADS.
Elias B. Caldwell, James D. Barry, Griffith Coombe, and
George Blagden, or any five of them be, and they are
hereby appointed commissioners to open, or cause to be
opened, a book for receiving and entering subscriptions
for raising a capital stock not exceeding one hundred thou-
sand dollars, in shares of one hundred dollars each, for the
purpose of opening the canal to communicate from the
Potomac river to the Eastern Branch thereof, through a
part of the city of Washington, and that one month's notice
be given in one of the newspapers printed in Washington,
Georgetown, and Alexandria, of the time and place of
opening the said subscription book, and that the same be
kept open until the sum of forty thousand dollars be sub-
scribed: Provided, that no subscription shall be received
unless the sum of ten dollars be paid into the hands of the
persons authorized to receive the same, on each share sub-
scribed for.
Stockholders
to have a meet-
SEC. 2. And be it further enacted, That as soon as the
ing
and appoint aforesaid sum of forty thousand dollars be subscribed, the
directors, &c.
said commissioners, or any five of them, shall call a meet-
ing of the stockholders at the city of Washington, by
advertisement in one of the newspapers printed in Wash-
ington, Georgetown, and Alexandria, appointing a fit and
convenient time and place of meeting; and the said stock-
holders shall proceed in person, or by proxy, to the elec-
tion, by ballot, of a president and six directors for con-
ducting the said undertaking, and managing the business
of the company, for and during the term of one year from
the time of their appointment.
Style
of the SEC. 3. And be it further enacted, That the said stock-
company.
holders and their successors, from the time of the said first
meeting, shall be, and they are hereby declared to be,
incorporated by the name of the "Washington Canal Com-
pany," and by that name may sue and be sued, implead
and be impleaded, answer and be answered, and may make
all necessary by-laws and regulations for the proper man-
Proviso.
agement of the business of the company: Provided, that
the same be not contrary to the laws of the United States,
or the laws in force in the district of Columbia.
Term of service
SEC. 4. And be it further enacted, That the said presi-
of the directors,
&c., &c.
dent and directors shall continue in office one year from
the time of their election, and the directors may fill any
vacancy which may happen in their own body during the
term for which they were elected, and in case of the death,
resignation or disqualification of the president, they may
elect a president to serve for the residue of the term; and
the said stockholders, in one year after the day on which
the election of president and directors shall be first made,
and on the same day in every year thereafter, (except the
same shall happen on Sunday, in that case on the day suc-
ceeding) shall elect by ballot from among the stockholders
one person as president, and six persons as directors; and
the president and directors, for the time being, shall give
public notice in one of the newspapers printed in Wash-
Digitized by Google
CANALS AND STEAM RAILROADS.
5
ington, Georgetown, and Alexandria, for a new election,
at least ten days previous to the expiration of the time for
which they were elected; and each stockholder shall be
allowed one vote for every share by him or her held at the
time in said company; and any stockholder, by a written
authority, under his or her hand, and executed in the pre-
sence of two witnesses, may depute any other stockholder
to vote and act as proxy for him or her at any general
meeting.
SEC. 5. And be it further enacted, That the said presi-
Powers of the
dent and directors SO elected, and their successors, shall
directors of the
Washington Ca-
be and they are hereby authorized and empowered to nal
Company.
agree with any person or persons, on behalf of said com-
pany, to cut the canal, as laid down on the plan of the city
of Washington, erect such locks, and perform such other
works as they shall judge necessary, for opening the canal
aforesaid, and the forks thereof; and out of the monies
arising from subscriptions, wharfage and tolls, to pay for
the same; and to repair and improve the said canal, locks,
and other works necessary thereto, and to defray all inci-
dental charges, and also to appoint a treasurer, clerk, and
such other officers, toll-gatherers, managers and servants,
as they shall judge requisite, and to settle their respective
wages.
SEC. 6. And be it further enacted, That the treasurer of
Treasurer of
the said company shall, before he acts as such, give bond
the company to
give bond, &c.
to the company in such penalty, and with such security as
the said president and directors shall direct, conditioned
for the faithful performance of the duties of his office.
SEC. 7. And be it further enacted, That the said presi-
Stockholders
dent and directors so elected, and their successors, shall
to pay up the re-
maining nine
have full power and authority to demand and receive of
tenths of their
shares, &c., &c.
the stockholders, in equal proportions, the remaining nine
tenths of the shares, from time to time, as they shall judge
necessary; and if any of the stockholders shall neglect or
refuse to pay their proportions, within one month after
the same shall have been ordered, the share or shares of
such defaulter shall be forfeited: Provided, that notice Proviso.
shall be given, by advertisement, in one of the newpapers
printed in Washington, Georgetown, and Alexandria, of
the time when the same shall be ordered to be paid.
SEC. 8. And be it further enacted, That the said com-
When tolls
shall be receiv-
pany shall not begin to collect wharfage or tolls, until the able.
canal is made navigable for boats and SCOWS drawing three
feet water to pass through the same, from the Potomac
river to the eastern branch thereof: And if at any time
the said canal shall become obstructed, so that boats and
SCOWS drawing three feet water cannot pass through the
same, from the Potomac river to the Eastern branch
thereof, it shall not be lawful for the said company to col-
lect any wharfage or tolls, until such obstruction shall
have been removed.
SEC. 9. And be it further enacted, That every president
President and
directors to be
and director, before he acts as such, shall take an oath or sworn.
Digitized by
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6
CANALS AND STEAM RAILROADS.
affirmation that he will well and faithfully discharge the
duties of his office; and any four of the directors, with the
president, shall constitute a quorum for transacting any
business of the company.
Shares to
be SEC. 10. And be it further enacted, That the shares in
personal prop-
erty-m
a
de 11- the said company shall be deemed personal and not real
able to execu-
tions, as such.
property, and transferable in such manner as the company
shall direct, and that the shares held by any individual
shall be liable to be attached or taken by fieri facias, to
satisfy the debts due from any such individual, in like
manner as other personal property may be.
Annual meet-
SEC. 11. And be it further enacted, That there shall be
ings to be held
of the stockhold-
a general meeting of the stockholders on the first Monday
ers.
in June, and the first Monday in December, in every year,
in the city of Washington, to which meeting the president
and directors shall make a report, and render distinct and
just accounts of all their proceedings; and on finding them
justly and fairly stated, the stockholders then present, or
Dividen ds to a majority of them, shall give a certificate thereof; and at
be made.
such half yearly general meetings, after leaving in the
hands of the treasurer such sum as shall be judged neces-
sary for repairs, improvements or contingent charges, an
equal dividend of all the nett profits arising from the wharf-
age and tolls hereby granted, shall be ordered, and made
to and among all the stockholders of the said company, in
Proviso.
proportion to their several shares: Provided, that if the
nett profits shall, in any year, exceed fifteen per centum
on the sum actually expended by the said company, in
opening the said canal, and completing the same, the fif-
teen per centum only of the nett profits shall be divided
among the stockholders, and the excess shall be paid to the
mayor and city council of the city of Washington, for the
use of the said city.
Tolls.
SEC. 12. And be it further enacted, That for and in con-
sideration of the expenses the said stockholders shall incur
in cutting the canal, erecting locks, and in maintaining and
keeping the same in repair, and in the enlargement and
improvement of the same, the said company is hereby
authorized to collect on all articles and materials landed on
each side of the canal, from on board any boat or scow, or
placed on either side of the said canal, for the purpose of
being taken therefrom by any boat or scow, according to
such rates as the president and directors may, from time
Proviso.
to time, by their by-laws, order and direct: Provided, that
the said rates shall, at no time hereafter, and in no partic-
ular, exceed the rates which are, or may be established by
the owners of wharves in the city of Washington. And
it shall and may be lawful for the said company to de-
mand and receive, at the most convenient place, for all
articles carried through the said canal, tolls not exceeding
the following rates, that is to say: for each unloaded boat
or SCOW twenty-five cents; for each barrel of flour two
cents; for each barrel of beef or pork two cents; for each
barrel of whiskey or brandy three cents; for each hogs-
Digitized by Google
CANALS AND STEAM RAILROADS.
7
head or pipe six cents; and upon all other articles, pack-
ages and commodities, one sixth part of the amount of
tolls allowed by law to be received by the Potomac Com-
pany, at the Great Falls of the river Potomac. And the
said company shall also have the exclusive right to estab-
lish a packet boat or boats upon the said canal for carry-
ing passengers, and no other packet boat or boats, but
such as are established or permitted by them, shall be
allowed to carry passengers through the same for hire.
SEC. 13. Provided always, and be it further enacted, That
Public property
free of toll.
all public property shall pass through the said canal free
of toll, and also, that in case the said canal and one of the
Limitation
of
the time when
forks thereof, shall not be completed within the term of
the canal shall
seven years from the passage of this act, in such manner
be finished.
as to admit boats and SCOWS drawing three feet water to
pass through the same, that the said canal shall revert to
the United States, and all right and authority hereby
granted to the said company shall cease and determine.
SEC. 14. And be it further enacted, That the said com-
Bridges may be
erected over the
pany shall, from time to time, whenever and wherever the canal.
mayor and city council shall order and direct, suffer bridges
to be erected across the canal, and shall suffer the same
when erected to be repaired: Provided, that every bridge Proviso.
so erected, shall be at least six feet above high water mark.
SEC. 15. And be it further enacted, That the president Annual
state-
ment of the re-
and directors of said company, after the said canal shall
ceipts and ex-
be opened and made passable for boats and SCOWS drawing
penditures to be
laid before Con-
three feet water, shall annually, in the month of January, gress.
lay before the Congress of the United States, a just and
true account of their receipts and expenditures, with a
statement of the clear profits thereof.
Approved, February 16, 1809.
THE CHESAPEAKE AND OHIO CANAL COM-
PANY.
AN ACT confirming the act of the legislature of Virginia entitled
March 3, 1825.
"An act incorporating the Chesapeake and Ohio Canal Com-
pany," and "An act of the state of Maryland, confirming the same."
Be it enacted by the Senate and House of Representatives
The act of the
legislature of
of the United States of America, in Congressassembled, That Virginia
incor-
the act of the legislature of the state of Virginia, entitled
porating the
Chesapeake and
"An act incorporating the Chesapeake and Ohio Canal
Ohio Canal Com-
pany, ratified,
Company," be and the same is hereby ratified and con-
&c. to a certain
extent.
firmed, so far as may be necessary for the purpose of en-
abling any company that may hereafter be formed by the
authority of said act of incorporation, to carry into effect
the provisions thereof, in the District of Columbia, within
the exclusive jurisdiction of the United States, and no
further.
Digitized by Google
8
CANALS AND STEAM RAILROADS.
Should the
state of Virginia
SEC. 2. And be it further enacted, That, should the
or
Maryland de- state of Virginia or Maryland desire, at any time, to avail
sire, at any time,
to
avail
itself of itself of the right secured to it, by the twenty-first section
the right secured
to it by the twen-
of the act aforesaid, to take and continue a canal, from
tv-first section of any point of the Chesapeake and Ohio canal, to any other
the act aforesaid,
the President is point within the territory of the District of Columbia, or
skilful commis-
to depute three through the same, on application to the President of the
sioners of the United States, by the executive of the state, the President
United
corps
of
States' engi- is authorized and empowered to depute three skilful com-
neers to examine
the route of said
missioners of the United States' corps of engineers, to
canal.
survey and examine 80 much of the route of such canal, as
may effect, in any manner, the navigation of the Chesa-
peake and Ohio canal. The said commissioners, or a
majority of them, shall ascertain, as far as practicable,
whether the canal proposed to be constructed by the state
aforesaid, will injure or impede the navigation of the
Chesapeake and Ohio canal, and report to the President
of the United States the facts and reasons on which they
may ground their judgment thereupon; which report shall
be submitted to the Congress of the United States, at their
session next ensuing the date thereof for their decision
thereon; and if Congress shall be of opinion that the said
canal may be cut in the manner proposed, as aforesaid,
without impending or injuring the navigation of the Ches-
apeake and Ohio canal, the same shall be conclusive
thereon.
Approved, March 3, 1825.
THE WASHINGTON CANAL COMPANY.
May 20, 1826.
AN ACT to extend the width of the Washington canal.
Washington
Be it enacted by the Senate and House of Representatives
Canal Company
authorized to in-
of the United States of America, in Congress assembled, That
crease the width
of the Washing-
the Washington Canal Company, be, and are hereby, au-
ton canal.
thorized to increase the width of the Washington Canal,
from Seventh street west, to its western extremity, by
removing its southern boundary to a distance not exceed-
ing one hundred and fifty feet from its northern boundary;
and also to form a basin on the canal between Sixth and
Seventh streets west, according to such plan as shall be
approved by the President of the United States.
Duty of the ca-
nal company.
SEC. 2. And be it further enacted, That it shall be the
duty of the said canal company, within five years from
and after the passing of this act, to cause the bed of the
said canal, through its whole length, to the eastern branch,
to be SO constructed as to contain water at least one foot
in depth at ordinary low tide.
Approved, May 20, 1826.
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CANALS AND STEAM RAILROADS.
9
THE CHESAPEAKE AND OHIO CANAL COM-
PANY.
AN ACT authorizing a subscription to the stock of the Chesapeake May 24, 1828.
and Ohio Canal Company.
Be it enacted by the Senate and House of Representatives
Secretary of the
of the United States of America, in Congress assembled, That Treasury
in
the
name of the
the Secretary of the Treasury be, and he is hereby, au-
United States, to
thorized and directed to subscribe, in the name and for the
subscribe for
10,000 shares of
use of the United States, for ten thousand shares of the the
capital stock
of the Chesa-
capital stock of the Chesapeake and Ohio Canal Company,
peake and Ohio
and to pay for the same, at such times, and in such pro-
Canal Company.
portions, as shall be required of and paid by the stock-
holders, generally, by the rules and regulations of the
company, out of the dividends which may accrue to the
United States upon their bank stock in the bank of the
United States: Provided, That not more than one fifth
Proviso.
part of the sum, so subscribed for the use of the United
States, shall be demanded, in any one year, after the or-
ganization of the said company; nor shall any greater sum
be paid on the shares SO subscribed for, than shall be pro-
portioned to assessments made on individual or corporate
stockholders: And provided, moreover, That, for the sup-
Proviso.
ply of water to such other canals as the state of Maryland,
or Virginia, or the Congress of the United States, may
authorize to be constructed, in connection with the Chesa-
peake and Ohio Canal, the section of the said canal lead-
ing from the head of the Little Falls of the Potomac river,
to the proposed basin, next above Georgetown, in the
District of Columbia, shall have the elevation, above the
tide of the river at the head of the said falls, and shall
preserve, throughout the whole section aforesaid, a breadth,
at the surface of the water, of not less than sixty feet, and
a depth, below the same, of not less than five feet, with a
suitable breadth at bottom.
SEC. 2. And be it further enacted, That the said Secre-
Secretary of the
tary of the Treasury shall vote for the president and di-
Treasury to vote
for president,
rectors of the said company, according to such number of &c.,
of said com-
pany, according
shares as the United States may at any time hold in the to the
number of
stock, thereof, and shall receive, upon the said stock, the sharespurchased for the
United
proportion of the tolls which shall, from time to time, be States.
due to the United States for the shares aforesaid; and
shall have and enjoy, in behalf of the United States, every
other right of a stockholder in the said company.
Approved, May 24, 1828.
AN ACT giving the assent of the United States to an act of the general
July 14, 1832.
assembly of Maryland, passed at their December session, in one
thousand eight hundred and thirty-one, entitled "An act further
to amend the act incorporating the Chesapeake and Ohio Canal
Company."
Be it enacted by the Senate and House of Representatives
Act of May 23,
of the United States of America, in Congress assembled, That
1828, ch. 85.
Assent of the
the assent of the United States be, and the same is hereby,
United States
given to act of
given to an act of the General Assembly of Maryland, Google Maryland.
Digitized by
10
CANALS AND STEAM RAILROADS.
entitled "An act further to amend the act incorporating
the Chesapeake and Ohio Canal Company," which passed
the general assembly of Maryland at December session,
Proviso.
one thousand eight hundred and thirty-one: Provided,
that nothing therein contained shall be construed to im-
pair any right possessed by the said company anterior to
the passage of said act, nor to authorize any individual to
obstruct the free access of all persons to the said canal
along the berm bank, or other lands condemned for the
construction and use thereof, nor to prevent the engineers,
superintendents, or officers of the said company, from
passing up and down the said canal without obstruction
along the grounds condemned therefor, in order to in-
spect the condition of the said canal, or to make, at any
time, suitable repairs thereof.
Approved, July 14, 1832.
THE WASHINGTON CANAL COMPANY.
March 2, 1833. AN ACT in addition to, and in alteration of, an act entitled "An act
vesting in the corporation of the city of Washington all the rights
of the Washington Canal Company," and for other purposes.
Secretary of
the Treasury to
Be it enacted by the Senate and House of Representatives
pay $150,000 to
of the United States of America, in Congress assembled, That
city of Washing-
ton.
the Secretary of the Treasury is hereby authorized to pay,
out of any moneys in the treasury not otherwise appro-
priated, unto the mayor, aldermen, and common council
of the city of Washington, the sum of one hundred and
fifty thousand dollars, to aid them in fulfilling the objects
Act
of
1832, ch. 113.
May 31, and requirements of an act entitled "An act vesting in the
corporation of the city of Washington all the rights of the
Washington Canal Company, and for other purposes; ap-
proved May thirty-first, one thousand eight hundred and
Proviso.
thirty-two: Provided, That the said mayor, aldermen, and
common council, relinquish all title to the land vested in
them by the eighth section of the act above named, and,
also, relinquish all rights and privileges granted by the
eighth, tenth, eleventh, twelfth, thirteenth, and fourteenth
Proviso.
sections of said act: And provided, also, That the sum
herein granted shall be applied to pay and extinguish any
debt which has been, or may be contracted in the purchase
either of the Washington City Canal, or in the completion
of the same, and shall not be applicable to any other object
or purpose until said debts be extinguished.
Public walks
to be enclosed
SEC. 2. And be it further enacted, That the commis-
and improved.
sioner of the public buildings is hereby authorized to cause
all the open grounds belonging to the United States which,
in the original plan of the city, were reserved for public
walks, lying between the Maryland and Pennsylvania
Avenues, to be enclosed with a wooden fence, and to lay
down the same, according to such plan for the improve-
ment thereof as the President of the United States may
approve, in grass, and intersect it by suitable paths and
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CANALS AND STEAM RAILROADS.
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roads for intercourse and recreation: Provided, That there Proviso.
shall not be more than three streets or roads across the
same to connect the streets on the north and south sides
of said public grounds.
SEC. 3. And be it further onacted, That there be paid
Appropriation.
out of any unappropriated money in the treasury, for the
purposes of the second section of this act, the sum of five
thousand dollars.
Approved, March 2, 1833.
CHESAPEAKE AND OHIO CANAL COMPANY.
AN ACT for the relief of the several corporate cities of the District of May 20, 1836.
Columbia.
Be it enacted by the Senate and House of Representatives
Debt contract-
ed in Holland
of the United States of America in Congress assembled, That
assumed by the
the Secretary of the Treasury be, and he is hereby, author-
United States.
ized and directed to assume, on behalf of the United States,
and discharge, to the holders of the evidences of debt con-
tracted and entered into between the cities of Washington,
Alexandria, and Georgetown, and certain individuals in
Holland, negotiated by Richard Rush, Esquire, on behalf
of said corporate bodies, the entire obligation of paying
said debts, with the accruing interest thereon, together
with the interest now due and remaining unpaid, accord-
ing to the terms of said contract.
SEC. 2. And be it further enacted, That before the said
Corporations
to deposite the
Secretary of the Treasury, shall execute the duties pre-
stock with the
Treasurer of the
scribed by the first section of this act, the said corporate United
States,
authorities of said cities shall deposite in the hands of the &c.
said Secretary of the Treasury, the stock in the Chesapeake
and Ohio Canal Company, held by them respectively; and
the said Secretary of the Treasury may, at such time within
ten years, as may be most favorable for the sale of said
stock, dispose thereof at public sale, and reimburse to the
United States such sums as may have been paid under the
provisions of this act; and if any surplus remain after said
reimbursement, he shall pay over said surplus to said
cities, in proportion to the amount of stock now held by
them respectively.
Approved, May 20, 1836.
AN ACT further to amend the act incorporating the Chesapeake and March 3. 1837.
Ohio Canal Company. (a)
Be it enacted by the Senate and House of Representatives
Act of May 28,
1828, ch. 85.
of the United States of America in Congress assembled, That
Act of General
the act of the General Assembly of Virginia, entitled "An
Assembly of Va.,
passed 27th Feb.,
act further to amend the act incorporating the Chesapeake
1829, assented to.
a See Appendix No. 2. Statutes at Large, 24th to 28th Congress, for act of the Gen-
eral Assembly of Virginia amending the act to incorporate the Chesapeake and
Ohio Canal Company.
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CANALS AND STEAM RAILROADS.
and Ohio Canal Company," passed the twenty-seventh day
of February, eighteen hundred and twenty-nine, be, and
the same is hereby assented to and approved.
Persons within
SEC. 2. And be it further enacted, That if any person or
the D. C., wick-
edly,
&c.,
injur- persons shall, within the District of Columbia, wickedly,
ing the Chesa-
peake and Ohio
or maliciously, do injury to the Chesapeake and Ohio
canal,
its
em- canal, its embankments, walls, moles, tow-paths, bridges,
bankments, &c.,
liable to fine,
&c. culverts, drains, or to any part necessary to the uses and
purposes of said canal, he, she, or they, shall be liable to
a fine of not less than five or more than fifty dollars, to be
recovered before any justice of the peace of the District
of Columbia; and any such justice may, on his own view,
or on application verified by affidavit, to said justice made,
issue his warrant, describing the injury committed, and,
upon conviction, the said justice shall have authority to
commit the offender to close jail, without bail or mainprise,
until said fine and costs be paid, or until said defendant
Proviso.
be discharged by due course of law: Provided, however,
That nothing in this act contained shall be so construed as
to prevent said canal company from recovering damages
from any person or persons who may commit any of the
trespasses aforesaid.
Condemna-
SEC. 3. And be it further enacted, That all condemna-
tions of land by
the
marshal of tions of land for the use and purposes of said canal company,
D.C., &c.
which have heretofore been made by the marshal of said
District, or any lawful deputy marshal, shall be as valid
as though the same had been situated in the State of Mary-
land, and had been condemned in pursuance of the laws of
said State, through the action and agency of a sheriff of
any of the counties of said State.
Approved, March 3, 1837.
WASHINGTON CANAL COMPANY.
[Extract from sundry civil appropriation bill for year ending June 30,
1850.]
Mar. 3, 1849
For clearing out and deepening that portion of the Wash-
ington city canal which passes through and along the pub-
lic grounds, twenty thousand dollars, to be expended under
the direction of the Secretary of the Treasury: Provided,
The corporation of Washington shall expend a like sum in
cleaning out and deepening the other portions of said
canal: And provided, also, That all transportation on said
canal for the use of the government of the United States
shall be free of toll.
Approved, March 3, 1849.
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CHESAPEAKE AND OHIO CANAL COMPANY.
AN ACT giving the assent of the United States to an act of the gen-
eral assembly of Maryland, passed at the December session, eighteen
hundred and forty-four, chapter two hundred and eighty-seven.
Be it enacted by the Senate and House of Representatives
Sept. 20, 1850.
of the United States of America in Congress assembled,
That the assent of the United States be, and the same is
hereby, given to the act of the General Assembly of
Maryland, passed at its December session, eighteen hun-
dred and forty-four, chapter two hundred and eighty-
seven, entitled "An Act supplementary to an Act entitled
'An Act to amend the act incorporating the Chesapeake
and Ohio Canal Company,' passed at December session,
eighteen hundred and thirty-one, chapter two hundred
and ninety seven," and to each and every provision thereof;
and that the same be, and are hereby, extended to so much
of the said canal as lies within the District of Columbia,
in as full and effectual a manner as if the several provi-
sions aforesaid were hereby formally enacted.
Approved, September 20, 1850.
WASHINGTON CANAL COMPANY.
[Extract from the sundry civil appropriation bill for the year ending
June 30, 1852.]
For completing, cleaning out, and repairing that por-
Mar. 3, 1851.
tion of the Washington City Canal which passes through
and along the public grounds, twenty thousand dollars, to
be expended under the direction of the Secretary of the
Treasury: Provided, The corporation of Washington shall.
expend a like sum in cleaning out and repairing the other
portions of said canal.
Approved, March 3, 1851.
CHESAPEAKE BAY AND POTOMAC RIVER TIDE-
WATER CANAL COMPANY.
An Act to authorize "The Chesapeake Bay and Potomac River Tide- July 26, 1866.
water Canal Company" to enter the District of Columbia, and
extend their Canal to the Anacostia River at any Point above Ben-
ning's Bridge.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That The Chesa-
The Chesapeake Bay and Potomac River Tide-water
peake Bay, &c.
Canal Company
Canal Company," incorporated by the general assembly of may extend its
canal to Anacos-
the State of Maryland, at the January session thereof, tia
River;
eighteen hundred and sixty-six, by an act entitled "An
act to incorporate the Chesapeake Bay and Potomac River
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CANALS AND STEAM RAILROADS.
Tide-water Canal Company," be, and the same are hereby,
authorized to extend their canal from the point where it
strikes the boundary line of the District of Columbia,
thence in and through the said District to the Anacostia
River at any point thereon above Benning's bridge.
may take and
SEC. 2. And be it further enacted, That the said com-
hold property
necessary
for pany are hereby authorized and empowered to take, pur-
proper construc-
tion of exten-
chase, and hold, for the purpose[s] of this act, SO much
sion, &c.
real estate and other property as shall be necessarily
required for the proper construction of the extension
aforesaid, and for the construction of all proper and con-
venient basins, locks, reservoirs, docks, and wharves, to
Proceedings be connected with said extension. And where the said
where land can
not
be
pur company shall not be able to procure such real estate by
chased, or the
owner is under
purchase from the owner thereof, or the owner thereof
disability.
shall be a femme covert, infant, non compos mentis, im-
prisoned, or resident beyond the District of Columbia, then
application may be made by the president of said company
to the chief justice of the supreme court of the District of
Columbia, for the appointment of three persons, who shall
Commission be freeholders in said District, as a commission of inquest
of inquest
of
damages.
of damages, and who shall go upon and inspect any prop-
erty proposed to be taken by said company for the pur-
poses contemplated by this act; and before any person so
appointed as such commissioner shall proceed to act, he
shall take an oath or affirmation that he will fairly and
truly value the damages sustained by the owner or own-
ers of any property by the use and occupation of any such
real estate, water rights, or other property, by said com-
Report to be pany; and said commission shall reduce their inquisition
made.
or finding to writing, and sign and seal the same, and it
shall then be returned to the said chief justice, who shall
file the same in the office of the register of deeds of the
city of Washington. But no such inquisition shall be had
Notice.
until after ten days' notice thereof has been served on the
owner of the real estate SO to be taken, when he resides in
the District of Columbia, or by publication of notice in
one or more of the daily newspapers published in the city
of Washington, for twenty days where such owner resides
beyond said District. When the owner is a femme covert,
the notice shall be to her and her husband; when he is a
minor, to his guardian; and when he is non compos men-
tis, to his committee, or the person having charge of his
Report to be estate. The said report shall be confirmed by the supreme
confirmed.
court of the District of Columbia at its next term after
the return of said report, unless for cause shown to the
be set aside.
Inquest may contrary. And where good cause is thus shown, the said
chief justice shall set aside said inquest, and appoint
another similar commission, who shall qualify in the same
manner, and whose inquisition shall be taken, returned,
filed, and confirmed, or set aside for good cause shown, in
the same manner as the first inquisition was taken, re-
New
commis- turned, filed, and confirmed, or set aside. And such com-
sion and inquisi-
tion from time to
mission and inquisition shall be renewed as often as may
time.
be necessary, until the inquisition made shall be confirmed.
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CANALS AND STEAM RAILROADS.
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Such inquisition shall describe the property taken by metes
Property taken
to be described.
and bounds, and the valuation thereof shall be paid or and
valuation
tendered within ten days after the confirmation of such paid.
inquisition by said district court; and when such valuation
or damages are so paid or tendered, said company shall
have a full and perfect right to enterupon, use, occupy, Company
to
and enjoy any property so valued during its corporate inquisition.
pay expenses of
existence, and all expenses incurred by such inquisition
shall be paid by said company.
SEC. 3. And be it further enacted, That it shall be law- rents. Tolls and
ful for said company to levy, demand, and receive such
even tolls and rents for the use of the wharves and docks
of said company on said extension, or for freight trans-
ported by said company, or for the passage through said
extension of boats, rafts, or any other water craft, as a
majority of the directors at any regular meeting shall
assess therefor: Provided, That the Congress of the United
States shall at all times have power to increase or reduce
such tolls or rents.
SEC. 4. And be it further enacted, That the said canal Canal exten-
extension, when completed, shall forever thereafter be lic highway.
sion to be a pub-
esteemed and taken to be a public highway for the trans-
portation of all goods, commodities, or produce of every
kind and description, and for all canal boats, rafts, or
other water crafts of every kind whatever, upon the pay-
ment of such tolls or rents as are authorized to be imposed
by this act.
SEC. 5. And be it further enacted, That the said com- Public prop-
pany shall permit all public property belonging to the United States to
erty of the
United States to pass through said canal extension free of go through free
of tolls.
all charge or toll; and the said company shall, from time Company
when
to time, as may be required, lay before Congress a just
required to give
Congress an ac-
and true account of their receipts and expenditures on said and
count of receipts
expendi-
extension, with a statement of the clear profits thereof.
tures, &c.
SEC. 6. And be it further enacted, That, subject to the
Provisions of
charter to apply
aforesaid provisions of this act, all and singular the pro-
to
extension,
visions of the aforesaid act of the general assembly of the
subject, &c.
State of Maryland, entitled "An act to incorporate the
Chesapeake Bay and Potomac River Tide-water Canal
Company," relating to the powers, liabilities, and author-
ity of said company, in operating and using their canal,
shall take effect and apply to the extension aforesaid in
the District of Columbia.
SEC. 7. And be it further enacted, That this act shall be Act to be a
deemed a public act, and shall take effect and be in force when to take ef-
public act, and
from and after its passage, and shall be subject to altera- fect.
tion or repeal by Congress.
Approved, July 26, 1866.
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CANALS AND STEAM RAILROADS.
WASHINGTON CANAL COMPANY.
[Extract from sundry civil appropriation bill for year ending June 30,
1871.]
July 15, 1870.
SEC. 5. And be it further enacted, That the mayor of the
fordredging, &c.,
Commission city of Washington, the Secretary of the Interior, the com-
the Washington missioner of public buildings and grounds, the architect of
City canal.
Vol. xvii, p. 10. the Capitol extension, and their successors in office, to-
gether with two men to be appointed by the mayor of the
city of Washington, by and with the advice and consent of
the board of aldermen of said city, are hereby appointed a
commission who shall cause the Washington City canal,
either in whole or in part, to be dredged, or, if deemed
best, dredged and narrowed, or arched and converted into
a sewer; and for the purpose of making this improvement,
the corporate authorities of the city of Washington are
Tax
of
may be levied.
$100,000 hereby authorized and directed to levy and collect a tax of
&c.,
by
Washing- one hundred thousand dollars upon all taxable property in
ton therefor.
said city, for defraying part of the expenses thereof, and
the sum of fifty thousand dollars is hereby appropriated
Appropriation.
out of any money in the treasury not otherwise appropri-
ated, for the purpose of defraying in part the expenses of
the same; and out of any moneys arising from the sale of
any real estate, should any take place belonging to said
Government
how to be in-
canal, the government shall first be indemnified for any
demnified.
moneys hereby appropriated; the improvements aforesaid
to be paid for at the rate of one third by the government
Expenses
of
improve m ents
and two thirds by the city as the work progresses, and
how
to be borne. the total expenditure not to exceed the amount herein
provided for.
Approved July 15, 1870.
[Extract from the general deficiency appropriation bill for the year
ending June 30, 1871, and for additional appropriations for the year
ending June 30, 1872.]
Apr. 20, 1871.
SEC. 17. That from and after the passage of this act all
powers conferred upon certain persons as commissioners
by the act approved June twenty-first, eighteen hundred
and seventy, for the improvement of M street northwest,
and by the act approved July fifteenth, eighteen hundred
and seventy, for the improvement of the ashington City
Canal, shall be transferred to the board of public works of
the District of Columbia; and the persons acting as com-
missioners under said acts are hereby directed to transfer
to said board of public works, all books, papers, and other
property in their possession pertaining to the works under
their charge; and private property shall be assessed for
the improvement of M street, and Seventh street south-
west, from B street to the river, heretofore authorized by
law, as provided in the act of February twenty-first, eight-
een hundred and seventy-one. And in case said board
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CANALS AND STEAM RAILROADS.
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shall, under said act of July fifteenth, eighteen hundred
and seventy, decide to open said canal, they are hereby
empowered to open both its branches, so as to connect with
the government canal at the arsenal: Provided, That the
cost of said work shall not exceed the amount already fixed
by law for that purpose.
Approved, April 20, 1871.
[Extract from the sundry civil appropriation bill for the year ending
June 30, 1873.]
To pay the board of public works of the District of June
10, 1872.
Columbia the proportion of the cost properly payable by
the United States government for the filling of the canal
from Seventh street west to Seventeenth street west, and of
the cost of the intersecting sewer along the canal adjoining
the property of the United States government, said work
being under the direction of the board of public works,
sixty-eight thousand three hundred and sixty-five dollars,
or so much thereof as may be necessary: Provided, That
all payments made under this and the preceding appropria-
tion shall be made only upon vouchers approved by the
officer in charge of public buildings and grounds of the
District; and no portion of the money herewith appropri-
ated shall be used by the board of public works for any
other purpose whatever than the purpose that is named in
the said last two paragraphs. And the land made by the
filling up of the said canal is hereby declared to be the
property of the United States. And the said appropria-
tions shall not be construed to create or imply any obliga-
tion on the part of the United States, in any respect what-
ever in future.
Approved, June 10, 1872.
[Extract from the sundry civil appropriation bill for the year ending
June 30, 1875.]
For improving the grounds of the old canal, ten thou- June 23, 1874.
sand dollars.
Approved; June 23, 1874.
CHESAPEAKE AND OHIO CANAL COMPANY.
[Extract from an act entitled "An act to increase the water supply
of the city of Washington, and for other purposes." Approved July
15, 1882.]
To protect the Chesapeake and Ohio Canal from increased
July 15, 1882.
flooding by reason of completing the dam at Great Falls,
twelve thousand three hundred dollars.
Approved, July 15, 1882.
S. Doc. 220-2
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NATIONAL AND LOCAL LEGISLATION RELATING
TC STEAM RAILWAYS IN THE DISTRICT OF
COLUMBIA.
19
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BALTIMORE AND OHIO RAILROAD COMPANY.
CONGRESSIONAL LEGISLATION.
An Act to authorize a railroad within the District of Columbia.
May 9, 1828.
Be it enacted by the Senate and House of Representatives
Assent of Con-
gress given to
of the United States of America, in Congress assembled, the constructing
a railroad.
That the assent of Congress to the constructing a railroad
by a company incorporated by the legislature of Maryland,
from Baltimore to the city of Washington, be and the same
is hereby given to the extent that Congress has jurisdic-
tion of the soil over which it may pass; conceding to said
company to exact such tolls, and to enjoy such benefits and
privileges, as the act of incorporation of the state of Mary-
land gives to said corporation within the limits of the state
of Maryland: Provided, In the location of the road it shall Proviso.
not be lawful for said company to pass through any of the
reserved squares or open spaces of the city without the
consent of Congress.
Approved, May 9, 1828.
RESOLUTION instructing the committee appointed to attend to the interests of the
corporation before Congress to present a memorial to Congress on the subject of
the bill pending in the House of Representatives in relation to the lateral branch
of the Baltimore and Ohio Railroad.
Resolved by the board of aldermen and board of common council of
the city of Washington, That the committee appointed to represent the
interests of this corporation before Congress be instructed to present,
without delay, a memorial to Congress, praying that the bill now pend-
ing in the House of Representatives entitled "An act to authorize the
extension, construction, and use of a lateral branch of the Baltimore
and Ohio Railroad into and within the District of Columbia," may be
so amended that the lateral railroad, proposed to be made from the
Baltimore and Ohio Railroad to the District of Columbia, shall termi-
nate within the City of Washington at such point as shall be agreed
on between the Baltimore and Ohio Railroad Company and the corpo-
ration of the City of Washington.
Approved January 8, 1831; Twenty-eighth Council, chap. 149, p. 59.
RESOLUTION relative to the termination of the Baltimore and Ohio Railroad within
the city of Washington.
Resolved by the board of aldermen and board of common council of
the city of Washington, That the committee appointed to attend to the
interests of the corporation before Congress be instructed to represent
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CANALS AND STEAM RAILROADS.
to Congress that the assent of the corporate authorities of the said city
to the location and construction of the proposed railroad from Balti-
more to Washington, within the limits of the said city, will be given
only upon the conditions following, viz:
(1) That the said railroad shall enter the city of Washington at such
place, pass along such street or alley (preserving the graduation thereof
now established), and shall terminate at such point within the said city
east of the west side of Seventh street west as shall be agreed upon by
the railroad company and the corporation of Washington City.
(2) That the said corporation shall have the right to direct the rate
at which the rail-cars shall move after they enter the said city, and
establish such other regulations in relation thereto as shall be found
expedient and proper for the convenience of said city and the safety
of its citizens.
(3) That this assent shall extend to and be in force for twenty-five
years, and until Congress shall otherwise direct.
Approved February 22, 1831; Twenty-eighth Council, chap. 152,
p. 60.
March 2, 1831. An Act to authorize the extension, construction, and use of a lateral
branch of the Baltimore and Ohio railroad, into and within the Dis-
trict of Columbia.
WHEREAS it is represented to this present Congress that
the Baltimore and Ohio Railroad Company, incorporated
by an act of the General Assembly of Maryland, entitled
"An act to incorporate the Baltimore and Ohio Railroad
Company," passed the twenty-eighth day of February,
eighteen hundred and twenty-seven, are desirous, under
the powers which they claim to be vested in them by the
provisions of the before-recited act, to construct a lateral
branch from the said Baltimore and Ohio railroad to the
District of Columbia. Therefore,
Authority
for
lateral road.
Be it enacted by the Senate and House of Representatives
of the United States of America, in Congress assembled,
That the Baltimore and Ohio Railroad Company, incor-
porated by the said act of the General Assembly of Mary-
land, shall be, and they are hereby, authorized to extend
into and within the District of Columbia a lateral railroad,
such as the said company shall construct, or cause to be
constructed, in a direction towards the said district, in con-
nection with the railroad which they have located, and are
&c. Powers, rights, constructing, from the city of Baltimore to the Ohio river,
in pursuance of their said act of incorporation: And the
said Baltimore and Ohio Railroad Company are hereby
authorized to exercise the same powers, rights, and priv-
ileges, and shall be subject to the same restrictions, in the
extension and construction of the said lateral railroad into
and within the said district, as they may exercise, or are
subject to, under and by virtue of their said charter or act
of incorporation, in the extension and construction of any
railroad within the State of Maryland, and shall be entitled
to the same rights, compensation, benefits, and immunities
in the use of the said road, and in regard thereto, as are
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CANALS AND STEAM RAILROADS.
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provided in their said charter, except the right to construct
any lateral road or roads within the said district from the
Restriction.
said lateral branch or road hereby authorized, it being
expressly understood that the said Baltimore and Ohio
Railroad Company shall have power only to construct from
the said Baltimore and Ohio railroad one lateral road
within the said district, to some point or terminus within
the city and county of Washington, to be determined in
the manner hereinafter mentioned: Provided, always, and
Proviso: pro-
ceedings for ap-
be it enacted, That before the Baltimore and Ohio Railroad propriation
of
Company aforesaid shall proceed to construct any railroad
lands, &c.
which they may lay out or locate, on, through, or over any
land or improvements, or to use, take for use any earth,
stone, or other materials, on any land within the said dis-
trict, they shall first obtain the assent of the owner of such
land, improvements or materials, or, if such owner shall
be absent from said district, or shall refuse to give such
assent on such terms as the said company shall approve,
or, because of infancy, coverture, insanity, or any other
cause, shall be legally incapable of giving such assent, then
it shall be lawful for the said company to apply to a justice
of the peace of the county of Washington, who shall there-
upon issue his warrant, under his hand and seal, directed
to the marshal of the said district, requiring him to sum-
mon a jury of twenty inhabitants of the said district, none
of whom shall be interested, or related to any person inter-
ested in the land or materials required for the construction
of the said railroad, or a stockholder, or related to any
stockholder, in the said company, to meet on the land, or
near to the other property or materials SO required, on a
day named in such warrant, not less than three nor more
than fifteen days after issuing the same, to proceed to
value the damages which the owner or owners of any such
land or other property will sustain by the use or occupa-
tion of the same, required by the said company; and the
proceedings, duty, and authority of the said marshal, in
regard to such warrant and jury, and the oath or affirma-
tion to be administered, and inquisition to be made and
returned, shall be the same as are directed and authorized
in regard to the sheriff, by the fifteenth section of the said
act of the General Assembly of the state of Maryland,
incorporating the said Baltimore and Ohio Railroad Com-
pany; and all the other proceedings in regard to such
jury, and the estimating and valuation of damages, and
the payment or tender of payment of any damages ascer-
tained by such valuation and effect thereof, and of the
view of any lands, or other property, or materials, as to
giving the said company a right to use the saine for the
use or construction of any railroad within the said district,
as hereby authorized, shall in every case, and in every
respect, be the same as is provided in and by the above-
mentioned act of incorporation in regard to the railroads
thereby authorized to be constructed by the said company:
Provided, also, and be it enacted, That whenever the said
Proviso: other
roads not to be
company, in the construction of a railroad into or within obstructed.
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CANALS AND STEAM RAILROADS.
the said district, as authorized by this act, shall find it
necessary to cross or intersect any established road, street,
or other way, it shall be the duty of the said company 80
to construct the said railroad across such established road,
street, or other way, as not to impede the passage or trans-
Wagon
ways to portation of persons or property along the same; and, where
be provided.
it shall be necessary to pass the said railroad through the
land of any individual within the said district, it shall also
be the duty of the said company to provide for such indi-
vidual, proper wagon ways across the said railroad, from
City lots, &c.
one part of his land to the other; but nothing herein con-
tained shall be so construed as to authorize the entry by
the said company upon any lot or square, or upon any
part of any lot or square, owned by the United States, or
by any other body or bodies politic or corporate, or by
any individual or individuals, within the limits of the city
of Washington, for the purposes aforesaid, of locating or
constructing the said road, or of excavating the same, or
for the purpose of taking therefrom any material, or for
any other purpose or uses whatsoever; but the said com-
pany, in passing into the district aforesaid, and construct-
ing the said road within the same, shall enter the city of
Washington at such place, and shall pass along such pub-
lic street or alley, to such point or terminus within the
said city, as the said company shall find best calculated to
Proviso: level. promote the objects of said road: Provided, That the level
of said road within the said city shall conform to the pres-
ent graduation of the streets, unless the said corporation
Proviso: limit. shall agree to a different level: And provided also, That
the said company shall not be permitted to take or termi-
nate the said road west of the west side of seventh street
Proviso
Ca- west: And provided also, That the said road shall not
nals protected.
cross, or interfere with, or infringe on the existing Wash-
ington City Canal or the Chesapeake and Ohio Canal, their
waters or basins, or any other canal which may hereafter
be projected and executed 10 connect the said Chesapeake
and Ohio Canal with the aforesaid Washington City Canal
in its whole extent to the eastern branch of the Potomac:
Proviso:
Rate
of tolls, &c.
Provided also, The rate actually charged and received on
all that part of said road within the district shall not
exceed three cents a ton per mile for toil and three cents
a ton per mile for transportation, except as hereinafter
Proviso.
specified, and shall be the same each way: Provided also,
That the privileges granted by this bill to the aforesaid
railroad company shall be upon the condition that the said
company shall charge the same rate of toll upon the same
articles going east and west between Baltimore and Wash-
ington.
Contracts
for
SEC. 2. And be it further enacted, That in addition to
use of cars.
the charges authorized by said act of incorporation to be
made by the Baltimore and Ohio Railroad Company afore-
said, the said company shall be authorized, within the said
district, to make any special contract with any corporation,
company or individual, for the exclusive use of any car,
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or of any part of, or place in, any car, or other carriage,
on any railroad constructed by the said company, for a
specified time or distance, or both, or for the receipt and
delivery, or the transportation of merchandise or other
valuable articles, in boxes, parcels, or packages weighing
less than one-tenth of a ton, on such terms as may be
mutually agreed on between the parties: Provided, That
Proviso
the
charges to
be
the charge for the transportation of merchandise or other restricted.
valuable articles shall not exceed one cent per mile for
any single box, parcel, or package weighing less than fifty
pounds, and measuring in size not more than two cubic
feet; and for any heavier or larger box, parcel, or pack-
age, weighing less than one-tenth of a ton, not more than
two cents per mile. And the said company, in all cases
where the whole of the merchandise, produce, or other
property, transported on their railroad within the said
district, at any one time, belonging to the same person,
copartnership, or corporation, shall weigh less than a ton,
and more than half a ton, shall be entitled to charge and
receive, for the transportation thereof, at the same rate
per mile as if it weighed a full ton; and if the same shall
weigh less than half a ton, the charge per mile may be the
same as for half a ton; always estimating a ton weight to
be two thousand pounds.
SEC. 3. And be it further enacted, That the said company
Conveyance of
mail, &c.
are, also, hereby empowered to make such special contract
with any duly authorized officer or agent of the United
States, for the conveyance of the mail, or the transporta-
tion of persons or property for the use of the United
States, on any railroad which has been or shall be con-
structed by the said Baltimore and Ohio Railroad Com-
pany, on such terms as shall be approved of by the com-
petent officer or authority; and in all such instances, to
receive the compensation so agreed for, according to the
terms of each contract.
SEC. 4. And be it further enacted, That the said railroad
Passengers.
company may charge and receive, for taking up and setting
down any passenger or traveller within the district, con-
veyed a shorter distance than four miles, a sum not ex-
ceeding twelve and a half cents.
SEC. 5. And be it further enacted, That unless the said
Condition.
company shall commence the said lateral railroad within
one year, and complete the same with, at least, one set of
tracks, within four years from the passage of this act, then
this act, and all the rights and privileges thereby granted,
shall cease and determine.
SEC. 6. And be it further enacted, That nothing herein
Saving of right
to authorize
contained shall be so construed as to prevent the Congress other roads, &c.
of the United States from granting the same or similar
privileges to those hereby granted to any other company
or companies, incorporated or to be incorporated by the
state of Maryland or Virginia, or by Congress, or from
authorizing, by any future law, such additional railroads
or roads, in connection with said road, so as to extend the
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CANALS AND STEAM RAILROADS.
same road, or to construct others connected therewith, to
such parts of the district as from time to time may be
required by the convenience of those parts of the district
into which the said company are now restrained from car-
rying said road, or from enacting such rules and regula-
tions, prescribing the speed of cars or carriages passing
over said road, and other matters relating thereto, neces-
sary for the security of the persons and property of the
inhabitants of the district, in such manner as to the pres-
Proviso.
ent or any future Congress shall seem expedient: And
provided, nevertheless, That nothing herein contained shall
be construed to give any rights or privileges to the said
company, beyond the limits of the District of Columbia.
Same rights,
&c. to state of
SEC. 7. And be it further enacted, That if the state of
Maryland.
Maryland shall determine to construct a railway between
the city of Baltimore and the District of Columbia, or
shall incorporate a company for the same purpose, then
similar rights, privileges, immunities, and powers, con-
ferred by this act on the Baltimore and Ohio Railroad, be,
and the same are hereby, conferred on the state of Mary-
land, or any company which may be incorporated by it
for the same purpose, within one year after the passage
of this act.
Approved, March 2, 1831.
Feb. 26, 1834. AN ACT to further continue in force "An act to authorize the exten-
sion, construction, and use of a lateral branch of the Baltimore and
Ohio Railroad into and within the District of Columbia."
Act of March
Be it enacted by the Senate and House of Representatives
2, 1831, ch. 85.
of the United States of America, in Congress assembled,
Period of con-
That the period limited and allowed to the Baltimore and
struction ex-
tended.
Ohio Railroad Company, within which they are required
by the fifth section of the act entitled "An act to authorize
the extension, construction, and use of a lateral branch of
the Baltimore and Ohio Railroad, into and within the Dis-
trict of Columbia," approved second March, one thousand
eight hundred and thirty-one, to commence the road, and
complete one set of tracks, be, and the same is hereby
extended, and the said act shall remain in force, and all
the rights and privileges thereby granted shall be vested
Proviso.
in said company: Provided, They shall commence the said
lateral road within one year, and complete the same, with
one set of tracks, within four years from the passage of
this act.
Approved, February 26, 1834.
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RESOLUTION in relation to the lateral branch of the Baltimore and Ohio Railroad
within the limits of the city of Washington.
Resolved by the board of aldermen and board of common council of
the city of Washington, That the assent of this corporation be, and it
is hereby, given to the passage of a bill, now under consideration in
the Committee on the District of Columbia of the House of Represent-
atives of the United States, entitled "A supplement to an act entitled
'An act to authorize the extension, construction, and use of a lateral
branch of the Baltimore and Ohio Railroad, into and within the Dis-
trict of Columbia:" Provided, That the following amendment (or an
amendment or amendments equivalent thereto), be made therein:
To the end of the second section of said bill add: "Provided, how-
ever, That the main stem of said road, after passing through said
squares or any of them, shall be made and constructed through any
street or streets which may be agreed upon between the corporation
of said city and the said railroad company, and shall terminate in Sixth
street west, between Missouri street and that part of the Washington
Canal passing through the mall between Third and Sixth streets west:
And provided, That the graduation of said main stem and the branches
therefrom shall be made to conform to such levels or elevation as shall
be approved by the surveyor of said city, or such engineer or engi-
neers as shall be appointed for that purpose by the authority of the
corporation of said city: And provided also, That all bridges and cul-
verts through or under said main stem and the branches therefrom,
which shall be required by the corporate authorities of said city, for
the free passage of streams of water and the proper drainage of said
city, shall be made and constructed under the direction of said corpo-
rate authorities, and at the proper costs and expense of the railroad
company aforesaid: And provided further, That the said railroad com-
pany shall not use or employ any steam-engines in propelling or draw-
ing the cars, wagons, and other vehicles on any part of the said road
or branches therefrom within the limits of said city, except on such
parts as may be agreed to by the corporate authorities thereof.
Resolved, That the mayor be requested to transmit copies of the fore-
going resolution, properly attested, to the committees of both Houses
of Congress on the District of Columbia, respectively.
Approved, February 3, 1835; Thirty-second council, chap. 18, p. 32.
AN ACT supplementary to an act entitled "An act to authorize the March 3, 1835.
extension, construction, and use of a lateral branch of the Baltimore
and Ohio railroad into and within the District of Columbia," passed
1831, ch. 85.
December, eighteen hundred and twenty-nine.a
Be it enacted by the Senate and House of Representatives
Constructionof
road within the
of the United States of America, in Congress assembled, That District of Co-
the Baltimore and Ohio Railroad Company be, and they lumbia.
a The following decision of the Supreme Court is introduced, as it is one of the
occasions in which the Baltimore and Ohio railroad has been the subject of the leg-
islation of Congress.
The state of Maryland, in 1836, passed a law directing a subscription of three mil-
lions of dollars to be made to the capital stock of the Baltimore and Ohio Railroad
Company, with the following proviso, "that if the said company shall not locate the
said road in the manner provided in this act, then and in that case, they shall for-
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CANALS AND STEAM RAILROADS.
are hereby, authorized to locate and construct their said
road within the city of Washington, through squares nine
hundred and nine, eight hundred and eighty-eight, eight
hundred and fifty-eight, eight hundred and thirty-two,
nine hundred and eight, eight hundred and eighty-seven,
eight hundred and fifty-six, eight hundred and fifty-seven,
eight hundred and thirty-one, eight hundred and seven,
seven hundred and seventy-six, seven hundred and fifty-
one, seven hundred and eighteen, in the same manner, and
with the same rights and privileges which are granted to
them by the act to which this is a supplement, for the
construction of their said road within the District of Co-
lumbia, beyond the limits of the city of Washington, any
thing in the said act contained to the contrary notwith-
standing, and the assent of Congress is hereby given to
the construction of the said railroad through or over any
of the said lots or parts of lots which are owned by the
United States.
Extension
of
SEC. 2. And be it further enacted, That the main stem
the road.
of the said railroad, after passing through the squares or
lots above-named, or any of them, shall not be constructed
west or south of a point at the intersection of H street
north, with Delaware Avenue, until the route from that
point to the final termination of the main stem of said
road shall be surveyed and approved by the mayor, board
of aidermen, and board of common council of the city of
Washington; and when the said route shall be so surveyed
and approved, the said company shall be, and they are
hereby, authorized to construct the said railroad on the
said route, under such restrictions and conditions as may
be agreed upon by the said railroad company and the
mayor, board of aldermen, and board of common council
of the said city of Washington.
Road may pass
SEC. 3. And be it further enacted, That if the said route
through unim-
proved
lots
or
from the intersection of H street and Delaware Avenue
squares.
should pass through any unimproved lots or squares, ex-
cept public reservations, the said railroad company shall
be, and they are hereby, authorized to construct their
road through or over the same, upon the same terms, and
with the same privileges, as are prescribed for passing
feit one million of dollars to the state of Maryland, for the use of Washington county."
In March, 1840, the state passed another act, repealing so much of the prior act as
made it the duty of the company to construct the road by the route therein pre-
scribed, remitting and releasing the penalty, and directing the discontinuance of any
suit brought to recover the same. Held, that the proviso was a measure of state
policy, which it had a right to change, if that policy was afterwards discovered to
be erroneous; and neither the commissioners, nor the county, nor any one of its
citizens, acquired any separate or private interest under it, which could be main-
tained in a court of justice. State of Maryland v. The Baltimore and Ohio Railroad
Company, 3 Howard, 534.
It was a penalty, intended to be imposed on the company for disobeying the law;
and the assent of the company to it, as a supplemental charter, was not sufficient to
deprive it of the character of a penalty. Ibid.
A clause of forfeiture in a law is to be construed differently from a similar clause
in an engagement between individuals. A legislature can impose it as a punish-
ment; but individuals can only make it a matter of contract. Being a penalty,
imposed by law, the legislature had a right to remit it., Ibid
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through the squares enumerated in the first section of
this act.
SEC. 4. And be it further enacted, That the said com-
Branches may
be constructed.
pany are further authorized to construct branches of their
road from the main stem thereof, within the said city, to
such place or places, and in such number of tracts, as the
corporate authority of the city of Washington shall assent
to or permit: Provided, That the said branches shall not Proviso.
pass through any of the public reservations.
SEC. 5. And be it further enacted, That it shall be law-
Company may
obtain, hold, and
ful for the said company, and they are hereby empowered improve
lots.
to obtain, by gift or purchase, any lot or lots adjacent to
any street or avenue along which the said company shall
construct their said road or branches, and to hold and im-
prove the same in such manner as may be necessary for
the purposes of said company, or for the beneficial use of
said road, or the branches thereof; and the said company
shall be authorized to extend and construct tracks of rail-
way into any lot or lots so held by them, in connection
with the tracks in any adjacent street or avenue: Pro- Proviso.
vided, That the free use of any street or avenue shall not
be impaired thereby: And provided, also, That the said
company shall not use or employ any steam engine in
drawing or propelling the cars, wagons, or other vehicles,
on any part of the said road within the city of Washing-
ton, except in such parts as may be agreed to by the cor-
porate authorities of said city.
SEC. 6. And be it further enacted, That such provisions
of the act to which this is a supplement, as are inconsist-
ent herewith, be, and the same are hereby, repealed.
Approved, March 3, 1835.
MUNICIPAL LEGISLATION.
AN ACT declaring the assent of the corporation of the city of Washington to the
route adopted by the Baltimore and Ohio Railroad Company for the lateral branch
of said road within the limits of said city.
Whereas, in pursuance of the provisions of an act of Congress
approved March third, eighteen hundred and thirty-five, entitled "An
act supplementary to an act entitled 'An act to authorize the extension,
construction, and use of a lateral branch of the Baltimore and Ohio
Railroad into and within the District of Columbia," the Baltimore and
Ohio Railroad Company has caused the route of so much of the lateral
branch of said road as is by the said act of Congress authorized to be
extended and constructed within the city of Washington to be sur-
veyed and marked out, and has transmitted to this corporation an offi-
cial copy or plan of said survey, together with the plan of profile of
said road, exhibiting the elevation or levels thereof, as approved by
the surveyor of the city of Washington : Therefore,
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the assent of the corporation of the
city of Washington be, and the same is hereby, given to the provisions
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CANALS AND STEAM RAILROADS.
of the act of Congress aforesaid, and to the extension and construction
of the lateral branch of the Baltimore and Ohio Railroad into and
within the city of Washington, according to the plans or drawings
thereof transmitted by a committee of the Baltimore and Ohio Rail-
road Company with their letter to the mayor of this city, dated the
thirty-first day of March, eighteen hundred and thirty-five: Provided,
That all bridges or culverts through or under said lateral branch which
may be now and at all times hereafter required by the corporation of
this city for the convenient draining of the city shall be constructed of
the materials, in the manner, and of the dimensions required by the
mayor of this city for the time being, at the cost and expense of said
railroad company: And provided also, That the alterations necessary
to be made in the grade of North Capitol street and Second street east
to conform to the level of said lateral branch of said road shall be made
at the expense of said company and agreeably to the directions of the
mayor.
SEC. 2. And be it enacted, That the mayor be requested to cause the
said plans to be verified by the certificate of the mayor and register
under the seal of this corporation and deposited with the other public
plans in the office of the surveyor of this city.
SEC. 3. And be it enacted, That the said railroad company shall be,
and they are hereby, authorized to use any steam engine or engines in
drawing or propelling cars, wagons, and other vehicles to any point
on said lateral branch of said road to the northward and eastward of
the intersection of the west side of New Jersey avenue with C street
north, until otherwise directed by an act or ordinance of this corpo-
ration, and to no point to the west or south of said intersection: Pro-
vided however, That nothing in this act contained shall be SO construed
as to prevent this corporation, at any and at all times hereafter, when
the same shall be considered necessary, to limit and regulate by law
the speed at which any cars, wagons, or other vehicles shall be permitted
to be drawn or propelled on any part of said lateral branch of said
railroad within the limits of the city of Washington.
Approved April 9, 1835; Thirty-second council, chap. 46, p. 20.)
AN ACT for releasing the claim of the corporation of Washington against the Balti-
more and Ohio Railroad Company for graduating Second street east, between K
and I and I and H streets north, and for building a bridge over the railroad at the
intersection of said street.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the mayor be, and he is hereby,
authorized to grant a release to the Baltimore and Ohio Railroad Com-
pany from all further claim on the part of the corporation of Wash-
ington for the graduation of Second street east, required to be done for
the said railroad company, for the accommodation of the streets between
K and I and 1 and H streets north, in said Second street east, in the
city of Washington; upon condition that the said railroad company
shall first pay the sum of $3,166.75, which sum shall be placed to the
credit of the Fourth ward.
SEC. 2. And be it enacted, That for the purpose of erecting a sub-
stantial wooden bridge, of at least 25 feet in width, over the railroad
where it crosses Second street east, and for improving said street from
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square 725 to said bridge, the sum of $750 be, and the same is hereby,
appropriated, payable out of the fund of the Fourth ward when the
aforesaid sum of $3,166 75 shall be received and placed to the credit
of said ward.
Approved August 3, 1835; Thirty-third council, chap. 8, p. 53.
JOINT RESOLUTION for carrying into effect certain arrangements with the Balti-
more and Ohio Railroad Company in relation to the removal of their depot.
Resolved by the board of aldermen and board of common council of
the city of Washington, That the mayor, in conjunction with the joint
committee heretofore appointed in relation to the removal of the Bal-
timore and Ohio Railroad Company in this city, be, and they are hereby,
authorized and empowered to carry into effect the arrangement agreed
upon by the said joint committee, in the conference with the commit-
tee of the Baltimore and Ohio Railroad Company, and referred to in
the report of said joint committee, made the 24th day of May, 1849,
as follows: That the Baltimore and Ohio Railroad Company shall
proceed to erect a permanent depot on square numbered 632, and
shall pay to this corporation $7,200, to be expended by said corpora-
tion in the improvement of C and D streets north, between Second
street west and North Capitol street; and in case of surplus after
improving those streets, that surplus to be applied to the improvement
of New Jersey avenue, between C and D streets north; in considera-
tion of which the corporation of Washington to extend the privilege
now enjoyed by the said railroad company of using steam engines on
the present line of their road to the intersection of the east side of New
Jersey avenue with the north side of C street north (that is, to and
into square 632) for the period of thirty years from and after the pas-
sage of this resolution: Provided, however, That the said company shall
agree, in manner to be approved by the attorney of this corporation,
that all real estate which now belongs, or which shall hereafter belong,
during the said period of thirty years to the said company, with the
exception of the track of the railroad of said company, shall be sub-
ject to the same assessment, rate of taxation, and sale for nonpayment
of taxes, during the said period of thirty years, as other real estate in
the city of Washington.
Act approved May 30, 1849, chapter 204; Forty-sixth council, p. 92.
JOINT RESOLUTIONS appointing a committee to enter into arrangements with the
Baltimore and Ohio Railroad Company in relation to the removal of their depot in
this city.
Resolved by the board of aldermen and board of common council of
the city of Washington, That a committee, to consist of the mayor and
two members from each board, be and the same is hereby appointed
to enter into such an arrangement as the said committee may deem
just and expedient on the part of this corporation, with the Baltimore
and Ohio Railroad Company, in relation to the removal of the depot
of the said company in this city from its present position on Pennsyl-
vania avenue to some more suitable location, in which arrangement the
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CANALS AND STEAM RAILROADS.
said committee is hereby authorized and empowered, on behalf of this
corporation, to grant permission to the said railroad company to use
steam engines in propelling cars on the present line of the Washington
branch of the Baltimore and Ohio Railroad from its entrance into this
city to such point on said line, east of the eastern side of New Jersey
avenue, as may be selected for the new location of the depot, for any
period not exceeding thirty years from the passage of this act, upon the
same terms and conditions as steam engines are now used in propelling
cars on the said railroad within the limits of this city, upon the follow-
ing conditions, viz:
First. That the said Baltimore and Ohio Railroad Company remove
their depot in this city from its present location, and shall select some
convenient and suitable location for a new depot at some point on the
present line of the Washington branch of said railroad east of the
intersection of said branch railroad with the eastern side of New Jer-
sey avenue, and shall take up the remainder of said branch railroad
west and south of said eastern side of New Jersey avenue, and relin-
quish forever the use of the same as a railroad.
Second. That said railroad company shall, within twelve months
after the passage of these resolutions, erect at such point as may be
selected for a new depot suitable and permanent buildings and improve-
ments for a depot, on such a scale as may be necessary to afford ample
accommodations for the freight and travel on the said branch railroad.
Third. That said railroad company shall pay to this corporation the
sum of eight thousand dollars within sixty days after the passage of
these resolutions, the same to be expended by this corporation in
improving C and D streets north between Second street west and
North Capitol street; and any surplus, after improving said streets,
to be expended in the improvement of New Jersey avenue between C
and D streets north; and,
Fourth. That the said railroad company shall, at the same time, pay
to this corporation the taxes in arrears on the property (other than
the road and the cars and engines used upon it) held by the said rail-
road company in this city, and shall at the same time also dismiss all
legal or other proceedings which may have been instituted by the said
railroad company in relation to the said taxes or the right of this cor-
poration to impose and collect the same.
Resolved, That the joint resolution entitled "A joint resolution for
carrying into effect certain arrangements with the Baltimore and Ohio
Railroad Company in relation to the removal of their depot," approved
May 30, 1849, be and the same is hereby repealed. (Act approved
May 31, 1850, chap. 271, Forty-seventh Council, p. 383.)
John W. Maury and Benjamin B. French, esquires, of the board of
aldermen, and George S. Gideon, and Ephraim Wheeler, esquires, of
the board of common council, were appointed on the committee pur-
suant to the foregoing resolution.
E. J. MIDDLETON,
Secretary to the Board of Aldermen.
AN ACT authorizing the improvement of C and D streets north, between Second
street west and North Capitol street, and for other purposes.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the mayor be, and he is hereby,
authorized and required to have C and D streets north, between Sec-
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ond street west and North Capitol street, graded and graveled, and a
bridge with stone abutments built over the Tiber at D street north,
the work to be done by contract with the lowest competent and respon-
sible bidder, after ten days' public notice: Provided, That the grade
of said street shall be in conformity with the suggestions of the late
surveyor, Randolph Coyle, esq., as contained in his letter of the 17th
of May, 1847, SO far as the same applies thereto: And provided fur-
ther, That no contract shall be made under this act by which this
corporation shall be required to expend a greater sum in said improve-
ments than is appropriated by the second section of this act.
SEC. 2. And be it enacted, That for the purpose of carrying into
effect the improvements authorized by the first section of this act, the
sum of $8,000, or so much thereof as may be necessary, be, and the
same is hereby, appropriated, payable out of the money to be paid to
this corporation by the Baltimore and Ohio Railroad Company, under
the third condition of the agreement entered into with the said com-
pany on the 15th day of June, 1850, in pursuance of the joint resolu-
tions of this corporation, entitled "Joint resolutions appointing a
committee to enter into arrangements with the Baltimore and Ohio
Railroad Company in relation to the removal of their depot in this
city," approved 31st of May, 1850.
SEC. 3. And be it enacted, That any surplus which may remain of
the said appropriation of $8,000 after the completion of the improve-
ments authorized by the first section of this act shall be, and the same
is hereby, directed to be applied, under the direction of the mayor, to
the improvement of New Jersey avenue between C and D streets
north. (Act approved July 5, 1850, chap. 2; Forty-eighth council,
p. 3.)
[NOTE.-In the message of the mayor of Washington to the board of aldermen and board of com-
mon council under date of August 25, 1851, containing a summary of the affairs of the corporation for
the past year, will be found under head of general fund receipts, Baltimore and Ohio Railroad
Company. $8,000." Also see statement of the register of the city for the fiscal year ending June 30,
1851, of the general fund receipts, among which appears: Baltimore and Ohio Railroad Company,
$8,000."]
GEORGETOWN AND CATOCTIN RAILROAD COMPANY.
CONGRESSIONAL LEGISLATION.
AN ACT to incorporate the Georgetown and Catoctin Railroad Company.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That whenever the State of
Maryland shall by law incorporate a company to lay out and construct
a railroad from any point, in connexion with the Baltimore and Ohio
railroad at or near the Point of Rocks, to Georgetown, in the District
of Columbia, the right of way, not exceeding sixty-six feet wide, be,
and is hereby, granted to such company: Provided, That before any
such road, depots, and its necessary fixtures shall be located in George-
town, the assent of said city shall first be obtained: And provided, also,
That the same provisions for the condemnation of and payment for the
S. Doc. 220-3
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CANALS AND STEAM RAILROADS.
land or other property for the use of the said road, as may be made by
any act for the incorporation of such company by the State of Mary-
land shall be, and hereby are, extended to the condemnation of and
payment for land or other private property for the use of the said
road within the District of Columbia.
Approved March 3, 1853.
METROPOLITAN RAILROAD COMPANY.
MARYLAND LAW.
AN ACT to incorporate the Metropolitan Railroad Company. (Passed January
session, 1853.)
SECTION 1. Be it enacted by the general assembly of Maryland, That
John W. Maury, William W. Corcoran, Wm. W. Seaton, David
English, Francis Dodge, Ferdinand W. Risque, of the District of
Columbia; Charles E. Trail, Jacob M. Kunkel, and Meredith Davis,
of Frederick county; Robert T. Dade, Wm. Lingan Gaither, Francis
C. Clopper, of Montgomery county; Daniel Weisel, James Wason,
and Elias Davis, of Washington county, be and are hereby appointed
commissioners, under the direction of a majority of whom subscrip-
tions may be received to the capital stock of the Metropolitan Railroad
Company hereby incorporated; and they, or a majority of them, may
cause books to be opened at such times and places as they may direct
for the purpose of receiving subscriptions to the capital stock of said
company, to which any person, corporation, or association of individ-
uals may subscribe, after giving such notice of the times and places
of opening the same as they may deem proper; and that upon the first
opening of said books they shall be kept open for at least ten successive
days, from ten o'clock a. m. until two o'clock p. m.; and if, at the
expiration of that period, such a subscription to the capital stock of
said company as is necessary to its incorporation shall not have been
obtained, the said commissioners, or a majority of them, may cause
the said books to be opened from time to time, after the expiration of
the said ten days, for the space of twelve months thereafter, or until
the sum necessary to the incorporation of the company shall be sub-
scribed, if not sooner subscribed; and if any of the said commissioners
shall die, resign, or refuse to act during the continuance of the duties
devolved upon them by this act, another may be appointed in his stead
by the remaining commissioners, or a majority of them.
SEC. 2. And be it enacted, That the capital stock of said Metropoli-
tan Company shall be two millions of dollars, in shares of fifty dollars
each; and as soon as ten thousand shares of said capital stock shall be
subscribed, the subscribers of said stock, their successors and assigns,
shall be and they are hereby declared to be incorporated into a com-
pany, by the name of the Metropolitan Railroad Company, and by that
name shall be capable in law of purchasing, holding, selling, leasing,
and conveying estates, real, personal, and mixed, so far as shall be
necessary for the purposes hereinafter mentioned, and no further, and
shall have perpetual succession; and by said corporate name may sue
and be sued, and may have and use a common seal, which they shall
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have power to alter and renew at their pleasure, and shall have, enjoy,
and may exercise all the powers, rights, and privileges which other
corporate bodies may lawfully do for the purposes mentioned in this act.
SEC. 3. And be it enacted, That upon every such subscription there
shall be paid at the time of subscribing to the said commissioners, or
to their agents appointed to receive such subscriptions, the sum of
five dollars on every share subscribed, and the residue thereof shall be
paid in such instalments and at such times as may be required by the
president and directors of said company: Provided, That not more
than one-third of the subscription be demanded in any one year from
the commencement of the work; nor any payment demanded until at
least sixty days' public notice of such demand shall have been given
by the said president and directors, by advertisement published once
a week for three successive weeks in some newspaper or newspapers
printed in Washington city, Rockville, Frederick, and Hagerstown;
and if any subscriber shall fail or neglect to pay any instalment or part
of said subscription thus demanded for the space of sixty days next
after the time the same shall be due and payable, the stock on which
it is demanded shall be forfeited to the company, and may be sold by
the said president and directors for the benefit of the company; but
the president and directors may remit any such forfeiture on such
terms as they shall deem proper.
SEC. 4. And be it enacted, That, at the expiration of the ten days for
which the books are first opened, if ten thousand shares of said capital
stock shall have been subscribed, or, if not, as soon thereafter as the
same shall be subscribed, if within one year after the first opening of
the books, the said commissioners, or a majority of them, shall call a
general meeting of the subscribers at such time and place as they may
appoint, and shall give at least twenty days' public notice thereof;
and at such meeting the said commissioners shall lay the subscription
books before the subscribers then and there present, and thereupon
the said subscribers, or a majority of them, shall elect twelve directors
by ballot to manage the affairs of said company for the term of one
year, and until others shall be appointed in their place; and these
twelve directors, or a majority of them, shall have the power of elect-
ing a president of said company, either from amongst the directors or
others, to serve for the term of one year, and until another shall be
appointed in his place; and the president and directors respectively
shall be allowed such compensation for their services as the stockhold-
ers, in general meeting assembled, shall prescribe; and on all occasions
wherein a vote of the stockholders of said company is to be taken,
each stockholder shall be allowed one vote for every share owned by
him or her; and every stockholder mav depute any other person to
vote and act for it, him, or her, as its, his, or her proxy; and the com-
missioners aforesaid, or any three or more of them, shall be judges of
the said first election of directors.
SEC. 5. And be it enacted, That a general meeting of the stock-
holders of said company shall be held annually at such time and place
as the stockholders shall appoint. They may be called at any time
and to meet at any convenient place during the interval between said
annual meetings by the president and directors, or a majority of them,
or by the stockholders owning at least one-fourth of the whole stock
subscribed, upon giving thirty days' public notice of the time and
place of holding the same, by advertisement published once a week for
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three successive weeks in some newspaper or newspapers published in
Washington city, Rockville, Frederick, and Hagerstown; and when
any such meetings are called by the stockholders, such notice shall
specify the particular object of the case; and if at any such called
meetings a majority (in value) of the stockholders of said company are
not present in person, or by proxy, such meetings shall be adjourned
from day to day without transacting any business for any time not
exceeding three days, and if within said three days stockholders hav-
ing a majority (in value) of the stock subscribed do not thus attend,
such meeting shall be dissolved.
SEC. 6. And be it enacted, That at the regular annual meetings of
the stockholders of said company it shall be the duty of the president
and directors in office for the preceding year to exhibit a clear and
distinct statement of the affairs of the company; that at any called
meetings of the stockholders a majority of those present may require
similar statements from the president and directors, whose duty it shall
be to furnish them, when thus required; and that at all general meet-
ings of the stockholders a majority (in value) of all the stockholders
in said company may fill any vacancy that may occur in the office of
directors, and may remove from office any president or any of the
directors of said company, and may appoint others in their stead.
SEC. 7. And be it enacted, That every president and director of said
company, before he acts as such, shall swear or affirm, as the case may
be, that he will well and truly discharge the duties of his said office to
the best of his skill and judgment.
SEC. 8. And be it enacted, That the said president and directors, or
a majority of them, may appoint all such officers, engineers, agents,
or servants whatsoever, as they may deem necessary for the transac-
tion of the business of the company, and may remove any of them at
their pleasure; that they, or a majority of them, shall have power to
determine by contract the compensation of all the engineers, officers,
agents, or servants in the employ of said company, and to determine
by their by-laws the manner of adjusting and settling all accounts
against the company, and also the manner and evidence of transfers
of stock in said company; and that they, or a majority of them, shall
have power to pass all by-laws which they may deem necessary or
proper for exercising all the powers vested in the company hereby
incorporated, and for carrying the objects of this act into effect: Pro-
vided only, That such by-laws shall not be contrary to the laws of the
United States and of the State of Maryland, or any of the provisions
of this act.
SEC. 9. And be it enacted, That if the capital stock of said company
shall be deemed insufficient for the purposes of this act, it shall and
may be lawful for the president and directors of said company, or a
majority of them, from time to time to increase the said capital stock
by the addition of as many shares as they may deem necessary, for
which they may at their option cause subscriptions to be received in
the manner prescribed by them, or may sell the same for the benefit
of the company for any sum not under their par value; and that they,
or a majority of them, shall have power to borrow money for the
objects of this act, to issue certificates or other evidence of such loans,
and to pledge the property of the company for the payment of the
same and its interest.
SEC. 10. And be it enacted, That the president and directors of said
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company shall be and they are hereby invested with all the rights and
powers necessary to the construction and repair of a railroad from
Georgetown, in the District of Columbia, by the most eligible and
central route through Montgomery county, crossing the Baltimore and
Ohio railroad at a point not exceeding five miles from the Monocacy
viaduct, by the line of said railroad to the city of Frederick, in Fred-
erick county, thence by the most convenient and practicable route
through Frederick county and Washington county to Hagerstown,
not exceeding sixty-six feet wide, with as many sets of tracks as the
said president and directors, or a majority of them, may deem neces-
sary; and they, or a majority of them, may cause to be made, or con-
tract with others for making said railroad, or any part of it; and
they, their agents, or those with whom they may contract for making
any part of the same, or their agents, may enter upon and use and
excavate any land which may be wanted for the site of said road, or
the erection of warehouses or other works necessary to said road, or
for any other purpose necessary or useful in the construction or repair
of said road or its works; and that they may build bridges, may fix
scales and weights, may lay rails, may take and use any earth, timber,
gravel, stone, or other materials which may be wanted for the con-
struction or repair of any part of said road, or any of its works, and
may make and construct all works whatsoever which may be necessary
and expedient in order to the proper completion of said road.
SEC. 11. And be it enacted, That the president and directors of said
company, or a majority of them, or any person or persons authorized
by a majority of them, may agree with the owner or owners of any
land, earth, timber, gravel, stone, or other materials, or any improve-
ments which may be wanted for the construction or repair of any of
said roads, or of any of their works, for the purchase or use and occu-
pation of the same; and if they cannot agree, or if the owner or own-
ers, or any of them, be a femme covert, under age, non compos mentis,
or out of the county in which the property wanted may lie, when such
land or materials shall be wanted, application may be made to any
justice of the peace of such county, who shall thereupon issue his war-
rant, under hand and seal, directed to the sheriff of said county, re-
quiring him to summon a jury of twenty inhabitants of said county,
not related nor in any interested, to meet on the land or near to the
other property or materials, to be valued on a day named in said war-
rant, not less than ten nor more than twenty days after the issuing of
the same; and if at said time and place any of said jurors summoned
do not attend, the said sheriff shall immediately summon as many
jurors as may be necessary with the jurors in attendance to fur-
nish a panel of twenty jurors in attendance, and from them, each
party, or its, his, or their agent, if either be not present in person
or by agent, the sheriff for him, her, it, or them, may strike off
four jurors, and the remaining twelve shall act as a jury of inquest
of damages; and before they act as such the said sheriff shall admin-
ister to each of them an oath or affirmation, as the case may be, that
he will justly and impartially value the damages which the owner or
owners will sustain by the use or occupation of the same required by
the company; and the jury, in estimating such damages, shall take
into the estimate the benefits resulting to the said owner or owners
from conducting such railroad through, along, or near to the property
of said owner or owners, but only in extinguishment of the claim for
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damages; and the said jury shall reduce their inquisition to writing,
and shall sign and seal the same, and it shall then be returned by said
sheriff to the clerk of his county, as the case may be, and by such clerk
filed in his court, and shall be confirmed by said court at its next ses-
sion, if no sufficient cause to the contrary be shown; and when con-
firmed shall be recorded by said clerk at the expense of said company;
but if set aside the said court may direct another inquisition to be
taken in the manner above described; and such inquisition shall
describe the property taken, or the bounds of the land condemned,
and the quantity or duration of the interest in the same, valued for
the company, and such valuation, when paid or tendered to the owner
or owners of said property, or his, her, or their legal representatives,
shall entitle the said company to the estate and interest in the same
thus valued, as fully as if it had been conveyed by the owner or owners
of the same; and the valuation, if not received when tendered, may
at any time thereafter be received from the company without costs by
the said owner or owners, or his, her, or their legal representative or
representatives.
SEC. 12. And be it enacted, That whenever, in the construction of
said road or roads, it shall be necessary to cross or intersect any estab-
lished road or way, it shall be the duty of the president and directors
of said company so to construct the said road across such established
road or way as not to impede the passage or transportation of persons
or property along the same; or where it shall be necessary to pass
through the lands of any individual, it shall be their duty to provide
for such individual proper wagon ways across said road or roads from
one part of his land to the other.
SEC. 13. And be it enacted, That the president and directors shall
annually, or semi-annually, declare and make such dividends as they
may deem proper of the net profits arising from the resources of the
company, after deducting the necessary current and probable contin-
gent expenses; and that they shall divide the same amongst the pro-
prietors of the stock of said company in proper proportion to their
respective shares: Provided, however, That no dividend of the earn-
ings of said road shall be paid to the stockholders until after the
entire line of said railroad shall have been completed from George-
town, in the District of Columbia, to Frederick city, and from Fred-
erick city to Hagerstown, in Washington county; but the same shall
be used and applied by the president and directors to the construction
and completion of said road as aforesaid to Hagerstown, and in lieu
thereof certificates of the capital stock of said company shall be issued
the stockholder according to the amount of their dividends respectively.
SEC. 14. And be it enacted, That the said president and directors,
or a majority of them, shall have power to purchase with the funds of
said company and place on any railroad constructed by them under
this act all machines, wagons, vehicles, or carriages of any descrip-
tion whatsoever which they may deem necessary or proper for the
purposes of transportation on said road, and they shall have power to
charge for tolls upon and the transportation of persons, goods, prod-
uce, merchandise, or property of any kind whatsoever transported
by them along said railway, any sum not exceeding the following
rates, viz: on all goods, produce, merchandise, or property of any
description whatever transported by them, one cent a ton per mile for
toll, and three cents a ton per mile for transportation; and for the
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transportation of passengers not exceeding three cents per mile for
each passenger; and it shall not be lawful for any other company, or
any person or persons whatsoever, to travel upon or use any of the
roads of said company, or to transport persons, merchandise, produce,
or property of any description whatsoever along said roads, or any of
them, without the license or permission of the president and directors
of said company; and that the said road or roads, with all their works,
improvements, and profits, and all machinery of transportation used
on said road, are hereby vested in the said company incorporated by
this act and their successors forever; and the shares of the capital
stock of the said company shall be deemed and considered personal
estate.
SEC. 15. And be it enacted, That as soon as this act shall have been
passed by the legislature of Maryland, books may be opened, subscrip-
tions received, and the said company organized, and that when organ-
ized, the said company and the president and directors of the same
shall have all the powers, rights, and privileges granted by this act,
and shall be subject to all its regulations in constructing or repairing
any of the said railroads or other necessary works or buildings which
may or can be constructed within the limits of the State of Maryland,
and in transporting persons, goods, merchandise, or property of any
description along any of said roads, and that the provisions of this
act shall be wholly in force as to all the property of the company
which may be situated or may be within the State of Maryland, and
which said company is permitted to hold under this act.
SEC. 16. And be it enacted, That full right and privilege is hereby
reserved to the citizens of this State, or any company hereafter to be
incorporated under the authority of this State, to connect with the
road hereby provided for: Provided, That in forming such connexion
no injury shall be done to the works of the company hereby incorpo-
rated.
SEC. 17. And be it enacted, That the president and directors of said
company shall have power to issue bonds or certificates of indebted-
ness, under the seal of said company, in such sum or sums of a denom-
ination not less than one hundred dollars, as said company may
prefer, and to sell and dispose of the same upon such terms as to said
company may seem proper, and to pledge the property and profits. of
said company to secure the payment thereof; and also with power to
convert the bonds SO issued into capital stock of said company, upon
such terms as may be agreed upon between the holder or holders of
said bonds and said president and directors: Provided, That said
company shall not be authorized to issue any certificate, note, or scrip,
or other device to be used as currency.
SEC. 18. And be it enacted, That the president and directors of said
company shall have full power and authority to connect the railroad
which may be constructed under the provisions of this act with any other
railroad now existing or which may hereafter be constructed, and also
to make such arrangements with the president and directors of such
railroad for the through transportation of passengers and merchan-
dise, and all property of what kind soever, in the cars or carriages of
either company as may appear to said president and directors con-
venient and advantageous: Provided, however, That the charge for
all passengers travelling on the railroad hereby authorized to be
made, in cars of the same class, shall be uniform, and any arrange
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ment made or participated in by said company, by which, through
means of through tickets, or otherwise, any one passenger travelling
on the said road shall be charged a less sum than any other passenger
travelling thereon the same distance in cars of the same class, shall be
a forfeiture of this act of incorporation, and the same may be enforced
by scire facias in the usual way.
SEC. 19. And be it enacted, That said company shall start and run
their cars for transportation of passengers and property at regular
times, to be fixed by public notice; and shall furnish sufficient accom-
modations for the transportation of all such passengers and property
as shall within a reasonable time previous thereto be offered for trans-
portation at the place of starting, and at the usual stopping places
established for receiving and discharging way passengers and freight
for that train, and shall take, transport and discharge such passen-
gers and property at, from, and to such places, on the due payment
of the freight or fare legally authorized therefor; and shall be liable
to the party aggrieved in an action for damages for any neglect or
refusal in the premises.
SEC. 20. And be it enacted, That if the road authorized by this act
to be made shall not be commenced within two years from the passage
of this act, and shall not be completed within five years after it shall
have been commenced, then this act shall be void and the powers con-
ferred by it shall cease.
SEC. 21. And be it enacted, That this act shall take effect from the
date of its passage.
Approved May 5, 1853.
BALTIMORE AND POTOMAC RAILROAD
COMPANY.
MARYLAND LAW.
AN ACT to incorporate the Baltimore and Potomac Railroad
Company.
Act of incor-
poration passed
Be it enacted by the general assembly of Maryland, That
May 6, 1853.
Thomas G. Pratt, John D. Sellman, Charles R. Stewart,
Rezin Hammond, George Wells, Owen Disney, John T.
Hodges, James S. Owens, Thomas F. Bowie, George Mor-
ton, Wm. R. Barker, William P. Brooke, Dr. Charles
Duvall, W. W. W. Bowie, Charles C. Hill, Thomas I.
Marshall, Nicholas H. Shipley, P. W. Crain, William B.
Stone, John Matthews, John W. Jenkins, Francis Thomp-
son, Uzial Nalley, Walter Mitchell, Edward Perry, George
Thomas, Richard H. Miles, Edward 1. Plowden, John C.
Brune, John S. Gittings, James Carroll, Edward Rey-
nolds, Henry Garrett, Francis Neale, Zenos Barnum, and
Commissioners
appointed.
William Baker be, and are hereby, appointed commis-
sioners, under the sanction of any five of whom subscrip-
tions may be received to the capital stock of the Baltimore
and Potomac Railroad Company, hereby incorporated,
and they or any five of them may cause books to be opened
at such times and places as any five of them may direct,
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for the purpose of receiving subscriptions to the capital
stock of said company, after having given such notice of
the times and places of opening the same as they may deem
proper, and upon the first opening of the said books they.
shall be kept open, for at least five successive days, from
ten o'clock a. m. to two o'clock p. m., and if, at the expi-
nation of that period, such a subscription to the capital
stock of the said company as is necessary to its incorpora-
tion shall not have been obtained, the said commissioners
or any five of them may cause the said books to be opened
from time to time, after the expiration of the said five
days, within the space of five years thereafter, or until
the amount of stock necessary to the incorporation of said
company shall have been subscribed; and if any of the
said commissioners shall die, resign, or refuse to act dur-
ing the time for the continuance of the duties imposed on
them by this act another or others may be appointed by
the remaining commissioners or a majority of them.
SEC. 2. And be it enacted, That the capital stock of the
Baltimore and Potomac Railroad Company shall be one
million of dollars, and as soon as two thousand five hundred
shares of said capital stock shall be subscribed, the sub-
Capital stock.
scribers of the said stock, their successors and assigns and
their associates by subsequent subscriptions, shall be, and
they are hereby declared to be, incorporated into a com-
pany by the name of the Baltimore and Potomac Railroad
Corporate
name, and pow-
Company, and by that name shall have perpetual succes- ers.
sion and be capable in law of purchasing, holding, selling,
buying, and conveying estate, real, personal, and mixed,
so far as the same shall be necessary for the purposes
hereinafter mentioned, and no further, and by said corpo-
rate name may sue and be sued, may have and use a com-
mon seal, and shall have and enjoy and may exercise all
the powers which other corporate bodies may lawfully do
for the purposes named in this act.
SEC. 3. And be it enacted, That upon every subscription
At the time of
subscription two
of stock there shall be paid at the time of subscription to dollars
per share
the said commissioners, or their agent or agents appointed
to be paid.
to receive such subscriptions, the sum of two dollars on
every share subscribed, and the remainder shall be paid in
such installments and at such times as may be required by
the directors of said company: Provided, No payment shall
be demanded until at least thirty days' public notice of said
demand shall have been given by the said president and
directors; and if any subscriber shall fail or neglect to pay
any installment or part of subscription thus demanded for
the space of sixty days after the same shall be due, the
stock on which it is payable shall be forfeited to the com-
pany, and may be sold by the said president and directors
for the benefit of said company; but the president and di-
rectors may, in their discretion, remit any such forfeiture,
and institute and sustain, in the name of the company, an
action or actions before any tribunal in this State having
jurisdiction of the subject-matter, to recover from any
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CANALS AND STEAM RAILROADS.
subscriber thus making default any installment or part of
subscription as aforesaid demanded.
Act null and
SEC. 4. And be it enacted, That if the subscription herein
void are not ob-made
tions
necessary for the incorporation of said company shall
tained within
five years.
not be obtained within five years after the first opening of
the subscription by the commissioners, then this act, and
all subscription under it, shall be null and void; and the
said commissioners, after discharging all expenses incurred
by them in the premises, shall return the residue of the
money paid in upon such subscriptions to the several sub-
scribers in proper proportions to the sums respectively
paid in by them.
General meet-
SEC. 5. And be it enacted, That as soon as two thousand
ing to be called.
five hundred shares of the said capital stock shall have been
subscribed, if within five years after the first opening of
the books, the said commissioners or any five of them shall
call a general meeting of the subscribers, at such time and
place as they shall appoint, having given by advertisement
at least thirty days' notice thereof, and at the meeting so
called the said commissioners shall lay the subscription
books before the subscribers then and there present, and
thereupon the said subscribers, or those holding or repre-
senting a majority of the stock subscribed, shall elect seven
directors by ballot to manage the affairs of the said company,
and the said directors, or a majority of them, shall elect a
president either from among the directors or others, and
may allow him such a compensation for his services as
president as they may think proper; and in said election
and on all other occasions when a vote of the stockholders
is to be taken each stockholder shall be entitled to one
vote for each share of stock owned by him, her, or it, and
every stockholder may depute any other person to vote
and act for him, her, or it as his, her, or its proxy, and
the commissioners aforesaid, or any three or more of them,
Citizenship
of
president and
shall be the judges of the first election of directors: Pro-
directors.
vided, nevertheless, That no person shall be elected presi-
dent or a director of said company unless he be a stock-
holder, and the president or a majority of the directors
shall be citizens of the State of Maryland.
Seven direct-
ors to be chosen
SEC. 6. And be it enacted, That to continue the succes-
annually.
sion of the president and directors of said company, seven
directors shall be chosen annually on the first Wednesday
in June of each year by the stockholders of the said com-
pany and the directors of the said company, or a majority
of them shall have power to appoint judges of all elec-
tions by the stockholders, and to elect a president of said
company, either from among the directors or others, sub-
ject to the restrictions contained in the fifth section of this
act, and to allow him such compensation as they may deem
proper, and if any vacancy shall occur by death, resigna-
tion, or refusal to act of any president or director before
the year for which he was elected has expired, a person to
fill such vacant place for the remainder of the year may be
appointed by the president and directors of the said com-
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43
pany or a majority of them, and the president and direct-
ors of said company shall hold and exercise their offices
until a new election of president and directors, and all the
elections which by this act or by the by-laws of the said
company are to be made on a particular day or at a par-
ticular time, if not made on such a day or such a time, may
be made at any time three months thereafter: Provided,
however, That a failure to hold an annual meeting of the
Proviso.
stockholders for the purpose of electing directors or a fail-
ure to elect directors during any one or more years shall
not be held or taken to make a forfeiture or to constitute
an abandonment of this actof incorporation; the direct-
crs chosen at any time shall continue to hold and exercise
the office until such time as a new election shall be made
according to the provisions of this act.
SEC. 7. And be it enacted, That a general meeting of the
General meet-
ings to be held
stockholders shall be held annually at the time appointed annually.
for the election of president and directors of the said
company, and general meetings of the stockholders may
be held at any time during the interval between the said
annual meetings by the president and directors or a
majority of them, or by stockholders owning at least one-
fourth in amount of the stock actually subscribed, upon
giving thirty days' public notice of the time of holding the
same, and when such meeting may be called by the stock-
holders, the notice shall specify the object of the call; and
if at any such called meetings a majority in value of the
stockholders are not present in person or by proxy, the
meeting shall be adjourned from day to day without the
transaction of any business for any time not exceeding
three days, and if within three days stockholders having a
majority of the stock subscribed do not attend, the meeting
shall be dissolved: and all general meetings of the stock-
holders shall be held at the place where the principal office
of the Company, for the transaction of business, shall be
located, and said place shall be within the State of Mary-
land.
SEC. 8. And be it enacted, That at the annual meeting of
Statements to
be exhibited.
the stockholders, a clear and distinct statement of the
affairs of said company shall be exhibited by the president
and directors in office for the preceding year. That at
any called meeting of the stockholders a majority of them
present in value may require similar statements from the
directors, whose duty it shall be to furnish them when
thus required; and at all general meetings of the stock-
holders of the company a majority in value of the stock-
holders may remove from office the president or any direc-
Removal
of
tors of the company and elect others in their stead.
president and di-
rectors.
SEC. 9. And be it enacted, That if the entire stock of the
Mayopen books
for additiona
company provided for in the second section of this act be subscriptions.
not subscribed before the first election of president and
directors, as hereinafter provided for, the president and
directors may from time to time open books for additional
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CANALS AND STEAM RAILROADS.
subscription to the stock of the company, until such sub-
scriptions shall be made to the amount of the said capital
stock of the said company shall be found to be insufficient
for the purposes of this act, then the president and direc-
tors of said company may from time to time increase the
stock of said company by the addition of as many shares
of stock as they may deem necessary, and may receive sub-
scriptions to the same or sell the same at a price not below
their par value, after giving at least thirty days' notice of
opening the books for subscription or of selling such
Maximum shares: Provided, That the president and directors shall
amount of stock
allowed.
not increase the said capital stock beyond the sum or
amount of three million dollars.
Appointment
of officers.
SEC. 10. And be it enacted, That in all proceedings of the
president and directors of the said company the president
shall have one vote, and all questions shall be decided by a
majority of votes, and the said president and directors may
appoint any and all such officers, engineers, agents, or serv-
ants whatsoever as they may consider necessary for the
transaction of the business and the accomplishment of the
purposes of the company, and may dismiss or change the
same at pleasure, and may fix and determine by general
regulations or by special contract the compensation of all
such officers and others, and may determine by the by-laws
and regulations the manner of settling and adjusting the
accounts of any of the said officers against the company,
and also the manner and evidence of the transfers of stocks
of the company, and they shall have power to pass and
from time to time, at their own pleasure, annul or change
all by-laws and regulations which they may deem neces-
sary for exercising the powers vested in the company
hereby incorporated and for carrying the objects of the
act into effect: Provided, Such by-laws be not contrary to
the laws of the United States or of this State or the pro-
visions of this act.
Power to bor-
SEC. 11. And be it enacted, That the president and di-
row money.
rectors shall have power to borrow money for the purposes
of this act, and to issue bonds, certificates, or other evi-
dences of such loans and to pledge the property of the
company for the payment of the same.
Vested rights.
SEC. 12. And be it enacted, That the president and direct-
ors of the said company shall be, and they are hereby,
invested with all the rights and powers necessary to the
construction, working, use, and repair of a railroad from
some suitable point in or near the city of Baltimore, and
thence within one mile of the town of Upper Marlboro, in
Prince George's County, and as near to said town, within
the limits of said distance, as may be practicable, and by
or near the town of Port Tobacco, in Charles County, to a
point on the Potomac River, to be selected by the presi-
dent and directors of said company hereby incorporated,
May construct
not higher up than Liverpool Point, and not lower down
branches not ex-
than the mouth of St. Marys River, with such branches
ceeding 20 miles
in length.
at any point of said railroad, not exceeding twenty miles
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in length, as the said president and directors may deter-
mine. The said road, when completed, not to be more
than sixty-six feet wide, except at or near its depots or
stations, where the width may be made greater, with as
many tracks as the president and directors may deem
necessary; and the said president and directors may cause
to be made, or may contract with others for making, said
road or any part of it; and they, or their agents, or those
with whom they may contract, or their agents, may enter
upon and use and excavate any lands which may be wanted
for the site of said road or the erection of warehouses or
other works necessary for the said road or for its construc-
tion and repair; and that they may build bridges, fix scales
and weights, lay rails, may take and use earth, gravel,
stone, timber, or other materials which may be needed for
the construction and repair of the said road or any of its
works, and may make and construct all works whatever
which may be necessary and expedient in order to the
proper completion and maintenance of the said road; and
they may make or cause to be made lateral railways in any
direction whatever from the said railroad, and for the con-
struction, repair, and maintenance thereof shall have all
the rights and powers hereby given in order to the con-
struction and repair of said principal railroad, and may
also own and employ steamboats or other vessels to con-
nect the said railroad or railroads with other points by
water communication, provided nothing herein contained
shall be construed to authorize the said company to take
private property for their use without compensation, agreed
upon by the company and the owners thereof or awarded
by a jury as hereinafter provided, being first paid or ten-
dered to the party entitled to receive such compensation.
SEC. 13. And be it enacted, That the said president and
President and
directors, or their agent or agents authorized by them,
directors may
agree with own-
may agree with the owner or owners of any land, earth, ers of land that
may be wanted.
or materials, or any improvements which may be wanted
for the construction or repair of any of said roads, or any
of their works, for the purchase and and occupation of the
same; and if they cannot agree, or if the owner or owners,
or any of them, be an infant, feme covert, non compos mentis,
or out of the country where such property wanted may
lie, when such property may be wanted, application may
be made to any justice of the peace of such county, who
Condemnation
thereupon shall issue his warrant, under his hand and seal, proceedings.
to the sheriff of the county, requiring him to summon a
jury of twenty of the inhabitants not related to the par-
ties, nor in any way interested, to meet on the lands or
near the materials or other property wanted, on a day
named in said warrant, not less than ten nor more than
twenty days after issuing the same; and if at said time and
place any of the said jurors summoned do not attend, the
sheriff shall immediately summon as many persons simi-
larly qualified as together with those in attendance will
furnish a panel of twenty jurors in attendance, and from
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CANALS AND STEAM RAILROADS.
the panel each party, his, her, its, or their agent or attor-
ney, or if either party be not present in person or by
agent, the sheriff, for him, her, it, or them, may strike off
four persons, and the remaining twelve shall act as the
jury of the inquest of damages; and to each, before he
acts as such juror, the sheriff shall administer an oath or
affirmation that he will justly and impartially value the
damages that the owner or owners will sustain by the
occupation of the same required by the company; and the
said jury shall reduce their inquisition to writing and sign
and seal the same, and it shall then be returned by the
sheriff to the clerk of the circuit court for his county, and
be filed by said clerk in his office, and shall be confirmed
by the said court at its next term or session, and when
confirmed shall be recorded by said clerk at the expense
of the company; but if the same be set aside the said court
shall direct another inquisition to be taken in the manner
above described, and the inquisition shall, in all cases,
describe the property taken, or the bounds of the lands
condemned, and the quality or duration of the interest in
Payment
or
the same valued for the company, and such valuation,
tender.
when paid or tendered to the owner or owners of the
property, his, her, or their legal representative, shall
entitle the said company to the estate and interest in the
same thus valued, as if it had been legally conveyed by the
owner or owners of the same; and the valuation, if not
received when tendered, may at any time thereafter be
received without costs from the said company by the
owner or owners, and by his, her, or their legal represent-
atives.
To provide
SEC. 14. And be it enacted, That whenever in the con-
wagon ways.
struction of said road or roads it shall be necessary to
cross or intersect any established road or way, the said
president and directors shall SO construct the said road
across such established road or way as not to impede the
passage or transportation of persons or property along
the same; and when it shall be necessary to pass through
the lands of any individual, it shall also be their duty to
provide for such individual proper wagon ways across said
road or roads from one part of his land to the other.
Power to pur-
chase machines,
SEC. 15. And be it enacted, That the said president and
&c.
directors shall have power to purchase with the funds of
the company and place and use on any railroad constructed
by them under this act all machines, vehicles, or carriages,
of any description whatever, which they may deem proper
for the purpose of transportation on the said road, and
Rates
and transporta-
for tolls they shall have power to charge for tolls upon and the
tion.
transportation of persons, goods, produce, merchandise,
or property of any description transported by them on
said railroad or railroads any sum not exceeding eight
cents per ton, for both tolls and transportation, for every
mile the same may be transported, and for passengers not
exceeding four cents per mile for each passenger, and it
shall not be lawful for any person or persons or for any
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corporate body to travel upon or use the roads of the said
company, or transport any persons, merchandise, or prop-
erty of any description upon or along the road or roads of
the said company, without the license or permission of the
president and directors of said company.
SEC. 16. And be it enacted, That a bell shall be placed on Bells
to be
placed on en-
each locomotive engine, and rung at the distance of at least gines.
one hundred rods from the place where the railroad shall
cross any traveled public road or street, and be kept ring-
ing until it shall have crossed such road or street, or a
steam whistle shall be attached to each locomotive engine,
and to be sounded at least one hundred rods from the place
where the railroad shall cross any such road or street, and
shall be sounded at intervals until it shall have crossed
such street or road, under a penalty of thirty dollars for
the neglect of the provisions of this section, to be sued
for before any justice of the peace of the election district or
ward in which such neglect may happen, in ten days after
such penalty was incurred, one half thereof to go to the Penalty.
informer and the other half to the county or city in which
such neglect may happen; and the said company shall also
be liable for all damages which shall be sustained by any
person by reason of such neglect, and all penalties imposed
by this act may be sued for in the name of the State, and
if such penalty shall be for a sum not exceeding one hun-
dred dollars, then such suit may be brought before a justice
of the peace, and may be commenced by serving a summons
on any director, agent, or engineer of the company.
SEC. 17. And be it enacted, That the said board of di-
Dividends.
rectors shall once in each year or semiannually declare and
make such dividend as they may deem proper of the net
profits arising from the resources of the said company, first
deducting the current and probable contingent expenses,
and shall apportion the same among the stockholders of
said company in proportion to their respective shares.
SEC. 18. And be it enacted, That in case any person shall
Forfeiture for
injuring road.
wilfully obstruct, injure, impair, or destroy any part of
said road, or any of the works, buildings, carriages, vehi-
cles, engines, or machines of said company, he, she, or
they, for every such offence, shall forfeit and pay to said
company or their authorized agent or attorney not less
than fifty dollars, which may be recovered in the name of
said company by an action of debt in the circuit court of
the county wherein said offence shall be committed, and
shall also be subject to indictment in said court, and upon
conviction of such offence shall be punished by fine and
imprisonment in the discretion of the court.
SEC. 19. And be it enacted, That if the said road shall When
to
be
commenced and
not be commenced within six years from the passage of finished.
this act, and shall not be finished in four years from the
time of the commencement thereof, then this act shall be
null and void.
SEC. 20. And be it enacted, That nothing in this act shall
Banking 101-
bid.
be so construed as to authorize the said corporation to issue
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CANALS AND STEAM RAILROADS.
any note, scrip, device, or other evidence of debt to be used
as currency, and the legislature hereby reserves the right
to alter or amend or repeal this charter at its pleasure.
Power to issue
bonds.
SEC. 21. And be it enacted, That the president and di-
rectors of said company shall have power to issue bonds
or certificates of indebtedness under the seal of the said
company in such sum or sums, not less than one hundred
dollars, as said company may prefer, and to sell and dis-
pose of the same upon such terms as to said company may
seem proper, and pledge the property and profits of said
company to secure the payment thereof; and also convert
the bonds so issued into capital stock of said company,
upon such terms as may be agreed upon between the holder
or holders of said bonds and said president and directors.
Power to con-
nect with any
SEC. 22. And be it enacted, That the president and
other road.
directors of said company shall have full power and au-
thority to connect the railroad which may be constructed
under the provisions of this act with any other railroad
now existing or which may hereafter be constructed, and
also to make such contracts and arrangements with the
president and directors of such railroads for the through
transportation of passengers and merchandise and all
property of what kind soever, in the cars or carriages of
either company, as may appear to said president and
directors convenient and advantageous.
Approved May 6, 1853.
AN ACT [of the General Assembly of Maryland] amending act of
January, 1853, in relation to Baltimore and Potomac Railroad Com-
pany.
Approved
March 10, 1854,
SEC. 1. Be it onacted, etc., That SO much of the second
1854
Stat. (Md section of an act passed January, 1853, chapter 194,
Ch 150. Amend-
ingact of Janu-
entitled An act to incorporate the Baltimore and Potomac
ary,
1853,
capital stock.
as to Railroad Company," as requires that 2,500 shares of the
capital stock of said company shall be subscribed before
the said company is incorporated, be, and the same is
hereby, repealed.
SEC. 2. And be it further enacted, That the capital stock
of said company be, and the same shall be, divided into
shares of fifty dollars each, and as soon as 1,000 shares of
the said capital stock shall be subscribed, the subscribers
of the said stock, their successors and assigns and their
associates by subscription, shall be, and they are hereby
declared to be, incorporated, with like rights, powers, and
privileges as are particularly mentioned and prescribed in
the said original act, and shall as soon as may be there-
after proceed to survey and lay out the said road under
the direction of such person or persons as they shall
appoint.
SEC. 3. And be it further enacted, That this act shall
take effect from its passage.
Approved March 10, 1854.
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BALTIMORE AND OHIO RAILROAD COMPANY.
JOINT RESOLUTION in relation to the Baltimore and Ohio Railroad Company.
Resolved by the board of aldermen and board of common council of
the city of Washington, That the mayor be, and he is hereby, respect-
fully requested to request the president of the Baltimore and Ohio and
Washington Railroad Company to cause the car whistle to be sounded
from the northern limits of this corporation until the cars reach the
depot in this city; or to adopt such other means as will best secure
persons crossing said railroad from the liability of injury by the cars
when in motion.
Approved, May 20, 1853; Fiftieth council, chapter 444, p. 126.
ALEXANDRIA AND WASHINGTON RAILROAD,
BALTIMORE AND OHIO RAILROAD COM-
PANY.
AN ACT authorizing the Extension of the Alexandria and Washing-
Aug. 3, 1854.
ton Railroad into the District of Columbia, and conferring certain
Privileges on the Baltimore and Ohio Railroad Company.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the Alexandria and Washington Railroad Company,
Extension into
incorporated by the legislature of Virginia, on the twenty-
the District of
Columbia autho-
seventh of February, eighteen hundred and fifty-four, to rized.
construct a railroad from Alexandria, in the State of Vir-
ginia, to the city of Washington, in the District of Columbia,
be, and are hereby, authorized to extend their road from
any point on the Virginia side of the Potomac River to
which said road may be constructed, at or above the aque-
duct of the Alexandria Canal, into the District of Colum-
bia, connecting with the Baltimoreand Washington Railroad
depot by the most convenient and practicable route or
routes, passing through and along such streets or avenues,
except the Pennsylvania Avenue of Washington and
Georgetown, as the corporate authorities thereof may
respectively approve, subject to certain provisions herein-
after expressed.
SECTION 2. And be it further enacted, That the Alexan-
Bridge across
dria and Washington Railroad Company are hereby au- the Potomac.
thorized to construct a bridge over the Potomac River,
on, or above, or west of the aqueduct of the Alexandria
Canal Company: Provided, said bridge shall only be built
on or over the piers of the aqueduct, with the consent of
the Alexandria Canal Company: And provided further,
in constructing said bridge, and crossing the Chesapeake
and Ohio Canal, said bridge and railroad shall be so con-
structed as not to injure or obstruct the use or navigation
of the Chesapeake and Ohio Canal: And provided fur-
ther, That this act shall not prevent Congress from giving
S. Doc. 220-4
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CANALS AND STEAM RAILROADS.
like privileges to any other railroad company or any other
person.
Construction
and location of
SEC. 3. And be it further enacted, That the Alexandria
depots and
and Washington Railroad Company are hereby authorized
branches in
Washington
and to establish depots in the cities of Washington and George-
Georgetown.
town at such points as the corporate authorities thereof may
respectively approve, and to lay a railroad track or tracks to
such pointor points within said cities, and through and along
such streets and avenues, except the Pennsy lvania Avenue,
of said cities, as may be respectively approved of by the
corporate authorities of said cities, and to make all neces-
sary turnouts; the said railroad company being subject to
such terms, conditions, restrictions, and taxation, and to
such rules and regulations, relative to the construction,
repairs, and working of their road, within the cities of
Washington and Georgetown, as the corporate authorities
of said cities may from time to time respectively pre-
scribe, SO far as it may lay within their respective limits:
Taxation.
Provided, no higher rate of taxation shall be imposed upon
said railroad company than is prescribed by the respective
charters of said cities; and said railroad company shall
Office to be
kept in Wash-
keep an office within the city of Washington or George-
ington orGeorge-
town, and shall have power to sue and be sued, to make
town.
contracts, and to purchase and hold lands SO far as may
be necessary for carrying on the operations of the com-
Process.
pany, and the service of process on the president or any
director of said company, or on the chief clerk in attend-
Powers.
ance at the office of the company, shall entitle any party
complaining to proceed against said company as authorized
under the laws of the District of Columbia to proceed
against chartered companies within its limits.
Extension of
SEC. 4. And be it further enacted, That the Baltimore
Washington
branch of the
and Ohio Railroad Company be, and it is hereby author-
Baltimore and
Ohio R. R.
ized to construct and extend the Washington branch of
said road, according to such route as may be most conven-
ient through the said District to some point on the Poto-
mac River, opposite to or near the city of Alexandria, in
Virginia, for the purpose of forming a connection with
the said river and the lines of railroads running south,
subject to the provisions of its present charter; and the
said company are hereby authorized to locate, construct,
and operate the said extension, hereby authorized, through
such parts of the city of Washington, or public reserva-
tions, as the corporate authorities thereof, or the President
of the United States, respectively, may consent to; and
also to build a bridge or bridges over the Eastern branch
of the Potomac River, at some point above the navy-yard:
Provisos.
Provided, however, That the same shall not obstruct the
navigation thereof. And said company shall have power
to locate and establish depots, and erect the necessary
buildings thereon, and also to erect such wharves or piers
into said river as may be necessary, provided the same
shall not obstruct the navigation thereof: Provided, fur-
ther, That the said Baltimore and Ohio Railroad Company
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be subject to the same conditions and restrictions in extend-
ing their road through any parts of the city of Washing-
ton, as are prescribed for the Alexandria and Washington
Railroad Company: Provided, however, That this section
shall remain suspended for two years, from the first day
of January, eighteen hundred and fifty-five, and if at the end
of that time, the Alexandria and Washington Railroad
Company shall not have completed a railroad to Alexandria,
and have the same in good running order, in pursuance of
the requirements of the preceding sections of this bill,
then the Baltimore and Ohio Railroad Company shall have
the privilege of extending their road by either of the routes
authorized by this act: And provided further, That if said
Baltimore and Ohio Railroad Company shall not have exe-
cuted so much of the provisions of this act as relates to
their company by the first day of January, eighteen hun-
dred and fifty-nine, then this act shall be void.
Approved, August 3, 1854.
WASHINGTON AND ALEXANDRIA RAILROAD.
AN ACT in relation to the Washington and Alexandria Railroad.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That for the purpose of aiding the Wash-
ington and Alexandria Railroad Company in the construction and
equipment of a railroad from Alexandria, in the State of Virginia, by
the shortest practicable route, to some convenient point in the city of
Washington for connecting with the depot of the Baltimore and Ohio
Railroad, the corporation of the city of Washington agrees to guaranty
the certificates of said company to the amount of $60,000, bearing
interest at the rate of 6 per cent. per annum, payable half yearly, and
issuable in sums of not less than $500, the said certificates payable in
ten annual installments of $6,000 each, commencing on the 1st day of
January, 1858; which said guaranty, to the amount aforesaid, shall be
discharged and satisfied out of the ordinary revenues of this corpo-
ration within ten days from the accruing of said certificates, respec-
tively, and upon the surrender thereof to this corporation; and which
said guaranty shall be evidenced by the certificate of the mayor, coun-
tersigned by the register, to be indorsed on such certificates to the
amount aforesaid, to the effect that the same are guarantied as afore-
said: Provided always, That the said company shall first execute an
assignment to this corporation of all its rights, immunities, and prop-
erty as a security for the punctual payment of the interest and prin-
cipal of said certificates; and, further, that the said company shall
give such other security for the payment of said interest as shall be
satisfactory to the committee hereinafter appointed, which said assign-
ment and security shall inure to the benefit of the holders of said cer-
tificates: Provided further, That the assent of this corporation shall
be first obtained to any other connection with said road than herein
provided for.
SEC. 2. And be it enacted, That the mayor and one member from
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CANALS AND STEAM RAILROADS.
each board, to be selected by the presiding officers thereof, be
appointed a committee, under whose direction the said certificates
shall be issued, and the same, or the proceeds thereof, be applied
exclusively to the making of said road: Provided further, That said
committee shall be satisfied that the certificates above guarantied will
insure the completion and equipment of said road.
Approved February 8, 1855; Fifty-second council, chap. 245, p. 65.
ALEXANDRIA AND WASHINGTON RAILROAD.
MUNICIPAL LEGISLATION.
AN ACT [to] extend the Alexandria and Washington Railroad from the Long Bridge
to the Baltimore and Ohio depot and to the Washington City Canal.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the Alexandria and Washington Rail-
road Company be, and is hereby, authorized and required to lay down
and construct a single track of railway from the foot of the Long
Bridge along Maryland avenue to the intersection of said avenue and
First street west; thence along said First street across Pennsylvania
avenue to Indiana avenue; thence along Indiana avenue to the Balti-
more and Ohio railroad depot, and also to lay down and construct a
lateral branch of the said road, commencing at the intersection of
Maryland avenue and Seventh street west, along said Seventh street
to the Washington City Canal, with suitable turnouts for the business
of said company.
SEC. 2. And be it enacted, That the right be, and it is hereby,
granted to the said company to extend said track at the foot of Seventh
street west, along the line of Canal street south, to and across Four-
teenth street west; provided, that the mayor shall assent to the dis-
tance from the canal at which the tracks shall be laid. (Approved
July 27, 1855. 53rd Council, chap. 16, p. 5.)
METROPOLITAN RAILROAD COMPANY.
MARYLAND LAW.
AN ACT amendatory of the act entitled "An act to incorporate the Metropolitan
Railroad Company," passed January session, 1853.
SECTION 1. Be it enacted by the general assembly of Maryland, That
it shall not be necessary to complete the railroad authorized to be
constructed by the act to which this is amendatory, to Hagerstown, as
provided in the thirteenth section of said act, before any dividends of
the net profits arising from the business of said company shall be
declared, and distribution thereof made amongst the stockholders;
but that if, in the progress of the construction of the said railroad to the
aforesaid point of completion, the president and directors of the said
company should think proper to equip for service any completed part
thereof, they are hereby authorized to do so, and to distribute the net
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earnings or profits (or so much thereof as they may think proper to
distribute) arising from the transportation and business done upon such
completed part, amongst the stockholders, in dividends, to be declared
annually or semi-annually, at their discretion; and that no part of
the aforesaid net earnings or profits shall be applied to the construc-
tion of the further or other portions of the contemplated railroad
aforesaid, unless the president and directors shall deem it best for the
interest of the company to do so, and then they may apply the whole
or any part of such net earnings or profits, at their discretion, in the
work of finishing other portions of said railroad.
SEC. 2. And be it enacted, That the said Metropolitan Railroad Com-
pany may form or establish working connexion with the Baltimore and
Ohio Railroad Company, at any point not exceeding the distance of
one mile from the place or places where it is authorized to cross the
Baltimore and Ohio Railroad.
SEC. 3. And be it enacted, That all moneys obtained upon subscrip-
tions to the stock of said Metropolitan Railroad Company, paid by the
citizens or residents of the respective counties or cities in the State of
Maryland within which its railroad may be located, shall be exclu-
sively expended in locating, constructing, and completing the parts of
its said railroad lying within the counties or cities to which the sub-
scribers respectively belong, unless they shall file their written con-
sent with the president and directors of the company, leaving it to
their discretion to expend the money where and how they please for
the best interests of the company.
SEC. 4. And be it enacted, That all parts of the original act to which
this is amendatory which are inconsistent with this amendment be,
and the same are, hereby repealed.
SEC. 5. And be it enacted, That the time within which the said
Metropolitan Railroad Company is required to complete its said rail-
road, as limited by the twentieth section of the original act, shall be,
and is hereby, extended so as to include the period of ten years from
the commencement of said railroad.
SEC. 6. And be it enacted, That this act shall take effect from the
day on which it may be passed.
Passed March 6, 1856.
ALEXANDRIA, LOUDOUN AND HAMPSHIRE RAILROAD
COMPANY.
[GEORGETOWN MUNICIPAL LEGISLATION.]
RESOLUTIONS pledging the corporation of Georgetown to make a subscription to
the Alexandria, Loudoun, and Hampshire Railroad Company, upon certain con-
ditions.
Resolved by the board of aldermen and board of common council of
the corporation of Georgetown, That in the event of an appropriation
of money by Congress to build a bridge over the Potomac at the aque-
duct, or near said aqueduct and west thereof, this corporation, by
itself, and the citizens of Georgetown, pledges itself to subscribe, or
have subscribed to the stock of the Alexandria, Loudoun, and Hamp-
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shire railroad a sum not exceeding two hundred thousand dollars,
sufficient to construct a branch of said road from the bridge herein-
before referred to to the main line of said road, and to intersect the
same at such point as may be agreed upon by the directors of said road
and this corporation: Provided, however, That this resolution shall have
no force whatever, or be in any manner binding upon this corporation,
until it shall have been submitted to the consideration of the legal
voters of this town, according to the provisions hereinafter made, and
be sanctioned by a majority of votes at the polls.
And be it further resolved, That it shall be the duty of the mayor,
as soon as these resolutions shall be approved, to appoint some day
within the next two months, of which due notice shall be given,
during which the polls shall be opened at the town hall, under the
direction of three judges to be selected by the mayor from the present
judges of elections, that the sense of the legal voters of the town shall
be taken upon the propriety of the subscription as aforesaid, with the
limitations therein provided, and those in favor of such subscription
shall vote aye; and those opposed to it shall vote no.
Approved August 22, 1857.
A RESOLUTION appointing a committee to confer with the Alexandria, Loudon,
and Hampshire Railroad Company.
Resolved by the Board of Aldermen and Board of Common Council
of the corporation of Georgetonon, That the mayor, the recorder, and
E. Pickrell and I. Marbury, jr., of the board of common council be, and
they are hereby, appointed a committee to confer with the Alexandria,
Loudon, and Hampshire Railroad Company, in relation to the com-
munication of Lewis McKenzie, addressed to the mayor, bearing date
July 27, 1859.
Approved August 3, 1859.
A RESOLUTION supplementary to a resolution in relation to a subscription of
Georgetown to the Alexandria, Loudon, and Hampshire Railroad Company.
Resolved by the Board of Aldermen and Board of Common Council
of the corporation of Georgetown, That this corporation hereby binds
and pledges itself to make the subscription stated in the resolution to
which this is a supplement, whether the money to build a bridge at
or near the western side of the aqueduct be obtained from Congress or
from any other source: Provided, That if the proposed bridge be
built by any other party than Congress before the subscription shall
be binding, a guarantee shall be given, to be approved by the corpo-
ration, that the bridge shall be such as the voters, when they approved
the original resolution at the polls, expected, viz: a substantial bridge,
adapted to railroad and ordinary travel, of sufficient dimensions safely
to accommodate the public free of tolls, and to be kept in repair with-
out expense to the corporation.
Approved September 17, 1859.
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A RESOLUTION in relation to the Alexandria, Loudon, and Hampshire railroad.
Resolved by the Board of Aldermen and Board of Common Council
of the corporation of Georgetown, That the committee appointed by
resolution approved August 3, 1859, in relation to the Alexandria, Lou-
don, and Hampshire Railroad Company be authorized and requested
to confer with said company in relation to the selection of such a route
as will be acceptable to this corporation, and to report such route as
may be agreed upon, or such propositions as may be tendered by said
company to this corporation for their consideration.
Approved October 1, 1859.
A RESOLUTION in relation to the Alexandria, Loudon, and Hampshire Railroad
Company.
Whereas the Alexandria, Loudon, and Hampshire Railroad Com-
pany has proposed to this corporation, as its ultimatum, a connexion
with said road at a point not further west than the point called the
old Columbia Factory, as stated in the communication of the president
of said company. Therefore be it
Resolved by the Board of Aldermen and Board of Common Council
of the corporation of Georgetown, That said proposition be respectfully
declined, and that the clerk is hereby requested to transmit a copy of
this resolution to the president of the said road.
J. T. BANGS,
President of the Board of Common Council.
H. CAPERTON,
Recorder and President of the Board of Aldermen.
Approved February 5, 1860.
H. ADDISON, Mayor.
APRIL 15, 1860.
True copy-test:
WM. LAIRD, Clerk.
AN ACT to authorize the Extension and Use of a Branch of the February 5,
Alexandria, Loudoun, and Hampshire Railroad within the City of 1861.
Georgetown.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the Alexandria, Loudoun, and Hampshire Railroad
Alexandria,
Loudoun, and
Company be, and they are hereby, authorized and em-
Hampshire Rail-
powered to extend a branch of their railroad into and
road may extend
a branch road in-
within the city of Georgetown, in the District of Colum- to Georgetown.
bia, and that said company shall have and exercise the
same rights and powers and be subject to the same regu-
lations and restrictions, in regard to the construction and
use of such extension, as are or may be granted and pre-
scribed by the charter of said company in regard to the
main stem of said road, or by the laws of Virginia in rela-
tion to railroads within that State.
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CANALS AND STEAM RAILROADS.
City authori-
ties to regulate
SEC. 2. And be it further enacted, That the corporate
the
running of authorities of the city of Georgetown shall have power to
the cars.
regulate the manner and speed of running the cars of said
company within the limits of said city.
On whatstreets,
&c., branch to be
SEC. 3. And be it further enacted, That the said com-
built.
pany shall have power to construct and operate their said
extension upon such streets and public ways in said city
as may be deemed most expedient by the said company,
and with the consent of the corporate authorities of said
city.
Provision
for SEC. 4. And be it further enacted, That the Circuit
land damages.
Court of the District of Columbia, and the several officers
thereof, shall have and exercise all the powers and duties
in relation to the condemnation and acquisition of land or
other property by the said company for the purposes of
such extension of their branch as are or may be possessed
and exercised by the courts of Virginia and their officers
in regard to the same; and the same proceedings shall be
had therein as are or may be prescribed or authorized by
the laws of Virginia in such cases.
Approved, February 5, 1861.
ALEXANDRIA AND WASHINGTON RAILROAD
COMPANY.
March 3, 1863. AN ACT to extend the Charter of the Alexandria and Washington
Railroad Company, and for other Purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
The
dria and Wash-
Alexan- That the Alexandria and Washington Railroad Company
ington R. R. be, and the same is hereby, authorized to extend their said
extend its road. railroad from the south side of the Potomac across said river,
Company may
to and along Maryland avenue to the Capitol grounds, and
across Pennsylvania avenue along First street to Indiana
avenue, and thence to the Baltimore and Ohio depot; and
that all the ordinary rights, privileges, and liabilities, inci-
dent to similar corporations are conferred upon said com-
pany for that purpose: Provided, however, That the same
shall be subject to alterations, amendment, or repeal: And
provided, further, That the cars shall not be drawn on the
streets aforesaid, or on the structure across the Potomac
River mentioned in the second section of this act, by steam
When steam power without the consent of Congress and of the corpo-
power may be
used.
rate authorities of the city of Washington thereto: And
provided, further: That said company shall be authorized
Rate of freight to charge and receive rates of freights and fares not exceed-
and fares.
ing five cents for each person transported and for each ton
No person to
conveyed on said road SO extended: And provided, also,
be
excluded
That no person shall be excluded from the cars on account
from cars on ac-
count of color.
of color.
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SEC. 2. And be it further enacted, That the said com- Additional
pany are hereby empowered to make such additional the Potomac
structure along
structure or passage way along either side of the Potomac bridge.
bridge as may render the same safe for public use, and so
as not to hinder the general use of said bridge for ordi-
nary travel, which shall he ascertained by one or more
experienced civil engineers, who shall report, by proper
surveys and estimates, to the Secretary of the Interior for
his approval; the whole cost of which surveys and con-
struction of said additional bridge for the purposes afore-
said to be paid by the said company. And the said com-
pany shail construct such draws as shall correspond with Draws.
those now in use on the said bridge, and of such model as
shall be determined by the Secretary of the Interior, and
which shall afford reasonable facilities for navigation on
the Potomac River.
SEC. 3. And be it further enacted, That the said company
Corporation to
shall keep that portion of the avenues or streets occupied keep portion
of
avenues in re-
by their road in good repair, and provided with suitable pair.
crossways, at the proper places, for vehicles and wheeled
carriages, and for general use. The track of said road Track, where
shall be laid as nearly in the center of the street and ave- laid.
nues through which it passes, as may be, without inter-
fering with the water mains and gas pipes, and the speed
Speed of travel.
of travel shall be subject to such regulations as the corpo-
rate authorities of the city of Washington shall, from time
to time, prescribe, under such penalties as the said corpo-
rate authorities shall impose: Provided, however, That the
rights and privileges herein granted shall confer no author-
ity or right to interfere with the United States military
Militay use of
use or possession of said road or contemplated extension
the road not to be
interfered with.
during the present rebellion, or to any claim for damages
or indemnification therefor.
SEC. 4. And be it further enacted, That the said com- Real and
per-
sonal estate of
pany may acquire and hold such real and personal estate corporation.
as the practical use and working of said road may require,
under such regulations, and subject to such taxation, as is
imposed by law on similar property located in the city of
Washington.
SEC. 5. And be it further enacted, That this act take effect.
When act takes
effect from the time of its passage.
Approved, March 3, 1863.
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CANALS AND STEAM RAILROADS.
WASHINGTON, ALEXANDRIA AND GEORGETOWN RAIL-
ROAD COMPANY.
AN ACT granting certain privileges, conditionally, to the Washington, Alexandria
and Georgetown Railroad Company.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the consent of this corporation is
hereby given to the Washington, Alexandria and Georgetown Rail-
road Company (formerly the Alexandria and Washington Railroad
Company) to use steam power in drawing the cars of said company on
the structure across the Potomac River, and upon its railway now laid
along Maryland avenue and First street west to the present depot of
the Washington branch of the Baltimore and Ohio Railroad, at a rate
of speed not exceeding four miles per hour, and subject to such regu-
lations as this corporation shall from time to time impose; the consent
herein given to be limited to a period of twenty years from the date
of this act.
SEC. 2. And be it enacted, That the consent of this corporation is
hereby given to the said Washington, Alexandria and Georgetown Rail-
road Company to construct a single track of railway from the inter-
section of Maryland avenue and Sixth street west, along said Sixth
street west, and across the Washington Canal to the south side of Mis-
souri avenue, and to use steam power in drawing its cars on said branch
railway: Provided, That the said company shall keep the portion of
the said street occupied by said track well paved and in good repair,
and provided with suitable crossways at the proper places, for vehi-
cles and other wheeled carriages and for general use, and shall also
build and always keep in repair a substantial bridge across the said
canal, which bridge shall be of the width of said Sixth street, includ-
ing the footways and carriage-way, and become the property of the
corporation: And provided further, That the use of said street and
bridge by the said company, and the use of steam and cars thereon,
shall be subject to such regulations as to rate of speed, and otherwise,
as this corporation shall from time to time impose.
SEC. 3. And be it enacted, That this act shall take effect upon the
said Washington, Alexandria and Georgetown Railroad Company pay-
ing, or securing to be paid, to the satisfaction of the mayor, the sums
of money heretofore paid and appropriated to be paid on account of
the certificates of debt of said company, guarantied by this corpora-
tion, and delivering to him the bond of the said company, conditioned
to pay within six months all outstanding certificates so guarantied by
this corporation. And in the event of said company refusing or fail-
ing to comply with said condition for the space of thirty days from
the approval of this act, then this act shall be void and of no effect;
and upon compliance with said condition within said specified period,
and upon the payment by said company, within the said period of six
months, of all the unpaid certificates and interest guarantied as afore-
said by this corporation, the mayor shall return to the said company
as well the certificates paid as those appropriated for, and shall direct
the trustees named in the deed of trust dated April 19, 1855, to hold
the same absolved from every claim of this corporation, and to convey
the estate thereby vested according to the order of said company, not
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contrary to law; but if the said company shall fail to pay the said out-
standing and unpaid certificates, with interest as aforesaid, within said
period of six months, then the said deed of trust to be and remain in
full force and effect.
SEC. 4. And be it enacted, That SO much of the act approved July
27, 1855, as authorizes and directs the said company to construct a
branch of its railroad from Maryland avenue along Seventh street west
to the Washington Canal, and thence along the line of the canal to and
across Fourteenth street west, be, and the same is hereby, repealed:
SEC. 5. And be it enacted, That the right to enforce such regulations
as may be necessary to have kept in repair, at the expense of said
company, its different tracks of railway, is hereby reserved to this
corporation.
SEC. 6. And be it enacted, That the said railroad company shall keep
its roads and tracks level with the grade of the streets and avenues
through which they shall pass, and shall pave the streets and avenues
between the rails and two feet outside of each rail, with the same mate-
rial that may be used by the corporation in paving streets, and shall
keep the same in repair at all times; they shall send a man bearing a
red flag in the day time, and a bright red light during the night, in
front of each train while passing through the city, and shall besides
ring a large bell, and shall also at night have a brilliant reflector in
front of the engine attached to each train; that all trains shall be pro-
hibited from crossing any intersecting street or avenues backwards,
and shall not stop or remain thereon, and the company shall not lay
any siding or switch across any intersecting street or avenue; that all
blowing of steam whistles by engines on railroads within the city lim-
its shall be prohibited, and there shall be no blowing off of steam,
except such as shall be imperatively required for working the engine;
and for any violation of any of the provisions of this act, or any regu-
lations hereafter to be made, the said company shall forfeit and pay
to this corporation a fine of fifty dollars, to be collected and applied as
other fines are imposed by this corporation.
SEC. 7. And be it enacted, That the said railroad company shall be
required to erect a permanent and commodious station-house and freight
and passenger depot on Maryland avenue, between Seventh and Tenth
streets west, and at no other point in the city of Washington, and
always keep the same in repair, under penalty of forfeiture of the
privileges conferred by this act; and also that the said company shall
be required to fully protect the interests of this city in regard to rates
of freight and travel, allowing no discrimination to be made against it
in favor of any other city or locality; and further, that there shall be
required a publication of freight and passenger tariff from Baltimore
and from Washington to all points on and connections with this road.
(Approved May 24, 1866. Sixty-third Council, chap. 26, p. 18.)
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CANALS AND STEAM RAILROADS.
ALEXANDRIA AND WASHINGTON RAILROAD.
July 25, 1866. AN ACT to amend "An Act to extend the charter of the Alexandria
1863, ch. 110.
and Washington Railroad," passed March third, eighteen hundred
Vol. xii, p. 805.
and sixty-three.
Be it enacted by the Senate and House of Representatives
Alexandria, and
Washington, of the United States of America in Congress assembled, That
GeorgetownR.
the Washington, Alexandria, and Georgetown Railroad
Co. may extend
its road to con-
Company, a corporation lawfully succeeding to the char-
nect with Wash-
ington branch of
ter, rights, and privileges of the "Alexandria and Wash-
Baltimor
and ington Railroad Company," be, and the same is hereby,
Ohio Railroad.
Routeof exten-
authorized to extend said railroad from the track, as the
sion.
same is now, or may hereafter be, laid through Maryland
Avenue, at its intersection with Virginia Avenue, through
and along said Virginia Avenue, in an easterly direc-
tion, to its intersection with D Street south; thence along
D Street, and across the Washington canal, to New Jersey
Avenue; thence by a curve to the left, of not less than one
thousand feet radius, to a point in square number seven
hundred and thirty-two; thence by an underground exca-
vation or tunnel, passing under squares number seven
hundred and thirty-two, seven hundred and sixty-two,
seven hundred and sixty-one, seven hundred and sixty,
seven hundred and eighty-seven, seven hundred and eighty-
six, eight hundred and sixteen, eight hundred and fifteen,
eight hundred and thirty-nine, eight hundred and thirty-
eight, eight hundred and sixty-six, eight hundred and
sixty-five, eight hundred and sixty-four, and the different
streets and avenues intervening, to a point in square num-
ber eight hundred and ninety-three; thence, by a curve of
not less than one thousand feet radius, into Eighth Street
east; thence by the most direct and eligible route, to an
intersection with the Washington branch of the Baltimore
and Ohio Railroad.
Provisions of
SEC. 2. And be it further enacted, That the provisions
certain sections
of former act ap-
of sections three and four of the act to which this is an
plicable to this
extension.
amendment shall be applicable to the extension of said road
Draw
or
other or tracks as hereby authorized, and that it shall be lawful
bridge across
canal.
for said company to construct a draw or other bridge across
the Washington canal at its intersection with D Street
south, of such plans and dimensions as may be approved
by the corporation of Washington, and SO as not to inter-
Steam power fere with the navigation of said canal. And also to use
may be used.
steam power in the transportation of passengers and freight
over said railroad and branches, subject, however, to such
restrictions and regulations as may be imposed by the cor-
porate authorities of the city of Washington in respect to
such portions thereof as may be located in said city.
Steam power
SEC. 3. And be it further enacted, That the consent of
may be used for
eighteen months
Congress be, and the same is hereby, granted for a period
to draw cars on
the structure
of eighteen months from the passage of this act, to the
across the Poto-
Alexandria, Washington, and Georgetown Railroad Com-
mac Riverandin
certain streets in
pany, to use steam power in drawing the cars of said
Washington.
company on the structure across the Potomac River erected
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CANALS AND STEAM RAILROADS.
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by said company, under the provisions of the act entitled
"A act to extend the charter of the Alexandria and Wash-
ington Railroad Company, and for other purposes,"
approved March three, eighteen hundred and sixty-three,
and along the railway now laid by said company, or which
may be hereafter laid, under the provisions of the said act,
along Maryland Avenue and First Street west, in the city
of Washington, to the present depot of the Washington
branch of the Baltimore and Ohio Railroad, subject always,
and in all particulars, to such restrictions and regulations
concerning the use of said steam power as the corporation
of Washington may, by its ordinances, [at] any time impose
upon the said railroad company: Provided, That said com-
Limit to rate of
speed.
pany shall not propel their engines at a greater rate of
speed than five miles per hour within the corporate limits
of Washington city.
SEC. 4. Andbe it further enacted, That the said railroad
Company to
pay damages to
company shall be required to pay any and all damages that
private property
from extension.
may result to private property from the extension of said
If owners and
road, and the tunnelling under the several lots and squares
company cannot
agree, amount of
of ground as heretofore provided; and that in the event
damages how to
the owner or owners of such property and the said com-
be determined.
pany cannot agree as to the amount of such damages, or
the value of any private property so appropriated for the
purpose of such extension of said road, such proceedings
shall thereupon be had for the appropriation and assess-
ment of the damages thereof as are authorized and re-
quired under the laws now in force in the District of
Columbia regulating appropriations and assessment of
damages for opening roads, streets, and alleys in said Dis-
trict. That upon the payment to the owner or owners of Use, &c.,
of
lands, how ac-
the amount of such award of damages, or the lawful ten- quired.
der thereof, together with the payment of all costs of such
proceedings, the said company shall acquire the right to
use and occupy for the purposes of said railroad all such
lands SO appropriated, in such a manner as may be neces-
sary for the proper working and running said road.
Approved July 25, 1866.
BALTIMORE AND OHIO RAILROAD COMPANY.
AN ACT to authorize the extension, construction, and use by the July 25, 1866.
Baltimore and Ohio Railroad Company of a railroad from between
Knoxville and Monocacy Junction into and within the District of
Columbia.
Whereas it is represented to this present Congress that Preamble.
the Baltimore and Ohio Railroad Company, incorporated
by the State of Maryland, are desirous of extending the
road authorized to be built by them, by an act of the gen-
eral assembly of that State, entitled "An act to autborize
the Baltimore and Ohio Railroad Company to build a rail-
road from a point on the line of its road between Knox-
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CANALS AND STEAM RAILROADS.
ville and the Monocacy Junction, through Frederick and
Montgomery counties, to the boundary of the District of
Columbia, so as to make a direct communication with the
city of Washington," into and within the District of Colum-
bia: Therefore,
Be it enacted by the Senate and House of Representatives
Baltimore
and of the United States of America in Congress assembled, That
Ohio R. R. Co.
may extend rail-
the Baltimore and Ohio Railroad Company shall be, and
road into the
District of Co-
they are hereby, authorized to extend into and within the
lumbia.
Termini to be
District of Columbia the road aforesaid, to such point or
agreed
upon points, terminus or termini, as may be agreed upon be-
with the cities
of Washington
tween the said company and the corporation of Washing-
and Georgetown.
ton, in respect of a road within the limits of Washington,
Powers and
privileges
of the and between the said company and the corporation of
corporation.
Georgetown, as respects a road within the limits of George-
town. An[d] the said Baltimore and Ohio Railroad Com-
pany are hereby authorized to have and exercise the same
powers, rights, and privileges, and shall be subject to the
same restrictions, in the extension and construction of the
said road, into and within the said District as they have,
may exercise, or possess, or are subject to within the State
of Maryland, under and by virtue of their charter or act
of incorporation from the State of Maryland; and shall be
entitled to the same franchises, rights, compensation, ben-
efits, and immunities in the use of the said road as are
provided in the said charter.
Provisions of
SEC. 2. And be it further enacted, That all the provi-
acts of Congress
relating to lat-
sions of the several acts of Congress relating to the lateral
eral road, made
road authorized to be built into and within the District of
applicable to this
corporation.
Columbia by an act passed March second, eighteen hun-
1831,ch. 85.
Vol. iv, p. 476.
dred and thirty-one, and entitled "An act to authorize the
extension, construction, and use of a lateral branch of the
Baltimore and Ohio Road into and within the District of
Columbia," and the supplements thereto, be, and they are
hereby, declared to apply to the Baltimore and Ohio Rail-
road Company so far as they are severally applicable to
the location, construction, and use by the said company of
the road now authorized to be constructed into and within
the said District.
Extension to
SEC. 3. And be it further enacted, That the said railroad
be commenced
in one year and
company shall commence the construction of said exten-
completed in
three years.
sion of said road within one year, and complete the same
within three years after the passage of this act; and on
failure to do so, the privileges granted by this act shall be
forfeited by said company.
Approved, July 25, 1866.
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BALTIMORE AND OHIO RAILROAD COMPANY.
AN ACT to encourage the extension of direct railroad communication with the city
of Washington.
Whereas it has been proposed to construct the Metropolitan Branch
of the Baltimore and Ohio Railroad by way of Bladensburg, connect-
ing at that place with the Washington Branch road, and it is impor-
tant to the interests of this city that the said Metropolitan road be
constructed on a more direct line to a point in the city adapted to the
accommodation of passengers and the convenient distribution and
delivery of freight; and whereas it has been made known to this cor-
poration that the Baltimore and Ohio Railroad Company is willing to
adopt a route leading directly into this city and immediately commence
work on this end of the said route in case this corporation shall confer
on said company certain privileges necessary to the economical opera-
tion of the road and suitable to the requirements of the business com-
munity: Therefore,
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the Baltimore and Ohio Railroad Com-
pany, in the execution of the powers given to it by an act of Congress
approved July 25, 1866, entitled "An act to authorize the extension,
construction, and use by the Baltimore and Ohio Railroad Company of
a railroad from between Knoxville and Monocacy Junction into and
within the District of Columbia," be, and is hereby, authorized to
extend the said last-mentioned railroad into and within the city of
Washington, entering the said city at the intersection of its northern
boundary and New York avenue, crossing said avenue and passing
through the northwest corner of square No. 710 to First street east;
thence along the center of that street to the present track of the Wash-
ington branch of the Baltimore and Ohio Railroad, and along the route
of that track east of New Jersey avenue to the present station in square
No. 632, with the privilege of constructing and maintaining two tracks
within the city along the above-described line, and of using steam-
engines thereon.
SEC. 2. And be it further enacted, That the said company may, for
the convenient transaction of its business, lay down and maintain rail-
way tracks on D street north, between North Capitol street and the
east line of New Jersey avenue, and on North Capitol street, between
D street and the north line of C street north, in said city, SO far as
may be done without interfering with the use of said streets for gen-
eral purposes and may use steam engines thereon.
SEC. 3. And be it further enacted, That the privilege of using steam-
engines on the said Washington branch, which is granted in the agree-
ment between this city and said company, dated the 1st day of June,
1850, be, and is hereby, extended and granted for a further period of
thirty years from and after the expiration of the terms stipulated in
said agreement.
SEC. 4. And be it further enacted, That the grades of the railways
to be constructed by authority of this ordinance shall conform to the
legally established or prescribed grades of the streets and avenues on
which they are authorized to be laid.
SEC. 5. And be it further enacted, That whenever the Baltimore and
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CANALS AND STEAM RAILROADS.
Ohio Railroad Company shall assent to this ordinance, or whenever
any authority or privilege hereby granted shall be accepted or used
by the said company, this ordinance shall henceforth have the effect
of a contract between this city and said company as if its provisions
were formally agreed upon as stipulations between the parties: Pro-
vided, however, That all streets and avenues or parts of streets and
avenues on which tracks shall be laid or maintained in conformity with
this act shall be kept properly graded and graveled within the tracks,
and for the space of 2 feet beyond the outer rails thereof, until such
time as the said corporate authorities shall see fit to cause such street
or avenue or any part or parts thereof to be paved, and then the space
within the tracks and 2 feet beyond the outer rails thereof shall be
properly paved like the remainder of the street or avenue and be after-
ward kept in good repair; and all bridges or culverts crossing through,
in, or under such tracks, which shall be required by said corporate
authorities for the free passage of streams of water and the proper
drainage of said city, shall also be made, constructed, and kept in
repair under the direction of the authorities of said city, at the proper
cost and expense of said railroad company; and the said railroad com-
pany shall be subject to and pay its ratable portion of any special tax
imposed upon its property bordering on any street or avenue for any
local improvement that shall be made in such street or avenue: And
provided further, That nothing in this act contained shall be so con-
strued as to prevent this corporation, at any time hereafter when the
same shall be considered necessary, from limiting and regulating by
law the steam at which any cars, wagons, or other vehicles shall be
permitted to be drawn or propelled on any part of said railroad within
the limits of the city of Washington, or from enacting such other fur-
ther police regulation for the use of said road as this corporation may
deem necessary for the protection of persons and property along the
route of said road.
Approved January 17, 1867. Sixty-fourth council, chap. 148, p. 74.
BALTIMORE AND OHIO RAILROAD, PRESIDENT'S OFFICE,
Baltimore, January 19, 1867.
SIR: I have received your favor of the 18th instant, with a copy of
the act passed by the board of aldermen and board of common council
of the city of Washington, and approved by the mayor January 17,
1867, entitled "An act to encourage the extension of direct railroad
communication with the city of Washington."
The act is assented to by this company.
Very respectfully yours,
J. W. GARRETT,
President Baltimore and Ohio Railroad Company.
Hon. RICHARD WALLACH,
Mayor of the City of Washington.
Articles of agreement between the Baltimore and Ohio Railroad Company and the
corporation of Washington, made this 15th day of June, in the year 1850, by and
between the Baltimore and Ohio Railroad Company of the first part, and the
mayor, board of aldermen, and board of common council of the city of Washington
of the second part, witness:
That the said company shall be and is hereby authorized and empow-
ered to remove its depot in the said city from its present location on
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the Pennsylvania avenue to the lot now occupied by its engine house,
in square No. 632, and that the said company is hereby further author-
ized and empowered to use steam-engines in propelling cars on the
present line of the Washington branch of the Baltimore and Ohio
Railroad from its entrance into said city to such point on said line east
of the eastern side of New Jersey avenue in the square aforesaid as it
may select for the new location of its depot for any period not exceed-
ing thirty years from the passage of joint resolutions of the parties of
the second part, approved on the 31st day of May, 1850, entitled "Joint
resolutions appointing a committee to enter into arrangements with
the Baltimore and Ohio Railroad Company in relation to the removal
of their depot in said city upon the same terms and conditions as steam-
engines are now used in propelling cars on the said railroad within the
limits of the said city," upon the following conditions:
First. That the said Baltimore and Ohio Railroad Company remove
their depot in said city from its present location, and shall select some
convenient and suitable location for a new depot at some point on the
present line of the Washington branch railroad east of the intersection
of said branch railroad with the eastern side of New Jersey avenue,
and shall take up the remainder of said branch railroad west and south
of said eastern side of New Jersey avenue, and relinquish forever the
use of the same as a railroad.
Second. That the said railroad company shall, within twelve months
after the passage of these resolutions, erect at such point as may be
selected for a new depot, suitable and permanent buildings and improve-
ments for a depot on such a scale as may be necessary to afford ample
accommodations for the freight and travel on the said branch railroad.
Third. That said railroad company shall pay to said corporation
the sum of $8,000 within sixty days from the 31st day of May, 1850, the
same to be expended by said corporation in improving C and D streets
north, between Second street west and North Capitol street; and any
surplus, after improving said streets, to be expended in the improve-
ment of New Jersey avenue, between C and D streets north; and
Fourth. That the said railroad company shall, at the same time, pay
to said corporation the taxes in arrear on the property (other than the
road and the cars and engines used upon it) held by the said railroad
company in this city; and shall, at the same time also dismiss all legal
or other proceedings which may have been instituted by the said rail-
road company in relation to the said taxes or the right of said corpora-
tion to impose and collect the same.
Nothing herein contained to be construed as a waiver on the part of
the said company of its right to contest the liability of the property of
said company of any and every description, to future taxation by the
authorities of the city of Washington, without prejudice from the
execution of this agreement.
In testimony whereof the president of the said Baltimore and Ohio
Railroad Company hath hereto set his hand and caused the seal of the
said company to be hereto affixed, and the mayor of the city of Wash-
ington hath hereunto set his hand and the seal of the said corporation
on the day and year first aforesaid; and in further execution of the
presents, the subscribers other than the above, being the joint com-
mittee from each board of said corporation mentioned in the joint reso-
S. Doc. 220-5
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CANALS AND STEAM RAILROADS.
lution aforesaid, have hereunto set their hands on the day and year
aforesaid.
THOMAS SWANN,
President B. and O. R. R. Co.
WALTER LENOX,
Mayor of Washington.
JOHN W. MAURY,
B. B. FRENCH,
E. WHEELER,
JOEL DOWNER,
Joint Committee.
Signed, sealed, and delivered in presence of-
Jos. RADCLIFF.
W. E. HOWARD.
And by T. Swann in presence of-
JNO. H. B. LATROBE.
HUGH BOLTON.
Attest:
WM. McCORMICK, Register.
BALTIMORE AND POTOMAC RAILROAD
COMPANY.
CONGRESSIONAL LEGISLATION.
Feb. 5, 1867. AN ACT to authorize the extension, construction, and use of a lateral
branch of the Baltimore and Potomac Railroad into and within the
District of Columbia.
Preamble.
WHEREAS it is represented to this present Congress that
the Baltimore and Potomac Railroad Company, incorpo-
rated by an act of the General Assembly of Maryland, en-
titled "An act to incorporate the Baltimore and Potomac
Railroad Company," passed the sixth day of May, eighteen
hundred and fifty-three, are desirous, under the powers
which they claim to be vested in them by the provisions of
the before-recited act, to construct a lateral branch from
the said Baltimore and Potomac Railroad to the District
of Columbia: Therefore,
The Baltimore
and Potomac
Be it enacted by the Senate and House of Representatives
Railroad Com-
of the United States of America in Congress assembled, That
pany may ex-
tend lateral rail-
the Baltimore and Potomac Railroad Company, incorpo-
road into the
District of Co-
rated by the said act of the General Assembly of Mary-
lumbia.
land, shall be, and they are hereby, authorized to extend
into and within the District of Columbia a lateral railroad,
such as the said company shall construct or cause to be
constructed in a direction towards the said District, in
connection with the railroad which they are about to locate
and construct from the city of Baltimore to the Potomac
river, in pursuance of their said act of incorporation; and
Powers, privi-
leges, and re-
the said Baltimore and Potomac Railroad Company are
strictions.
hereby authorized to exercise the same powers, rights, and
privileges, and shall be subject to the same restrictions, in
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the extension and construction of the said lateral railroad
into and within the said District, as they may exercise or
are subject to under and by intent of their said charter or
act of incorporation, in the extension and construction of
any railroad within the State of Maryland; and shall be
entitled to the same rights, compensation, benefits, and
Rights and im-
munities.
immunities, in the use of the said road, and in regard
thereto, as are provided in their said charter, except the
right to construct any lateral road or roads within the said
District from the said lateral branch or road hereby au-
thorized; it being expressly understood that the said Bal-
timore and Potomac Railroad Company shall have power
only to construct from the said Baltimore and Potomac
Railroad one lateral road within the said District to some One
lateral
point or terminus within the city and county of Washing-
road only to be
constructed.
ton, to be determined in the manner hereinafter mentioned.
SEC. 2. And be it further enacted, That before the Bal-
Before locat-
timore and Potomac Railroad Company aforesaid shall pro-
ing road upon,
or using mate-
ceed to construct any railroad which they may lay out or
rials from, lands
of another, the
locate on, through, or over any land or improvements, or assent of
the
owner to be ob-
to use, take for use, any earth, stone, or other materials tained.
necessary for the construction of said road, on any land
Proceedings
where owner is
within the said District, they shall first obtain the assent absent
or under
of the owner of such land, improvements, or materials; or terms
disability, or
cannot
be
if such owner shall be absent from said District, or shall agreed upon.
refuse to give such assent on such terms as the said com-
pany shall approve, or because of infancy, coverture, in-
sanity, or any other cause, shall be legally incapable of
giving such assent, then it shall be lawful for the said com-
pany to apply to a justice of the peace of the county of
Washington, who shall thereupon issue his warrant, under
his hand and seal, directed to the marshal of the said Dis-
trict, requiring him to summon a jury of twenty citizens Jury.
of the District, none of whom shall be interested or related
to any person in the land or materials required for the con-
struction of the said railroad, or a stockholder, or related
to any stockholder in the said company, to meet on the land,
or near to the other property or materials so required, on
a day named in such warrant, not less than ten nor more Notice.
than twenty days after issuing the same, to proceed to
value the damages which the owner or owners of any such
land or other property will sustain by the use or occupa-
tion of the same required by the said company, and the
proceedings, duty, and authority of the said marshal in
Proceedings as
to warrant and
regard to such warrant and jury, and the oath or affirma- jury
tion to be administered, and inquisition to be made and re-
turned, shall be the same as are directed and authorized in
regard to the sheriff by the thirteenth section of the said
act of the General Assembly of the State of Maryland, in-
corporating the said Baltimore and Potomac Railroad Com-
pany; and all the other proceedings in regard to such jury,
and the estimating and valuation of damages, and the pay- as to estimating
ment or tender of payment of any damages ascertained by damages,
and valuation of
&c.
such valuation and effect thereof, and of the view of any
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CANALS AND STEAM RAILROADS.
lands, or other property, or materials, as to giving the
said company a right to use the same for the use or con-
struction of any railroad within the said District, as hereby
authorized, shall in every case and in every respect be the
same as is provided in and by the above-mentioned act of
corporation, in regard to the railroad thereby authorized
Proviso.
to be constructed by the said company: Provided, That
whenever, by the said act, the inquisition of the jury is re-
quired to be returned to the clerk of the circuit court, to
be confirmed by the said court at its next session, if not
sufficient cause to the contrary is shown, the inquisitions
under this act shall be returned by the marshal to the su-
preme court of the District of Columbia, which court shall
have the same jurisdiction and powers over the subject-
matter as the said circuit court have under the act afore-
said.
Crossing or in-
SEC. 3. And be it further enacted, That whenever the
tersecting streets
or ways.
said company, in the construction of a railroad into or
within the said District, as authorized by this act, shall
find it necessary to cross or intersect any established road,
street, or other way, it shall be the duty of the said com-
pany so to construct the said railroad across such estab-
lished road, street, or other way, as not to impede the
passage or transportation of persons or property along the
same; and where it shall be necessary to pass the said rail-
road through the land of any individuals within the said
District, it shall be the duty of the said company to pro-
Wagon ways vide for such individuals proper wagon ways across the
across railroad.
said railroad, from one part of his [their] land to another;
but nothing herein contained shall be so construed as to
authorize the entry by said company upon any lot or square,
Lots,
&c., or upon any part of any lot or square owned by the United
owned by the
United States
States within the limits of the city of Washington, for the
not to be entered
purposes of locating or constructing the said road, or of
upon or used.
excavating the same, or for the purpose of taking there-
from any material, or for any other purpose or uses what-
soever; but the said company, in passing into the District
aforesaid, and constructing the said road within the same,
Road to enter
Washington and
shall enter the city of Washington at such place, and shall
pass where, etc.
pass along such public street or alley, to such point or ter-
minus within the said city as may be allowed by Congress
upon presentation of survey and map of proposed location
Level and of said road: Provided, That the level of said road within
grade of road in
Washington.
the said city shall conform to the present graduation of
the streets, unless Congress shall authorize a different level.
Rates for tolls
SEC. 4. And be it further enacted, That the rate actu-
and transporta-
tion.
ally charged and received on all that part of said road
within the District shall not exceed eight cents per ton per
mile for both tolls and transportation, and shall be the
Proviso.
same each way: And provided also, That the privileges
granted by this act to the aforesaid railroad company shall
be upon the condition that the said company shall charge
the same rate of toll upon the same articles going either
way between Baltimore and Washington.
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SEC. 5. And be it further enacted, That the said com-
The company
may make spe-
pany are also hereby empowered to make such special con- cial contract
for
tract with any duly authorized officer or agent of the
carrying the
mail, and trans-
United States for the conveyance of the mail, or the trans- porting
persons
or property for
portation of persons or property for the use of the United theUnitedStates.
States, on any railroad which has been or shall be con-
structed by the said Baltimore and Potomac Railroad Com-
pany, on such terms as shall be approved of by the com-
petent officer or authority, and in all such instances to
receive the compensation so agreed for, according to the
terms of each contract.
SEC. 6. And be it further enacted, That the said railroad Passenger
fares
within the Dis-
company may charge and receive for taking up and setting trict.
down any passenger or traveler, within the District, con-
veyed a shorter distance than four miles, a sum not exceed-
ing twelve cents.
SEC. 7. And be it further enacted, That unless the said
Lateral road to
be commenced
company shall commence the said lateral road within two
in two years and
years, and complete the same with at least one set of tracks, four.
completed in
within four years from the passage of this act, then this
act, and all rights and privileges thereby granted, shall
cease and determine.
SEC. 8. And be it further enacted, That nothing herein
Congress may
grant to other
contained shall be so construed as to prevent the Congress of corporations
privileges like
the United States from granting the same or similar privi- those in this act;
leges to those hereby granted, to any other company or com-
panies incorporated or to be incorporated by the State of
Maryland, or by Congress, or from authorizing, by any
future law, such additional railroads or roads, in connec-
may authorize
additional rail-
tion with the said road, SO as to extend the same road, or roads or roads;
to construct others connected therewith, to such parts of
the District as from time to time may be required by the
convenience of those parts of the District into which the
said company are now restrained from carrying said road,
or from enacting such rules and regulations, prescribing
may prescribe
the speed of cars or carriages passing over said road, and
rules as to speed
of cars, &c., and
any other matters relating thereto, necessary for the se- the
security of
curity of the persons and property of the inhabitants of property.
persons and
the District, in such manner as to the present or any future
Congress shall seem expedient: And provided, nevertheless,
No rightsgiven
That nothing herein contained shall be construed to give trict.
beyond the Dis-
any rights or privileges to the said company beyond the
limits of the District of Columbia: And provided further, altered Act may
be
or
re-
That Congress shall have power to alter, amend, or repeal pealed.
this act.
Approved, February 5, 1867.
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CANALS AND STEAM RAILROADS.
ALEXANDRIA, WASHINGTON, AND GEORGE-
TOWN RAILROAD COMPANY.
March 2, 1867.
AN ACT to grant certain privileges to the Alexandria, Washington,
and Georgetown Railroad Company, in the District of Columbia.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
the consent of Congress be, and the same is hereby, granted
The Alexan-
dria, Washing-
to the Alexandria, Washington, and Georgetown Railroad
ton, &c., R. R.
Co. may use
Company to use steam power in drawing the cars of said
steam
power
to company on the structure across the Potomac river, erected
draw their cars,
&c.
by said company, under the provisions of the act entitled
"An act to extend the charter of the Alexandria and Wash-
ington Railroad Company, and for other purposes," ap-
proved March three, eighteen hundred and sixty-three,
1863, ch. 110.
and along the railway now laid by said company, or which
Vol.
xii,
p.
805. may be hereafter laid, under the provisions of the said
act, along Maryland Avenue, in the city of Washington,
to the present depot of the Washington branch of the
Baltimore and Ohio railroad, subject always, and in all
particulars, to such restrictions and regulations concerning
Corporation of the use of such steam power as the corporation of Wash-
Washington may
make regula-
ington may, by its ordinances, at any time impose upon,
tions.
or at any time require of, the said railroad company.
Approved, March 2, 1867.
BALTIMORE AND POTOMAC RAILROAD COM-
PANY.
March 18, 1869. AN ACT supplementary to an Act entitled "An Act to authorize
1867, ch. 29.
the Extension, Construction, and Use of a lateral Branch of the
Vol. xiv, p. 387.
Baltimore and Potomac Railroad into and within the District of
1870, ch. 32, 142.
Columbia," approved February 5, 1867.
Post, pp. 78, 161.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Potomac R.R.Co.
Baltimore and That the Baltimore and Potomac Railroad Company, which,
may
enter
Wash- by the act of Congress entitled "An act to authorize the
ington, &c., by
either of two
extension, construction, and use of a lateral branch of the
routes.
Baltimore and Potomac railroad into and within the District
of Columbia," was authorized to extend into and construct
within the District of Columbia the lateral branch of its
road in said act of Congress mentioned, may enter the city
of Washington with their said railroad and construct the
same within the limits of said city on and by whichever
one of the two routes herein designated the said company
may elect and determine upon, that is to say:
First route.
First. Beginning at the intersection of Boundary Street
and North Carolina Avenue; thence southwestwardly along
said North Carolina Avenue to South D Street; thence
along South D Street westwardly to Virginia Avenue;
thence along Virginia Avenue northwestwardly to the
intersection of South C Street and West Ninth Street; or,
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Second. Beginning at some point on the northern shore
Second route.
of the eastern branch of the Potomac river between South
L and South M streets; thence westwardly between said
streets to the intersection of Virginia Avenue with South
L and East Twelfth streets; thence along said Virginia
Avenue northwestwardly to South K Street; thence along
said South K Street westwardly to South Fourth Street;
thence by a line curving to the right, to the north bank of
the canal; and thence along the said bank of the canal north-
westwardly to Virginia Avenue; thence along Virginia
Avenue northwestwardly to the intersection of South Cand
West Ninth streets.
SEC. 2. And be it further enacted, That in all cases where
Settlement of
land and other
the parties owning land or other property required by the damages.
said Baltimore and Potomac Railroad Company cannot
agree with said company on the amount of damage claimed,
either for said land or materials in the construction of its
aforesaid road, and a condemnation and valuation shall
have been made as provided in the act approved February
five, eighteen hundred and sixty-seven, and to which this
act is amendatory, either party may appeal to the supreme
court of the District of Columbia within thirty days from
Provision in
the rendition of the verdict of the jury; and in all cases by
cases of appeals
the company;
where the said company shall take an appeal they shall
give bond to the party or parties claiming and entitled to
damages in a penalty at least double the sum found by the
jury, with a condition that the said company shall pay or
cause to be paid such amount of damages and costs as the
party may be entitled to receive on the judgement of the
said supréme court, without delay, and on which bond
ample and sufficient sureties shall be given, to be approved
by the supreme court; and in all cases where the party or ants.
by the claim-
parties claimant shall appeal, the said company, if it shall
require the immediate use of the property condemned and
valued as aforesaid, before an appeal can be heard and
decided, it shall be lawful for the said company to execute
and tender a bond to the party aforesaid in at least double
the sum found by the jury, with sureties to be approved
by the supreme court, and with a condition to pay without
delay such sum and costs as may be awarded by the said
court without further delay; and upon the delivery or
tender of such bond the said company may proceed to the
The
company
may proceed to
construction of their said road as if the parties claimant
construct the
and the said company had agreed upon the compensation
road, pending
the appeal, upon,
to be paid for the property to be used; and that in all &c.
cases where the said company shall appeal and give bond
as aforesaid, they may have the power to proceed in the Where
price is
construction of the road and appropriation of the property to be
agreed, amount
paid
be-
for the uses thereof. as if no appeal had been taken and the fore taken. property
is
parties had agreed upon compensation for the property
required; in all cases where the company and parties agree
upon the price to be paid for land and materials, the same
shall be paid before the property shall be taken and used.
SEC. 3. And be it further enacted, That the said Balti-
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CANALS AND STEAM RAILROADS.
Appeal to the
supreme court of
more and Potomac Railroad Company and any other party
the District.
or parties interested, and who may consider themselves
aggrieved by the verdict of the jury, shall have the right
to appeal to the supreme court of the District of Columbia,
Jurisdiction of which shall have jurisdiction of all such cases, and shall
the court.
hear and determine the same, after notice to all parties,
Judgment.
without the intervention of a jury, and the judgement of
the said court shall be final.
When act takes
effect.
SEC. 4. And be it further enacted, That this act shall
take effect from the date of its passage.
Approved, March 18, 1869.
NATIONAL JUNCTION RAILWAY COMPANY.
March 29, 1869. CHAP. V.-An Act to incorporate the National Junction Railway
Company.
Be it enacted by the Sinate and House of Representatives
tion Railway
National June- of the United States of America in Congress assembled, That
Company incor- James A. Magruder, John L. Kidwell, C. H. Cragin,
porated.
[Act
amended, John W. Thompson, Hallet Kilbourn, Alexander R. Shep-
1870,ch.165. Post, ard, and William H. Tenney, of the District of Columbia,
p. 167.]
together with such other persons as may become associated
with them for that purpose, together with their successors,
are hereby created and erected into a body corporate and
politic, in deed and in law, by the name and title of the
National Junction Railway Company, and by that name
have perpetual succession, and shall be able to sue and to
be sued, to plead and be impleaded, to defend and be de-
fended, in the courts of law and equity within the District
of Columbia, and may use a common seal, and may adopt
by-laws for the regulation of its government.
Powers of cor-
SEC. 2. And be it further enacted, That the said corpo-
poration.
ration is hereby fully authorized and empowered to survey,
locate, lay out, construct, collect tolls upon, maintain, and
enjoy a railway line, with appurtenances and machinery
necessary for one or more tracks, within the District of
Line of rail- Columbia, commencing at the northern terminus of the
way. [Location aqueduct bridge, in the city of Georgetown, or at some
changed.
p. 167.]
Post, eligible point on the south shore of the Potomac river
above and near said bridge; thence in a northeasterly di-
rection by the most feasible route crossing Rock creek,
entering the city of Washington, and passing through
either S, T, or U Street west, [north,] around the city of
Washington, crossing the branches of the Baltimore and
Ohio railroad upon the legally established grades of the
city, in such a manner as not to be dangerous to passengers
and trains on either road; thence to a point most feasible
on the Potomac river, or eastern branch of the same, at or
near the navy yard, at a point to be indicated by the Sec-
retary of the Navy, with the rights, powers, and privileges
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to construct the said road, the grades of the road to be
Grades to be
approved.
approved by the authorities of the cities of Washington
and Georgetown; also the privileges of locating and con-
structing a grand Union depot on the line of said road, at depot.
Grand
Union
some point between Third Street west and Fourteenth
Street west, in Washington city; also a similar depot at
Other depot.
some convenient point in Georgetown, near the said
aqueduct.
SEC. 3. And be it further enacted, That the capital stock
Capital stock.
Number of
of said National Junction railway shall consist of five thou-
shares and how
sand shares of one hundred dollars each, which shall in all
transferable.
respects be deemed personal property, and shall be trans-
ferable in such manner as the by-laws of said company
shall provide.
SEC. 4. And be it further enacted, That it shall be law-
Company may
borrow money
ful for the said National Junction Railway Company, if
and issue bonds
deemed necessary, to borrow from time to time sums of gage,
secured by mort-
&c.
money not exceeding five hundred thousand dollars, and
to issue bonds therefor, bearing interest not exceeding
seven per centum, payable semiannually, and to mortgage
as security therefor all the corporate rights, franchises,
property, real and personal, of whatever kind soever, be-
longing to said company.
SEC. 5. And be it further enacted, That the persons
Books for sub-
scription of
herein named as corporators, or a majority of them, shall, stock.,
within ninety days after the passage and approval of this
act, meet in the city of Washington for the purpose of
prescribing regulations for opening books of subscription
to said capital stock, at such times and place as they may
designate, by public notice of at least ten days in two daily
papers in the city of Washington; and said books shall be
kept open until two hundred thousand dollars of said stock
shall be subscribed, and twenty per centum on all sub-
scriptions shall be paid in lawful money at the time of
subscribing, to the person or persons authorized by the
corporators to receive the same; and whenever that amount
shall have been subscribed, and twenty per centum of the
same paid in as above described, it shall be the duty of the
above-named corporators (a majority of them shall con-
stitute a quorum for the transaction of business) to call a
meeting of the stockholders, at the city of Washington,
First meeting
for the election
for the purpose of electing directors of the said corpora- of
directors.
tion, and each share of said stock on which the said twenty
per centum has been paid as hereinbefore provided shall
entitle the owner to one vote. The corporators herein
named shall designate a majority of their number to act
as inspectors of elections; which majority of inspectors so
Inspectors of
election.
designated shall certify, under their names, the directors
thus duly elected, and shall notify them of their election
and the time and place of the first meeting of the said
board of directors. At such meeting the above corpora-
Corporators to
deliver to direc-
tors shall deliver to the said directors the books of sub-
tors subscription
books, &c..
scription to the stock of said National Junction Railway
Company, together with the amount paid thereon, with a
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CANALS AND STEAM RAILROADS.
full report of their proceedings under this act, and there-
upon the duties of the corporators hereinbefore named
shall cease and determine forever; and thereafter the said
Directors
and directors, with their successors or assigns, shall constitute
successors to
constitute
the the said body politic and corporate. The directors thus
corporation:
their term of of-
chosen shall hold their office for one year and until others
fice.
are elected and qualified to fill their places. A majority
Quorum.
of said directors shall constitute a quorum for the transac-
tion of business.
Officers, agents
SEC. 6. And be it further enacted, That the said directors
and employeesof
the corporation.
shall, at their first meeting, elect from their own number
a president and vice-president. They may also, from time
to time, elect a treasurer, a secretary, chief engineer, and
a general superintendent, together with such other officers,
agents, and employees as they may deem necessary, each
of whom shall hold office or position during the pleasure
of said board of directors. The directors shall have power
Vacancies.
to fill all vacancies in the board which may be caused by
death or resignation, except as hereinbefore provided for.
Bonds.
The treasurer and secretary shall give bonds with security,
Annual meet- as the board shall from time to time require. Meetings
ings of stock-
holders.
of the stockholders of the said corporation for the elec-
tion of directors, and for the transaction of business, shall
be holden annually, and at such other times and upon such
notice as may be prescribed by the by-laws. The directors
of the said corporation may require the subscribers to the
Payment
capital stock to pay the amount by them subscribed, re-
capital stock.
spectively, at such times, in such manner, and in such
instalments as they may deem proper; and if any stock-
holder shall refuse or neglect to pay any instalment, as
required by a resolution of the board of directors, the
non-payment, Forfeiture for said board may forfeit said stock for non-payment, and
&c.
all previous payments shall revert in law and in equity to
the said corporation under such regulations, or may sue
for and collect the unpaid instalments in any court of com-
petent jurisdiction.
Corporation
may purchase
SEC. 7. And be it further enacted, That the said corpo-
and
hold
real ration is hereby empowered to purchase, lease, receive, and
estate;
hold such real estate or other property as may be neces-
sary for accomplishing the objects of this act, and may by
their agents, engineers, contractors, or workmen immedi-
may take pos-
session of prop-
ately enter upon, take possession of, and use all such real
erty,
necessary, estate and property as may be necessary for the construc-
&c.
tion, maintenance, and operation of said railroad and the
accommodations appertaining thereto. But all real estate
or property thus entered upon and appropriated by said
railroad, and the accommodations appertaining hereto,
Proceedings which are not donations, shall be purchased by said cor-
when the corpo-
ration and own-
poration of the owner or owners of the same at a price to
ers of property
be mutually agreed upon between them; and in case of a
can not agree
upon
the
price.
disagreement as to price, the said corporation, or the
owner or owners of such real estate or property, shall
apply by petition to a justice of the supreme court of the
Petitions to
court.
District of Columbia, particularly describing the property;
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and the said justice, upon receiving such application, shall
cause such notice to be given to the other party as he shall
deem proper and sufficient, appointing therein a time and
place for hearing the parties; at which time and place,
Hearing.
upon proof that the notice directed has been given, the
said justice shall direct the manner of ascertaining the
true value of said real estate or other property, together
with the damages which the owner or owners thereof have
sustained, or may sustain by reason of the appropriation,
occupation, and use thereof by the said corporation; and
the said justice shall appoint not less than three nor more
than seven competent and disinterested commissioners,
Commission-
ers.
who shall be freeholders in the District of Columbia, and
at least one of them shall be a resident of the municipal
corporation in which said real estate or other property
may be situated, and who shall, under the direction of said
justice, view said premises or property, take such testi-
mony as they may deem proper, make appraisement, and
determine said damages, and report the same under oath
Damages and
report.
and in writing to said justice. The report shall contain a
minute and accurate description of the real estate and other
property appraised, together with all the evidence taken
by the commissioners in the case. It shall be the duty of
Power of jus-
tice over the re-
said justice to examine the report of said commissioners, port;
and upon application of either party he shall give the
parties a hearing in relation thereto; and he shall have
power to increase or diminish said appraisal or damages
as to damages.
if he shall become satisfied upon such hearing that injustice
has been done. Upon proof to the said justice, to be made
within sixty days after his determination of payment to
the owner or owners, or depositing to the credit of the
owner or owners, or their legal representatives, in such
banking institution as said justice shall direct, the amount
of said award, and the payment of all expenses attending
the same, including an allowance of three dollars per diem
to each of the aforesaid commissioners, the said justice
Decree of the
shall order or decree, particularly describing said real court.
estate or other property, and reciting the appraisement of
damages and the mode of making it, together with such
facts as he may deem pertinent; and when the said order
Effect of decree
when recorded.
or decree shall be recorded in the recorder's office of the
county or city in which such real estate or other property
is situated, the said corporation, or its successors or assigns,
shall be legally or equitably seized and possessed of such
real estate or other property for the use and for the pur-
poses hereinbefore described. In case any married woman,
Property of per-
sons under disa-
infant, idiot, insane person, or non-resident of the district bility.
in which said real estate or other property may be situated,
shall be interested in such real estate or other property,
the said justice shall appoint some competent disinterested
person to appear before said commissioner and act for and
in behalf of such married woman, infant, idiot, insane
person, or nonresident.
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CANALS AND STEAM RAILROADS.
Wilful injury
to the property
SEC. 8. And be it further enacted, That if any person
of the company, shall wilfully do or cause to be done an[y] act or acts what-
punished by fine,
or, &c.
ever, whereby any building, structure, or other work, or
any engine, car, or machine, or other property appertain-
ing to said railroad shall be injured, impaired, or destroyed,
or stopped, the person or persons so offending shall be
guilty of a misdemeanor, and on conviction thereof by any
court of competent jurisdiction shall be punished by a fine,
at the discretion of the court, of not more than five thou-
sand dollars, or by imprisonment of not more than two
years, or both, at the discretion of the court, and also for-
feit and pay to the said company, its successors and assigns,
Damages.
the amount of damages sustained by means of such offences,
to be recovered by said company with costs of suit by any
action of debt or case.
Company
not SEC. 9. And be it further enacted, That said company
to grant exclu-
sive right to car-
shall not grant to any railroad or other corporation the
ry freight or
pas- exclusive right to transfer passengers or freight over said
sengers.
Equal
privi- railroad; but any privilege granted to one corporation
leges to all.
shall be extended to all who may make application for such
rights not to be
Corporate privilege on the same terms, conditions, and rates, and
sold to, &c.
shall not sell, transfer, or lease their corporate rights to
any company that will not check baggage or commute
fares with all connecting railroads upon the terms specified
in this section.
Road when to
SEC. 10. And be it further enacted, That the said cor-
be commenced
and completed.
poration shall, as soon as practicable after the election of
directors, as hereinbefore provided, so commence and
prosecute the work of constructing and equipping said
railroad that it shall be fully completed and equipped in
three years from and after the first board of directors
have been elected.
Congress may
SEC. 11. And be it further enacted, That Congress shall
regulate fares.
have the right to regulate the rate of fares collected by
said company from passengers and the rate of charges for
Taxation.
transporting freight; and all property owned by said com-
pany shall be subject to taxation by the proper municipal
authority.
Act may be
altered, &c.
SEC. 12. And be it further enacted, That this act may be
at any time amended or repealed.
Approved, March 29, 1869.
BALTIMORE AND POTOMAC RAILROAD
COMPANY.
March 25, 1870. AN ACT to extend the Time for the Completion of the lateral Branch
1867, ch. 29.
of the Baltimore and Potomac Railroad, authorized by the Act
Vol. xiv, p. 387
approved February fifth, eighteen hundred and sixty-seven, and to
change the Location in the City of Washington along the Bank of
the Canal.
Preamble.
WHEREAS a charter was granted by an act of Congress,
approved February fifth, eighteen hundred and sixty-
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CANALS AND STEAM RAILROADS.
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seven, giving to the Baltimore and Potomac Railroad
Company the privilege of constructing a lateral branch of
their railroad into the District of Columbia and the city See 1870,
ch.
of Washington; and whereas under the said act the time 142.
Post, p. 161, for
for the completion of said lateral branch was within four supplem n
ry
years from the passage of the act, and as the work on the act.
line of the road within the city of Washington is very
heavy and will consume a long time in its construction; and
whereas the work has already been delayed in submitting
the plans and location to Congress for their approval:
Therefore,
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the seventh section of the act to authorize the exten-
Seventh sec-
sion, construction, and use of a lateral branch of the Bal-
tion of act re-
pealed.
timore and Potomac railroad into and within the District
of Columbia be, and the same is hereby, repealed; and the
Time for com-
pletion of lateral
time for the completion of the said lateral branch of the
branch extend-
ed.
Baltimore and Potomac railroad be, and the same is hereby,
extended to the first day of February, eighteen hundred
and seventy-five.
SEC. 2. And be it further enacted, That the said com-
Line of road in
the city of Wash-
pany, if it shall so elect, is hereby authorized to adopt a ington.
line in the city of Washington from some point west of
1869, ch. 2.
Ante, p. 1.
East Fourth Street, in the line designated in the act of
Congress approved March eighteen, eighteen hundred and
sixty-nine, as passing along South K Street, thence cross-
ing to and passing along the south bank of the canal, to
South Capitol Street, and thence northwestwardly to Vir-
ginia Avenue, there intersecting and passing along the
line described in said act approved March eighteen,
eighteen hundred and sixty-nine, as passing along Vir-
ginia Avenue northwestwardly to the intersection of South
C and West Ninth Street.
Approved, March 25, 1870.
JOINT RESOLUTION in relation to the Baltimore and Potomac Railroad Company.
Approved May 30, 1870.
Whereas a charter has been granted by the Senate and House of
Representatives of the United States to the Baltimore and Potomac
Railroad Company to construct a railroad to and within the city of
Washington, District of Columbia, by act approved February 5, 1867:
And,
Whereas they did further, by supplemental acts approved March 18,
1869, and March 25, 1870, grant to the said Baltimore and Potomac
Railroad Company the option of two lines in the city of Washington,
one by Virginia avenue, K street, &c., and the other by North Caro-
lina and Virginia avenues, &c.; the said Baltimore and Potomac Rail-
road Company having now selected the Virginia avenue and K street
route, do herewith make application to the mayor and board of alder-
men and board of common council of the city of Washington for liberty
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CANALS AND STEAM RAILROADS.
to construct their railroad upon the Virginia avenue and K street
route, in conformity with the accompanying plat: Therefore,
Be it resolved by the board of aldermen and board of common council
of the city of Washington, That the Baltimore and Potomac Railroad
Company be permitted to construct that portion of their road entering
into and within the city of Washington at a point on the northern shore
of the Eastern Branch of the Potomac River, between south L and M
streets, as set forth in the accompanying plan and profiles; thence run-
ning westwardly between said street to the intersection of Virginia
avenue with south L and east Twelfth streets; thence along said Vir-
ginia avenue, by a tunnel under the surface, northwestwardly to south
K street; thence along south K street westwardly to east Third street;
thence by a line curving to the right, to either the north or south bank
of the canal hwestwardly to Virginia avenue; thence along Virginia
avenue northwestwardly to the intersection of south C and west Ninth
streets; and they are also permitted to change the grades of certain
streets at certain points, as designated on said profile and plans, so that
the grades shall conform to the blue figures on said plan, and shall be
SO laid down upon the books in the city surveyor's office as the estab-
lished grades: Provided, however, That any streets or avenues under
which the said railroad may pass shall be bridged or otherwise covered
by the said company at their proper expense; and whenever sewers,
gutters, curbstones, or sidewalks, flag footways, gas or water pipes,
are disturbed or moved by the said company, the same shall be rebuilt
in a proper and satisfactory manner at the expense of the said railroad
company, and without cost or loss to any citizen or the corporation of
Washington. (Approved May 30, 1870; Sixty-seventh Council, chap.
704, p. 274.)
June 21, 1870. AN ACT supplementary to an Act entitled "An Act to authorize the
1867, ch. 29.
Construction, Extension [Extension, Construction] and Use of a
Vol. xiv, p. 387.
lateral Branch of the Baltimore and Potomac Railroad Company
1869, ch. 2.
into and within the District of Columbia," approved February five,
Ante, p. 1.
1870, ch. 32.
eighteen hundred and seventy [sixty-seven].
Ante, p. 78.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Lateral branch
of Baltimore and
That the Baltimore and Potomac Railroad Company be,
Potomac
Rail- and they are hereby, authorized and empowered to extend
road may be ex-
tended, and con-
their lateral branch, authorized by the act to which this is
nect, &c.;
a supplement, and by former supplements to said acts, by
the way of Maryland Avenue, conforming to its grade, to
the viaduct over the Potomac river, at the city of Wash-
ington, known as the Long Bridge, and to extend their
tracks over said bridge, and connect with any railroads
constructed, or that may hereafter be constructed, in the
Bridge. may use Long State of Virginia. To effect these purposes the said Balti-
more and Potomac Railroad Company are hereby author-
ized and empowered to take possession of, hold, change,
and use the said bridge, and the draws connected therewith,
Long Bridge to
be kept in repair,
in perpetuity free of cost: Provided, That the said Balti-
and free for
ordi- more and Potomac Railroad Company will maintain in
nary travel.
good condition the said bridge for railway and ordinary
travel; and the bridge shall at all times be and remain a
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CANALS AND STEAM RAILROADS.
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free bridge for public use for ordinary travel: And pro-
vided further, That the said Baltimore and Potomac Rail-
road Company shall erect and maintain the drawbridges,
Drawbridges.
so as not to impede the free navigation of the Potomac
river, in efficient working condition at all times; and that,
until such time as the needful changes are made to accom-
modate railroad and other traffic, as contemplated by this
supplement, it shall be the duty of the said Baltimore and
Potomac Railroad Company to repair without delay all
Repairs, &c.,
without cost to
damages to the present bridge, and maintain it without cost the
United
to the United States: Provided, [That] said railroad com-
States.
pany shall give other railroad companies the right to pass
Other railroad
over said bridge upon such reasonable terms as may be
companies may
pass over bridge.
agreed upon, or Congress prescribe.
SEC. 2. And be it further enacted, That if the said Bal-
timore and Potomac Railroad Company shall at any time
United States
may take posses-
neglect to keep said bridge in good repair, and free for
sion of bridge if
public use for ordinary travel, the government of the
not kept in re-
pair, free, &c.
United States may enter into possession of the said bridge;
and Congress reserves the right to alter or amend this This act
may
law.
be amended.
Approved, J une 21, 1870.
NATIONAL JUNCTION RAILROAD.
AN ACT to amend an Act incorporating the National Junction
June, 28 1870.
Railway Company.
1869, ch. 5.
Ante, p. 3.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
the second section of "An act to incorporate the National
Location of
Junction Railroad Company," approved March twenty-
road of National
Junction Rail-
ninth, eighteen hundred and sixty-nine, be so amended changed. way
Company
that the said corporation be, and is hereby, authorized and
empowered to survey, locate, lay out, construct, collect
tolls upon, maintain, and enjoy a railroad line, with appur-
tenances and machinery necessary for one or more tracks,
within the District of Columbia, either upon the route
specified in said section, or in the following manner, to
wit: Commencing at the northern terminus of the Aque-
duct bridge, in the city of Georgetown; thence in an east-
erly or northeasterly direction, by the most feasible route,
to Rock Creek; thence along said creek, or parallel thereto,
to its junction with the Potomac river; thence along said
river bank, or parallel thereto, to the foot of Twenty-sixth
Street of Washington city; thence on the south side of the
Chesapeake and Ohio canal, to its terminus; thence by the
most direct and eligible route, southerly of and avoiding
the public grounds, to the intersection of Virginia Avenue
and South Capitol Street, conforming to the grade of such
streets and avenues as the road may pass over; thence to
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CANALS AND STEAM RAILROADS.
the eastern branch of the Potomac river, at or near the
navy yard, at a point to be indicated by the Secretary of
the Navy. Together with a branch road from the main
one, commencing at the intersection of Virginia and Dela-
ware avenues; thence to a point on First Street east, on city
trade; thence under said street, by an underground excava-
tion or tunnel, to a junction of the Metropolitan and Wash-
ington branch of the Baltimore and Ohio railroads. Also
Union depot.
the privilege of location and construction of an union depot
on the main line of said road; the power to condemn ground
for the location of the same, granted in the seventh section
of said act, being hereby restricted to two acres in area.
Depot
at Also a depot at some convenient point in Georgetown near
Georgetown.
the Aqueduct.
Bridges across
SEC. 2. And be it further enacted, That whenever the
the Chesapeake
and Ohio Canal,
said railroad shall cross the Chesapeake and Ohio canal, or
&c., how to be
constructed.
the Washington canal, or branches or connections of either
of them, such bridges shall be constructed by said railroad
company so as not to impede or obstruct the navigation of
said canals or either of their branches.
Right of way
SEC. 3. And be it further enacted, That the right of way
to coincide with
grades of rail-
hereby granted shall be so located as to coincide with the
roads, &c.
grade of any railroad to which the right of way has here-
tofore been granted.
Approved, June 28, 1870.
BALTIMORE AND POTOMAC RAILROAD COM-
PANY.
March 3, 1871. AN ACT supplementary to "An Act to authorize the Extension, Con-
1867, ch. 29.
struction, and Use of a lateral Branch of the Baltimore and Potomac
Vol. xiv, p. 387.
R. R. Co., in, to, and within the District of Columbia," approved
February fifth, eighteen hundred and sixty-seven.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Potomac Rail-
Baltimore and That the Baltimore and Potomac Railroad Company be,
road
Company
and they are hereby, authorized to erect over their tracks
may erect a pas-
senger depot
on Virginia Avenue, between west Sixth Street and west
building.
Seventh Street, in the city of Washington, a passenger
depot building, covering the following described area, to
Location.
wit: commencing at the intersection of the building line
of south side of south C Street produced and the building
line of east side of west Seventh Street produced, thence
along last-mentioned line southward to a point, thence by
line parallel with and forty feet distant northward from
building line of southerly side of Virginia Avenue to a
point in building line of west side of west Sixth Street
produced, thence by last-mentioned line northward to a
point, thence by line parallel with and forty feet distant
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CANALS AND STEAM RAILROADS.
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southward from building line of northerly side of Vir-
ginia Avenue to a point, thence northward by line parallel
with and eighty feet distant eastward from the building
line ofeast side of west Seventh Street produced to a point
in building line of south side of south C Street produced,
thence by last-mentioned line westward to the place of
beginning; which shall be of the same style of architec- Style.
ture as the depot of the Pennsylvania Railroad Company,
at the city of Lancaster, in the State of Pennsylvania:
Provided, That the assent of the municipal authorities of Assent of
mu-
nicipal authori-
the city of Washington or of the District of Columbia be ties to be first
ob.
first obtained to the erection of said depot.
tained.
Approved, March 3, 1871.
GRADING MARYLAND AVENUE.
AN ACT to regulate the grade of Maryland avenue from the end of Approved
the Long Bridge to Twelfth street.
March 3, 1871 (16
Stats. L., 585).
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
the Baltimore and Potomac Railroad Company are hereby
authorized, at the expense of said company, to change the
grade of Maryland avenue so as to establish a descending May
change
grade of one and seventy-five one-hundredths feet per one land
grade of Mary-
avenue.
hundred feet from the centre of Twelfth street south to the
centre of Thirteen and a half street south, and a descend-
ing grade of one and thirty one-hundredths feet per hun-
dred feet from the centre of Thirteen and a half street
south to the top of the abutment of the Long Bridge over
the Potomac River, as newly constructed, the present grade
at the centre of Twelfth street south to be reduced two
feet, and the level of the top of the new abutment of the
Long Bridge not to be more than nine feet above the
height of the old abutment:
Provided, That if any actual damage shall be sustained To
pay
ages to POP
by the owners of any property on said avenue, or on the owners.
streets connecting therewith, by reason of such change of
grade, said railroad shall pay such damages as shall be sus-
tained, to be recovered in any court of competent juris-
diction in the District of Columbia:
Provided further, That such change of grade shall be Change of
grade to be un-
made under the supervision of the proper municipal der supervision
authorities of the city of Washington or of the District of of thorities. municipal
au-
Columbia, and in the manner to be approved by said muni-
cipal authority.
Approved March 3, 1871. (16 Stats. L., p. 585.)
S. Doc. 220-6
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CANALS AND STEAM RAILROADS.
JOINT RESOLUTION giving the assent of the corporation of Washington to the
location of the depot of the Baltimore and Potomac Railroad Company.
Be it resolved by the board of aldermen and board of common council
of the city of Washington, That the assent of the corporation of Wash-
ington is hereby given to the Baltimore and Potomac Railroad Com-
pany to erect a depot on Virginia avenue, between Sixth and Seventh
streets west, in accordance with the act of Congress entitled "An act
supplementary to 'An act to authorize the extension, construction, and
use of a lateral branch of the Baltimore and Potomac Railroad Com-
pany into and within the District of Columbia, approved February 5,
1871,' approved March 3, 1871."
Approved March 9, 1871, 68th Council, chap. 420, p. 152.
AN ACT assigning a site for a passenger depot to the Baltimore and Potomac Rail-
road Company.
Be it enacted by the board of aldermen and board of common council
of the city of Washington, That the Baltimore and Potomac Railroad
Company, for the purpose of suitably accommodating public passenger
travel, is hereby authorized to extend the tracks of its road from Vir-
ginia avenue northwardly, along Sixth street west to the canal, and
thence across the canal and along the front west of Sixth street to
north B street, and to occupy and use, for the purposes only of a pas-
senger depot and express, the grounds between said Sixth street, B
street, and the north line of the canal: Provided, That the said com-
pany shall erect, at its own expense, a good and substantial bridge over
the canal, at an elevation of
feet above the canal, which bridge
shall be built west of the west building line of Sixth street: Provided
further, That said company shall use on Sixth street only a flat rail,
like that used for street railways, and shall erect a depot of the same
style of architecture of the depot of the Pennsyly Railroad Com-
pany at Lancaster, Penn.: And provided further, That the act approved
March -, 1871, giving the assent of this corporation to the erection
of a passenger depot of the Baltimore and Potomac Railroad Company
on Virginia avenue, between Sixth and Seventh streets west, or on any
part of said avenue, be and the same is hereby repealed, to take effect
whenever Congress shall ratify and approve this act, otherwise to
remain in full force and virtue.
Approved March 23, 1871; Sixty-eighth council, chap. 447, p. 160.
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CANALS AND STEAM RAILROADS.
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BALTIMORE AND OHIO RAILROAD COMPANY; ALEXAN-
DRIA AND WASHINGTON RAILROAD COMPANY; BALTI-
MORE AND POTOMAC RAILROAD COMPANY; NATIONAL
JUNCTION RAILROAD COMPANY.
LEGISLATIVE ASSEMBLY.
AN ACT in relation to the Baltimore and Ohio, Alexandria and Washington, Balti-
more and Potomac, and National Junction Railroad.
Be it enacted by the legislative assembly of the District of Columbia,
That no locomotive engines or railroad cars of any description shall
be run, driven, or propelled over or upon any railroad track or tracks
within the cities of Washington or Georgetown at a greater speed than
at the rate of 6 miles an hour, under the penalty of $50 for each and
every violation of any of the provisions of this section to be forfeited
and paid by the railroad company owning or using such locomotive
engine railroad car, or the engineer or conductor in whose charge
said locomotive engine or railroad car may be, severally and respec-
tively: Provided, That this section shall not apply to any car or engine
while running through any tunnel under the cities of Washington and
Georgetown, or any part thereof.
SEC. 2. And be it further enacted, That the Baltimore and Ohio,
Alexandria and Washington, Baltimore and Potomac, and National
Junction Railroad Companies are hereby directed and required (to
keep in the day time every point where any public street crosses the
railroad track or tracks of said railroad companies a person stationed
with a red flag, and in the evening, until arrival or departure of the
last train at night, at all the street crossings, a person with a flag and
lighted lamp or lantern with red glass) to give warning of the
approach of the locomotive engines and railroad cars, of any descrip-
tions, of said companies, under the penalty of $10 for every time any
locomotive engine or railroad car shall pass (at any such crossings with-
out such persons being stationed), and such warning being given,
to be forfeited and paid by the said company, or the engineer or con-
ductor in whose charge such locomotive engine or railroad car may
be severally and respectively.
SEC. 3. And be it further enacted, That no railroad, locomotive engine,
or railroad car or train of cars, shall encumber or obstruct any sidewalk
or cross walk, or any street, in the cities of Washington or George-
town, for a longer period than is absolutely necessary for the safe and
expeditious discharge of passengers only, under the penalty of $25 for
each offense, to be forfeited and paid by the railroad company owning
or using such locomotive engine or railroad car, or train of cars, or the
agent, engineer, or conductors in whose charge such locomotive engine,
railroad car, or train of cars, may be, severally and respectively.
SEC. 4. And be it further enacted, That no railroad company shall
lay down any rail or rails, or railroad track or tracks, or shall alter the
grade or location of any rail or rails, or railroad track or tracks, in,
across, or along any street in the cities of Washington or Georgetown
except when directed and required by the board of public works to
alter the grade or location thereof, without having first given twenty
days' notice to the board of public works of the desire and intention of
the said railroad company to lay down or alter the grade or location
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CANALS AND STEAM RAILROADS.
of such rail or rails, railroad track or tracks, except when replacing a
worn or broken rail, under the penalty of $50 for each and every VIO-
lation of any of the provisions of the section, to be forfeited and paid
by the said company, or the person or persons laying or altering the
same, severally and respectively.
SEC. 5. And be it further enacted, That that portion of the street
lying or being between the rails or tracks and 2 feet from the outside
rail or track of any railroad company shall be paved in the same man-
ner as the rest of the street or avenue in which such rails or tracks
may be laid.
SEC. 6. And be it further enacted, That rail or rails, track or tracks,
of said companies shall be laid as shall least obstruct the free passage
of vehicles and carriages over the same, and the upper surface of the
rails shall be laid flush with the surface of the streets, and shall con-
form to the grades thereof as now established, or as they shall from
time to time be re-established or altered, the same to be done at the
expense of the said companies; and in all streets or parts of streets
which are not paved the rails shall be so laid in such manner as shall
least interfere with the public travel thereon, and as shall be authorized
and approved by the District government engineer. The railroad com-
panies or their agents shall be required to keep the surface of the
streets inside of the rails in good order and repair, and all snow, ice,
dirt, and filth cleaned and removed from such portions of the street at
the expense of said companies and in such manner as not to obstruct
travel in any part of the street, under the penalty of $50 for each and
every violation of any of the provisions of this section, to be forfeited
and paid by the said company or the person or persons so violating.
SEC. 7. Be it further enacted, That it shall be the duty of the Board
of Public W orks to notify said railroad companies to lower or raise the
rail or rails, or their track or tracks, as the case may require, in accord-
ance with the sixth section of this act; and in case of a failure of said
railroad companies to comply with the terms thereof within ten days
after said notice, which shall be in writing, then it shall and may be
lawful for the Board of Public Works to take up and relay and repair
said railroad track or tracks, and assess and collect the same from said
neglecting company or companies.
SEC. 8. And be it further enacted, That all acts or parts of acts incon-
sistent with this act be, and the same are hereby, repealed. (Approved
August 23, 1871; Acts first legislative assembly, chap. 73, p. 107.)
BALTIMORE AND POTOMAC RAILROAD COMPANY.
AN ACT granting certain privileges to the Baltimore and Potomac Railroad Company.
Be it enacted by the legislative assembly of the District of Columbia,
That the Baltimore and Potomac Railroad Company be, and are hereby,
authorized and empowered to lay a temporary railroad track, to remain
for one year after the passage of this act and no longer, from a point
on Virginia avenue, in the city of Washington, to and along First
street west to the Baltimore and Ohio Railroad Company, and use and
occupy the same for railroad purposes; the rails to be of the same
pattern as those used by the horse railroad companies; and the said
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Baltimore and Potomac Railroad Company shall keep the street in
repair between the rails and two feet each side of the same: Provided,
That the said Baltimore and Potomac Railroad Company shall not
transfer this franchise to any other person or company: And provided
further, That the legislature of the District of Columbia reserve the
right to repeal or amend this act at its pleasure.
Approved January 13, 1872; First legislative assembly, special ses-
sion, II, chap. 12, p. 278.)
AN ACT to confirm the Action of the Board of Aldermen and Common May 21, 1872.
Council of the City of Washington, designating a Depot Site for the
Baltimore and Potomac Railroad Company, and for other Purposes.
Be it enacted by the Senate and House of Representatives
Baltimore and
of the United States of America in Congress assembled,
Potomac R. R.
Co. may extend
That the Baltimore and Potomac Railroad Company shall its
track in
have the right to extend its track from Virginia avenue city; Washington
along Sixth street to the open grounds between Sixth street
and B street north and the canal, described as follows:
Beginning at the southwest corner of Sixth street and B
street north, running west one hundred and fifty feet along
B street; thence south eight hundred and two feet to the
present line of the canal; thence east one hundred and fifty
feet to the line of Sixth street; thence north by line of Sixth
street to the place of beginning; and the said company shall,
80 far as the United States can so provide, have the right
to hold, use, and occupy the said grounds for the purpose
may use
of constructing thereon a passenger-depot, to be used by
grounds for a
passenger, &c.,
the said company for passenger and express-freight traffic,
depot.
and for no other purposes; and the said property so occu-
pied by said company, together with the improvements
which may be put thereon, shall be subject to tax by the
Tax, and how
District of Columbia the same as other property in the
applied.
District of Columbia, and to be used exclusively for the sup-
port of the public schools in said district; and the said com-
pany shall lay no more than two tracks along said Sixth
Tracks.
street, and as near as practicable in the centre of said street,
and as close together as practicable for the traffic and trains
to pass over them. The rails used for that purpose shall Rails.
be constructed as flat rails, like those used by street-rail ways,
so as to facilitate wagon and carriage travel over the same,
and the tracks and the space between the same shall be kept
paved with some suitable material by said company, and it
shall also pave, with proper material, at least two feet out-
side of said track; and upon the opening of a carriage-road
through the public reservation and crossing Sixth street,
the said company shall be, and is hereby, required to con-
struct, at its own cost and expense, a handsome iron bridge
Bridge over
of ample width and height to enable small carriages to
Sixth street,
when, &c.
pass over the said street freely and without danger, in such
manner and at such place as the officers or other persons
charged with the duty of opening the reservations or con-
necting the same as a public park shall direct; and the said
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Grade.
company shall then adapt the grade of said tracks to that
which at any time may be determined upon by the board
of public works, or other authority having the control of
grades of said Sixth street. Such changes of grade, how-
ever, shall not be made as will practically interfere with
or destroy the use of said depot by the regular trains of
Damages to
owners of pri-
said company: Provided, That the said company shall pay
vate property:
the owners of private property along the line of Sixth
street, north of Virginia avenue by which the said railroad
passes, any damage which the said property may sustain
by reason of the laying of its tracks along the said Sixth
street, and the said damages, if any, shall be ascertained
in manner and form as provided by the act of Congress
1867,
ch.
29,
Vol. xiv, p. 387.
$2. approved February fifth, eighteen hundred and sixty-seven,
entitled "An act to authorize the extension, construction,
and use of a lateral branch of the Baltimore and- Potomac
railroad into and within the District of Columbia," it being
understood that the question of damages herein referred
to shall be confined to the question of appreciation and
depreciation of the value of the property situated along
said street: And provided also, That the said railroad shall
pay all damages for which the city of Washington, or the
District of Columbia, or the United States may be liable
to individuals. to private parties now occupying the site herein described
and growing out of their being required to remove their
property from the same and surrender their right of occu-
pancy, and shall obtain possession at their own cost: And
Flagmen at
provided further, That while trains are moving to and
street-crossings,
when, &c.
from Virginia avenue, along Sixth street and said depot,
the said railroad company shall keep flagmen at the several
City regula-
street-crossings to warn people of danger; and all provi-
tions ratified.
sions of the board of aldermen and common council of the
city of Washington not inconsistent herewith are hereby
Repeal of
ratified: Provided further, That the act of Congress ap-
former act grant-
ing a site for a
proved March third, eighteen hundred and seventy-one,
passenger depot.
1871, ch. 137.
granting a site for a passenger-depot to said railroad com-
Vol. xvi, p. 585.
pany upon Virginia avenue is hereby repealed, to take
This act may
be repealed.
effect when said company obtains possession of the depot
property on Sixth street, as described in this act; and no
passenger or other depot shall be constructed by said
company on said site: And provided further, That the
United States by act of Congress, shall have the right to
Proviso as to
tracks and de-
repeal or modify the provisions of this act: And provided
pot.
further, That the tracks of said company shall turn out
of Sixth street and enter the said depot with suitable cur-
vature at the south end thereof; and the said depot shall
not extend beyond B street north, nor shall the tracks
ever extend beyond said B street north.
Approved, May 21, 1872.
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PIEDMONT AND POTOMAC RAILROAD
COMPANY.
AN ACT giving the Assent of Congress to the Subscription of the May 23, 1872.
District of Columbia to the Stock of the Piedmont and Potomac
Railroad Company.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Act authoriz-
ing the District
That the act of the legislative assembly of the District of of
Columbia to
subscribe to
Columbia entitled "An act to authorize a subscription to
stock of the
the stock of the Piedmont and Potomac Railroad Company
Piedmont and
Potomac R. R.
upon certain conditions" be, and the same is hereby, ap- Co.,
approved.
proved and sanctioned: Provided, That before any part of
Conditions
the said subscription shall be paid the governor and the the
ofsubscription to
stock.
board of public works, acting separately, shall be satisfied
that said railroad will be completed and used to a point on
the Potomac river opposite the city of Washington or
Georgetown by the aid of said subscription: And pro-
vided, That no part of the said subscription by said dis-
trict shall be paid until one million dollars shall have been
subscribed by private parties and shall have been actually
paid in cash and expended in the construction of the road:
And provided further, That the said Piedmont and Poto-
mac Railroad Company shall enter into bonds in the sum
of eight hundred thousand dollars, with good and sufficient
individual sureties, to be approved by the governor of
the District of Columbia and Secretary of the Treasury
of the United States, conditioned for the repayment, with
interest, of the money subscribed to the capital stock of
the said company by the said district, if the said company
shall fail to complete the said road for the running of cars
within three years from the acceptance of the six hundred
thousand dollars to be subscribed by the said district; and
no part of such subscription shall be paid until such bond
be given, approved, and filed in the office of the secretary
of the District of Columbia: And provided further, That
the tax levied by authority of this said act shall not exceed
thirty-six thousand dollars for interest in any one year:
And provided also, That no bonds to raise the funds that
may be required to pay the said subscription shall be dis-
posed of by said district at less than par.
Approved, May 23, 1872.
ORANGE, ALEXANDRIA AND MANASSAS RAIL-
ROAD COMPANY.
AN ACT to authorize the Orange, Alexandria and Manassas Railroad June 8, 1872.
Company to run Trains and transport Freight and Passengers
within the District of Columbia.
Be it enacted by the Senate and House of Representatives
The Orange,
of the United States of America in Congress assembled,
&c., R. R. Co.,
may carry pas-
That it shall be lawful for the Orange, Alexandria, and
sengers and
freight in the
Manassas Railroad Company, a corporation chartered under :umbia.
District of Co-
the laws of the State of Virginia, to exercise its functions
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CANALS AND STEAM RAILROADS.
as a common carrier, and transport passengers and freight
within the District of Columbia, and for this purpose shall
The Orange,
have authority to run locomotives and trains upon and
&c., R. R. Co.,
may run trains
over the bridge which has been constructed by the Balti-
over bridge of
more and Potomac Railroad Company across the Potomac
the Baltimore,
&c., R. R. Co.
river at the western terminus of Maryland avenue, in the
city of Washington, upon the terms and conditions pre-
scribed in the act of Congress granting to said Baltimore
may lay track
and Potomac Railroad Company the privilege to construct
in Maryland
avenue, &c.;
and operate said bridge; and the said Orange, Alexandria,
and Manassas Railroad Company may put down a single
track along Maryland avenue from its western terminus to
its intersection with the Washington canal, now in process
of being filled up, and thence by a curve southwardly
along the ground heretofore occupied by the said canal to
the intersection of D or E streets south, as may be deter-
mined by the engineer in charge of the public buildings
and grounds, and thence along one of said streets by a
tunnel;
tunnel under the public grounds east of the Capitol build-
ing, upon such route and in such manner as the said engi-
neer may prescribe, to Second or Third street east; thence
along said Second or Third street to the line of the Balti-
more and Ohio railroad; and the track of said railroad
company, except so much thereof as is laid in the said
to conform to
tunnel or its approaches, shall conform to the grade of
grade of streets.
the streets occupied as above, as shall be prescribed by
Damages.
the board of public works; and any damage caused to the
property of individuals by the construction of said railroad
shall be paid by said Orange, Alexandria, and Manassas
Railroad Company: Provided, That the said Orange, Alex-
One-half of
certain cost to be
andria, and Manassas Railroad Company shall pay to the
paid.
District of Columbia one-half of the cost of arching the
Washington canal from Maryland avenue to the street on
which the said railroad track enters the tunnel aforesaid:
Right to estab-
And provided further, That nothing herein contained shall
lish a depot on,
&c., not given.
be construed to grant to said company the right to estab-
lish a depot along said avenue or streets until consent for
the same has first been obtained from the legislative
assembly of the District of Columbia.
Congress may
SEC. 2. That Congress shall have the right to regulate
regulate passen-
ger fares and
the rates of fare collected by said company from passen-
freight charges.
gers, and the rates of charge for the transportation of
freight per ton per mile for all freight passing into the
District of Columbia on said railroad shall be not more than
the rates charged per ton per mile on that part of the said
Orange, Alexandria, and Manassas railroad not in the said
Property of the
District; and that all property owned by said company
road in Washing-
ton to be taxed.
within said District shall be subject to taxation by the
proper municipal authority, and Washington city shall be
considered as a terminal point, and entitled to all the privi-
leges and facilities of any other terminal points on said
road.
Otherrailroads
SEC. 3. That said railroad company shall give to other
may use the tun-
nel.
railroad companies connecting therewith the right to pass
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through and use said tunnel, on such reasonable terms as
may be agreed upon between the respective parties or Con-
gress prescribe.
SEC. 4. That this act may be at any time amended or Act may
be
repealed by Congress.
altered, &c.
Approved, June 8, 1872.
WASHINGTON CITY AND POINT LOOKOUT
RAILROAD COMPANY.
AN ACT to authorize the Washington City and Point Lookout Rail-
Jan. 22, 1873.
road Company to extend a Railroad into and within the District
of Columbia.
Preamble.
Whereas it is represented to this present Congress that
the Washington City and Point Lookout Railroad Com-
pany, organized on the twenty-fourth day of February,
eighteen hundred and seventy-two, under the provisions of
an act of the general assembly of the State of Maryland
entitled "An act to provide for the creation and regulation
of incorporated companies in the State of Maryland," ap-
proved April fourth, eighteen hundred and seventy, desire
to extend their railroad into and within the District of
Columbia: Therefore,
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Washington
That the Washington City and Point Lookout Railroad City,
&c., Rail-
Company shall be, and they are hereby, authorized and
road Company
may extend its
empowered to extend their railroad into and within the
road into the
District of Co-
District of Columbia, to a point on the Eastern Branch of lumbia.
the Potomac river between the Potomac river and the point
where the Baltimore and Potomac railroad crosses the said
Branch.
Eastern Branch; and a branch from the main stem of said
railroad to a point at or near the southern terminus of the
southeastern boundary line between the District of Colum-
bia and the State of Maryland; and the said Washington
City and Point Lookout Railroad Company are hereby au-
Powers, &c., of
the corporation
thorized to exercise the same powers, rights, and privileges,
in the District.
and be subject to the same restrictions in the extension and
construction of their said railroad into and within the said
District as they may exercise or are subject to under the
said act of the general assembly of Maryland, approved
April fourth, eighteen hundred and seventy, in the con-
struction and operation of their railroad within the State
of Maryland; and shall be entitled to the same rights, com-
pensation, benefits, and immunities in the use of said road,
and in regard thereto, as are provided in said act of the
general assembly of Maryland, it being expressly under-
Limitation.
stood that the said Washington City and Point Lookout
Railroad Company shall have power to construct only one
railroad within the said District, and also the said branch
road.
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CANALS AND STEAM RAILROADS.
Right of way
and materials for
SEC. 2. That before the Washington City and Point
construction of
Lookout Railroad Company aforesaid shall proceed to con-
road may be ob-
tained by assent
struct any railroad which they may lay out or locate on,
of owner.
through, or over any land or improvements, or to use, or
take for use any earth, stone, or other materials necessary
for the construction of said road, on any land within the
said District, they shall first obtain the assent of the owner
of said land, improvements, or materials, or if such owner
shall be absent from said District, or shall refuse to give
such assent on such terms as the said company shall ap-
prove, or because of infancy, coverture, insanity, or any
other cause, shall be legally incapable of giving such assent,
Proceedings
then it shall be lawful for the said company to apply to a
where owners of
the land do not
judge of the supreme court of the District of Columbia,
assent, or are
absent from the
who shall thereupon issue his warrant, under his hand and
District.
seal, directed to the marshal of the said District, requir-
ing him to summon a jury of twenty citizens of the said
District, none of whom shall be interested, or related to
any person interested in the land or materials required
for the construction of the said railroad, or a stockholder,
or related to any stockholder in the said company, to meet
on the land, or near to the other property or materials SO
required, on a day named in such warrant, not less than
Inquisition to
ten nor more than twenty days after issuing the same, to
value the dam-
ages;
proceed to value the damages which the owner or owners
of any such land or other property will sustain by the use
or occupation of the same required by the said company;
and the proceedings, duty, and authority of the said mar-
shal in regard to such warrant and jury, and the oath or
affirmation to be administered, and inquisition to be made
and returned, shall be the same as are directed and author-
ized in regard to the sheriff, by the tenth section of the
said act of the general assembly of Maryland, approved
April fourth, eighteen hundred and seventy, and all other
proceedings in regard to such jury, and the estimation and
valuation of damages, and the payment, or tender of pay-
ment of any damages, ascertained by such valuation and
effect thereof, and of the view of any lands, or other prop-
erty or materials, as to giving the said company a right to
use the same for the use or construction of their railroad
within the said District, as hereby authorized, shall, in
every case and every respect, be the same as is provided
in and by the before-mentioned act of the general assem-
bly of the State of Maryland, in regard to any railroad to
be constructed by the Washington City and Point Look-
to be
returned out Railroad Company, in the State of Maryland: Pro-
to what court.
vided, That whenever, by the said act, the inquisition of
the jury is required to be returned to the clerk of the cir-
cuit court, to be confirmed by said court at its next session,
if not sufficient cause to the contrary be shown, the inqui-
sition or inquisitions under this act shall be returned by
the marshal to the supreme court of the District of Colum-
bia, which court shall have the same jurisdiction and pow-
ers over the subject-matter as the said circuit court have
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under the act of the general assembly of Maryland afore-
said.
SEC. 3. That in all cases where a condemnation and val- Right of appeal
uation of lands or materials shall have been made under
by either party.
section two of this act, either party may appeal to the
supreme court of the District of Columbia within thirty
days from the rendition of the verdict of the jury; and in
Company ap-
all cases where the said company shall take an appeal they bond.
pealing to give
shall give bond to the party or parties claiming and enti-
tled to damages in a penalty at least double the sum found
by the jury, with a condition that the said company shall
pay, or cause to be paid, such amount of damages and
costs as the party or parties may be entitled to receive on
the judgment of the said supreme court, without delay,
and on which bond ample and sufficient sureties shall be
given, to be approved by the said supreme court.
SEC. 4. That whenever the said company, in the con- Crossing, &c.,
struction of their railroad within the said District, as au- the railroad.
of streets, &c., by
thorized by this act, shall find it necessary to cross or
intersect any established road, street, or other way, it shall
be the duty of said company so to construct the said rail-
road across such established road, street, or other way, as
not to impede the passage or transportation of persons or
property along the same; and where it shall be necessary
to pass the said railroad through the land of any individual
within the said District, it shall be the duty of said com-
pany to provide for such individual wagon-ways across the
Wagon-ways
for individuals.
said railroad as may be necessary and proper, from one
part of his land to another; but nothing herein contained
shall be so construed as to authorize the said company to
enter upon any lot or square, or part thereof, owned by
No lot owned
by the United
the United States, within the limits of the cities of Wash-
States, within,
ington or Georgetown, for the purpose of locating or con-
&c., to be taken.
structing the said railroad, or for the purpose of excavating
the same, or taking therefrom any materials, or for any
other purposes and uses whatsoever; but the said company,
Route of road
in Washington
in passing into said cities of Washington or Georgetown, and Georgetown.
shall pass along or through or across such street or streets
or allevs as may be hereafter allowed by the Congress of
the United States, upon presentation of survey and map of
proposed location of said road; and the said Washington
Company may
connect with
City and Point Lookout Railroad Company may connect
other railroad,
within said District with any railroad or canal company
&c., company.
chartered, or hereafter to be chartered, by such route or
routes within said District as may be hereafter determined
by Congress, and upon such terms as may be agreed upon
by the said companies respectively, or as may be pre-
scribed by Congress.
SEC. 5. That the said Washington City and Point Look-
Charges for
tolls and trans-
out Railroad Company may charge and receive for tolls portation;
and transportation on all that part of said road within the
District of Columbia, a rate not to exceed five cents per ton
per mile; and the said company may charge and receive for
taking up and setting down any passenger or traveller
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CANALS AND STEAM RAILROADS.
within said District conveyed a shorter distance than four
may be regu-
lated by Con-
miles a sum not exceeding twelve cents; and Congress
gress.
reserves the power to further regulate the cost of trans-
portation of persons and freight over said road within said
District.
Conveyance of
the mail. and
SEC. 6. And the said company are also hereby authorized
service for the
United States.
and empowered to make such special contract with any duly
authorized officer or agent of the United States for the con-
veyance of the mail or the transportation of persons or
property for the use of the United States on any railroad
which shall be constructed by the said company, on such
terms as shall be approved of by the competent officer or
authority, and to receive such compensation so agreed for
according to the terms of such contract.
Road when to
be commenced
SEC. 7. That unless the said company shall commence
and completed.
the construction of said road within two years, and com-
plete the same, with at least one set of tracks, within four
years from the passage of this act, then this act and all
rights and privileges hereby granted shall cease and deter-
Similar privi-
leges to other
mine. And the Congress of the United States shall have
companies.
authority at any time hereafter to grant similar privileges
as are herein granted to any other company incorporated
or to be incorporated by the State of Maryland, or by
Congress, or to enact such rules and regulations prescrib-
ing the speed of cars passing over said road, and any other
matters relating thereto, necessary for the security of the
persons and property of the inhabitants of the District of
Columbia, in such manner as the present or any future
tered. Act may be al- Congress may decm expedient: Provided, That Congress
shall have power to alter, amend, or repeal this act.
Approved, January 22, 1873.
RUNNING OF RAILROAD TRAINS AND ENGINES
ON STREETS AND AVENUES OF CITY.
Approved June AN ACT To regulate the running of railroad trains and engines on the
26, 1873.
streets and avenues of the city of Washington.
Be it enacted by the legislative assembly of the District
of Columbia, That from and after the passage of this act
it shall be unlawful for any of the railroad companies
passing into the limits of the city of Washington with
Ringing of
their engines to ring the bells of said engines or cause
bells and blow-
ing of whistles
the blowing of steam whistles, either at the crossings or
prohibited.
in the lines of any of the streets or avenues, or inside the
limits of said city.
SEC. 2. And be it further enacted, That it shall be the
duty of the Baltimore and Potomac Railroad Company,
Fence on Long
for the safety of the public, to erect, or cause to be
Bridge.
erected, on the Long Bridge, across the Potomac River,
between its track and the public carriageway of said
bridge, a close fence, which shall not be less than fourteen
feet in height above said carriageway.
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SEC. 3. And be it further enacted, That it shall be
Obstruction of
streets by un-
unlawful for any railroad company running its tracks loading freight,
through any of the streets or avenues of the city of Wash-
etc., prohibited.
ington to obstruct any of the said streets or avenues by
depositing lumber, ties, or other materials used in the
construction of railroads, or to unload other freight or
merchandise of whatever nature or description, in any of
such streets or avenues at any point in said city other than
the regular stations established for such purposes.
Tracks to be
SEC. 4. And be it further enacted, That the Baltimore fenced.
and Potomac Railroad Company and the Alexandria and
Washington Railroad Company shall have, or cause to be
erected, a substantial iron or paling fence, not less than
five feet high, along each side of their track or tracks within
the city of Washington, from their depot or depots at the
corner of Sixth and B streets northwest, along Sixth street
to Virginia avenue, along Virginia avenue to Third street
southwest, and also from the intersection of Sixth street and
Maryland avenue along Maryland avenue to Ninth street
southwest, with sliding gates at each street crossing, to be
closed while trains or locomotives are passing: Provided,
Proviso.
That no part of said enclosed space shall be used for the
purpose of parking cars or the depositing of goods or
materials of any kind.
SEC. 5. And be it further enacted, That whenever any
Penalty.
railroad company violates any section of this act, a fine of
not less than one hundred or more than two hundred dol-
lars shall be imposed and collected as all other fines for
violation of the ordinances of the District of Columbia, and
that all acts or parts of acts inconsistent with this act be,
and the same are hereby, repealed.
Approved June 26, 1873. (Laws of 3d session, p. 125.)
BALTIMORE AND OHIO RAILROAD COMPANY.
AN ACT to authorize the Baltimore and Ohio Railroad Company to June 19, 1874.
construct a branch, and to change the location of its road within
the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
Baltimore and
Ohio Railroad
the Baltimore and Ohio Railroad Company be, and it is
Company may
hereby, authorized to construct a lateral road, from any
construct a
branch road in
point on its Washington branch one and a half miles north Columbia. the District
of
of Boundary street, (into the county of Washington, in
the District of Columbia) to intersect the Metropolitan
branch thereof at any point one mile north of Boundary
street, in said county and district, the whole of said branch
road being outside of the city of Washington: Provided,
That such work shall be completed within two years after
To be com-
pleted within
the passage of this act. The said line shall avoid all Gov- two
years.
ernment property. The points of intersection as well as Line to avoid
said lateral branch to be approved by the Engineer of Pub-
Government
property.
lic Buildings and Grounds.
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CANALS AND STEAM RAILROADS.
Location to be
SEC. 2. That all the provisions of the several acts of
approved by, &c.
Congress relating to the lateral road authorized to be built
Application of into and within the District of Columbia by an act passed
certain other
acts.
March second, eighteen hundred and thirty-one, entitled
1831. ch. 85, vol.
"An act to authorize the extension, construction, and use
v.p. 476.
of a lateral branch of the Baltimore and Ohio Road into
1866, ch. 251, and within the District of Columbia," and the supplements
vol. xiv, p. 250.
thereto, shall apply, and they are hereby, declared to ap-
ply, as far as they are applicable and in conformity to the
provisions of this act, to the location, construction, and
use by said company of the roads hereby authorized to be
Act may be al- constructed. This act may be altered, amended, or re-
tered, amended,
or repealed.
pealed.
Approved, June 19, 1874.
WASHINGTON CITY AND POINT LOOKOUT
RAILROAD COMPANY.
June 23, 1874. AN ACT supplementary to the act entitled "An act to authorize
1873, ch. 46, vol.
the Washington City and Point Lookout Railroad Company
xvii, P 413.
to extend a railroad into and within the District of Columbia,"
approved January 22, 1873.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Washington That the Washington City and Point Lookout Railroad
City and Point
Lookout
Rail- Company may enter the city of Georgetown with their
may enter and
road Company railroad, and may construct the same within the limits of
construct
road
said city on and by the following route: Beginning at a
within city of
Georgetown.
point on the northeastern boundary line of the District of
Route.
Columbia; thence to the mouth of Piney Branch of Rock
Creek, by a route north of the Soldiers Home, and avoid-
ing any property of the United States; thence by way of
Rock Creek to a point near its mouth; thence by way of
Water street in Georgetown to a point near the north-
eastern terminus of the Aqueduct Bridge, in said city;
thence along the Potomac River to the northwestern bound-
ary of the District of Columbia, so as to connect with the
Washington and Ohio Railroad, with authority to con-
Bridge across
struct a bridge across the Potomac River above navigation,
the Potomac
River.
upon plans and specifications to be first approved in writ-
ing by the Secretary of War; and also to construct a
Branch to con- branch railroad outside of the limits of the city of Wash-
nect with Wash-
ington branch of
ington to connect its road with the Washington branch of
Baltimore and
Ohio Railroad.
the Baltimore and Ohio Railroad; Provided, That the
Location of location of said route herein defined shall be subject to the
route to be ap-
proved by engin-
approval of the engineer in charge of public buildings and
eer in charge of
public buildings
grounds: And provided further that nothing in this act
and grounds.
shall be so construed as to permit or authorize the Wash-
ington City and Point Lookout Railroad Company to enter
upon or use any property owned or controlled, or in any
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CANALS AND STEAM RAILROADS.
95
manner to interfere with any right or privilege hereto-
fore granted to the Chesapeake and Ohio Canal Company Not to inter.
by their charters, or amendments thereto, without the
fere with prop-
erty or rights of
consent of said Chesapeake and Ohio Canal Company and
the Chesapeake
and Ohio Canal
its lessees is first had and obtained: And provided further, Company.
that said Washington City and Point Lookout Railroad
Company shall establish a depot at some point in George-
Depot to be es-
tablished in
town on Water street, between Rock Creek and the Aque- Georgetown.
duct Bridge; And provided further that said Washington
City and Point Lookout Railroad Company shall construct
its railroad in the county of Washington herein authorized
Railroad in
county of Wash-
so that wherever it shall cross any public road it shall
ington to cross
cross the same by an overgrade or undergrade crossing,
public roads by
overgrade or
by bridge or tunnel, SO as not to impede public travel undergrade, &c.
upon said roads, and shall construct that part of said rail-
road along Rock Creek in the valley of said creek, passing
west of the P-street bridge; by a tunnel through the hill
Tunnel west of
west of said P-street bridge; and said road-crossings and
P-street bridge.
said tunnel shall be located and constructed in accordance
with plans and specifications to be first approved in writ-
Plans and spec-
ing by the engineer in charge of public buildings and
ifications to be
approved.
grounds.
SEC. 2. That the Baltimore and Ohio Railroad Company
Baltimore and
Ohio Railroad
shall have the right to use the tracks of said Washington Company to
have
City and Point Lookout Railroad Company to be laid
use of tracks be-
W certain
under the provisions of this act, from the intersection of points.
the same with the Metropolitan branch of the Baltimore
and Ohio Rrilroad Company to the city of Georgetown
upon such reasonable terms as may be agreed upon or
Congress prescribe.
SEC. 3. This act may be altered, amended, or repealed
Act may be al-
at any time, and all rights and privileges herein conveyed
tered, amended,
or repealed.
to said Company shall cease and determine unless the said
Rights to cease
Company complete its road hereby authorized to George-
unless road built
within three
town with at least one track within three years from the years.
passage of this act.
Approved, June 23, 1874.
UNION RAILROAD STATION.
AN ACT to authorize the Commissioners of the District of Columbia
Feb. 23, 1881.
Union Railroad
to recommend a proper site for a Union Railroad Depot in the
Depot, city of
city of Washington, and for other purposes.
Washington.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Commissioners
That the Commissioners of the District of Columbia be,
of the District of
and they are hereby, authorized to recommend a suitable
Columbia to se-
lect and recom-
site for a Union Railroad Depot for all the railroad com- mend
site for,
panies whose tracks enter or terminate in said city, having Congress.
and report to
due regard, as well to the interests of the residents and
property owners of the District of Columbia as to the
chartered rights and pecuniary investments of the railroad
companies to be affected by the action of Congress in the
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CANALS AND STEAM RAILROADS.
premises; but if, in the judgment of the said Commission-
ers, it is better, for the interest of all parties concerned,
that two depots should be established, the one on the
northern and the other on the southern side of the city of
Washington, then to make selection of the two sites for
the respective depots, and to report their action in the
premises, with proper plats, to Congress, during the pres-
ent session; but if that is not practicable, then to report
on the first Monday of December, eighteen hundred and
eighty-one, with a bill containing such further provisions
as they may deem best calculated to secure the use by said
railroad companies of said union depot if so selected; or
in case of the selection of the two depots aforesaid, to
secure the use of the northern depot by the company or
companies whose road or roads enter the city of Wash-
ington nearest to said northern depot, and the use of the
southern depot by the company or companies whose road
or roads enter the said city nearest to said southern depot,
and to compel the vacation of all other depots and the
removal of all tracks not necessary for use in reaching
the depot or depots intended to be established under the
Proviso.
provisions of this act: Provided, That such union depot
or the two depots herein referred to, whichever may be
selected, shall be provided by said railroad companies free
from expense to the United States or the District of
Columbia.
Approved, February 23, 1881.
SOUTHERN MARYLAND RAILROAD COMPANY.
June 27, 1882. AN ACT to authorize the Southern Maryland Railroad Company to
extend a railroad into and within the District of Columbia.
Southern
Maryland Rail-
Whereas, It is represented to this present Congress that
road Company the Southern Maryland Railroad Company, organized
to extend road
into and
within under the provisions of the act of the general assembly
Columbia. the District of of the State of Maryland, entitled, "An act to incorporate
Preamble.
the Southern Maryland Railroad Company," approved
March twentieth, eighteen hundred and sixty-eight, desire
to extend their railroad into and within the District of
Columbia: Therefore
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the Southern Maryland Railroad Company shall be,
and they are hereby authorized and empowered to extend
their railroad into and within the District of Columbia, by
and over the route or routes and from and to the terminal
route. Description of point or points following, that is to say: Entering the said
District near its northeastern angle and proceeding thence
in a northwestwardly direction across the Baltimore and
Potomac Railroad near Benning's Station, on that road,
and across the eastern branch of the Potomac River about
one thousand feet above and north of Benning's Bridge,
and running thence southward of Mount Olivet Cemetery
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CANALS AND STEAM RAILROADS.
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across the Washington Branch of the Baltimore and Ohio
Railroad near the southern angle of the National Fair
Grounds, and thence across the old Bladensburg road at
the head of the National Fair Grounds Valley, and thence
to a junction with the Metropolitan Branch of the Balti-
more and Ohio Railroad at or near the two mile post on
said metropolitan Branch of said railroad, which said point
of junction shall be the northern terminus of said South-
ern Maryland Railroad. And the said Southern Maryland
Railroad Company are hereby authorized to exercise the
same powers, rights, and privileges, and are subject to the
Powers, rights,
same restrictions, in the extension and construction of their
and privileges.
said railroad into and within the said District, as may be
now exercised by railroad companies organized under the
general laws in force for the incorporation of railroad com-
panies in the District of Columbia, it being expressly
understood that the Southern Maryland Railroad Company
shall have power to construct a railroad within the said
District only along the routes and from and to the terminal
points hereinbefore indicated.
SEC. 2.-That nothing herein contained shall be so con-
Cemeteries,
the Soldiers'
strued as to authorize the said company to enter upon and Home,
or any
take any cemetery, or any part of the property known as United
property of the
States to
the Soldiers' Home, or any lot or square, or part thereof, be
exempt.
owned by the United States, for the purpose of locating
or constructing said railroad, or for the purpose of exca-
vating the same or taking therefrom any materials, or for
any other purposes or uses whatsoever; and the said South- Railroad
con-
ern Maryland Railroad may connect within said District
nections.
with any railroad or canal company chartered or hereafter
to be chartered, by such route or routes within said Dis-
trict as have been or as may be hereafter determined by
Congress, and upon such terms as may be agreed upon by
the said companies respectively. In crossing the track of
any other railroad, said Southern Maryland Railroad Com-
pany shall construct its road either above or below the
Grade in cross-
grade of said road.
ing other roads.
SEC. 3.-That the said Southern Maryland Railroad
Tolls, etc., for
freights.
Company may charge and receive for tolls and transpor-
tation of freights on the part of said railroad within the
District of Columbia the same rates that it shall charge
and receive therefor on the part of said road without the
said District, and the same rate of passenger fare may be
established for distances along said road within the said
District as shall be established for like distances along
said road without said District. That Congress reserves
the right to regulate the rates of passengers and freights
on said railroad.
SEC. 4.-That unless the said company shall commence
To commence
work in one
the construction of said railroad within one year, and shall year,
and com-
complete the same, with at least one set of tracks, within
plete road in two
years from pas-
two years from the passage of this act, then this act and asge
of act.
all rights and privileges hereby granted shall cease and
determine.
Approved, June 27, 1882.
S. Doc. 220-7
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98
CANALS AND STEAM RAILROADS.
RAILROADS TO PAY FOR STREET LIGHTING.
[Extract from District of Columbia appropriation act approved March
3, 1883 (22 Stat. L., p. 466).]
"And hereafter all railroad companies using engines
propelled by steam shall pay to the District for the light-
ing of the streets, avenues, alleys, and grounds through
which their tracks may be laid, under the direction and
control of the Commissioners; and in case of default of
payment of such bills, actions at law may be maintained
by the District of Columbia against said railroad compa-
nies therefor."
BALTIMORE AND POTOMAC RAILROAD
COMPANY.
August 13, 1888. AN ACT to authorize the Baltimore and Potomac Railroad Company
to extend a side track into square number ten hundred and twenty-
five, in the city of Washington.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
Baltimore and the Baltimore and Potomac Railroad Company is hereby
Potomac
road Company
Rail- granted permission to extend a side track from the main
may
lay
track line of its track, in the city of Washington, into square
into square 1025,
Washington,
number ten hundredand twenty-five, between Twelfth and
D.C.
Thirteenth streets and M and N streets southeast, under
such conditions and regulations as may be imposed by the
Commissioners of the District of Columbia for the protec-
tion of the public in the use of streets affected and other-
wise.
Amendment.
SEC. 2. The right of Congress to amend, alter or repeal
the franchises herein granted are hereby expressly re-
served.
Approved, August 13, 1888.
RICHMOND AND DANVILLE RAILROAD COM-
PANY.
August 27, 1888. AN ACT authorizing the Richmond and Danville Railroad Company
to lay tracks, and SO forth, in the District of Columbia.
Be it enacted by the Senate and House of Representatives
District
lumbia.
of Co- of the United States of America in Congress assembled, That
Richmond and it shall be lawful for the Richmond and Danville Railroad
Danville Rail-
road
Company Company, a corporation created by and existing under the
may in. lay tracks laws of the State of Virginia, to run and operate steam
locomotives and trains of cars for the transportation of
passengers and freight within the District of Columbia as
hereinafter provided; and the said Richmond and Dan-
ville Railroad Company may put down, construct, and use
Location.
one or more tracks along Maryland avenue, in the city of
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99
Washington, from its western terminus to and across Thir-
teenth and one-half street to block two hundred and sixty-
nine, and thence obliquely through said block and over
and across E and Thirteenth streets to block three hun-
dred, and it shall be lawful for said Richmond and Dan-
ville Railroad Company to put down, construct, and use
one or more tracks from said block two hundred and sixty-
nine over and across said Thirteenth street to block two
hundred and ninety-nine, and to establish and erect depot
Station, etc.
or station buildings upon either or any of the before-men-
tioned blocks: Provided, That any injury or damage caused
Provisos.
Damages.
to property of individuals by the construction of said
tracks or depot buildings shall be paid by the said Rich-
mond and Danville Railroad Company: And provided fur-
ther, That all property owned and held by said railroad Taxation.
company. within the District of Columbia shall be subject
to taxation.
SEC. 2. That it shall be lawful for said Richmond and
Use, etc., of
real estate.
Danville Railroad Company to hold, use, occupy, and con-
vey any real estate heretofore purchased or which may
hereafter be purchased by it for corporate uses and pur-
poses.
SEC. 3. That Congress reserves the right to alter, amend,
Amendment.
or repeal this act or any part thereof at any time.
Approved, August 27, 1888.
GEORGETOWN BARGE, DOCK, ELEVATOR, AND
RAILWAY COMPANY.
AN ACT to incorporate the Georgetown Barge, Dock, Elevator, and September 1888. 26,
Railway Company.
Be it enacted by the Senate and House of Representatives
Georgetown
Barge. Dock,
of the United States of America in Congress assembled, That
Elevator, and
Railway Compa-
Anthony Hyde, William A. Gordon, Robert B. Tenney,
ny incorporated.
Henry H. Dodge, Morris J. Adler, Edward L. Dent, John
Incorporators.
A. Baker, John Marbury, and Henry M. Sweeny, their
associates and assigns, be, and they are hereby, created a
body corporate under the name of the Georgetown Barge,
Dock, Elevator, and Railway Company, with authority to
build and maintain a dock or docks on the Potomac River Docks.
west of Rock Creek, and to receive therein, and send there-
from, barges, vessels, cargoes, and railway cars, from and
to any points on the Potomac River and its tributaries and
coastwise; and to construct and maintain single or double
Railway.
track railways in the city of Georgetown or West Wash-
ington, District of Columbia, through and along Water
street, beginning at a point on the west side of the Aque-
Location.
duct Bridge, through and along said Water street, under
said bridge to the eastern terminus of said Water street at
Rock Creek, with the privilege of extending its tracks
from the intersection of Water street and Washington or
Thirtieth street along Washington or Thirtieth street to
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CANALS AND STEAM RAILROADS.
the Potomac River, and from the intersection of Virginia
avenue and Washington or Thirtieth street along Virginia
avenue to Rock Creek, with sidings, turn-outs, turn-tables,
and switches necessary for the delivery of cars to ware-
houses and depots along said streets; and also to construct
Elevators, etc. and maintain warehouses, depots, and elevators in said city
of Georgetown or West Washington, with the right to
receive and dispatch boats and freight of all kinds, and to
run cars on said tracks, sidings, switches, turn-outs, and
turn-tables, propelled by steam, horse, or electric power;
and to charge and receive for the use of the docks, rail-
way, warehouses, depots, elevators, and barges of said
Charges.
company, such rates as may be fixed by the directors, with
Proviso.
the approval of the Commissioners of the District: Pro-
vided, That when said lines coincide with the duly author-
ized lines of any duly incorporated street railway of the
District of Columbia, said company shall lay separate and
Tracks coin-
ciding with other
independent tracks in the original construction of the said
ines.
lines whenever, in the judgment of the Commissioners of
the District of Columbia, it shall be deemed by them pos-
sible and practicable so to do. Whenever the foregoing
route or routes may coincide with the duly authorized
route or routes of any duly incorporated street railway
company in the District of Columbia, either or both com-
panies may use the same tracks, when, on account of the
width of the streets, or for other sufficient reason, it shall
be deemed by the Commissioners of the District to be nec-
essary; and in such case they may use such tracks in com-
Terms
of other lines.
for use mon, upon such fair and equitable terms as may be agreed
upon by said companies; and in the event said company
fail to agree upon equitable terms, either of said companies
may apply, by petition, to the supreme court of the Dis-
trict of Columbia, which shall hear and determine the mat-
ter in due form of law, and adjudge to the proper party
the amount of compensation to be paid therefor. Said
Construction. railway shall be constructed of good materials and in a sub-
stantial manner, with the rails of American manufacture
and of the most approved patterns, laid upon an even sur-
face with the pavement of the street, with the gauge to
correspond with that of the Baltimore and Ohio and Balti-
more and Potomac Railroad Companies, all to be approved
by the Commissioners of the District of Columbia. The
tracks of said railway, the space between the tracks, and
two feet beyond the outer rails thereof, which this fran-
chise is intended to cover, shall be at all times kept by
said corporation well paved and in good repair at its own
expense and subject to the approval of the Commissioners
Repairs
aforesaid. And if the corporation shall fail to make the
pavement.
necessary repairs within ten days after notice by the Com-
missioners, the repairs shall be made by the Commission-
ers, and the cost of such repairs be recovered by the Com-
Motive power. missioners before any court of competent jurisdiction. It
shall be lawful for said corporation, its successors, or as-
signs, to operate its said road by steam, horse, or electric
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CANALS AND STEAM RAILROADS.
101
power. It shall also be lawful for said corporation, its
successors, or assigns, to erect and maintain, at such con-
venient and suitable points along its lines as may seem
most desirable to the board of directors of said corpora-
tion, and subject to the approval of the Commissioners of
the District, an engine-house or houses, boiler-house or
houses, and all other buildings necessary for the operation
of a steam, horse, or electric motor railroad. The main
line of said road shall be completed within two years from
Commence-
ment and com-
the passage of this act; and if work is not commenced and pletion.
prosecuted in good faith on the main line in six months
after the passage of this act, then the privileges and pow-
ers granted herein to said corporation shall be void.
SEC. 2. That the capital stock of said company shall not
Capital stock.
exceed fifty thousand dollars and be not less than twenty-
five thousand dollars, in shares of fifty dollars each; but
if said company shall find it necessary to purchase or con-
struct barges and tug-boats then the said company shall
have the right to issue additional stock or bonds, not ex-
ceeding fifty thousand dollars: Provided, however, That
Provisos.
Bonds.
no bonds shall be issued hereunder until at least fifty per
centum of the capital stock shall have been actually paid
into the treasury of the company upon stock subscriptions,
and that no bonds shall be issued for a greater sum than
the sum actually paid into the treasury of the company
upon stock subscriptions. And said company shall require
Terms of sub-
the subscribers to the capital stock to pay in cash, to the
scription.
treasurer appointed by the corporators, the amounts sever-
ally subscribed by them as follows, namely: Ten per
centum at the time of subscribing and five per centum
each thirty days thereafter until fifty per centum thereof
shall have been paid; the balance of such subscriptions to
be paid at such times and in such amounts as the board of
directors may require; and no subscription shall be deemed
valid unless the ten per centum thereof shall be paid at
the time of subscribing as hereinbefore provided; and if
Delinquent
stockholders.
any stockholder shall refuse or neglect to pay any install-
ment as aforesaid, or as required by a resolution of the board
of directors after reasonable notice of the same, the said
board of directors may sell at public auction, to the highest
bidder, SO many shares of his stock as shall pay said in-
stallment (and the person who offers to purchase the least
number of shares for the assessment due shall be taken as
the highest bidder), and the sale shall be conducted accord-
ing to such general regulations as may be adopted in the
by-laws of said company; but no stock shall be sold for
less than the total assessments due and payable, or said
body may sue and collect the same from any delinquent
subscriber in any court of competent jurisdiction. The
said company shall buy, lease, construct, and maintain
workshops, depots, lands, and buildings as they may deem
necessary at such points along its line as may be approved
by the Commissioners of the District, and as the business
of the company may require: Provided, That within thirty
Organization.
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102
CANALS AND STEAM RAILROADS.
days after the passage of this act the corporators named
in the first section, their associates, successors, or assigns,
or a majority of them, or if any refuse or neglect to act,
then a majority of the remainder, shall cause books of
subscription to the capital stock of said company to be
opened, and kept open, in some convenient and accessible
place in the District of Columbia, from nine o'clock in the
forenoon till five o'clock in the afternoon, for a period to
be fixed by said corporators, not less than ten days (unless
the stock shall be sooner subscribed; and said corporators
shall give public notice, by advertisement in two of the
daily papers published in the city of Washington, of the
time when and the place where said books shall be opened;
and subscribers upon said books to the capital stock of the
First company shall be held to be stockholders: Provided, That
ment on stock.
every subscriber shall pay at the time of subscribing ten
per centum of the amount by him subscribed to the treas-
urer appointed by the corporators, or his subscription
shall be null and void: Provided further, That nothing
shall be received in payment of the ten per centum at the
time of subscribing and the additional installments herein-
Payments
to before provided for, except lawful money or certified
be in cash.
checks from any national bank; and when the books of
subscription to the capital stock of said company shall be
closed the corporators named in the first section, their
associates, successors, or assigns, or a majority of them,
and in case any of them refuse or neglect to act, then a
majority of the remainder shall, within twenty days there-
after, call the first meeting of the stockholders of said
company, to meet within ten days thereafter, for the choice
of directors, of which public notice shall be given for five
days in two daily newspapers published in the city of
Washington; and in all meetings of the stockholders each
share shall entitle the holder to one vote, to be given in
person or by proxy.
Board of di-
SEC. 3. That the government and direction of the affairs
rectors.
of the company shall be vested in the board of directors,
seven in number, who shall be stockholders of record, and
who shall hold their office for one year, and until their
successors are duly lected and qualified; and the direct-
ors (a majority of whom shall be a quorum) shall elect one
of their number to be President of the board, who shall be
president of the company; and they also shall choose a
vice-president, a secretary, and a treasurer, who shall give
a bond, with surety, to said company, in such sum as the
said directors may require, for the faithful discharge of
his trust. In the case of a vacancy in the board of direct-
ors, by the death, resignation, or otherwise, of any di-
rector, the vacancy occasioned thereby shall be filled by
the remaining directors. The directors shall have power
By-laws, etc. to make and prescribe such by-laws, rules, and regulations
as they shall deem needful and proper, touching the dis-
position and management of the stock, property, estate,
and effects of the company, not contrary to the charter or
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CANALS AND STEAM RAILROADS.
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to the laws of the United States and the ordinances of the
District of Columbia. There shall be an annual meeting
Elections.
of the stockholders for election of directors, to be held at
such time and place, under such conditions, and upon such
notice as the said company in their by-laws may prescribe;
and said directors shall annually make a report, in writing,
of their doings, to the stockholders. If any person or per-
Penalty for ob-
sons shall willfully, mischievously, or unnecessarily ob-
structions, etc.
struct or impede the passage of the cars, engines, or
barges of said company with a vehicle or vehicles, or oth-
erwise, or in any manner molest or interfere with opera-
tives while in transit, or destroy or injure the tracks,
barges, cars, or other property belonging to said com-
pany, the person or persons SO offending shall forfeit and
pay for each offense not less than twenty-five nor more
than one hundred dollars, to be recovered as other fines
and penalties of said District, and shall remain liable, in
addition to said penalty, for any loss or damage occasioned
by his or her or their acts as aforesaid. That the Com-
Regulations by
missioners of the District shall make such reasonable reg- sioners.
District Commis-
ulations as may be deemed proper to prevent the said
railroad company from obstructing any of the streets the
tracks of said company may cross, and for the violation of
said regulations the said company shall be subject to a
penalty not exceeding one hundred dollars, to be recovered
in any court of competent jurisdiction. The principal
Principal of
offices of said company shall always be situated in the city fices.
of Washington, and all books and papers relating to the
business of said company shall be kept thereat and open at
all times to the inspection of the stockholders. The meet-
ing of stockholders and directors shall be held at said of-
fice. The book in which transfers of stock shall be
recorded shall be closed for the purpose of such transfer
thirty days before the annual election.
SEC. 4. That each stockholder in the said company shall
Liability of
stockholders.
be individually liable for all the debts and liabilities of
said company to the amount of the par value of the stock
held by such stockholder, until the same shall have been
fully paid up.
SEC. 5. That the said company shall, on or before the
Annual report.
fifteenth day of January of each year, make a report to
Congress of the names of all the stockholders therein, and
the amount of stock held by each, together with a detailed
statement of the receipts and expenditures from whatever
source, and on whatever account, for the preceding year
ending December the thirty-first, which report shall be
verified by the affidavit of the president and secretary of
the company, and if said report is not made at the time
specified, or within ten days thereafter, it shall be the duty
of the Commissioners to cause proceedings to be instituted
to forfeit this charter; and said company shall pay to the
District of Columbia, as taxes for each year, five per Taxes.
centum of its gross earnings for the preceding year, as
shown by said verified statement, which amount shall be
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CANALS AND STEAM RAILROADS.
payable to the collector of taxes at the times and in the
manner that other taxes are now due and payable, and
subject to the same penalties on arrears; and the franchise
and property of said company, both real and personal,
may be seized and sold in satisfaction thereof, as now pro-
vided by law for the sale of other property for taxes; and
said per centum of its gross earnings shall be in lieu of all
other assessments of taxes of whatsoever character upon
its personal property, including its docks and barges, cars,
and motive power, but the real estate of the company may
Proviso.
be taxed as other real estate in the District: Provided,
Tracks.
That the tracks of the company shall not be taxed as real
estate.
Water front to
SEC. 6. That the water front at the end of all public
be unobstructed.
streets and highways shall be and remain open to the use
of the public.
Amendment.
SEC. 7. That this act may at any time be altered,
amended, or repealed by the Congress of the United
States.
Approved, September 26, 1888.
WASHINGTON AND SANDY SPRING NARROW
GAUGE RAILROAD COMPANY.
March 2, 1889. AN ACT to incorporate the Washington and Sandy Spring Narrow
Gauge Railroad Company.
Be it enacted by the Senate and House of Representatives
Washington of the United States of America in Congress assembled, That
Spring and Sandy Narrow Henry M. Baker and A. G. M. Prevost, of the city of
Gauge
Railroad
Company incor-
Washington, in the District of Columbia, and J. L. Hus-
porated.
band, G. G. Kimball, H. Maurice Talbott, O. P. H. Clark,
Incorporators.
and G. O. B. Cissell, of the State of Maryland, and E. J.
Evans, of the State of Virginia, and all such persons as
shall or may be associated with them and their successors,
are hereby created a body politic and corporate in fact and
in law, by the name of the Washington and Sandy Spring
Narrow Gauge Railroad Company, and by that name shall
have perpetual succession, and shall be able to sue and be
sued, plead and be impleaded, defend and be defended, in
all courts of law and equity, and may make and have a
common scal, and the same alter at their pleasure; and
said corporation is hereby authorized to lay out, locate,
construct, furnish, maintain, operate, and enjoy a continu-
ous railroad and telegraph line with all the necessary ap-
line.
Location of purtenances, namely: Beginning at a point in the city of
Washington, District of Columbia, at the intersection of
Boundary street and New York avenue and extending par-
allel with the line of the Metropolitan Branch of the Bal-
timore and Ohio Railroad to a point at about one mile
from said Boundary street; thence leaving the line of the
said Baltimore and Ohio Railroad and going in a north-
easterly course to the northeastern boundary line of the
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District of Columbia at or near the intersection of the said
northeastern boundary line and the Riggs road, as may
hereafter be surveyed and agreed on by and between the
parties named, or their successors, and the Commissioners
Capital stock.
of the District of Columbia. That the capital stock of
said corporation shall consist of three thousand shares at a
par of fifty dollars per share each, which shall in all re-
spects be deemed personal property, and shall be transfer-
able only on the books of the Company to be kept at their
principal office. The persons (or their assigns) hereinbe-
fore named, or a majority thereof, shall constitute a
Meeting of in-
quorum for the transaction of business. The first meet- corporators.
ing of said incorporators shall be held within twenty days
from the passage of this act, in the city of Washington.
A notice of said meeting, to be signed by seven of the in-
corporators named herein, shall be published for not less
than fifteen days, in one or more newspapers published in
the city of Washington, and no other notice of said meet-
ing shall be required. At the first meeting of said incor-
Commission-
porators they shall select seven of their number as a board ers.
of commissioners of the Washington and Sandy Spring
Narrow Gauge Railroad Company. Said board of com-
missioners, as soon as practicable after being selected,
shall organize by the choice from its members of a presi-
dent, vice-president, secretary, and treasurer. The said
board of commissioners shall cause to be opened books in
Subscriptions.
the city of Washington, and to receive subscriptions to
Proviso.
the capital stock of said corporation: Provided, That the
said board of commissioners shall first give ten day's notice
of the opening of books for the subscription to the capital
Ten per cent.
stock of said company; and a cash payment of ten per to be
paid
on
centum of all subscriptions shall be made at the time of
subscribing.
subscribing, and it shall be receipted for by the treasurer
of said board of commissioners, who shall be a bonded of-
ficer in an amount to be fixed by said board of commis-
sioners; and as soon as an amount equal to two-thirds of
the capital stock of said company shall have been sub-
scribed, and five per centum paid in on the same to the
treasurer of said board of commissioners then the said
board of commissioners shall appoint a time and place for
the first meeting of the subscribers to the stock of said
company, and shall give notice thereof in one newspaper
published in the city of Washington, at least five days pre-
vious to the day of said meeting; and such subscribers as
Election of di-
shall attend the meeting 80 called, either in person or by rectors.
lawful proxy, then and there shall elect by ballot seven
directors for said corporation; and at such election each
share of said capital stock shall entitle the owner thereof
to one vote. The president and the Secretary of the board
of commissioners, and in the case of their absence or ina-
bility any two of the officers of said board, shall act as
inspectors of said election, and shall certify under their
hands the names of the directors elected at said meeting;
and the said commissioners, treasurer, and secretary shall
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CANALS AND STEAM RAILROADS.
then deliver over to said directors all the properties, sub-
scription-books, and other books in their possession, and
thereupon the duties of said commissioners shall cease,
and thereafter the stockholders shall constitute said body
politic and corporate, and said corporation shall be deemed
to be completely organized and constituted with all the
faculties, rights, and privileges hereby granted.
General pow-
ers, etc.
SEC. 2. That the said corporation shall have all the pow-
ers, qualities, faculties, rights, and privileges which law-
fully belong to corporations generally, SO far as the same
Board of di-
shall be necessary for the purposes of its incorporation.
rectors.
SEC. 3. That there shall be seven directors of said cor-
poration, who shall be a board to transact and manage all
the affairs of the corporation and exercise all its powers,
subject to the control of the stockholders in general meet-
ing. A majority of the board shall be a quorum. They
shall be elected annually by the stockholders in general
meeting, and shall hold their offices for one year and until
successors shall be elected. They shall be stockholders of
the corporation. They shall be elected under regulations
and supervision as the board of directors or stockholders
President.
shall prescribe after the first election.
SEC. 4. That the board of directors shall elect one of
their own number as president of the corporation, and his
term of office shall be the same as their own, and he shall
exercise such powers as the board of stockholders shall
Annual
meet-
prescribe.
ing.
SEC. 5. That a general meeting of the stockholders shall
be held annually, at such time and place as the by-laws
shall prescribe; and a general meeting may also be called
at any time and place by the board of directors, at least
ten days' notice thereof being given by advertisement in
Elections.
one or more newspapers published in the city of Washing-
ton. In all elections, and in the decision of all questions
each stockholder shall be entitled to one vote for every
share of stock held by him or her. A number of stock-
holders holding a majority of the shares subscribed, and
being in person or represented by proxy, shall be a quorum
of a meeting of the stockholders. Stockholders may vote
in person or by proxy, and the form of proxies may be
prescribed by the by-laws. Less than a quorum of the
stockholders may adjourn a meeting from time to time.
Assessments.
SEC. 6. That the board of directors shall have the power
to make assessments from time to time on the capital stock
until the same shall be paid up; and upon default in the
payment of any sum assessed and due upon said stock, the
stock may be forfeited and sold for the payment thereof,
with interest and expenses, under such regulations as the
by-laws shall prescribe, or the corporation may by suit
recover the same from the holder of the stock at the time
of the assessment thereof.
Authority.
SEC. 7. That said corporation shall have authority to
construct, maintain, and work the railroad mentioned in
the first section of this act, and such branches or lateral
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railroads from its main line as Congress may hereafter
grant authority.
SEC. 8. That the said railroad may be constructed with
Construction.
double tracks or single tracks, as the said corporation shall
deem proper; and said corporation may construct and
maintain all bridges and other structures and works which
it shall deem necessary for the purpose of its incorpora-
tion; but the land which it shall have the right to acquire
for the construction of such road and works shall not ex-
ceed an amount to be hereafter agreed on between said
corporation and the commissioners of the District of
Columbia.
SEC. 9. That said Washington and Sandy Spring Nar-
Bonds.
row Gauge Railroad Company be, and they are hereby,
authorized to issue their bonds to aid in the construction
and equipment of its railroad to the extent of sixteen thou-
sand dollars per mile for each and every mile or fraction
thereof, and to secure the same mortgage on its property,
rights of way, and all property whatsoever, real, personal,
and mixed, including its franchise as a corporation; and as
proof and notice of its legal execution and effectual de-
livery said mortgage shall be filed and recorded in the
office of the register of deeds for the District of Columbia.
SEC. 10. That the railroad herein authorized to be built
Completion.
shall be completed and in operation within three years
from March first, eighteen hundred and eighty-nine, and
in default of such completion within the time in this sec-
tion specified, all rights, franchises, and privileges granted
by this act shall immediately determine.
SEC. 11. That if the corporation can not agree with the
Securing lands
where consent is
owner for the purchase, use, or occupation of land, gravel, refused.
earth, timber, or other material required for the construc-
tion, enlargement, or repair of any of its works, or if the
owner be a married woman, infant, non compos mentis, or
out of the District, the said corporation may apply to the
marshal of the District of Columbia, and he shall issue his
warrant or summons for a jury to meet on the land at a
day therein specified, and being not more than ten nor less
than five days thereafter.
SEC. 12. That the said United States marshal shall jury.
Summoning
accordingly summon eighteen disinterested men, not re-
lated to either party; and if any of them refuse to attend,
he may then summon or call others immediately to make
up the number of eighteen. Each party have the right,
in person or by attorney or agent, if present at the time,
to strike off three, and the marshal shall strike off such as
shall not be so stricken off by the parties, until the number
shall be reduced to twelve, who shall be a jury.
SEC. 13. That the marshal shall then administer an oath
Condemnation
by jury.
or affirmation to every person of the jury that he will im-
partially and to the best of his skill and judgment value
the land or other property required by the corporation,
and also, if the same be land required for the construction
of the said railroad or work, the damage which the owner
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CANALS AND STEAM RAILROADS.
will sustain, if any, by the taking of the land for such use.
The jury shall accordingly inquire of such value and dam-
age, and make report thereof in writing, to be signed by
them all, and setting forth in case of land the boundaries
of the land and the estate, interest, or use to be taken by
Report of
in- the corporation. Such inquisition and report shall be
quisition.
returned by the marshal to the clerk of the circuit court
of the District of Columbia.
Proceedings in
court.
SEC. 14. That such inquisition and report shall be con-
firmed by such court unless good cause be shown to the
contrary, and when confirmed shall be recorded by the
clerk of said court; but for cause the court may set it aside
and order another inquisition, or more than one from time
to time, to be conducted in like manner as the first and
with like effect, until an inquisition and report shall be
confirmed by the court. Upon such confirmation of the
first or any subsequent inquisition and report. and upon
payment or tender of the amount fixed in the inquisition
to be paid by the corporation, either to the owner or in
court, as the court shall order, the said corporation shall
be entitled to the property absolutely, or for such estate,
interest, or use as shall have been valued and described in
the inquisition and report, as fully as the same could be
vested in the corporation by a valid conveyance from the
owner, and the corporation shall have the right to take
away any material SO valued.
Amendment
etc.
SEC. 15. That Congress reserves to itself the right to
alter, amend, or repeal this act.
Approved, March 2, 1889.
WASHINGTON AND WESTERN MARYLAND
RAILROAD COMPANY.
March 2, 1889. AN ACT to incorporate the Washington and Western Maryland Rail-
road Company.
Be it enacted by the Senate and House of Representati
of the United States of America in Congress assembled, That
Washington
and Western
Thomas Dowling, H. P. Gilbert, Austin Herr, G. S. Dun-
Maryland Rail-
road Company
lop, J. W. Wash, T. L. Cropley, F. A. Miller, of the Dis-
incorporated.
trict of Columbia; L. P. Wright, of the State of Illinois;
Incorporators.
Frank Hume, of the State of Virginia; R. J. Bright, of
the State of Indiana; Spencer Watkins, A. B. Cropley,
James Henderson, and S. Gambrill, of the State of Mary-
land, and all such persons as shall or may be associated
with them, and their successors, are hereby created a body
politic and corporate in fact and in law by the name of the
Washington and Western Maryland Railroad Company,
and by that name shall have perpetual succession, and shall
be able to sue and be sued, plead and be impleaded, defend
and be defended, in all courts of law and equity, and may
make and have a common seal, and the same alter at their
pleasure; and said corporation is hereby authorized to lay
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out, locate, construct, furnish, maintain, operate, and
enjoy a continuous railroad and telegraph line, with all the
necessary appurtenances, namely, beginning at a point
Location
of
west of the Aqueduct Bridge, thence westerly between the road.
bank of the Chesapeake and Ohio Canal and the Potomac
River to the District line at or near the Chain Bridge, as
may hercafter be surveyed and agreed on by and between
the parties named, or their successors, and the Commis-
sioners of the District of Columbia: Provided, That the
Proviso.
Tracks to be a
tracks of said company shall be deemed and taken to be
public highway.
a public highway, and may be freely used for the pas-
sage of cars and motive power of any individual or cor-
poration upon making just compensation for such use, and
in case any dispute shall arise concerning such compensa-
Compensation.
tion or manner of use, any party in interest may apply to
the Supreme court of the District of Columbia, which
court is hereby empowered to fix the amount to be paid for
such use, and the mode in which such use may be enjoyed.
SEC. 2. That the capital stock of said corporation shall
Capital stock.
consist of two thousand shares, at a par value of fifty dol-
lars per share cach, which shall in all respects be deemed
personal property, and shall be transferable in such man-
ner as the by-laws of said corporation shall provide. The
persons (or their assigns) hereinbefore named, or a ma-
jority thereof, shall constitute a quorum for the transac-
tion of business. The first meeting of said incorporators
Preliminary
shall be held within twenty days from the passage of this
meeting.
act, in the city of Washington. A notice of said meeting,
to be signed by seven of the incorporators named herein,
shall be published for not less than fifteen days in two or
more newspapers published in the city of Washington, and
no other notice of said meeting shall be required. At the
first meeting of said incorporators they shall select seven
of their number as a board of commissioners of the Wash-
ington and Western Maryland Railroad Company. Said
board of commissioners, as soon as practicable after being
Commission-
ers.
selected, shall organize by the choice from its members of
a president, vice-president, secretary, and treasurer. The
Officers.
said board of commissioners shall cause to be opened books
in the city of Washington, and to receive subscriptions to
Subscriptions
to stock.
the capital stock of said corporation: Provided, That the
Proviso.
said board of commissioners shall first give ten days' notice
Notice.
of the opening of books for the subscription to the capital
stock of said company; and a cash payment of ten per
Ten per cent
to be in cash.
centum of all subscriptions shall be made at the time of
subscribing, and it shall be receipted for by the treasurer
of said board of commissioners, who shall be a bonded
officer in an amount to be fixed by said board of commis-
sioners; and as soon as all of the capital stock of said com-
pany shall have been subscribed, and ten per centum paid
in on the same to the treasurer of said board of commis-
sioners, then the said board of commissioners shall appoint
a time and place for the first meeting of the subscribers to
the stock of said company, and shall give notice thereof
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CANALS AND STEAM RAILROADS.
in two or more newspapers published in the city of Wash-
ington, at least five days previous to the day of said meet-
ing; and such subscribers as shall attend the meeting so
called, either in person or by lawful proxy, then and there
Election of di- shall elect by ballot seven directors for said corporation;
rectors.
and at such election each share of said capital stock shall
entitle the owner thereof to one vote. The president and
the secretary of the board of commissioners, and in the
case of their absence or inability, any two of the officers
of said board, shall act as inspectors of said election, and
shall certify under their hands the names of the directors
elected at said meeting; and the commissioners, treasurer,
and secretary shall then deliver over to said directors all
the properties, subscription-books, and other books in
their possession, and thereupon the duties of said commis-
sioners shall cease, and thereafter the stockholders shall
constitute said body politic and corporate, and said cor-
poration shall be deemed to be completely organized and
constituted with all the rights and privileges hereby
granted.
Duties of di-
SEC. 3. That there shall be seven directors of said cor-
rectors.
poration, who shall be a board to transact and manage all
the affairs of the corporation and exercise all its powers,
subject to the control of the stockholders in general meet-
ing. A majority of the board shall be a quorum. They
shall be elected annually by the stockholders in general
meeting, and shall hold their offices for one year and until
their successors shall be elected and qualified. They shall
be stockholders of the corporation. They shall be elected
under such regulations and supervision as the board of
directors or stockholders shall prescribe after the first
election.
President.
SEC. 4. That the board of directors shall elect one of their
own number as president of the corporation, and his term
of office shall be the same as their own, and he shall exer-
cise such powers as the board or the stockholders shall
prescribe.
Annual meet-
SEC. 5. That a general meeting of the stockholders shall
ing.
be held annually, at such time and place as the by-laws
shall prescribe; and a general meeting may also be called
at any time and place by the board of directors, at least
ten days' notice thereof being given by advertisement in
two or more newspapers published in the city of Washing-
ton. In all elections and in the decision of all questions
each stockholder shall be entitled to one vote for every
share of stock held by him or her. A number of stock-
holders holding a majority of the shares subscribed, and
being present in person or represented by proxy, shall be
a quorum of a meeting of the stockholders. Stockholders
Votes.
may vote in person or by proxy, and the form of proxies
may be prescribed by the by-laws. Less than a quorum
of stockholders may adjourn a meeting from time to time.
SEC. 6. That the board of directors shall have the power
Assessments.
to make assessments from time to time on the capital stock
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until the same shall be paid up; and upon default in the
payment of any sum assessed and due upon said stock, the
stock may be forfeited and sold for the payment thereof,
with interest and expenses, under such regulations as the
by-laws shall prescribe, or the corporation may by suit
recover the same from the holder of the stock at the time
of the assessment thereof. And no certificate of stock
shall be issued until the par value thereof has been fully
paid up.
SEC. 7. That the said corporation shall have authority etc.
Construction,
to construct, maintain, and work the railroad mentioned
in the first section of this act.
SEC. 8. That for transportation on its railroad, or any
Maximum
charges.
part thereof, the said corporation shall have a right to
charge and collect as toll and transportation charges at
rates not exceeding six cents per ton of freight or three
cents per passenger for each mile of transportation; but
for any distance ten cents may be charged for a passenger
and twenty-five cents for any quantity of freight.
SEC. 9. That the said railroad may be constructed with
Commissioners
of District to ap-
double tracks or single tracks, as the said corporation shall
prove construc-
deem proper; and as may be approved by the Commis-
tion.
sioners of the District of Columbia; and said corporation
may construct and maintain along its line, or at the termini
of its road, all wharves and other structures and works Wharves.
which shall be necessary for the purpose of its incorpora-
tion; but the land which it shall have a right to acquire
for the construction of such road and works shall not
exceed an to be hereafter agreed on between said corpora-
tion and the Commissioners of the District of Columbia.
SEC. 10. That said Washington and Western Maryland
Railroad Company be, and it is hereby, authorized to issue
its bonds to aid in the construction and equipment of its Bonds.
railroad to the extent of twenty thousand dollars per mile
for each and every mile, and to secure the same by mort-
gage on its property, rights of way, and all property what-
soever, real, personal, and mixed, including its franchise as
a corporation; and as proof and notice of its legal execu-
tion and effectual delivery said mortgage shall be filed and
recorded in the office of the register of deeds for the Dis-
trict of Columbia: Provided, That no bonds shall be issued
Provisos.
Issuance.
until half of the capital stock of said company is paid up
in cash, and the stockholders shall be held individually
liable for the full amount of stock subscribed by them,
respectively, until the same shall have been so paid up in
full: Provided further, That the construction of said road
shall be commenced in one year and completed within three
Commence-
ment and com-
years from the passage of this act.
pletion.
SEC. 11. That the said corporation shall have authority
to make contracts, connections, and arrangements with etc.
Connection,
other railroad companies for the thorough transportation
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CANALS AND STEAM RAILROADS.
of property and passengers, and to make leases, with such
connecting railroads.
Procuring SEC. 12. That if the corporation can not agree with the
right of way.
Condemnation owner for the purchase, use, or occupation of land for the
proceedings.
right of way, or land, or gravel, adjacent thereto and re-
quired for the construction, enlargement, or repair of any
of its works, or if the owner be a married woman, infant,
non compos mentis, or out of the District, the said corpo-
ration may apply to the marshal of the District of Colum-
bia, and he shall issue his warrant or summons for a jury
to meet on the land at a day therein specified, and being
not more than ten or less than five days thereafter.
Jury of inquest SEC. 13. That the said United States marshal shall accord-
as to value.
ingly summon eighteen disinterested men, not related to
either party; and if any of them refuse to attend, he may
then summon or call others immediately to make up the
number of eighteen. Each party shall have the right, in
person or by attorney or agent, if present at the time, to
strike off three, and the marshal shall strike off such as
shall not be stricken off by the parties until the number
shall be reduced to twelve, who shall be a jury.
Assessment of
SEC. 14. That the marshal shall then administer an oath
value and dam-
ages by jury.
or affirmation to every person of the jury that he will im-
partially and to the best of his skill and judgment value
the land or other property required by the corporation, and
also, if the same be land required for the construction of
the said railroad or work, the damage which the owner will
sustain, if any, by the taking of the land for such use.
The jury shall accordingly inquire of such value and dam-
age and make report thereof in writing, to be signed by a
majority of them all, and setting forth in case of land the
boundaries of the land and the estate, interest, or use to
be taken by the corporation. Such inquisition and report
shall be returned by the marshal to the clerk of the circuit
court of the District of Columbia.
n
fi
rmation SEC. 15. That such inquisition and report shall be con-
by the court.
firmed by such court unless good cause be shown to the
contrary, and when confirmed shall be recorded by the clerk
of said court; but for cause the court may set it aside and
order another inquisition, or more than one, from time to
time, to be conducted in like manner as the first and with
like effect until an inquisition and report shall be confirmed
Property
vest in corpora-
to by the court. Upon such confirmation of the first or any
tion award. on paying subsequent inquisition and report, and upon payment of
the amount fixed in the inquisition to be paid by the cor-
poration, either to the owner or in court, as the court shall
order, the said corporation shall be entitled to the property
or such estate, interest, or use as shall have been valued
and described in the inquisition and report, for the pur-
poses hereinbefore specified; and the corporation shall
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have the right to take away for its own use any material
SO valued.
SEC. 16. That Congress reserves to itself the right to Amendment.
alter or repeal this act.
Approved, March 2, 1889.
WASHINGTON SOUTHERN RAILROAD COM-
PANY.
AN ACT granting the right of way through the Arlington Reserva-
tion for railroad purposes.
Be it enacted by the Senate and House of Representatives
Approved Mar.
3, 1893 (27 Stats.,
of the United States of America in Congress assembled, That 747).
the Washington Southern Railway Company is hereby
Wash. So. Ry.
authorized to construct and thereafter maintain and oper-
Co. granted right
of way through
ate its railroad across the grounds of the United States vation.
Arlington Reser-
Government, known as the Arlington Reservation, in the
State of Virginia, opposite the ity of Washington, and
for such purpose said company is hereby granted a right
of way thirty-three feet in width, each side of the center Width.
line of the adopted line for the Georgetown branch of the
Washington Southern Railway through the grounds afore-
Location.
said, at the points marked A and B, respectively, as shown
on plat filed with the Secretary of War: Provided, That
said line or route shall be subject to the approval of
the Secretary of War, and when said right of way shall
Right of way to
revert to U. S.
cease to be used for the purpose aforesaid, the same shall
when it ceases
to be used for
revert to the United States Government, and said road
R.R. purposes.
shall be commenced within one year from the date of the
Road to be com-
menced in one
passage of this act and finished within three years: Pro-
and completed in
vided further, That before this act shall take effect the
three years.
Secretary of War shall cause to be assessed the damage,
Damages to be
assessed, how.
if any, which may accrue to the United States Government
by the grant of this right of way, by three officers of the
Army, and the amount of such award shall be paid into
the Treasury of the United States.
SEC. 2. That the right to appeal, alter, or amend this
act is reserved to Congress.
Approved March 3, 1893.
S. Doc. 220-8
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CANALS AND STEAM RAILROADS.
BALTIMORE AND POTOMAC RAILROAD COM-
PANY.
January 19, 1891. AN ACT supplementary to an act entitled "An act to authorize the
construction of the Baltimore and Potomac Railroad in the District
of Columbia.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
Potomac Rail-
Baltimore and That the construction, maintenance, and use for railway
road sidings,etc., purposes of the turn-outs and sidings of the Baltimore and
in
D.
C.,
Washington, may be Potomac Railroad Company, now extending from its line
used, etc.
between the Anacostia or Eastern Branch of the Potomac
Vol. 14, p. 387:
vol. 16, pp. 1, 78, River and the Long Bridge, in the city of Washington,
161.
into the several squares of ground known and designated
Side tracks, on the plat of the city of Washington as follows: Square
etc., legalized in
designated seven hundred and thirty-seven; square seven hundred
squares.
and thirty-nine; square six hundred and ninety-five; square
northwest of square six hundred and ninety-five; square
west of square six hundred and ninety-five; square north
of square six hundred and ninety-seven; square east of
square six hundred and forty-two; square north of square
six hundred and forty-two; square six hundred and forty-
one; square five hundred and thirty-six; square four hun-
dred and ninety-three; square south of square four hundred
and sixty-three; square four hundred and sixty-four;
square three hundred and eighty-six; square two hundred
and sixty-seven; and square south of square two hundred
and sixty-seven; is hereby authorized, but Congress may
Revocation. at any time revoke said authority, said tracks to be main-
tion.
Street obstruc- tained in such manner as will least obstruct the public
streets, avenues, or alleys on which said tracks are laid,
Supervision. and to be under the general supervision of the Commis-
sioners of the District of Columbia.
District
Com- SEC. 2. That it shall be the duty of the Commissioners
missioners to
grant like facili-
of the District of Columbia, and they are hereby author-
ties elsewhere.
ized and empowered, whenever they consider it a public
benefit, to grant the Baltimore and Potomac Railroad
Company permission to lay, maintain, and use side-tracks
and sidings from the main line or lines of said railroad into
any real estate in the said city abutting on the streets or
avenues on which such line of such company is or may be
situated, east of Four-and-a-half street and south of Vir-
ginia and Maryland avenues, which may be used or occu-
pied for manufacturing, commercial, or other business
purposes by parties desiring the use of such facilities.
Such side-tracks or sidings shall be laid and maintained
under the direction of said Commissioners, and in such
Street obstruc-
tion.
manner as shall least obstruct the use of the public streets
Proviso.
Revocation.
for ordinary purposes: Provided, That the right to revoke
the use of said side tracks or sidings is reserved to Congress.
Acquisition of SEC. 3. That the Baltimore and Potomac Railroad Com-
land by compa-
ny, for business.
pany is hereby authorized and empowered to acquire,
subject to the approval of said Commissioners, for the
purposes of its business, any one or more of the squares
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CANALS AND STEAM RAILROADS.
115
of ground in the city of Washington south of the line of etc.
Description,
the said railroad and north of L street and east of Dela-
ware avenue and north of the Eastern Branch and east of
Thirteenth street southeast, and any one or more squares,
as shall be approved by the said Commissioners, abutting
on the line of said railroad on Maryland and Virginia ave-
nues, east of Four-and-a-half street and south of its main
track on Virginia avenue, and west of Twelfth street
southwest, and to extend, maintain, and use tracks from
Side tracks.
convenient points on the line of said railroad into the said
property, and to cross such streets as may be necessary
Crossingstreets.
for that purpose, and to construct thereon such facilities
as may be necessary for its business as a common carrier,
and approved by said Commissioners, and to maintain such
facilities in connection therewith; such tracks, where they
cross streets, to be laid and maintained under the direction
of the Commissioners of the District of Columbia, and in
such manner as shall least obstruct the use of said streets
Minimum
ob.
struction.
for ordinary purposes. The right to remove such tracks
Removal
of
tracks.
is hereby reserved to Congress. And in case said company
shall be unable for any reason to acquire such properties
or any portion thereof by purchase they may be acquired
Condemnation
by said company in the manner provided by sections num-
proceedings.
bered from six hundred and forty-eight to six hundred
and sixty-three, both inclusive, of the Revised Statutes,
R.S.D.C.,secs.
relating to the District of Columbia; but nothing herein
648-663, pp. 78, 79.
contained shall authorize the condemnation of any church
Excepted prop-
erty.
or school property or property of the United States:
Provided, That nothing contained in this act, and no
Proviso.
Sixth street
expenditure that may be made by said railroad company station tion.
reten-
hereunder shall be held or construed to give said company
any right legal or equitable not now possessed to retain
the passenger station of said company on Sixth street.
SEC. 4. That Congress hereby reserves the right to alter, etc.
A dment,
amend, or repeal this act.
Approved, January 19, 1891.
BALTIMORE AND POTOMAC RAILROAD
COMPANY.
AN ACT For the relief of Kate Winter.
March 28, 1896.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the provisions of the Act of Congress entitled "An
Kate Winter.
Use of land in
Act supplementary to an Act entitled 'An Act to authorize
square 739, Wash-
the construction of the Baltimore and Potomac Railroad in
ington, D. C., by
Baltimore and
the District of Columbia," approved January nineteenth,
Potomac Rail-
road revoked.
eighteen hundred and ninety-one, SO far as the same au-
Vol. 26, p. 718.
thorized the acquisition by said railroad of land for the
business of said company in square numbered seven hun-
dred and thirty-nine in the city of Washington and Dis-
trict of Columbia be, and the same are hereby, repealed.
Approved, March 28, 1896.
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116
CANALS AND STEAM RAILROADS.
CAB SERVICE, ESTABLISHMENT OF, BY RAIL-
WAY COMPANIES, AUTHORIZED.
Resòlved by the Senate and House of Representatives of
the United States of America in Congress assembled, That
the Commissioners of the District of Columbia be, and
they are hereby, authorized to locate on the streets or parts
of streets adjoining the stations of any railroad company
in the District of Columbia, a stand for cabs, carriages,
and other vehicles for the conveyance of passengers to and
from the said railroad stations, said service to be estab-
lished by the said railroad companies. That the rates of
charge for the service to be rendered by the said railroad
companies shall be fixed by the Commissioners of the
District of Columbia, and that at no time shall the schedule
exceed the rates now in force in the city of Washington,
District of Columbia.
Act of June 7, 1898, 30 S. L., p. 747.
BALTIMORE AND OHIO RAILROAD COMPANY.
February 12, 1901. AN ACT to provide for eliminating certain grade crossings of railroad
in the District of Columbia, to require and authorize the construc-
tion of new terminals and tracks for the Baltimore and Ohio Rail-
road Company in the city of Washington, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
lumbia. District of Co- the Baltimore and Ohio Railroad Company, and the ter-
Baltimore and minal company incorporated as provided in this Act, be
Ohio Railroad.
Elimination
of and each of them is hereby, empowered and authorized to
grade crossings,
locate, construct, maintain, and operate new terminals and
construction of
new
terminals, new lines of railroad to accommodate the traffic of the said
etc.
Baltimore and Ohio Railroad Company, in connection with
its Washington Branch Railroad and Metropolitan Branch
Railroad within the District of Columbia and in the city of
Washington, as hereinafter provided. The said new ter-
Location
of
minals and terminal tracks shall occupy the streets, ave-
new terminals
and tracks.
nues, public reservations, and property belonging to the
United States, and such of the lands and property belong-
ing to others as may be acquired by either of said com-
panies, situate and lying within the area bounded as fol-
lows, to wit: Beginning at the intersection of the south
line of H street north and a line forty feet from the east
building line of Delaware avenue and parallel thereto;
thence along said line parallel to the easterly building line
of Delaware avenue and forty feet therefrom to the west
line of First street east; thence by said west line of First
street east to the north line of C street north; thence by
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CANALS AND STEAM RAILROADS.
117
said north line of C street north to the east line of North
Capitol street; thence north by said east line of North
Capitol street to the south line of Massachusetts avenue;
thence by a straight line to the intersection of the west
line of First street east and the south line of H street
north; thence to the point of beginning, or so much of
this area as may be found to be necessary for proper ter-
minal facilities and agreed upon between the Baltimore
and Ohio Railroad Company and the Commissioners of the
District of Columbia: Provided, That no portion of any
Proviso.
street shall be closed under authority of this Act until said
Access to pri-
vate property
railroad company shall have secured control of the prop- not
to
be
im-
erty abutting upon said portion to be closed, it being the paired.
intent hereof that no property owner shall be deprived of
egress from or ingress to his property.
The main lines of railroad connecting said new terminals
Location of
connecting lines
and terminal tracks with the present lines of railroad of between
termi-
said Washington Branch and said Metropolitan Branch lines.
nals and present
shall be located as follows: From the south side of H
street said lines shall run by a masonry viaduct of width
sufficient for five tracks, but not exceeding in width eighty
feet, with such turn-outs and sidings to adjoining property
as may at any time hereafter be constructed under the au-
thority of this Act, northerly along the middle of Dela-
ware avenue to the north line of M street; thence north-
erly still in Delaware avenue, with five main tracks, but
with the right to locate and construct sidings in Delaware
avenue to and into adjoining property, including all of
square numbered seven hundred and forty-eight, and cross-
ing Florida avenue overhead by means of, a two-span plate-
girder bridge, or by masonry arches, to the north side of
Florida avenue; thence by diverging lines crossing over
New York avenue by means of a two-span plate-girder
bridge or bridges over the same, or by masonry arches;
the one line, with two or more tracks, by the most practical
route in a general northeasterly direction, to a point of
connection with the present tracks of the Washington
Branch Railroad north of Winthrop Heights Station, and
the other line, with two or more tracks, in a northerly direc-
tion by the most practicable route, to a point of connection
with the present tracks of the said Metropolitan Branch
Railroad at or near Rhode Island avenue extended.
SEC. 2. That said companies be, and each of them is Location of
hereby, authorized and empowered to locate, construct, roundhouses,etc.
maintain, and operate, outside of the city limits and south
of V street, yard tracks, switches, roundhouses, shops, and
other structures necessary or proper for the accommoda-
tion of locomotives and cars for the conduct of its business
or for the purposes of a freight yard; and also to locate,
build, maintain, and operate, beyond the city limits, a
branch track or "Y" for the passage of trains directly to -branch track
and fro between the Metropolitan Branch and the Wash- or "Y."
ington Branch without entering the city: Provided, That
said roundhouses and shops shall be located within said
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CANALS AND STEAM RAILROADS.
"Y" as far eastwardly as in the judgment of the Commis-
sioners of the District of Columbia it is practicable.
Streets to be
SEC. 3. That to accomplish the purposes of this Act the
vacated, etc.
following-named streets in the subdivision of Eckington
east of the right of way of the Metropolitan Branch of the
Baltimore and Ohio Railroad Company shall be completely
vacated and abandoned by the public and closed to public use,
namely: Q, R, Third between New York avenue and Florida
avenue, Fourth, Fifth, and Randolph streets; S and Seaton
streets west of Sixth street; and Sixth street south of U
street and Seventh street between New York avenue and
Brentwood road shall not be opened. The Brentwood road
shall also be closed between S street and Florida avenue.
New York avenue and Florida avenue shall be carried
under said railroad, as provided in the first section of this
Act. T and V streets shall be carried under by a subway,
or over the Metropolitan Branch Railroad by a bridge or
Elevated viaduct. Between the north line of M street and the south
tracks.
line of G street all the tracks hereinbefore authorized shall
be elevated and carried on a masonry viaduct, which said
viaduct shall be so constructed with arches or bridges as
to permit each and every intersecting street or avenue in
the city to be passed and continued under the same through
arched openings or spaces of sufficient clearance to permit
the free and unobstructed use of said streets and avenues,
in the form. and manner and of the dimensions shown and
indicated on the plan and profiles agreed upon between
the said Baltimore and Ohio Railroad Company and the
Commissioners of the District of Columbia, and now on
Proviso.
file in the office of the Engineer Commissioner: Provided,
Metal bridge
on M street.
That M street may be crossed by a metal bridge instead of
a masonry arch, if desired, in order to avoid any change
in the grade of said street.
Vacatedstreets The following-named streets within the city limits shall
in city.
be completely vacated, abandoned, and closed, namely: N
street, between Second street east and Third street east,
and Delaware avenue shall be closed and abandoned between
the south line of Florida avenue and the north line of M
street; E street between First street and North Capitol
street; D street between First street and North Capitol
street, and Delaware avenue between F street and Cstreet,
it being the intention of this Act that all streets, avenues,
ways, and alleys within the area to be occupied and used
for terminals and terminal tracks, as shown on said plan
filed in the office of the Engineer Commissioner, shall be
completely vacated, abandoned, and closed, and the use
thereof and of any public reservation or street spaces of
the United States within said area be granted to the said
railroad company or terminal company constructing such
terminals for the purposes of the same, except that Massa-
chusetts avenue and F street shall be carried under said
terminals by means of arches, in accordance with plans ap-
proved by the Commissioners of the District of Columbia.
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CANALS AND STEAM RAILROADS.
119
The Commissioners of the District of Columbia are
Authority to
close streets, etc.
hereby authorized and directed to causeall streets, avenues,
ways, and alleys to be closed, as provided in this Act and
in accordance with the intent thereof; and also to make
such changes in the existing lines and grades of any street,
avenue, or way as may be reasonably required, deemed
necessary, or advisable in the construction of the works
hereby authorized.
That such portions of the structures carrying T and V
streets over and under the tracks of the Baltimore and
Ohio Railroad Company as lie within the limits of the
right of way of said company shall be built and paid for
by said company; and that SO much of the change of grade
at M street and Florida avenue as may be necessary to
carry said highways under the line of the railroad within
the limits of the right of way of said company shall be
paid for by the railroad company. The approaches, how.
ever, to said T street, V street, Florida avenue, and M
street, and all of the work not within the right of way at
said points shall be made and constructed by and under
the supervision of the Commissioners of the District of
Columbia and paid for from funds available for the
purpose.
SEC. 4. That the Baltimore and Ohio Railroad Company
Locationof fire
engine house.
shall, before taking possession of the ground now owned
by the United States in square six hundred and eighty-
three, secure and convey to the United States a tract of
ground containing not less than twenty-one thousand square
feet, which location shall be subject to the approval of
the Commissioners of the District of Columbia and the
Sergeant-at-Arms of the United States Senate, and locate
thereon a fire-engine house at a cost of not less than thirty
thousand dollars and stables at a cost of not less than fif-
teen thousand dollars; or, if said company prefers, it may
have the said buildings erected by the Commissioners of
the District of Columbia by depositing the amounts stated
above with the said Commissioners and Sergeant-at-Arms,
respectively, and when such buildings have been accepted
by the District of Columbia and the Sergeant-at-Arms of
the Senate, respectively, or the amounts necessary for
their construction deposited as aforesaid, it shall have
authority to remove said structures on the ground afore-
said. And the Baltimore and Ohio Railroad Company
shall have the right to condemn such land in the city as is
hereinbefore required, and for said purposes the provi-
sions of section eleven of this Act are hereby made appli-
cable to the provisions of this section.
SEC. 5. That in addition to the main or terminal station
Location of ad-
ditional passen-
or depot, to be located as hereinbefore provided, the
more and Ohio Railroad Company, or the terminal com-
pany incorporated as provided in this Act, may from time
to time hereafter construct, establish, and maintain such
additional stations or depots, for passengers or freight, as
the company may deem necessary or useful in the conduct
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CANALS AND STEAM RAILROADS.
of its business, or for the accommodation of the freight and
passenger traffic passing over the lines of railroad author-
ized by this Act, at such point or points within said Dis-
triet as the Commissioners of the District of Columbia
Provisos.
-qualification.
shall approve: Provided, That no such station or depot
within the city limits shall be located east of Second street
east, and west of North Capitol street, and it shall be law-
ful for either of said companies to acquire, by gift, pur-
Adjacent land
may be acquired.
chase, or condemnation, any land adjacent to any street or
avenue along or upon which the lines of railroad and
works hereby authorized shall be located, and hold and
improve the same in such manner as it may deem necessary
or beneficial to accommodate or promote the traffic on said
-extension
of
tracks on.
railroad, and to extend and construct tracks of railroad
into and upon any lands SO acquired and connect the same
with the tracks on such adjacent street or avenue: Pro-
-no grade cross-
vided, however, That no grade crossing of any street or
ing to be created,
etc.
avenue within the city of Washington shall be thereby
created, but such connecting tracks shall be elevated and
carried over the portion of such street or avenue crossed
in such manner as not to obstruct the free use thereof, and
the plans of such connecting tracks and elevated struc-
ture shall in every case be first filed with and approved by
Sidings
the Commissioners of the District of Columbia. And it
manufactories,
etc.
shall be lawful for said companies, or either of them, sub-
ject to the same conditions and restrictions, to extend and
construct, from time to time, branch tracks or sidings
from the lines of railroad authorized by this Act into any
lot or lots adjacent to any street or avenue along which
said lines of railroad are located, upon the application of
the owner or owners of such lot or lots, to enable such
owners to use their property for the purposes of coal,
wood, or lumber yards, manufactories, warehouses, and
other business enterprises.
Temporary
tracks
author-
SEC. 6. That if it should at any time be deemed neces-
ized.
sary or advisable in the construction of the works hereby
authorized to lay temporary tracks on any street or ave-
nue to accommodate the business of the Baltimore and
Ohio Railroad Company pending the completion of such
works, the said company may lay such temporary tracks,
subject to the approval and under the direction of the
Commissioners of the District of Columbia, and shall re-
move the same and restore every such street or avenue
to its former condition, to the satisfaction of such Com-
missioners, within sixty days after the time fixed for the
completion of the works hereby authorized.
Plans.
SEC. 7. That it is the intention of this Act that the loca-
tion and construction of the new terminals, terminal
tracks, viaduct, and railroad lines hereby authorized within
the city of Washington shall be substantially in accordance
with the plans agreed upon by and between the Commis-
sioners of the District of Columbia and the Baltimore and
Ohio Railroad Company, which plans with the accompany-
ing drawings, maps, and tracings, signed by the Commis-
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CANALS AND STEAM RAILROADS.
121
sioners and by the chief engineer of such railroad com-
pany, are filed in the office of the Engineer Commissioner
of said District; but that the company constructing said
works shall be authorized to make such minor changes Or -changes.
modifications of or departures from said plans, drawings,
maps, and tracings as it may reasonably require or deem
necessary, advisable, or advantageous and as the Commis-
sioners shall approve and agree to; and in case of any -approval.
change or modification of or departure from the present
plans the Baltimore and Ohio Railroad Company shall sub-
mit the new plans to the said Commissioners for their
approval, and shall file duly authenticated copies of said
plans, after approval, with the Commissioners.
All work of construction authorized by this Act which
Approval
of
construction.
shall affect in any way the existing streets or avenues of
the city or District not hereby abandoned and closed shall
be done to the satisfaction and subject to the approval of
the Commissioners of the District of Columbia, who are
authorized to exercise such supervision over the same as
may be necessary to secure the proper construction and
maintenance thereof. The company shall also deposit Deposit
for in-
with the collector of taxes of the District of Columbia such spection.
sums of money as the Commissioners of said District may
reasonably require to cover the cost of District inspection.
SEC. 8. That of the works hereby authorized the via-
Completion of
duct and main lines of railroad thereon and extending there- work.
from to their points of connection with the Washington
Branch Railroad and Metropolitan Branch Railroad,
respectively, shall be completed, and said new terminals
shall be ready for occupancy, within five years from the
date of the passage of this Act.
From and after the expiration of five years from the Removal of
date of the passage of this Act all rights of the Baltimore
present tracks.
and Ohio Railroad Company to maintain and operate the
present tracks of its Washington Branch Railroad within
the limits of the city of Washington, and the present
tracks of its Metropolitan Branch Railroad south of the
northern line of New York avenue, also extending from
the north line of New York avenue to the north line of
Q street, and west of the east line of Third street to said
north line of New York avenue, shall cease and determine;
and the said railroad company shall thereupon, within such
reasonable time as the Commissioners of the District of
Columbia shall prescribe, remove all such tracks and struc-
tures connected therewith from the streets, avenues, pub-
lic reservations, or other propérty of the United States
on all the lines to be abandoned as aforesaid. Said Balti- Company to
deed to United
more and Ohio Railroad Company shall also immediately States right of
execute, acknowledge, and deliver to the Commissioners of Washington
way, etc., of
the District of Columbia a deed, in due form of law, grant-
Branch Rail-
road, etc.
ing, conveying, assigning, and transferring to the United
States of America all the estates, right, title, and interest
that it, the said Baltimore and Ohio Railroad Company,
has in, to, or out of the lands included within the limits of
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CANALS AND STEAM RAILROADS.
the roadway or right of way of the Washington Branch
Railroad of said company from the west line of Second
street to Winthrop Heights station and of the Metropolitan
Branch for the continuation of Third street from Q street
south to New York avenue, of an even width as north of
Q street, subject, however, as to so much of said lands as
lie north of Florida avenue and outside of the limits of the
city of Washington, to the continued maintenance and
use of the present tracks of said railroad company there-
on, for the purpose of reaching its yard and roundhouse
at Trinidad, until its new yard in or near Eckington and
its roundhouse, authorized by this Act, shall be ready for
use, but not exceeding six years from the date of the pas-
sage of this Act; said company, however, to have the right
to remove its tracks and structures from the lands so
granted within sixty days after the expiration of its right
to maintain and use its tracks thereon.
Appropriation
for payment to
In consideration of the surrender by the Baltimore and
company.
Ohio Railroad Company, under the requirements of this
Act, of its rights under the several Acts of Congress here-
tofore passed, and under its several contracts with the
municipal authorities of the city of Washington authorized
by said Acts of Congress, and in consideration of the large
expenditures required for the construction of the new ter-
minals, viaduet, and connecting railroads, as required by
this Act, to avoid all grade crossings of streets and avenues
within the city of Washington, and, further, in considera-
tion of the grant and convevance to the United States of
the lands included within the limits of the roadway and
right of way of the Washington Branch Railroad, which
can be used for a street or avenue for the public benefit,
the sum of one million five hundred thousand dollars, to be
paid to said railroad company toward the cost of the con-
struction of said elevated terminals, viaduct, and structures
within the city of Washington, shall be, and is hereby,
appropriated, one balf to be paid out of any money in the
Treasury of the United States not otherwise appropriated,
the other half to be paid out of the revenues of the Dis-
trict of Columbia. The sum so appropriated shall be paid
upon presentation of a certificate by the Commissioners of
the District of Columbia that the said viaduct has been
completed as required by this Act.
Payment of
half chargeable
In order to provide for the one half of said amount
against the Dis-
chargeable to the District of Columbia, the Commissioners
trict.
thereof shall, on the first day of July following the passage
of this Act, and annually thereafter, pay over to the Treas-
urer of the United States, out of the revenues of the
District of Columbia, the sum of one hundred and fifty
thousand dollars, to be invested by the said Treasurer in
interest-bearing bonds of the United States or the District
of Columbia, until the full sum of seven hundred and fifty
thousand dollars, as provided herein, shall have been paid.
Property tax
SEC. 9. That the property occupied by the Baltimore
able.
and Ohio Railroad Company, or by the proposed terminal
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CANALS AND STEAM RAILROADS.
123
company, under authority of this Act, together with the
improvements which may be put thereon, shall be subject
to tax by the District of Columbia the same as other prop-
erty in the District of Columbia: Provided, That no as- Proviso.
sessment, valuation, or tax shall be made or levied on the tion.
-basis of taxa-
railroad or terminals located, constructed, or maintained
under the authority of this Act in excess of that which
would or could be lawfully made, laid, or levied if said
railroad and terminals were so located, constructed, and
maintained without the use of bridges, viaducts, retaining
walls, and other structures necessary or properly employed
to elevate the same as required by this Act, it being the true
intent and meaning hereof that the railroad and terminals
hereby authorized shall be assessed and valued for pur-
poses of taxation and taxed on the same basis as if the
same were not constructed and maintained by means of
such bridges, viaducts, retaining walls, and other struc-
tures.
SEC. 10. That if, for the purpose of constructing and Organization
of terminal com-
owning the terminals, viaduct, railroads, depots, stations, pany in District.
and other works authorized by this Act, or any part
thereof, the Baltimore and Ohio Railroad Company shall
deem it expedient or advisable that a terminal company
in its interest be created and organized in the District
of Columbia, the said Baltimore and Ohio Railroad Com-
pany, or some person thereto authorized on its behalf by
resolution of its president and directors, together with
other persons not less than seven in number, of whom
a majority shall be residents of the District of Columbia,
shall cause a certificate of incorporation to be executed
and recorded in accordance with the provisions of the
general incorporation Act of Congress for the District
of Columbia relating to railroad companies, being sections
R.S.D.C.,secs.
six hundred and eighteen to six hundred and seventy-six, etc. 618-676,
pp.
74.
both inclusive, of the Revised Statutes relating to the Capital stock.
District of Columbia, with such capital stock, not to
exceed five million dollars fully paid up, and under such
corporate name as may be set forth in such certificate.
The corporation SO formed shall be vested with all the
authority, rights, and privileges granted by said general
Act, but the Baltimore and Ohio Railroad Company, or
such persons as it may designate by resolution of its pres-
ident and directors, shall be entitled to subscribe for and
hold all the stock of said corporation, without advertise-
ment or allotment, as provided in said sections six hundred
and twenty-one and six hundred and twenty-two of said
Revised Statutes. Said corporation shall also be vested
Powers of cor-
poration, etc.
with and enjoy all the authorities, rights, and privileges
herein granted, SO far as the same are applicable to or
exercisable in its undertaking, as set forth in its said cer-
tificate of incorporation, and it shall be bound by all the
limitations and provisions of this Act. Said corporation
shall have the further powers to contract with the Balti-
more and Ohio Railroad Company for the use or operation
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CANALS AND STEAM RAILROADS.
of its railroad and works by the last-named company, or
for the lease of the same, on such terms as may be agreed
upon between the two companies, and shall also have the
right and power, exercisable at any time, to sell and con-
vey all its railroad, works, and property to the said Balti-
more and Ohio Railroad Company in consideration of the
latter company assuming all its debts and liabilities and
agreeing to repay to every stockholder the amount of
money actually paid in on the stock held by him.
On the execution, delivery, and recording of the deed of
conveyance, pursuant to and in consummation of such
sale, the said terminal company shall ipso facto be dis-
solved and its corporate existence shall cease.
In the event, however, that the said terminal company
shall not be organized under the provisions of this Act
then the privileges, powers, and duties herein conferred
and imposed shall devolve exclusively upon the Baltimore
and Ohio Railroad Company.
Acquiring
SEC. 11. That the Baltimore and Ohio Railroad Com-
land for termi-
nals, etc.
pany and the terminal company incorporated as herein pro-
vided shall be authorized and empowered, from time to
time, to take, acquire, and hold, in fee simple, all lands
and property required for the terminals, stations, yards,
railroad facilities, and other works authorized by this Act,
either by purchase or by condemnation, as provided in
R. S. D. C., sec.
648-663, pp. 78, 79.
sections six hundred and forty-eight to six hundred and
sixty-three, both inclusive, of the Revised Statutes, relat-
Proviso.
ing to the District of Columbia: Provided, That in every
case in which an assessment of damages or an award shall
Right of
entry have been returned by the appraisers, the company upon
on deposit of ap-
praisers' award.
paying into court the amount so assessed or awarded, may
enter upon and take possession of the lands and property
covered thereby, irrespective of whether exceptions to
said assessment or award shall be filed or not, and the sub-
sequent proceedings shall not interfere with or affect such
possession, but shall only affect the amount of the com-
pensation to be paid.
Line outside
city limits au-
SEC. 12. That the Baltimore and Ohio Railroad Company
thorized.
and the Terminal Company, incorporated as provided in
this Act, be, and they are hereby, authorized and empow-
ered to locate, construct, maintain, and operate outside of
the limits of the city of Washington a line of railroad with
one or more tracks extending from a connection with the
Washington Branch Railroad and with the railroad author-
ized by the foregoing sections of this Act north of Win-
throp Heights station by such route as the company may
select as most practicable, and be approved by the Com-
missioners of the District of Columbia, to a connection
with the Baltimore and Potomac Railroad and with the
said Baltimore and Ohio Railroad Company's Shepherds
branch at or near Bennings station; and in the location,
construction, maintenance, and operation of the line of
railroad authorized by this section the said companies may
exercise all the authorities, rights, privileges, and fran-
chises by this Act conferred upon and vested in them in
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CANALS AND STEAM RAILROADS.
125
respect of the lines of railroad authorized by the foreging
sections of this Act, outside of the limits of the city of
Washington: Provided, That whenever in the construction
Proviso.
of said line of railroads it shall be found necessary to cross
-highway cross-
ings, approval of
any existing public highway of the District of Columbia plans.
the company shall submit to and file with the Commission-
ers of the District of Columbia proper plans showing the
intended crossing, shall obtain the approval of the same
by the said Commissioners, and shall construct such cross-
ing only in conformity with such approved plan. Every
such highway crossing shall be either over or under grade
where practicable without increasing the grades on said
railroad or causing unreasonable expense in construction;
and for the purpose of avoiding grade crossings the Com-
- relocating
highways.
missioners of the District of Columbia shall be fully au-
thorized and empowered to change the grade of any such
public highway so as to pass the same over or under said
railroad, and to deflect or divert any such highway SO as
to pass over or under said railroad at a different point of
crossing, and to close so much of the said highway as is
abandoned; and the company shall acquire, by purchase or
condemnation, at its own expense, all lands required to
relocate such highways, and shall pay the cost of all new
construction or work required to restore any such highway
raised, depressed, deflected, or relocated as above pro-
vided, all of which construction and work shall be done to
the satisfaction and subject to the approval of the said
Commissioners.
SEC. 13. That all existing laws or parts of laws incon- Repeal.
sistent with the provisions of this Act are hereby repealed
to the extent to which they are SO inconsistent, but to no
further or other extent.
SEC. 14. That Congress reserves the right to alter, amend,
Amendment.
or repeal this Act.
Approved, February 12, 1901.
BALTIMORE AND POTOMAC RAILROAD COM-
PANY.
AN ACT To provide for eliminating certain grade crossings on the February12. 1901.
line of the Baltimore and Potomac Railroad Company, in the city
of Washington, District of Columbia, and requiring said company
to depress and elevate its tracks, and to enable it to relocate parts
of its railroad therein, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
District of Co-
lumbia.
the Baltimore and Potomac Railroad Company be, and it
Baltimore and
Potomac Rail-
is hereby, empowered, authorized, and required to revise, road.
change, and improve the alignment and grade of its rail-
Elimination of
grade crossing,
road, and to relocate parts thereof within the city of Wash- etc., directed.
ington, in the District of Columbia, as hereinafter provided,
to wit:
Beginning at a point in its present tunnel under Virginia
Relocation of
tracks, etc.
avenue near the intersection of Eleventh street southeast,
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CANALS AND STEAM RAILROADS.
and extending thence by a continuation of said tunnel, with
a width sufficient for not less than two nor more than four
tracks, along and under Virginia avenue to the west side of
Second street southeast; thence in the open, with a width
sufficient for four main tracks, along what would be Vir-
ginia avenue if extended through reservation seventeen,
now called Garfield Park, to another section of Virginia
avenue as now opened at South Capitol street; thence along
said last-mentioned section of Virginia avenue to a connec-
tion with its present four main tracks and right of way near
Delaware avenue; thence continuing said four tracks along
and on said Virginia avenue and Maryland avenue to the
Potomac River; and also from points on said last-described
line, that is to say, from east of Sixth street southwest;
thence by a curved line with three tracks crossing over
Sixth street southwest, Maryland avenue, and B street
southwest, to and upon that portion of the Mall herein-
after described; and from a point west of Seventh street
southwest by a curved line, with three tracks over Seventh
street southwest, Mary land avenue, and B street southwest,
to and upon said portion of said Mall, with such grade, and
at such elevations, with reference to the streets of said
city, and on such locations as are shown on the plans and
profiles prepared by said railroad company, and approved
by the Commissioners of the District of Columbia, and as
hereinafter specified; it being the purpose of this Act that
the said railroad shall be located under Sixth street south-
east, Fifth street southeast, Fourth street southeast, Third
street southeast, and Second street southeast, in a tunnel
as aforesaid; that New Jersey avenue shall be carried over
said railroad on an iron or steel bridge; and that said rail-
road shall be carried over South Capitol street, Delaware
avenue, First street southwest, Second street southwest,
Third street southwest, Four-and-a-half street southwest,
Sixth street southwest, Seventh street southwest, Maryland
avenue, and B street southwest, and that Ninth street south-
west, Tenth street southwest, Eleventh street southwest,
and Twelfth street southwest shall be carried over said
railroad on iron or steel bridges. The railroad shall also
be carried over Water street southwest.
REMOVAL OF TRACKS FROM SIXTH, K, AND CANAL STREETS.
Removal of SEC. 2. That the said Baltimore and Potomac Railroad
tracks from
Sixth, K. and Company be, and it is hereby, required to remove its pres-
Canal streets.
ent eastern connection between its passenger station and
its line on Virginia avenue via Sixth street, including all
tracks on Sixth street, and its western connection via
Maryland avenue, and to change and relocate its tracks
connecting with the new terminus contemplated by this
Act, in the manner authorized and provided by the preced-
ing section hereof, and as shown on the plans and profiles
in said section referred to, and also shall remove its tracks
from K street and Canal street, east of New Jersey avenue
southeast; and said tracks which are to be abandoned shall
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CANALS AND STEAM RAILROADS.
127
be removed within sixty days after the new track is ready
for use, and the roadway of said Sixth street between B
street south and B street north shall be provided with a
modern pavement at the expense of said railroad company,
to the satisfaction of the Commissioners of the District of
Columbia.
STATION BUILDING.
SEC. 3. That in order to accommodate the increasing ing. Station build-
passenger, mail, express, and other traffic in the city of
Washington the said Baltimore and Potomac Railroad
Company shall have and be possessed of the right, which
is hereby granted and conferred, to occupy and use, on
the conditions hereinafter mentioned, that portion of the
Mall lying between B street southwest and B street north- location.
west as the southerly line of said B street northwest is
hereinafter defined, and between the west line of Sixth
street and a line drawn parallel therewith and three hun-
dred and forty feet west thereof, and to erect and main-
tain thereon a station building and appurtenances, train
sheds, and tracks and sidings in connection therewith suit-
able and adequate for the convenient accommodation of
said traffic; and the said Baltimore and Potomac Railroad
Company shall, in connection with its occupation and use
of the portion of the Mall hereby granted, locate, con-
struct, and maintain beneath its tracks and structures on
the line of West Capitol street, as shown on the city
Arch passage-
maps, a substantial arch or arches not less than two hun- tol
way, West Capi-
street.
dred feet in width, as a public passageway for vehicular
and pedestrian traffic (as shall be approved by the Com-
missioners of the District of Columbia), which shall be so
constructed as to afford roadways and sidewalks; and the
said company shall also pave the said passageways at the
time of their construction to the satisfaction of the Com-
missioners of the District of Columbia, but thereafter the
maintenance of the pavement and roadways shall devolve
upon the said District of Columbia. The station building
Cost, etc., of
to be erected on the Mall shall cost not less than one mil- station building.
lion five hundred thousand dollars, inclusive of the car
sheds, which shall be of ornamental or monumental char-
acter, and shall be designed, SO far as practicable, so as not
to impair the appearance of the Mall; the plans thereof to
be approved by the Secretary of War: Provided, That
Proviso.
upon the lands on the Mall hereby granted to the use of
No freight de-
pot, etc., on
the Baltimore and Potomac Railroad Company no freight Mall.
depot, warehouse, or other structure, except such as is
necessary to its use as the site of a passenger station, shall
be erected; and that no tracks, except such as are neces-
sary to the service of such passenger station, shall be laid
or operated on said land.
TEMPORARY TRACKS.
SEC. 4. That if it should at any time be deemed neces-
Authority to
lay temporary
sary or advisable, in the construction of the works herein tracks.
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CANALS AND STEAM RAILROADS.
authorized, to lay temporary tracks on any strect or
avenue to accommodate the business of the Baltimore and
Potomac Railroad Company pending the completion of
such works, the said company may lay such temporary
tracks, subject to the approval and under the direction
of the Commissioners of the District of Columbia, and
shall remove the same and restore every such street or
avenue to its former condition, to the satisfaction of said
Commissioners, within sixty days after the time fixed for
the completion of the works herein authorized.
REMOVAL OF FISH COMMISSION BUILDING.
Fish Commis-
SEC. 5. That the United States Fish Commission build-
sion building.
ing and appurtenances, now located on that part of the
Mall hereby granted to said Baltimore and Potomac Rail-
-removal of.
road Company, shall be removed therefrom and rebuilt on
the said Mall west of the portion thereof SO granted to said
-rebuilding.
railroad company, under the directions of, and according
to plans approved by, the Chief of Engineers of the United
-expense of; States Army; and the cost of such removal and rebuilding
limit.
shall be defrayed by the said Baltimore and Potomac Rail-
road Company to an amount not exceeding forty thousand
Proviso.
dollars: Provided, That the expense of such removal and
-United States
liable for excess.
rebuilding in excess of forty thousand dollars shall be
paid by the United States.
RETAINING WALL.
Retaining
SEC. 6. That in elevating or depressing its tracks, as
walls for em-
bankments, etc.
hereinbefore authorized, the said railroad company is
hereby required to support the sides of all embankments
and excavations made in the streets wherein the same are
located with suitable retaining walls of stone. These walls,
in cases of excavation, shall be carried to a height of four
feet above the revised grades of said streets, or shall be
Space
pied on Mary-
occu- provided with suitable iron railings. The space to be
land avenue.
occupied and used by the said railroad company where its
tracks are depressed on Maryland avenue shall not exceed
fifty-eight feet between the inside faces of the parallel
retaining walls, measured at the level of the said tracks,
as shown on said plans and profiles.
STREETS TO BE VACATED.
Streets to be SEC. 7. That to enable said Baltimore and Potomac Rail-
vacated.
road Company to effect the revision, change, and improve-
ment in the alignment and grade of its railroad, and the
relocation of parts thereof as authorized and contemplated
by this Act, the following-named streets and crossings in
said city of Washington shall be, upon the completion of
the work herein authorized, completely vacated and aban-
doned for public use, namely:
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CANALS AND STEAM RAILROADS.
129
Canal street, as located and shown on the city maps,
between South Capitol street and New Jersey avenue.
G street southeast and H street southeast, between South
Capitol street and New Jersey avenue.
I street southeast, between First and South Capitol
streets.
Virginia avenue, on the south side of the said railroad,
between Second street and Four-and-a-half street south-
west, and on the north side of the said railroad between
Four-and-a-half street and Seventh street southwest.
Maryland avenue, on the south side of said railroad,
between Ninth and Tenth streets southwest.
Maryland avenue, between Twelfth and Fourteenth
streets southwest; and in consideration of, and in con-
nection with, the vacation of said portion of Maryland
avenue between Twelfth and Fourteenth streets southwest,
the said railroad company shall acquire and dedicate to the
District of Columbia the necessary property to increase
the present width of D street southwest, between Twelfth
and Fourteenth streets southwest, thirty feet on the south
side thereof.
Thirteenth and Thirteen-and-a-half streets, between D
and Water streets southwest, and
E street southwest, between Twelfth street southwest
and Water street.
The following-named streets are hèreby vacated and
abandoned, namely:
F street southwest and E street southwest, where they
cross the said railroad;
D street southwest, between Four-and-a-half and Sixth
streets southwest;
C street southwest, between Sixth and Seventh streets
southwest: Provided, however, That nothing herein con- Provisos.
tained shall be construed to prohibit the public authori-
Repair of sew-
ers, etc., in va-
ties from entering upon vacated and abandoned streets and cated
streets per-
avenues for the purpose of locating, constructing, main- mitted.
taining, or repairing therein sewers, water mains, gasmains,
conduits, or other underground construction necessary
for the public comfort, convenience, or health: And pro-
vided further, That no portion of any street shall be closed
under authority of this Act until said railroad company
shall have secured control of the property abutting upon
said portion to be closed, it being the intent hereof that
no property owner shall be deprived of egress from or
ingress to his property.
CHANGES IN GRADE; WIDENING B STREET.
The Commissioners of the District of Columbia are Commission-
ers may change
hereby authorized and directed to make all such changes grades.
in the lines and grades of any street or streets in said city
as may be reasonably required or deemed necessary or
advisable in connection with the revision, change, improve-
ment, and partial relocation of said railroad by this Act
S. Doc. 220-9
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CANALS AND STEAM RAILROADS.
contemplated, and particularly are authorized and directed
Widening B to widen B street northwest, on its southerly side, between
street.
Sixth and Seventh streets, 80 as to conform to the south-
erly line of said street as it now exists west of Seventh
street, and to widen Seventh street on its easterly side
between B street northwest and the northerly line of West
Capitol street, as shown on the city maps, as follows: For
a distance of one hundred and thirty feet south from the
southerly line of said B street northwest, when widened
as herein authorized, to a width of two hundred and twenty
feet, and for the residue of the distance to the northerly
line of West Capitol street to a width not exceeding one
hundred and thirty feet.
GARFIELD PARK.
Use of part of
SEC. 8. That in consideration of and in connection with
Garfield Park
authorized.
the changes and improvements to be made in the said rail-
road by the Baltimore and Potomac Railroad Company, in
conformity with the requirements of this Act, the said
railroad company shall have and be possessed of the right
and privilege, which are hereby expressly granted and
conferred, to occupy and use, for tracks and other corpo-
rate purposes, all that portion of reservation seventeen,
now known as Garfield Park, which lies to the southward
of its main tracks when located as authorized by this Act,
as well as that portion thereof which shall be occupied by
said main tracks as located on said plans and profiles; and
also the like right and privilege to occupy and use, for
similar purposes, the parts or portions of the several
streets and crossings which are by this Act vacated and
abandoned.
DIVISION OF COSTS.
Divisionof
of improve-
cost SEC. 9. That the entire cost and expenses of the revi-
ments.
sion, changes, relocations, and improvements of and in said
railroad, as authorized and required by the preceding sec-
tions of this Act, and of all structures connected therewith
or incidental thereto, shall be borne, paid, and defrayed
in manner following, to wit: The said Baltimore and Poto-
mac Railroad Company shall bear, pay, and defray all
cost and expense of the relocations, elevation, and depres-
sion of its tracks within the limits of its right of way as
are authorized and required by this Act, including the
construction of so much of the bridges conveying streets
over its tracks, right of way, and other property as shall
be within the limits thereof, and the reconstruction within
such limits of the streets which shall be carried beneath
the same, the cost and expense of removing its tracks from
Sixth street north of Virginia avenue, and from K street
and Canal street, and the restoration of such parts of said
streets for the uses of the public, and the cost and expense
of constructing and maintaining the arch or arches for pas-
sageways underneath its said tracks located on the Mall,
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CANALS AND STEAM RAILROADS.
131
as well as the original cost of paving the roadways and
sidewalks to be located within the said passageways. All
other costs, expenses, and damages resulting from, inci-
dental to, or connected with the revisions, changes, and
improvements in alignment and grades of said railroad, or
the relocations thereof by this Act required and author-
ized, and from changes in the grades of the streets or the
railroad, and the lawful operation of the said railroad
upon the location and structures contemplated and required
by this Act, and whether to property owners affected
thereby or otherwise, as well as the cost and expense of all
street approaches to said company's tracks and right of
way, whether overhead by means of bridges or under grade,
shall be borne, paid, and defrayed in manner following,
to wit: Fifty per centum thereof by the United States and
the remaining fifty per centum thereof by the District of
Columbia, which last-mentioned fifty per centum shall be
levied and assessed upon the taxable property and privi-
leges in said District other than the property of the United
States and of the District of Columbia.
All work within the limits of the said railroad company's Approval of
work, etc.
right of way, including the bridges within said limits,
shall be done by said railroad company to the satisfaction
and approval of the Commissioners of the District of Co-
lumbia, who are authorized to exercise such supervision
over the same as may be necessary to secure the proper
construction and maintenance of the said work. And
all work which is without the limits of the right of way
of said railroad company shall be done by the District of
Columbia.
PROPERTY TO BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
SEC. 10. That to enable the Baltimore and Potomac
Property to be
acquired by pur-
Railroad Company to effectuate the purposes contemplated
chase or con-
and authorized by this Act, the said company be, and they
demnation.
are hereby, authorized and empowered to acquire, either
by purchase or condemnation, as hereinafter provided,
and, when SO acquired, to use the same for tracks and
other corporate purposes, and make all such improvements
thereon and thereto as may be deemed necessary, the fol-
lowing properties, to wit: All of squares four hundred and
sixty-two, four hundred and sixty-three, four hundred
and sixty-three south, and four hundred and ninety-three;
and also as much land as may be required for tracks and
other corporate purposes which lies to the south of the
present main tracks of the company between South Capi-
tol and First streets southeast and north of the northerly
line of M street: Provided, however, That if land shall be
Provisos.
Land acquired
acquired south of the present railroad yards and between
south of present
South Capitol and First streets southeast as in this section
yards, etc.
authorized the said railroad company shall when 80 required
by the Commissioners of the District of Columbia, make
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CANALS AND STEAM BAILROADS.
adequate and suitable provision for carrying such streets
as may intersect the same across the tracks which shall
be located thereon by overhead bridges in a manner satis-
Expenses, etc. factory to the said Commissioners: Provided further, That
the cost and expense of raising grades of streets and all
approaches to such bridges shall be borne and defrayed by
the District of Columbia and the United States, as herein-
before provided.
Acquiring land
In case the said Baltimore and Potomac Railroad Com-
by appraisal.
pany can not, for any reason, agree with the owner or
owners for the purchase, use, or occupation of any of the
land it is authorized to acquire by purchase or condemna-
R.S. D. C., secs. tion, then the same may be acquired by the said company
79. 648 to 663, pp. 78, in the same manner and by the same procedure as are pro-
vided by sections six hundred and forty-eight to six hundred
and sixty-three, both inclusive, of the Revised Statutes,
Provisos.
-right of entry
relating to the District of Columbia: Provided, That in
on
deposit of every case in which an assessment of the damages or an
award.
award shall have been returned by the appraisers the com-
pany, upon paying into court the amount 80 assessed or
awarded, may enter upon and take possession of the land
and property covered thereby irrespective of whether
exceptions to said assessment or award shall be filed or not,
and the subsequent proceedings shall not interfere with or
affect such possession, but shall only affect the amount of
Sidings for the compensation to be paid. And it shall be lawful for
nufactories,
etc.,
authorized. said Baltimore and Potomac Railroad Company to extend
and construct, from time to time, branch tracks or sidings
from the lines of railroad authorized by this Act into any
lot or lots adjacent to any street or avenue along which
said lines of railroad are located, upon the application of
the owner or owners of such lot or lots, to enable such
owners to use their property for the purposes of coal,
wood, or lumber yards, manufactories, warehouses, and
-no
grade
cross- other business enterprises: Provided, however, That no
ing to be created,
etc.
grade crossing of any street or avenue within the city of
Washington shall be thereby created, but such connecting
tracks shall be carried across such street or avenue in such
manner as not to obstruct the free use thereof, and the
plans of such connecting tracks shall in every case be first
filed with and approved by the Commissioners of the Dis-
Squares 267, trict of Columbia: Provided further, That as to square
270, etc.
southeast of square two hundred and sixty-seven and
square two hundred and seventy the Southern Railway
Company (a railroad corporation of the State of Virginia,
whose trains now move and are expected to continue to
move to and from Washington over the tracks of the said
Baltimore and Potomac Railroad Company and Washing-
ton Southern Railroad Company under agreements exist-
ing or hereafter to be made with the last-named companies
granting the necessary right therefor) and its successors
shall have the same rights of acquisition by purchase or
condemnation, to be exercised under the same conditions,
as are in this Act provided for the acquisition of additional
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CANALS AND STEAM RAILBOADS.
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land by the Baltimore and Potomac Railroad Company;
and such squares when SO acquired may be used by said
Southern Railway Company and its successors to accom-
modate the handling and delivery of local freight traffic
and for its other corporate purposes in the District of
Columbia.
LONG BRIDGE.
SEC. 11. That inasmuch as the present Long Bridge over
Long Bridge.
the Potomac River is inadequate for the accommodation
Railroad to
substitute new
of the largely increased railroad and vehicular traffic, is in
railroad bridge
for.
a measure obstructive of navigation, and needs to be recon-
structed, the Baltimore and Potomac Railroad Company is
hereby directed and required to remove the present Long
Bridge across the Potomac River, and, in accordance with
plans to be approved by the Secretary of War, to build
on practically the same line a new bridge in lieu thereof,
said new bridge to be for railroad purposes only and to be
adapted for two or more railway tracks, the Long Bridge
to be removed and the new bridge constructed within four
years from the date of the passage of this Act. The said
Baltimore and Potomac Railroad Company shall remove
the Long Bridge and shall build, maintain, and keep in
repair said new bridge at its own cost and expense,
and shall maintain an efficient draw in said new bridge,
operating the same 80 as not to unnecessarily impede the
free navigation of the Potomac River at any hour of the
day or night, and shall give other railroad companies the
right to pass over said bridge upon such reasonable terms
as may be agreed upon between the companies or pre-
scribed by Congress.
PASSENGER BRIDGE.
SEC. 12. That the Secretary of War be, and he is hereby,
New passenger
authorized to enter into a contract with the Baltimore and ized.
bridge author-
Potomac Railroad Company or any other party to construct
within two years after the passage of this Act, at a point
not less than five hundred feet above the site of the pres-
ent Long Bridge, a new and substantial bridge for high-
way travel, of iron or steel, resting upon masonry piers
and provided with suitable approaches, and with a suffi-
cientdraw, all in accordance with plans and specifications to
be approved by the Secretary of War; and there is hereby
appropriated (one-half out of the revenues of the District
of Columbia and one-half out of any money in the Treasury
not otherwise appropriated) the sum of five hundred and
sixty-eight thousand dollars, or so much thereof as may be
necessary, to be paid from time to time, as the construction
of the said bridge progresses, by the Secretary of War,
under such regulations as he shall prescribe.
The said bridge shall be for highway traffic, and all street
Street railroads
railroads chartered or that may hereafter be chartered by etc.
may cross bridge,
Congress shall have the right to cross said bridge on such
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CANALS AND STEAM RAILROADS.
Provisos.
Mount Vernon
terms as may be prescribed by Congress: Provided, That
railway may re-
the Washington, Alexandria and Mount Vernon Railway
locate, etc.
Company now using the Long Bridge shall be permitted,
with the approval of the Commissioners of the District of
Columbia, to change its location so as to cross the highway
bridge herein provided for; all plans for such change to
be approved by the Commissioners of the District of Co-
lumbia and the Chief of Engineers of the United States
-motive power,
etc.
Army: And provided further, That a standard under-
ground electric system of street car propulsion shall be
installed by said company on the park highway leading to
said bridge, and no dynamo furnishing power to this por-
tion of the road shall be in any manner connected with the
ground, and that the cost of asphalt paving between the
tracks and two feet outside thereof shall be paid by said
company. Each street railway company using said bridge
shall pay in addition to other taxes as by its charter pro-
Passenger tax. vided, one-half of one cent for each and every passenger
carried across said bridge.
PLANS TO BE SUBMITTED TO DISTRICT COMMISSIONERS.
Commissioners
to approveplans.
SEC. 13. That before any portion of the work herein de-
scribed shall be authorized plans and profiles of the entire
work, except such as relate to the new bridges authorized
by sections eleven and twelve, in accordance with the pro-
visions herein contained, shall be prepared by the said
Baltimore and Potomac Railroad Company and shall be
submitted for approval to the Commissioners of the Dis-
trict of Columbia. Duly authenticated copies of said plans
and profiles shall, after approval, be filed with the Com-
work. Completion of missioners aforesaid, and all work shall be done in accord-
ance with them and shall be completed within five years
from the date of the passage of this Act. The company
Deposit for
of inspection.
cost shall also deposit with the collector of taxes of the District
of Columbia such sums of money as the Commissioners of
said District may reasonably require to cover the cost of
District inspection.
TAXATION.
Company's
property taxa-
SEC. 14. That the property occupied by the Baltimore
ble.
and Potomac Railroad Company under authority of this
Act, together with the improvements which may be put
thereon, shall be subject to tax by the District of Colum-
bia the same as other property in the District of Columbia:
Proviso.
Provided, That no assessment, valuation, or tax shall be
-qualification.
made, laid, or levied on the Baltimore and Potomac Rail-
road Company on account of any bridges, tunnels, elevated
tracks, or subway which shall be located, constructed, or
maintained under the authority of this Act, and forming
part of said railroad, in excess of that which would or
could be lawfully made, laid, or levied if said railroad was
wholly located and constructed on the surface of the ground;
it being the true intent and meaning hereof that any such
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bridges, tunnels, elevated tracks, or subway forming a
part of said railroad shall be assessed and valued for pur-
poses of taxation and taxed on the same basis as any other
equal portion of railroad situated within the said District
of Columbia not constructed on, in, through, or upon any
such bridges, tunnels, elevated tracks, or subway.
RIGHTS OF SUCCESSION.
SEC. 15. That all the provisions of this Act, including
Rights of suc-
all rights, powers, and privileges granted to, or duties cession.
imposed upon, said Baltimore and Potomac Railroad Com-
pany, shall accrue to and devolve upon its successors and
assigns; and in case the said Baltimore and Potomac Rail-
road Company, its capital stock, properties, corporate
rights, powers, privileges, immunities, and franchises,
shall be merged into or consolidated with the Philadelphia,
Wilmington and Baltimore Railroad Company, or any
other railroad corporation, to which the assent of Congress
is hereby given, then and in that event the company which
shall, by such merger or consolidation, so acquire the same
shall be invested with and possessed of all the rights, pow-
ers, property, and privileges of said Baltimore and Poto-
mac Railroad Company within the District of Columbia,
as well as those granted by this Act as those heretofore
existing, and shall have and exercise all the necessary
rights, powers, and franchises respecting the same as fully
as they would have been possessed and exercisable by said
Baltimore and Potomac Railroad Company.
REPEAL OF CONFLICTING ACTS.
SEC. 16. That all laws or parts of laws inconsistent Repeal.
herewith be, and they are hereby, repealed.
RESERVED RIGHTS OF CONGRESS.
SEC. 17. That Congress reserves the right to alter, Amendment.
amend, or repeal this Act.
Approved, February 12, 1901.
SALE OF UNCLAIMED FREIGHT, ETC.
Extract from code of laws for the District of Columbia.
SEC. 642. Whenever any freight, baggage, or other Unclaimed
property transported by a common carrier to, or deposited be sold for
freight, etc., may
with a common carrier at, any point in the District of charges.
Columbia, shall remain unclaimed by the owner or con-
signee, or the charges thereon shall remain unpaid, for
the space of six months after arrival at the point to which
the same shall have been directed or transported, or after
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CANALS AND STEAM RAILROADS.
deposit as aforesaid, and the owner or person to whom the
same is consigned, or by whom the same shall have been
deposited, shall, after notice of such arrival, or after notice
to take away such property so deposited, neglect or refuse
to receive the same and pay the charges thereon within such
period of six months, then it shall be lawful for such carrier
to sell such freight, baggage, or other property at public
auction, after giving three weeks' notice of the time and
place of sale, once a week for three successive weeks, in a
newspaper published in the District of Columbia.
Sales by
order SEC. 643. Upon the application of such carrier, verified
of court.
by affidavit, to the supreme court of the District of Colum-
bia holding a special term, setting forth that the place of
residence of the owner or consignee of any such freight,
baggage, or other property is unknown, or that such
freight, baggage, or other property is of such perishable
nature, or so damaged, or showing any other cause that
shall render it impracticable to give the notice or delay
the sale for the period provided in the next preceding sec-
tion, then it shall be lawful for such court to make an
order authorizing the sale of such freight, baggage, or
other property upon such terms as to notice as the nature
of the case may admit of and to such court shall seem
Proviso.
meet: Provided, That in case of perishable property the
affidavit and proceedings required and authorized by this
section may be had before a justice of the peace in cases
Sale of perish- where the value of the property involved does not exceed
able property.
three hundred dollars.
Proceeds of
SEC. 644. The residue of moneys arising from any such
sales.
sale, under either the two next preceding sections, after
deducting the amount of charges, including charges for
transportation, the cost of handling and storage, demur-
rage, and the costs and expenses of proceedings to author-
ize the sale, and of advertising and sale, shall be paid to
the owner of such freight, baggage, or other property, on
demand.
Approved, March 3, 1901.
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BALTIMORE AND OHIO, AND PHILADELPHIA,
BALTIMORE AND WASHINGTON (FORMERLY
BALTIMORE AND POTOMAC) RAILROAD COM-
PANY.
UNION RAILROAD STATION.
AN ACT to provide for a union railroad station in the District of February 28,
Columbia, and for other purposes.
1903.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the Philadelphia, Baltimore and Washington Rail-
Merger of rail-
road lines.
road Company, (a corporation duly created by consolida-
tion and merger of the Philadelphia, Wilmington and
Baltimore Railroad Company and the Baltimore and Po-
tomac Railroad Company, their respective capital stocks,
railroads, properties and franchises) or the terminal com-
pany provided for in section ten of the Act of Congress
approved February twelfth, nineteen hundred and one,
entitled "An Act to provide for eliminating certain grade
crossings of railroads in the District of Columbia, to
require and authorize the construction of new terminals
and tracks for the Baltimore and Ohio Railroad Company
in the city of Washington, and for other purposes, be,
and each of them is hereby, authorized and required to
locate, construct, maintain, and operate a double-track
railroad, commencing at a point on the railroad of said Route.
Philadelphia, Baltimore and Washington Railroad Com-
pany at or near the crossing of Second street southwest,
at the elevation of said railroad provided for in the said
Act of Congress relating to the Baltimore and Potomac
Railroad Company approved February twelfth, nineteen
hundred and one; thence curving toward the north, cross-
ing over Virginia avenue with a clearance of fifteen
feet above the present curb thereof, crossing over First
street southwest and Delaware avenue southwest, at a
point about forty feet north of the north house line of
E street, with a clearance of not less than sixteen feet;
thence curving to the northward, crossing over Canal
street and South Capitol street with a clearance of not
less than fourteen feet above the curbs thereof; thence
passing under the intersection of D street with New
Jersey avenue, C street southeast, and B street southeast
at the intersection with First street; thence continuing Tunnel.
under the west side of First street to near E street north-
east; thence curving to the eastward, crossing under the
proposed circle at Massachusetts avenue to a connection
with the tracks in the proposed terminal station to be
built on the north side of Massachusetts avenue hereinafter
provided for; thence running from the said north line of
Massachusetts avenue on the terminal station structure
hereinafter mentioned northeastwardly to Delaware ave-
nue; thence, still on said terminal structure, and on the Terminalstruc-
easternmost part of the viaduct, hereinafter mentioned, ture.
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CANALS AND STEAM RAILROADS.
to be located in Delaware avenue, to the north side of M
street northeast; thence northwardly still on Delaware
avenue, crossing Florida avenue overhead, by means of a
girder bridge, or by masonry arches, to the north side of
said avenue; thence by a line, still northwardly, curving
to the east, and crossing under New York avenue, by the
most practicable route, in a general northeasterly direction,
to a point on the north line of Montana avenue, as projected,
Magruder Sta- and shown on plan filed as required by this Act, from which
tion Branch.
terminal point the Philadelphia, Baltimore and Washing-
ton Railroad Company, its successors and assigns, shall be,
and is hereby, authorized to locate, construct, maintain,
and operate a line of railroad, of two or more tracks, by
the most practicable route, to a point of connection with
its present railroad near Magruder Station, in the State
of Maryland, and to acquire, from time to time, such
lands between Montana and Florida avenues, and east of
the present Metropolitan Branch of the Baltimore and
Ohio Railroad, as it may need for sidings, switches, yard
tracks, with suitable structures and appliances, and other
proper corporate purposes in connection therewith, and
to use the same accordingly, subject to the approval of
Right of way the Commissioners of the District of Columbia; and a right
School grounds. of way one hundred feet in width for said line of railroad
through Reform
as it shall be located through and upon lands belonging to
the Reform School of the District of Columbia is hereby
granted to and vested in said Philadelphia, Baltimore and
Washington Railroad Company, its successors and assigns,
on such terms as the Attorney-General shall prescribe:
For passenger
traffic only.
Provided, however, That the portion of said line of rail-
road lying south of Florida avenue within the limits of
the city of Washington shall be used for passenger trains
only, except in cases of temporary emergency, and then
for a period not exceeding twenty-four hours, unless with
the consent of the Commissioners of the District of Co-
lumbia.
JOINT CONSTRUCTION.
Joint construc-
tion.
It is the intention of this Act that the portion of the line
of railroad above authorized lying between the north line
of Massachusetts avenue and the north line of Florida
avenue, if constructed by said Philadelphia, Baltimore and
Washington Railroad Company, shall be constructed jointly
with the said terminal company, and, with the viaduct and
elevated terminal carrying the same above or over the
streets and avenues of the city, be continuous with the
elevated terminal and viaduct of said terminal company;
and in that case the cost of said joint works shall be borne
by said railroad company and said terminal company in
such proportions as they may agree on, or, in case of a
disagreement, as may be determined by the supreme court
of the District of Columbia in such manner as that court
shall prescribe. If, however, the Philadelphia, Baltimore
and Washington Railroad Company shall deem it expedient
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or advisable, and shall so elect, that the whole or any por-
tion of the railroad hereby authorized south of the point
hereinbefore designated, on the north line of Montana
avenue, should be constructed and owned by said terminal
company, then and thereupon the said Philadelphia, Balti-
more and Washington Railroad Company shall acquire, by
purchase, from the said Baltimore and Ohio Railroad Com-
pany one-half of the whole then issued capital stock of the
terminal company, and be entitled to subscribe for and
acquire equally with said Baltimore and Ohio Railroad
Company all thereafter issued stock of said terminal com-
pany; and, upon such election, said terminal company
shall have as full power and authority to locate, construct,
maintain, and operate said line of railroad as it is possessed
of with reference to the other works, specified in this Act,
to be constructed by it, or which it is authorized to con-
struct under the said Act relating to the Baltimore and
Ohio Railroad Company, approved February twelfth,
nineteen hundred and one.
UNION STATION.
SEC. 2. That the main passenger station and terminals
for the accommodation of the passenger traffic of both
the Baltimore and Ohio Railroad Company and the Phil-
adelphia, Baltimore and Washington Railroad Company,
and the passenger traffic of such other companies as may
be moved over the railroads of either of said two com-
panies, as provided in section eleven, shall be constructed
by said terminal company within the area described as
follows, namely:
Beginning on the north side of Massachusetts avenue Location of
at a distance of three hundred feet northwest from the tion.
passenger sta-
west side of Delaware avenue measured at right angles
thereto; thence by a line parallel with Delaware avenue
and three hundred feet therefrom northeastwardly to a
point in the south line of I street northeast; thence by a
straight line northeastwardly to a point in the intersection
of the west line of Delaware avenue with the south line of
L street northeast; thence eastwardly, along the south
line of L street northeast, to a point in the intersection
with the west line of Second street northeast; thence
south, along the west line of Second street northeast, to a
point about eighty feet north of the north line of H street
northeast; thence by a line parallel with and distant three
hundred feet measured at right angles thereto eastwardly
from the east line of Delaware avenue, southwestwardly
to a point in the north line of Massachusetts avenue;
thence by the said north line of Massachusetts avenue to
the point of beginning.
The terminal station contemplated by this Act shall cost
not less than four million dollars and shall be monumental
Cost of station.
in character, and the plans thereof shall be subject to the
approval of the Commissioners of the District of Columbia.
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CANALS AND STEAM BAILROADS.
And for the purposes of said passenger station and ter-
minal said terminal company is fully authorized and em-
powered to acquire, take, and use all the lands and property
lying within said area, or so much thereof as it may deem
New street.
necessary: Provided, That on the westerly side of said rail-
way station sufficient land for a street not less than forty
feet in width shall be dedicated to the District of Columbia
by the said railroad companies and said terminal company.
VIADUCT.
Plans of via-
SEC. 3. That the viaduct leading northwardly from the
duct.
passenger station and terminal between the south side of
L street and the north side of M street may occupy SO
much of the bed of Delaware avenue as lies west of a line
drawn parallel with the east building line of said avenue
and forty feet westwardly therefrom: Provided, however,
That said terminal station and viaduct shall be so con-
structed as to permit H, K, L, and M streets, and Florida
avenue to be passed and continued under the same through
openings or spaces of sufficient clearance to permit the use
of said streets and avenues in the form and manner and of
the dimensions shown and indicated on the plan and pro-
files agreed upon between the Baltimore and Ohio Railroad
Company, the terminal company, and the Philadelphia,
Baltimore and Washington Railroad Company and the
Commissioners of the District of Columbia, and filed in
the office of the Engineer Commissioner; and the said
terminal company shall also grade and pave the said pas-
sageways at the time of their construction to the satisfac-
tion of the Commissioners of the District of Columbia,
but thereafter the maintenance of the pavements and road-
ways shall be provided for as in the case of other public
highways in the District of Columbia.
Said viaduct shall be of sufficient width to carry, in
addition to the tracks authorized by said Act relating to
the Baltimore and Ohio Railroad Company, approved
February twelfth, nineteen hundred and one, such tracks
as may be required to accommodate the traffic of the said
Philadelphia, Baltimore and Washington Railroad Com-
pany, and one or more freight tracks for the Baltimore
and Ohio Railroad Company, to be located on the west
side thereof.
YARDS AND SWITCHES FOR TERMINAL COMPANY.
District Com-
Said terminal company is also expressly authorized and
missioners to ap-
prove plans and empowered, subject to the approval of the Commissioners
locations.
of the District of Columbia, to acquire and become pos-
sessed of such lands in the District of Columbia, outside
the city limits, as may be from time to time needed for
the purpose, and thereon to construct, maintain, own, and
operate yard tracks, switches, roundhouses, shops, and
other structures to adequately accommodate the handling,
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shifting, housing, storing, cleaning, and repairing of the
locomotives and cars of such companies as shall be entitled
to use the said passenger station and terminal; and also to
establish, maintain, and operate the necessary tracks con-
necting the same with the tracks on Delaware avenue:
Provided, That said roundhouses and shops shall be located
as designated on plans to be approved by the Commission-
ers of the District of Columbia, and filed in the office of
the Engineer Commissioner.
BALTIMORE AND OHIO FREIGHT TRAFFIC.
SEC. 4. That in order to provide terminal facilities for
Freight yards.
the freight traffic of the Baltimore and Ohio Railroad Com-
pany in lieu of those which said company is now authorized
to have within the area to be occupied by the passenger
station and terminal, described in the Act relating to it,
approved February twelfth, nineteen hundred and one, the
said Baltimore and Ohio Railroad Company be, and it is
hereby, authorized and empowered (in addition to the power
and authority conferred upon it by the provisions of said
Act relating to it, approved February twelfth, nineteen
hundred and one) to locate, construct, maintain, and operate
tracks, switches, sheds, warehouses, other structures, and
facilities necessary or proper for a freight-delivery yard
and terminal in Eckington, in, over, and upon the bed of
Quincy street and Third street between New York avenue
and R street, and in and upon the property bounded by
New York avenue, Florida avenue, Eckington place, and
R street, outside the limits of the city of Washington;
and also within the city of Washington in, over, and upon
the bed of Second street between M and N streets and in
and upon squares seven hundred and eleven, seven hundred
and twelve, and seven hundred and thirteen; and also to
extend its tracks and switches north of V street on the east
side of the main tracks of its Metropolitan Branch Railroad
to Rhode Island avenue extended; and said company is
hereby authorized to acquire, by purchase or condemnation,
as provided in this Act, the lands and property necessary
for the additional freight facilities above mentioned.
STREETS TO BE VACATED.
SEC. 5. That to accomplish the purposes of this Act the
following-named streets, in addition to the streets vacated,
abandoned, and closed by the provisions of said Act relat-
ing to the Baltimore and Ohio Railroad Company, approved
February twelfth, nineteen hundred and one, are hereby
vacated, abandoned, and closed, to wit: In Eckington, T
street shall be closed between the west line of Seventh
street and the right of way of the Metropolitan Branch of
the Baltimore and Ohio Railway Company; Thomas street
from the west line of Seventh street westward; Seaton
street from Sixth street to Seventh street; S street from
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CANALS AND STEAM RAILROADS.
Sixth street to the Brentwood road; Brentwood road from
the west side of Seventh street to the south side of S
street; Third street from the south side of R street to
Florida avenue; Quincy street shall be closed and aban-
Limitations on doned: Provided, That no streets or avenues shall be
closing streets.
closed or abandoned under the provisions of this Act or of
the Acts relating to the Baltimore and Ohio Railroad Com-
pany and the Baltimore and Potomac Railroad Company,
approved February twelfth, nineteen hundred and one, until
all of the property abutting on the streets or avenues, or
portions thereof, provided to be closed in said Acts, shall
have been acquired by said railroad company or compa-
nies or the terminal company referred to herein, either by
condemnation or purchase, as hereinafter provided. No
streets or avenues, except Ninth, Twelfth, and Fifteenth
streets and New York avenue, shall be opened across the
railroads constructed under authority of this Act between
Florida and Montana avenues; and said Ninth, Twelfth, and
Fifteenth streets, when and as opened, shall be carried
above the railroads by suitable viaduct bridges, the cost
whereof, with their approaches within the limits of the
right of way, shall be paid by the terminal company, but
shall be maintained as in the case of other public highways
in the District of Columbia: Provided, That the Baltimore
and Ohio Railroad Company shall make adequate and
Bridges,
etc. suitable provision for carrying T street over the railroad
right of way to the west line of Seventh street east in a
manner satisfactory to the Commissioners. And the ter-
minal company shall construct the necessary tunnels or
viaducts to permit New York avenue to be carried with its
full width between parking lines over their rights of way
as herein authorized; and shall fill said avenue to a like
width to the grade approved for said avenue for the pur-
poses of this Act across said right of way and westward to
Florida avenue, and shall support the sides of said avenue
with embankments or retaining walls wherever it abuts
upon property belonging to said railroad, and nothing con-
tained in the provisions heretofore made for the vacating
of Third street and Brentwood road across said avenue
shall operate to close said avenue in any way as a public
thoroughfare at its full established width: And provided
further, That the Baltimore and Ohio Railroad Company
shall dedicate to the District of Columbia the necessary
Eckington
place to be wid-
land to widen Eckington place on its east side to its full
ened.
width in accordance with the recorded plans for street
extensions, and the Philadelphia, Baltimore and Washing-
ton Railroad Company shall dedicate to the District of
Columbia the necessary land to form a western exit from
Ivy street to Canal street as shown on the plan filed by
said company as required by this Act. Also, in the city of
Washington the following-named streets are hereby vacated,
abandoned, and closed, to wit: Ivy street between South
Capitol street and a point two hundred and twenty feet
east thereof; Second street northeast, between N street
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and Delaware avenue, and, between the north side of M
street and the south side of L street, SO much of the bed
of Delaware avenue as lies west of a line drawn parallel
with the east building line of said avenue and forty feet
westerly therefrom; also all parts of streets included within
the area of the terminal herein described, except H and K
H and streets
to be kept open.
streets, it being the intention of this Act that all streets,
avenues, ways, and alleys within the area to be occupied
and used forsaid terminal and terminal tracks shall be com-
pletely vacated, abandoned, and closed, and the use thereof
and of any public reservation or street spaces of the United
States within said area be granted to the company con-
structing such terminals for the purposes of the same,
except that H and K streets shall be carried under said
terminal and terminal tracks substantially in accordance
with the plans agreed upon between the Baltimore and
Ohio Railroad Company, the terminal company, and the
Philadelphia, Baltimore and Washington Railroad Com-
pany and the Commissioners of the District of Columbia,
and filed in the office of the Engineer Commissioner.
MASSACHUSETTS AVENUE PLAZA.
The Commissioners of the District of Columbia are
New streets to
hereby authorized and directed to cause all streets, ave-
be laid out.
nues, ways, and allevs to be closed as provided in this Act,
and in accordance with the intent thereof; and also to lay
out a circle or plaza at the intersection of Massachusetts
avenue and Delaware avenue, and to lay out and open
streets leading to such circle, and to change the lines of
certain other adjacent streets and of Ivy street, as shown
on a plan filed in the office of the said Commissioner, and
also to make such changes in the lines and grades of any
existing street, avenue, or way and in the recorded plans of
street extensions as may be reasonably required, deemed
necessary, or advisable in the construction of the works
hereby authorized. And authority is hereby given said
Commissioners to acquire by purchase, or to condemn in
accordance with existing law, the land necessary to carry
out the proceedings authorized by this act, and to recon-
struct, grade, and pave, by day labor or otherwise, the
streets, avenues, and ways changed in line or grade or
newly created bereunder.
And authority is hereby given the District Commis-
Repeal
pro-
sioners to sell or equitably exchange any portion of exist-
visions.
ing public space abandoned by reason of the adjustment
of streets as an approach to the plaza or circle at Massa-
chusetts avenue: Provided, That the provisions of section
three of the Act of February twelfth, nineteen hundred
and one, in relation to new terminals for the Baltimore and
Ohio Railroad Company which vacate, abandon, and close
D and E streets between First street and North Capitol
street and Delaware avenue between C street and the
south line of Massachusetts avenue be, and the same are
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CANALS AND STEAM RAILROADS.
hereby, repealed, and said streets are restored to the same
status and ownership in all respects as they were prior
to the passage of said Act.
DAMAGES.
All damages to adjacent property owners resulting from,
incidental to, or connected with changes in the grades of
the streets or alleys authorized by this Act shall be borne,
paid for, and defrayed by the District of Columbia, and
shall be recoverable by action of law against the said Dis-
trict on the part of the owners of the property so damaged.
Fifty per centum of the amounts so recovered shall be
Limitations on
refunded to the said District by the United States: Pro-
damages.
vided, That in determining the damages as herein pro-
vided the jury shall take into consideration any benefits
that may have accrued by reason of the elimination of
grade crossings or of the location of said station in prox-
imity to the property alleged to have been damaged.
TAXATION.
SEC. 6. That the property owned or occupied by the
terminal .company, or by the Philadelphia, Baltimore and
Washington Railroad Company, or by the Baltimore and
Ohio Railroad Company under authority of this Act, or
otherwise, together with the improvements that may be
put thereon, shall be subject to taxation in the District of
Columbia in the same manner and to the same extent as
other property in the District, and all tracks and sidings
shall be taxed as real estate: Provided, That no assess-
Elevated struc-
tures not to be
ment, valuation, or tax shall be made, laid, or levied on
taxed.
the stations, terminals, and lines of railroad located, con-
structed, or maintained under the authority of this Act in
excess of that which would or could be lawfully made,
laid, or levied if said stations, terminals, and lines of rail-
road were located, constructed, and maintained without
the use of bridges, tunnels, viaducts, retaining walls, or
other structures necessary or properly employed to ele-
vate or to depress the same as required by this Act; it
being the true intent and meaning hereof that the lines of
railroad and terminals hereby authorized shall be assessed
and valued for the purpose of taxation and taxed on the
same basis as if the same were not constructed and main-
tained by means of such bridges, tunnels, viaducts, retain-
ing walls, and other structures: Provided, That such
portions of the terminal structure or viaduct as may be
constructed and used for storage or like commercial pur-
pose shall be subject to taxation in the same manner as
other property in the District of Columbia.
PLANS.
SEC. 7. That before any portion of the work of construc-
tion within the District of Columbia herein described shall
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be begun, plans thereof in accordance with the provisions
of this Act shall be prepared by the company undertaking
such work, and shall be submitted for approval to the
Commissioners of the District of Columbia; also in 80 far Approval of
as public parks and reservations may be affected, for ap- plans.
proval also of the Secretary of War; and also in so far as
underground construction is involved, for approval also of
the Superintendent of the Library of Congress. Duly
authenticated copies of said plans shall, after approval, be
filed with the Commissioners of the District of Columbia,
and all work shall be done in accordance therewith. The
company undertaking such work shall deposit with the
collector of taxes such sums of money as the Commissioners
of the District may reasonably require to cover the cost
of District inspection.
LIMIT OF TIME FOR COMPLETION.
SEC. 8. That of the works herein described, the lines of Time for com-
railroad leading northward and southward from the main
pletion.
passenger station and terminal connecting the same with
lines of the Baltimore and Ohio Railroad Company and
lines of the Philadelphia, Baltimore and Washington Rail-
road Company, respectively, shall be completed, and the
main passenger stations and terminals shall be ready for
occupancy, within five years from the date of the passage
of this Act. The construction of said passenger station
and terminal and viaduct by said terminal company, in
accordance with the provisions of this Act, shall be deemed
and taken to be a full compliance by the Baltimore and
Ohio Railroad Company with the requirements in that
regard of the said Act relating to it, approved February
twelfth, nineteen hundred and one, and the respective
periods of five and six years from the passage of said Act,
as mentioned in section eight thereof, are hereby extended
respectively for five and six years from the passage of
this Act. Except as modified by this Act, all the pro-
visions of said Act relating to the Baltimore and Ohio
Railroad Company, approved February twelfth, nineteen
hundred and one, shall be and remain in full force and
effect.
REMOVAL OF TRACKS FROM THE MALL.
The construction of the lines of railroad hereinbefore
mentioned, connecting the railroad of said Philadelphia,
Baltimore and Washington Railroad Company with said
main passenger station and terminal, whether constructed
wholly by said Philadelphia, Baltimore and Washington
Railroad Company or said terminal company, or partly by
each, shall relieve said Philadelphia, Baltimore and Wash-
ington Railroad Company of any and all duties and obliga-
tions respecting relocation of its present passenger tracks
and terminal, and location, construction, and operation of
S. Doc. 220-10
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CANALS AND STEAM RAILROADS.
new passenger station and new terminal tracks, as pre-
scribed in the Act relating to the Baltimore and Potomac
Railroad Company, approved February twelfth, nineteen
hundred and one; and upon completion either by said
Philadelphia, Baltimore and Washington Railroad Com-
pany or said terminal company, or in part by one and in
part by the other, of said connecting lines of railroad
ready for use, in connection with said main passenger sta-
Tracks to be
tion and terminal, as contemplated by this Act, and within
removed
from five years from the passage of this Act the said Philadel-
the Mall.
phia, Baltimore and Washington Railroad Company shall
be, and it is hereby, required to remove its present eastern
connection between its passenger station and its line on
Virginia avenue via Sixth street, including the tracks on
Sixth street, and its western connection via Maryland
avenue, and to convey its passenger station building to the
Payment to
United States. And in consideration thereof, and of the
railroad.
relinquishment and surrender by said Philadelphia, Balti-
more and Washington Railroad Company of its right
to occupy and use the portion of the Mall, and to
maintain thereon a new passenger station and terminals,
granted to the Baltimore and Potomac Railroad Com-
pany by the Act aforesaid in consideration of and as a
contribution toward the large expenditures to be made by
said company in the relocation and improvement of its line
of railroad and elimination of grade crossings resulting
therefrom, as required by said Act, the sum of one million
five hundred thousand dollars shall be paid to said Phila-
delphia, Baltimore and Washington Railroad Company,
its successors and assigns, out of any moneys in the Treas-
ury of the United States not otherwise appropriated, and
said sum of one million five hundred thousand dollars is
hereby expressly appropriated for this purpose, and shall
be paid upon presentation of a certificate by the Commis-
sioners of the District of Columbia that said passenger
station and terminal and connecting lines of railroad con-
templated by this Act are ready for occupancy. Except
as modified by this Act, all provisions for said Act relating
to the Baltimoreand Potomac Railroad Company, approved
February twelfth, nineteen hundred and one, and all rights,
powers, remedies, and processes thereby conferred on said
last-named company, or upon Southern Railway Company,
Laws con-
shall. remain and continue in full force, and with like
tinued in force.
effect as if herein reenacted at length; and all rights, pow-
ers, and privileges granted to, or duties imposed upon,
said Philadelphia, Baltimore and Washington Railroad
Company by this Act shall accrue to and devolve upon its
successors and assigns, as provided with respect to the
Baltimore and Potomac Railroad Company by section
fifteen of said Act relating to said Baltimore and Potomac
Railroad Company, approved February twelfth, nineteen
hundred and one, 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
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CANALS AND STEAM RAILROADS.
147
duties granted to or imposed upon said company by said
last-mentioned Act.
CONDEMNATIONS.
SEC. 9. That in the execution of the powers conferred
by this Act, or by either of said before-mentioned Acts,
approved February twelfth, nineteen hundred and one, by
the terminal company, the Philadelphia, Baltimore and
Washington Railroad Company, or the Baltimore and Ohio
Railroad Company, each of said companies may acquire,
Method of con-
by purchase or condemnat on, the lands and property
demnation.
necessary for all and every the purposes contemplated by
each of said last-mentioned Acts and this Act respectively;
and such condemnation shall be effected in the manner and
by the methods and processes provided by sections six
hundred and forty-eight to six hundred and sixty-three,
both inclusive, of the Revised Statutes relating to the Dis-
trict of Columbia, which said sections, despite any repeal
thereof, are hereby continued in full force and effect, and,
for the purposes contemplated by this section, are hereby
specially enacted, with like effect as if the same were incor-
porated herein at length: Provided, That in every case
wherein an assessment of damages or an award shall have
been returned by the appraisers the company, upon pay-
ing into court the amount so assessed or awarded, may
enter upon and take possession of the land and property
covered thereby, irrespective of whether exceptions to said
assessment or award shall be filed or not, and the subse-
quent proceeding shall not interfere with or affect such
possession, but shall only affect the amount of compensation
to be paid: And provided further, That any property Property own-
owner whose land is included within such location shall suit. ers may
bring
have the right, within two years, to begin proceedings to
compel the appropriation of said land by said company and
the payment of damages in the same manner as if the pro-
ceedings had been instituted by the company under the
provisions of this Act.
The said terminal company, in respect of the additional
works hereby authorized to be undertaken by it, shall be
vested with and may exercise all the powers, authorities,
rights, and privileges granted by the provisions of sec-
tions six hundred and eighteen to six hundred and seventy-
six, both inclusive, of the Revised Statutes relating to the
District of Columbia, to the same extent as if said pro-
visions were fully set forth and enacted herein, and shall
also be vested with and enjoy all the powers, authorities,
rights, and franchises conferred or granted by said Act
relating to the Baltimore and Ohio Railroad Company,
approved February twelfth, nineteen hundred and one,
except the power to sell all its railroad and works and
property to the Baltimore and Ohio Railroad Company,
as provided in said last-mentioned Act: Provided, however,
That the Philadelphia, Baltimore and Washington Rail-
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CANALS AND STEAM RAILROADS.
road Company shall have the right to acquire, own, and
hold one-half of the capital stock of said terminal com-
pany, whether now or hereafter issued, and said Balti-
more and Ohio Railroad Company shall make necessary
transfers thereof accordingly.
POWER TO CONTRACT.
Control of ter-
minals.
The Baltimore and Ohio Railroad Company, the Phila-
delphia, Baltimore and Washington Railroad Company,
and the said terminal company shall have power to con-
tract each with the other, or with both the others, or with
any other railroad company or companies whose passenger
traffic may be moved over the railroads of either of said
two railroad companies as provided in section eleven, in
regard to the construction, maintenance, use, or operation
of any line or lines of railroad, terminals, terminal tracks,
stations, or other works or properties, held, owned, or
possessed by any of said companies within the District of
Columbia, or authorized so to be, or for the lease of the
same upon such terms as may be agreed upon between
the parties to any such contract. Said terminal company
shall also have the right and power, exercisable at any
time, to sell and convey, either to the Baltimore and Ohio
Railroad Company or to the Philadelphia, Baltimore and
Washington Railroad Company, so much of the line of
railroad constructed by the said terminal company under
the authority of this Act, north of the north line of Florida
avenue, as may be set apart for the exclusive use of the
traffic of either of said railroad companies by their mutual
consent.
MAGRUDER STATION LINE.
duties. Rights and SEC. 10. That in the location, construction, and main-
tenance of the connecting line of railroad which the Phil-
adelphia, Baltimore and Washington Railroad Company
is by this Act authorized and empowered to locate, con-
struct, maintain, and operate, from the point hereinbefore
mentioned on the north line of Montana avenue to a point
of connection with its railroad near Magruder Station, in
the State of Maryland, said Philadelphia, Baltimore and
Washington Railroad Company shall have, be possessed
of, and exercise the powers and processes of condemna-
tion as prescribed by section nine of this Act, and also all
authorities, rights, powers, privileges, and franchises con-
ferred upon or vested in the Baltimore and Ohio Railroad
Company by the twelfth section of said Act relating to it,
approved February twelfth, nineteen hundred and one, in
respect to the line of railroad therein authorized, and
shall be subject to the same limitations and restrictions as
in said twelfth section set forth.
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INTERSECTING HIGHWAYS.
Any and all streets or highways within the District of
Grade cross-
ings prohibited.
Columbia now or hereafter planned or projected to cross
any line of steam railroad in the District of Columbia,
which may be hereafter opened to public use, shall be
located, constructed, and maintained either beneath such
railroad by a suitable subway, or above the same by a
suitable viaduct bridge at such altitude as will not inter-
fere with the free and safe operation thereof. The cost
and expense of opening said streets or highways within
the limits of such railroad company's right of way, in-
cluding the cost of constructing the portion of any viaduct
bridge, within said limits, shall be borne and paid half by
such railroad company, its successors and assigns, and
half by the District of Columbia and the United States,
but after construction the cost of maintenance shall be
wholly borne and paid as in the case of other public high-
ways. in the District of Columbia; and the portions of
such streets now or bereafter planned or projected as
above which lie within a right of way belonging to such
railroad company shall be dedicated by such company as
a public thoroughfare when the portions of such street
adjoining such right of way have been similarly dedicated
or otherwise acquired.
SEC. 11. That any railroad company now or hereafter
Joint
use
of
lawfully existing and authorized to extend a line of rail- roads.
terminals by new
road into the District of Columbia, or having secured the
right to operate over the lines of any other then existing
railroad, to a point of connection with the tracks of said
terminal company, shall have the right to the joint use of
said station and terminals upon the payment of a reason-
able compensation for the use of the same; and if the
parties be unable to agree upon such terms, then the same
shall be prescribed by the supreme court of the District
of Columbia, upon petition of either party in interest,
under such rules of procedure as the said court shall pre-
scribe.
SEC. 12. That the Philadelphia, Baltimore and Wash-
Station
near
Long Bridge.
ington Railroad Company shall establish and maintain a
substation with suitable accommodation for passenger
travel at a convenient location north of the Long Bridge
and at a point to be approved by the Commissioners of
the District of Columbia.
AMENDMENT AND REPEAL.
SEC. 13. That Congress reserves the right to alter,
amend, or repeal this Act.
Approved, February 28, 1903.
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REPORTS AND DOCUMENTS RELATIVE TO EXISTING
LAWS PROVIDING FOR THE ELIMINATION OF GRADE
CROSSINGS AND THE CONSTRUCTION OF A UNION
RAILROAD STATION IN THE DISTRICT OF COLUMBIA.
151
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Senate Report No. 1303, Fifty-sixth Congress, first session.
NEW TERMINALS AND TRACKS FOR THE BALTIMORE
AND OHIO RAILROAD COMPANY.
May 14, 1900.-Ordered to be printed.
Mr. McMiLLAN, from the Committee on the District of Columbia,
submitted the following
REPORT.
[To accompany S. 2329.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 2329) to provide for eliminating certain grade crossings of
railroads in the District of Columbia, to require and authorize the
construction of new terminals and tracks for the Baltimore and Ohio
Railroad Company in the city of Washington, and for other purposes,
report the bill to the Senate with certain amendments and recommend
its passage as amended.
The favorable report upon the bill to abolish grade crossings on the
lines of the Baltimore and Ohio Railroad is the result of work that has
been going on for a number of years. Many projects for these
changes have been put forward, only to meet serious obstacles of one
kind or another. First the railroad engineers were unable to sanction
any plan that involved the separation of the two branches of the road
at a point bevond Florida avenue; again, the use of the present station
grounds as the site of the proposed new depot involved the closing of
streets that should be kept open; still again the financial condition of
the road, combined with the general depression in business, made it
impossible for the company to accede to as complete a plan of recon-
struction as the situation demanded.
DELAYS IN CARRYING OUT THE PROJECT.
While one thing after another tended to delay the completion of the
plan the committee has never for a single session lost sight of the great
object to be attained, but constantly has pressed upon both the Dis-
153
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CANALS AND STEAM RAILROADS.
trict Commissioners and the officials of the road the desirability, and
indeed the necessity, of a thorough and complete rearrangement of
the Baltimore and Ohio terminals in the District of Columbia. Thanks
to the more careful study of the situation on the part of the engineers,
to the masterly reorganization of the railroad company, and to the
revival of business, the committee is able at this time to present a plan
for eliminating grade crossings along the line of the Baltimore and
Ohio road, not only within the city of Washington, but also for a con-
siderable distance within the county. Also a provision has been made
in the street-extension plans for such a treatment of streets and avenues
as shall insure the systematic elimination of grade crossings along this
line throughout the District of Columbia. Moreover, it is provided
that the lines shall diverge at a point north of Florida avenue, and
thus many streets that are now seriously encumbered by railway tracks
will be entirely freed from the burden. As a result, a great and pop-
ulous section of the city will be vastly improved. When to the mate-
rial advantage thus gained is added the very considerable saving of
life that will come from the elevation of these tracks, the committee
feel justified in congratulating the people of the District on prospective
changes that will place Washington on a par with the other great cities
in the country in the matter of its railway terminals.
PUBLIC APPROVAL OF PROPOSED PLANS.
The engineering features of the plan now presented have the
approval of the representative bodies of the citizens of the District.
The committee acknowledges with pleasure the strong and earnest
support given to the plan by the Northeast Washington Citizens
Association. Although the individual interests of some of the mem-
bers of this association will be hurt, at least temporarily by the
changes contemplated, there is a unanimous desire that the scheme
shall be carried out for the benefit of the whole section. So, too, the
Eckington Citizens Association, while advocating a change in certain
particulars, assured the committee that their objections would not be
allowed to stand in the way of carrying out the plan as agreed upon,
in case the engineering objections to their proposals seemed valid;
and it is only after a careful reconsideration of the whole matter that
the original proposition is recommended.
CHARACTER OF THE CHANGES.
In brief, the proposed changes are as follows: The Baltimore and
Ohio Railroad Company is to remove its present station and build a
commodious depot across Delaware avenue, 200 feet north of C street
north. This will open North Capitol street to travel, and thus put
into complete use one of the great thoroughfares of the city. For its
station and grounds the company will occupy the squares east and west
of Delaware avenue and north of C street, thus obtaining sufficient
space for the transaction of its business with the public. Architec-
turally, the station building is to be a structure fit to occupy a promi-
nent position within plain sight of the Capitol.
From the station the road will run northeasterly on Delaware ave-
nue to Florida avenue, the tracks being carried on an elevated masonry
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structure underneath which the main thoroughfares are to be carried.
From a point north of Florida avenue the road will be carried on an
embankment. The line of road that now diverges at G street will be
abandoned, thus doing away with eleven grade crossings and leaving
those streets entirely free from railroad tracks. The great property
of the United States now occupied by the Columbia Institution for the
Deaf and Dumb, instead of being hemmed in between two lines of
railroads crossing streets at grade, will be relieved altogether of one
set of tracks, and from the west the approach will be underneath a
sightly structure. Moreover, the occupation of Delaware avenue will
be only to such an extent as will leave an ample driveway on each side
of the elevated tracks.
THE QUESTION OF DAMAGES.
So systematically has the plan been worked out that no land dam-
ages are anticipated. There are, however, certain expenses that must
be shared between the District and the railroad if these desirable
changes are to be brought about. In making these adjustments the
District Commissioners have followed what is now the well-settled
policy in such cases-a division of those expenses directly consequent
on abolishing grade crossings.
DIVISION OF COSTS.
The Baltimore and Ohio Railroad Company, under an existing agree-
ment between said company and the municipal authorities authorized
by Congress, has the right to maintain its present tracks within the
District of Columbia until 1910, subject, of course, to the Govern-
ment's right to exercise the power of eminent domain with regard
thereto.
To elevate these tracks within the city and to confine the same to
one line instead of two lines now existing, it is necessary to change
both of the existing lines materially in a part of the District lying out-
side of the city limits, and to unite them beyond the boundary of the
city to bring them down Delaware avenue, as proposed. This neces-
sitates the abandonment for more than a mile and a half of the right of
way on the Washington branch and of some right of way on the Met-
ropolitan branch, and the purchase of a new right of way from Mon-
tello to Eckington, the abandonment of roundhouse, turntable, water
tank, shops, buildings, and trestles at Trinidad on the Washington
branch, and the construction of the same at or near Eckington, as pro-
posed; it requires the construction of a' new Y" or device for the
joining of two lines outside of the District. These costs are a part of
the costs made necessary by the elevation, and their estimated sum
was placed, for the purpose of agreement between the company and
the District Commissioners, at a low figure. Under the general rule
established in other localities, and recognized by this committee, one-
half of these costs should be borne by the public benefited.
Moreover, it must be borne in mind that the company voluntarily
relinquishes its right under the contract referred to, which would give
it ten years more of existence under present conditions, and that it
transfers to the public, without costs, the right of way abandoned on
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CANALS AND STEAM RAILROADS.
the Washington branch. Also, the company, in bringing its line from
Montello to Eckington, adopted the line suggested by the Commis-
sioners (even though a less expensive one might have been adopted),
in order to enable the future streets of Washington, when extended
into the part of the District traversed by the proposed line, to be
extended without crossings at grade. The land purchased for the uses
of the yards, roundhouses, etc., at Eckington, or purchased for the
location of terminals in the city, are not included in the costs.
Appended may be found the report of the Commissioners of the
District of Columbia, which presents in detail the features of the
proposed plans, and a report made to the East Washington Citizens
Association, showing the law and custom in regard to the division of
cost of grade crossings.
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APPENDIX I.-ELIMINATING BALTIMORE AND OHIO
RAILROAD GRADE CROSSINGS.
OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, February 27, 1900.
Hon. JAMES McMILLAN,
Chairman Committee on the District of Columbia, Senate.
SENATOR: The Commissioners have the honor to submit the following
on Senate bill No. 2329, Fifty-sixth Congress, first session, to eliminate
grade crossings on the line of the Baltimore and Ohio Railroad in the
city of Washington, and for other purposes, referred to them by your
committee for report:
PRESENT CONDITIONS.
A blue print is submitted herewith, showing the present and pro-
posed routes of the Baltimore and Ohio Railroad within the District
of Columbia. From this it may be seen that the tracks now cross
24 streets and avenues within the city limits. Along the Washington
branch within the city limits the tracks are partly at grade at certain
portions of the route, at others they are in a cut, and at others on an
embankment. On this account Third, Sixth, Eighth, Ninth, I, and K
streets NE. do not cross the road; at Florida avenue the tracks are
below grade and difficult of approach; at Fifth and Seventh streets
the tracks are on an embankment, and at Second street there is a bridge
over the tracks, the approaches to the crossings being narrow and steep
in each case, the bridge crossing being exceptionally undesirable.
Between the present passenger station and H street the crossings are
80 obstructed by tracks, and also by shifting trains from time to time,
as to be a constant source of annoyance and danger, and several of the
crossings within the limits named are now practically abandoned on
account of the difficulty attending their use.
The Metropolitan branch now comes into the city along First street
east, which is 110 feet wide. It crosses Florida avenue practically in
the line of New York avenue, making a bad curve upon both the south
and the north side of Florida avenue, the one on the north, owing to
the position of the small station at this point and the configuration of
the ground, being exceptionally dangerous.
The Washington branch enters the city near the intersection of L
street and Florida avenue northeast, between Ninth and Tenth streets,
and crosses intervening blocks diagonally to the corner of Sixth and I
streets. It then follows I street to Second, curving into Delaware
avenue at H street. This curve is particularly dangerous, owing to
the fact that H street is occupied by a street-car line and is one of the
principal lines of travel to the northeastern portion of the city. Several
bad accidents have occurred here.
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CANALS AND STEAM RAILROADS.
The freight and passenger stations of the company are inconvenient,
and insufficient to meet the present demands of traffic and commerce,
and this condition is becoming worse each year.
OBJECTS OF THE BILL.
The main objects of the bill are:
(1) To eliminate grade crossings by (a) abandoning certain portions
of the railway routes; (b) by consolidating the Metropolitan and Wash-
ington branches, bringing them into the city on a single viaduct
along the line of Delaware avenue, the viaduct being carried over
street crossing; (c) by closing certain streets.
(2) To provide a modern passenger station on the north of C street
northeast, between First and North Capitol streets, and also a station
for fast and perishable freight on the east of North Capitol street,
between D and F streets.
(3) To provide railroad yards and station for heavy freight in the
territory bounded by Florida avenue, S street, the Metropolitan branch,
and the Brentwood road.
The bill also proposes to authorize the formation of a terminal com-
pany, if desired, in carrying out the purposes of the bill. But this is
believed to be an internal feature of the project which need not be
discussed in this report.
ROUTES ABANDONED.
Under the bill the present Washington branch would be abandoned
between Winthrop Heights station and Delaware avenue. This would
abolish every grade crossing along the road within the city limits east
of Delaware avenue. The right of way between Second street east
and Winthrop Heights, thus vacated, would be deeded to the District
of Columbia, in fee simple, for highway purposes.
The right of way is 66 feet wide and 1.5 miles long. It traverses a
territory sorely in need of more direct highway connection with the
city. The right of way is already at grade, and with a comparatively
small expenditure for placing a proper roadway surface upon it, it
would furnish a very valuable and highly desirable avenue through
this section of the District.
The present Metropolitan branch would be abandoned south of the
north line of New York avenue. This would clear New York avenue
and First street east of tracks, thus abolishing all grade crossings
along the line of road in the çity limits west of Delaware avenue.
THE NEW ROUTES.
The new routes proposed by the bill are shown by red lines on the
accompanying blue print. From this it will be seen that, beginning
at the south end, the road commences in Delaware avenue, just north
of C street at the station, thence runs northerly on Delaware avenue
to Florida avenue, the Metropolitan branch continuing in a direct line
until it joins the present right of way near S street, and the Washing-
ton branch bearing off to the east, paralleling New York avenue
extended, about 200 feet to the north thereof, until it connects with
the existing main line in the vicinity of Winthrop Heights.
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The two branches will be connected by means of a Y just north of
R street, between Fifth and Seventh streets.
A glance at the map will at once manifest the magnitude of the
improvement which would be accomplished by the proposed change.
The number of street crossings on the line of the road within the city
limits would be reduced from twenty-four to nine, and these nine
would pass under the viaduct instead of crossing tracks at grade, thus
being entirely free from the danger and annoyance attaching to cross-
ings at grade. It is believed that this improvement would give a
considerable impetus to the northeastern section of the city, which has
heretofore been retarded in its growth by the fact that its communica-
tion with the center of the city and the various Government depart-
ments has been interrupted by crossing one or more railway tracks at
grade.
THE VIADUCT.
Within the city limits the tracks will be placed upon a viaduct located
in the middle of Delaware avenue. This avenue is 160 feet wide; the
viaduct will be 80 feet in width, leaving 40 feet on each side for road-
ways and sidewalks, so that the usefulness of the avenue for highway
purposes will be still preserved.
STREETS TO BE CLOSED.
The bill provides that the following-named streets shall be closed
and abandoned to the uses of the railroad:
IN THE CITY LIMITS (NORTHEAST).
Delaware avenue between F and C streets.
D street between North Capitol and First streets.
E street between North Capitol and First streets.
F street between Massachusetts avenue and First street.
Delaware avenue between Florida avenue and M street.
N street between Second and Third streets.
IN THE COUNTY (NORTHEAST).
The streets east of the Metropolitan branch, between T street,
Florida avenue, Brentwood road, and Sixth street.
Brentwood road between S street and Florida avenue.
R street between Third street and the Metropolitan branch.
Delaware avenue between F and C streets, and D and E streets
between North Capitol and First streets.-These streets are bounded
by squares owned or controlled by the company, or which the com-
pany is authorized by the bill to acquire for railroad purposes. They
are virtually closed at present by reason of existing tracks and shift-
ing trains. Practically no traffic passes over them except that con-
nected with the business of the company. It is recommended that
authority to close these streets be granted.
F street, between First street and Massachusetts avenue.-This street
is quite an important line of communication between the eastern and
western sections of the city. It is believed that the constructions of
the company could be carried over it without undue difficulty or expense.
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CANALS AND STEAM RAILROADS.
It is therefore recommended that the street be not closed, and that the
bill be amended so as to provide for carrying it through.
Delaware avenue, between Florida avenue and M street, and N street,
between Second and Third streets.-These portions of the street and
avenue are bounded by four small triangular blocks which are owned
by the company, and all four put together are but little larger than an
ordinary city block. There is a considerable rise in the ground here,
and in order to carry N street under the road, Delaware avenue, within
the limits named, would have to be first excavated and a viaduct then
constructed. Through travel would not be in the slightest degree
incommoded by the proposed closing, and as all of the abutting prop-
erty is owned by the company there appears to be no objection to
closing the streets as proposed.
The streets in Eckington east of the Metropolitan branch, between
T street and Florida avenue, and Brentwood road, between S street and
Florida avenue.-These streets are bounded by squares already owned
by the company or which they are authorized by the bill to acquire.
They are desired for use in connection with the proposed railroad yard
and freight station and will not be needed if authority is not granted
for the establishment of a yard at this locality. The question of loca-
ting the yard and freight station at this point is referred to further on
in this report.
R street, between Third street and the Metropolitan branch.-This
portion of R street is west of the Metropolitan branch. It is recom-
mended that no portions of streets in Eckington west of the Metro-
politan branch be closed.
STREETS KEPT OPEN.
The following-named streets will be entirely freed of railroad tracks
and kept open to the public: Massachusetts avenue, G, H, 1, K, L,
and M streets, Florida and New York avenues, and T street.
As before stated, it is recommended that F street be kept open also.
All of the streets kept open, with the exception of T street, pass
under the railroad viaduct. T street will be carried over the railroad
on a bridge.
THE NEW PASSENGER STATION.
The new passenger and fast freight terminal of the company will be
located in the squares between F and C, First and North Capitol
streets NE., as shown on the accompanying map. The company now
owns or controls most of the property necessary for the purpose.
The proposed site is a most admirable one. It is on a bluff just north
of C street in the line of Delaware avenue. The ground is some 20 or
30 feet higher than the land to the north, and possesses peculiar natu-
ral advantages, which make possible the unique combination of an
elevated railway with a station at grade. The station building will be
set back from C street, affording a broad plaza in front. Its main
floor will be on the grade of C street, so that passengers will not have
to climb steps or use elevators. Along the street in front run the
principal street-car lines of the District. It is bounded on the east by
a street 110 feet wide and on the west by one 130 feet in width, which
afford ample room for the traffic incident to a railway station. The
location of the station upon this site will permit also the removal of
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tracks from North Capitol street and the full restoration of this grand
avenue to the uses of the public.
THE FAST-FREIGHT STATION.
The company proposes to locate its depot for fast and perishable
freight to the east of North Capitol street, between D and F streets.
The station will be set back a good distance from the street, and an
ample yard will be provided, so arranged that no business attaching to
it will be transacted in the street, the freight yard having ample facil-
ities within its own limits. The site is a most excellent one for the
purpose, being centrally located and easy of access.
ECKINGTON YARD AND FREIGHT STATION.
The bill provides for the location of a railroad yard and freight
station on the east side of the Metropolitan branch between Florida
avenue and T street.
The Eckington Citizens' Association objects most strenuously to the
location of a yard and freight station in this territory, Their grounds
of objection are that such an establishment would affect most injuri-
ously the value of the contiguous property; that the closure of the
streets necessitated thereby would cut off all travel between their
section and the east from New York avenue to T street; that a large
number of residents in the county whose access to the city is by way
of the streets to be closed would be seriously inconvenienced.
To obviate these objections they recommend that the Metropolitan
branch leave the main stem of the road at Ninth street east instead of
at Third street east, as at present, thence run northerly, connecting
with the present Metropolitan branch in the vicinity of Indianapolis
street, Brookland. Under this plan the Y would be located about a
half mile farther out, in the vicinity of the subdivision of Fairview,
and the yard and station would be situated on a part of the old Ivy
City Race Course, about a mile farther from the center of the city
than the site proposed in the bill.
To these recommendations the company replies that to place the
yard and station so far out would make it impossible to carry on the
business of the company or to handle the freight with convenience to
itself or to the Washington public; that the land embraced within the
Y would be rendered useless by the heavy grades; that most of the
street spaces proposed to be taken have never been opened or improved,
and that all of them are bounded by property which is owned by the
company.
In* this connection the Commissioners would state that the site
proposed by the bill for the yard and freight station would close all
the streets of Eckington of east the Metropolitan branch except the
following, which would be kept open: T street; Sixth street north of
the south line of S street; S, Seaton, T, and Thomas streets east of
Sixth street.
The portions of R and S streets and Sixth street between S street and
Brentwood road proposed to be closed are improved streets, having
been paved with asphalt some years ago at private expense. The other
streets proposed to be closed are not improved. South of R street the
S. Doc. 220-11
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District. They were tentatively agreed upon by the Commissioners
only after an exhaustive consideration of the subject, viewed in all of
its aspects. And the plans were selected because, in the opinion of the
Commissioners and the engineers, they were the best for the purpose
which could be designed.
The plans were not exactly what the company wanted. The com-
pany has accepted a number of changes which were not desired by it.
However, as before stated, the plans were tentatively agreed upon by
the company and a former board of commissioners, and the company
proceeded immediately to acquire the land necessary to carry them
out, and it is believed that the company is entitled to some considera-
tion in the matter.
As to the property interests locally affected, it may be stated as a
broad proposition that no locality can be found which is entirely free
from objection. No matter what site or plan is proposed something
can and will be urged against it. The Citizens' Association opposes
the first plan because it would approach near to the homes and prop-
erty of its members, while the plan proposed by the association in
lieu thereof would be most bitterly fought, because it would enter
upon a cemetery and disturb the bodies of the dead. And the hostile
sentiment aroused in the latter case would be far more bitter and
strong than the material objections urged in the former. All things
considered, it is believed that the second proposition would meet with
a more formidable opposition than the first.
It is believed that Congress can readily decide on which side of the
controversy the public interests are greater.
TEMPORARY TRACKS.
The bill authorizes the use of temporary tracks during the con-
struction of the works authorized. This authority is very necessary,
but owing to the change of route it need be used only to a small
extent, as, with the exception of a few squares, the existing tracks
can be used until the new ones are ready for occupation, thus reducing
to a minimum the inconvenience to the public ordinarily incident to a
work of this magnitude.
AUTHORITY TO ACQUIRE LAND, ETC.
The bill proposes to authorize the company to establish such addi-
tional freight and passenger stations as it may find necessary, at such
points as may be approved by the Commisioners, and also to acquire
any desired land adjacent to the streets along which the railroad or
works of the company are situated.
It is deemed advisable to limit this authority to lands within the city
limits west of Second street east, and east of North Capitol street.
SIDINGS INTO ADJACENT PROPERTY.
The company is authorized by the bill to run sidings into property
adjacent to its line of road when desired by the owner of the same, the
work to be done in accordance with plans approved by the Commis-
sioners, and no grade crossings to be created thereby. This is believed
to be a wise provision, as it will tend to develop the adjacent land into
business property and to enhance its value.
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DIVISION OF COSTS.
The estimated cost of the works contemplated in the bill is $5,000,000.
It is proposed that the United States and the District of Columbia shall
pay in equal proportion the cost of approaches to railroad crossings,
which is estimated to be
$15,000
The United States and the District of Columbia are to pay in equal propor-
tion on account of the betterments contemplated the sum of
1,500,000
Making the total cost to the public
1,515,000
From this should be deducted the value of the abandoned right
of way of the company, outside of street limits, between Win-
throp Heights and Delaware avenue, which land is to be deeded
to the District in fee simple, being 12.1 acres, valued at $3,000
per acre
$36,300
1.6 acres, valued at $8,125 per acre
13,300
49, 300
Leaving a balance of
1,465,700
With reference to the proposition of the Government paying a
million and a half dollars toward the project in question the company
states that this amount is half the estimated cost of so much of the
plan as relates directly to the abolishing of grade crossings-that is,
the change of route and elevation of tracks-and they request the
Government to pay this proportion of the proposed work. To this
very necessary work they state that they are adding $2,000,000 more
in betterments which will all be to the benefit of the public, and from
the estimates submitted to them the Commissioners have reason to
believe that the amounts have not been overstated.
Objection has been raised by a few parties in the District to this pay-
ment on the ground that the company needs new terminal facilities,
which it must obtain for the transaction of its business. But the com-
pany states, and the Commissioners have reason to believe, that it now
owns sufficient ground to give it all the terminal facilities it would
need for fifty years to come, with tracks on grade, at an expenditure
of not more than half a million dollars, and that the four or five mil-
lions required to do the work called for by the bill is mainly for the
improvement and advantage of the District and city.
The company claims that under contracts and agreements made by
said company and the municipal authorities, authorized by acts of Con-
gress dated March 2, 1831, and March 3, 1835, under the terms of
which the depot was removed from its original site to the site now
occupied by it and its tracks were confined to that part of the city
east of New Jersey avenue and north of C street, the right to occupy
its present site and tracks was authorized and confirmed until 1910.
The contract referred to is dated June 15, 1850, and the ordinances
authorizing and confirming it are dated, respectively, May 31, 1850,
and January 17, 1867.
The Commissioners believe, after examination and consultation, that
there is merit in the claim of the company, and that should it not be
willing to abandon the present routes and elevate its road it could
not be compelled to do so even by Congress prior to 1910 without
compensation.
The company states quite frankly that, under the circumstances, they
expect assistance in carrying out so much of the plan as relates
directly to changing their routes, elevating their tracks, and removing
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them from grade for the purpose of improving the city and for the
convenience of street traffic.
Considering the advantages which will be derived by said city and
the public generally and the vastly greater expense proposed to be
incurred by the company than what could be required if it stood upon
its strictly legal rights under the terms of the contract above referred
to, and considering also that railways in other cities of the country
have been aided by the city or State, or both, in the work of abolish-
ing grade crossings, the Commissioners feel that the request of the
company is equitable and not immoderate.
The manner in which payments are to be made is considered very
reasonable. A sinking fund is to be established, and the million and
a half dollars is to be paid only upon presentation of a certificate from
the Commissioners that the work required by the bill has been satis-
factorily executed.
It is believed that the value of the benefits and improvements result-
ing from the proposed changes will exceed considerably, even at the
present time, the million and a half dollars which the Government is
required to pay, and that the ultimate benefits will be of still far
greater magnitude.
TAXATION.
It is recommended that a provision be included in the bill that the
property occupied by the company under authority conferred by the
bill, should it become a law, together with the improvements which
may be put thereon, shall be subject to taxation by the District of
Columbia the same as other property in said District.
ACQUIREMENT OF NECESSARY LAND.
In cases where the company can not agree with the owners for the
purchase of any land it is authorized to acquire, it is believed that
power should be given it, where necessary, to take immediate posses-
sion of such parcels as may be needed, upon filing with the court good
and sufficient bond to insure the payment of its value when duly deter-
mined by the proper authorities. If this is not done condemnation
proceedings may delay seriously the execution of the work and add
considerably to the time and difficulty of bringing about the desired
improvements in the railroad situation.
AMENDMENTS.
In accordance with the suggestions contained in the report, the Com-
missioners recommend that the bill be amended as follows:
Add the following at the end of line 20, page 2: "Provided, That
no portion of any street shall be closed under authority of this act
until said railroad company shall have secured control of the property
abutting upon said portion to be closed, it being the intent hereof that
no property owner shall be deprived of egress from or ingress to his
property."
Strike out all of section 3 down to the word " New," in line 5, page
5, and insert in lieu thereof the following: SEC. 3. That to accom-
plish the purposes of this act the following-named streets in the sub-
division of Eckington, east of the right of way of the Metropolitan
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Branch of the Baltimore and Ohio Railroad Company, shall be com-
pletely vacated and abandoned by the public and closed to public use,
namely: Q, R, Third, Fourth, Fifth, and Randolph streets; S and
Seaton streets west of Sixth street, and Sixth street south of S street.
The Brentwood road shall also be closed between S street and Florida
avenue."
Add at the end of line 21, page 5, the following: "Provided, That
M street may be crossed by a metal bridge instead of a masonry arch,
if desired, in order to avoid any change in the grade of said street."
Strike out of line 2, page 6, the words: "F street between First
street and Massachusetts avenue."
Page 6, line 14, after the word "avenue," insert the words: "and
F street."
Page 6, line 15, strike out the words "as shown on the said plan"
and insert in lieu thereof the words: "in accordance with plans
approved by the Commissioners of the District of Columbia."
Page 7, line 20, strike out the word "District" and insert in lieu
thereof the words: city limits west of Second street east, and east of
North Capitol street."
Page 13, line 15, after the words "SEC. 8" insert the following:
"That the property occupied by the Baltimore and Ohio Railroad
Company, or by the proposed terminal company, under authority of
this act, together with the improvements which may be put thereon,
shall be subject to tax by the District of Columbia the same as other
property in the District of Columbia: Provided."
Attention is invited to the fact that under the terms of the bill the
company would be authorized to acquire the premises in square® 683
now occupied by the Senate stables and District engine house No. 3.
The question of providing premises in lieu thereof is left to Congress.
A copy of the bill containing the amendments suggested above is
inclosed. With the amendments the Commissioners recommend that
a favorable report be made upon the bill.
Very respectfully, yours,
JOHN B. WIGHT,
JOHN W. Ross,
LANSING H. BEACH,
Commissioners of the District of Columbia.
(Amended bill, blue prints showing plans as set forth in bill, and
map showing plan recommended by Eckington Citizens' Association
inclosed.)
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APPENDIX II.-BALTIMORE AND OHIO WASHINGTON
TERMINAL IMPROVEMENTS.
ESTIMATED COST.
CUT-OFF FROM MONTELLO TO FLORIDA AVENUE.
Right of way and property:
50 acres, at $5,000, including damages
$250,000.00
44 acres, at $2,500, including damages
110,000.00
Excavation, 205,500 cubic yards, at 35 cents
71,925.00
Masonry, 17,000 cubic yards, at $9
153,000.00
Bridges
111,935.00
Arch masonry, 20,000 cubic yards, at $9
180,000.00
Iron railing, 2,000 linear feet, at $1.50
3,000.00
Track (main), 2,000 linear feet, at $1.15
23,000.00
Ballast, 11,500 cubic yards, at $1
11,500.00
*$914,360.00
METROPOLITAN BRANCH CONNECTION.
Right of way, 132,000 square feet, at 25 cents
$33,000.00
Embankment, 50,000 cubic yards, at 35 cents
17,500.00 ($10,500)
Track (main); 6,000 linear feet, at $1.15
6,900.00
Ballast, 3,500 cubic yards, at $1
3,500.00
Bridge, T street
15,000.00
75,900.00 00
ECKINGTON YARD.
Property, 500,000 square feet, at 25 cents
$125,000.00
Filling, 450,000 cubic yards, at 35 cents
157,500.00
($94,500)
Track in yard, 53,000 linear feet, at $1
53,000.00
Ballast (cinder), 35,000 cubic yards, at 35 cents
12,250.00
Frogs and switches, 80 sets, at $50
4,000.00
Slip switches, 2 sets, at $350
700.00
Roundhouse
* 100,000.00
Turntable
5,000.00
Water tank and connections
*2,500.00
Shope and buildings
* 10,000.00
Coal trestle
*15,000.00
484,950.00
FLORIDA AVENUE TO SOUTH SIDE OF G STREET.
Viaduct, 65,000 cubic yards, at $9
* $585,000.00
Filling, 60,000 cubic yards, at 35 cents
* 21,000.00
Iron railing, 6,800 linear feet, at $1.50
*10,200.00
Interlocking
20,000.00
Track, 17,000 linear feet, at $1.15
19,550.00
Ballast, 11,000 cubic yards, at $1
11,000.00
666,750.00
TERMINALS SOUTH SIDE OF G STREET TO C STREET.
Property
$1,250,000.00
Retaining wall, etc., 90,000 cubic yards, at $9
* 810,000.00
Filling, 1,500,000 cubic yards, at 35 cents
*525,000.00
Ballast (cinder), 35,000 cubic yards, at 35 cents
12,250.00
Interlocking
30,000.00
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CANALS AND STEAM RAILROADS.
Paving driveways, 30,000 cubic yards, at $2
60,000.00
Station building
250,000.00
Platforms and pavements, 14,000 cubic yards, at $2
28,000.00
4-inch granite curbing, 8,100 linear feet, at $1
*8,100.00
Iron railing, C street, 635 linear feet, at $2
*1,270.00
Iron railing, walls, 6,550 linear feet, at $1.50
*9,825.00
Iron railing, train shed, 1,576 linear feet, at $3
4,728.00
Train shed
240,000.00
Freight shed
150,000.00
Track, 54,000 linear feet, at $1.15
62,100.00
Ballast, 5,625 cubic yards, at $1
5,625.00
Frogs and switches, 50 sets, at $50
2,500.00
Slip switches, 23 sets, at $350
8,050.00
$3,457,448.00
5,599,408.00
(NorE.-Items marked * included in other estimate.)
COST ATTRIBUTABLE TO ELEVATION AND CHANGE OF LINE.
CUT-OFF FROM MONTELLO TO FLORIDA AVENUE.
Right of way and property:
50 acres, at $5,000, including damages
$250,000.00
44 acres, at $2,500, including damages
110,000.00
Excavation, 205,500 cubic yards, at 35 cents
71,925.00
Masonry, 17,000 cubic yards, at $9
153,000.00
Bridges
111,935.00
Arch masonry, 20,000 cubic yards, at $9
180,000.00
Iron railing, 2,000 linear feet, at $1.50
3,000.00
Track (main), 20,000 linear feet, at $1.15
23,000.00
Ballast, 11,500 cubic yards, at $1
11,500.00
$914,360.00
METROPOLITAN BRANCH CONNECTION.
Embankment, 30,000 cubic yards, at 35 cents
10,500.00
ECKINGTON YARD.
Filling, 270,000 cubic yards, at 35 cents
$94,500.00
Roundhouse
100,000.00
Turntable
5,000.00
Water tank and connections
2,500.00
Shops and buildings
10,000.00
Coal trestle
15,000.00
227,000.00
FLORIDA AVENUE TO SOUTH SIDE OF G STREET.
Viaduct, 65,000 cubic yards, at $9
$585,000.00
Filling, 60,000 cubic yards, at 35 cents
21,000.00
Iron railing, 6,800 linear feet, at $1.50
10,200.00
616,200.00
TERMINALS SOUTH SIDE OF G STREET TO C STREET.
Retaining walls, 90,000 cubic yards, at $9
$810,000.00
Filling, 1,500,000 cubic yards, at 35 cents
525,000.00
4-inch granite curbing, 8,100 linear feet, at $1
8,100.00
Iron railing, C street, 635 linear feet, at $2
1,270.00
Iron railing, walls, 6,550 linear feet, at $1.50
9,825.00
1,354,195.00
3,122,255.00
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APPENDIX III.-DIVISION OF COSTS OF GRADE
CROSSINGS.
FEBRUARY 12, 1900.
To the Northeast Washington Citizens' Association:
Your committee on railroads has the pleasure to report that on
January 11 last a bill providing for the abolition of grade crossings,
prepared by the Baltimore and Ohio Company, was introduced in the
United States Senate and is now before the District Commissioners
for their consideration and report.
Of course it can not be expected that a bill emanating from such a
source could be all that is generally desired; but taking into consider-
ation that railroads are a necessity in any community, and are servitors
of no mean proportions, and that the convenience of the traveling public
and our merchants and other citizens is coequal with the prosperity of
our railroads, there are some things which we must yield on the prin-
ciple of the greatest good to the greatest number. Therefore we most
respectfully submit and recommend that the bill should be amended
by requiring the railroad company to increase the width of C street
from New Jersey avenue to First street east at least 40 feet in order
to provide for the increased traffic in front of their station. We would
also emphasize the proposition that the parked spaces on the line of
Delaware avenue north of Massachusetts avenue be left undisturbed as
parks, and that the use of any part of North Capitol street or of that
part of First street east, south of F street, be expressly prohibited.
The closing of F street, as provided for in the bill, should meet with
our most uncompromising resistance.
To the other portions of the bill, SO far as they relate to the route
south of Florida avenue, we might give our passive acquiescence.
To that portion of the proposed route north of Florida avenue we
would suggest the practicability of keeping farther to the eastward and
locating the Y farther to the northward, so that the streets in Ecking-
ton may not be disturbed either by the presence of tracks, round-
houses, or repair shops. We are also of the opinion that the necessary
changes of grade and any damage accruing to private property along
the proposed route should be borne by the railroad company.
So far as we can learn the plans for the viaduct south of Florida
avenue provides for a series of arches. To our mind's eye this seems
to be a plan of architectural merit and pleasing effect, besides being
of sufficient importance to adjacent private property that such open.
ings should be kept open and unobstructed. But inasmuch as in other
cities where such structures. exist the area within the arches is some-
times used for warehouses, stables, and other purposes of the railroad
companies, we would suggest that these archways, when so used,
should pay a revenue to the District government, and that if the
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Government at any time should desire to use such archways it shall
have the right to do so free of cost.
The bill allows five years for the completion of the work, but it is
claimed by some engineers that it may be completed within three
years. For these reasons we would recommend that the period of six
years allowed for maintaining the tracks along the Deaf Mute College
grounds, and the roundhouses and the works in Trinidad, be limited
to six months from the completion and occupancy of the proposed
new tracks.
The question of the division of costs of the structural work necessary
to change from surface to elevated tracks, we think, is one that can
safely be left to the discretion of Congress and the District Commis-
sioners, because, SO far as we are able to learn, the proportions vary
in the many cities and States where such changes as are contemplated
here have been made.
W. J. FRIZZELL,
Chairman of Committee on Railroads.
MARCH 12. 1900.
To the Northeast Washington Citizens' Association:
Under date of February 12 last, your committee on railroads sub-
mitted a report recommending, among other things, that the division
of costs for the proposed work of elevating the Baltimore and Ohio
tracks and abolishing grade crossings be left to the discretion of Con-
gress and the District Commissioners: This proposition has been
acquiesced in by several of our citizens' associations directly interested,
and is opposed by only a few persons who have no community of
interest in anything pertaining to the welfare of the whole city, and
can see no farther than their own immediate neighborhoods.
Your committee has taken the trouble to inquire into the methods
followed in other cities relative to the division of costs of abolishing
grade crossings and submit a few examples, as follows:
By an ordinancę of the city of Philadelphia, Pa., approved March 5,
1892, the city appropriated $30,000 to abolish grade crossings on the
Philadelphia and Trenton Railroad at Comly, Longshore, Washington,
and Union streets.
By another ordinance, April 10, 1893, the city appropriated $30,000
to abolish grade crossings on the Philadelphia and Trenton Railroad
at Cottman street, and on the Princeton and Holmesburg Railroad at
Hagerman street.
By another ordinance, February 12, 1897, the city appropriated
$900,000 to change the grade of streets and to abolish grade crossings
from Norris street to Butler street on the line of the Philadelphia and
Trenton Railroad, and released the Pennsylvania Railroad Company,
lessee of the Philadelphia and Trenton Railroad, from any liability for
damages on account of this work.
By another ordinance, March 26, 1897, the city appropriated $25,000
to abolish grade crossings on the Philadelphia and Trenton Railroad at
Magee and Vankirk streets.
By another ordinance of the same date the city appropriated $35,000
to abolish grade crossings on the Philadelphia and Trenton and Frank-
ford and Holmesburg railroads at Rhawn street.
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In each of the above cases the mayor was authorized to enter into
bond on behalf of the city for the payment of any damage accruing to
property by reason of change of grade or otherwise.
You will see from the above that the city of Philadelphia by five
separate ordinances contributed $1,020,000 as its proportion of the cost
of abolishing grade crossings in that city on the line of one of its
smaller steam railroads.
We find that the State of Connecticut has a statute which provides
that whenever any city or town desires the elimination of grade
crossings, such city or town shall pay 25 per cent of the costs where
such crossing antedates the construction of the railroad and 50 per
cent if such crossing has been laid since the construction of the rail-
road. If a railroad desires to make any such change, it shall pay the
whole expense thereof.
By a special act of the Connecticut assembly, the changes made
necessary for eliminating grade crossings by elevating the tracks and
constructing two additional main tracks, etc., on the New York
division of the Pennsylvania Railroad, the city of Bridgeport was
required to pay such proportion of the cost as should be determined
by agreement or by order of the railroad commissioners of the State.
In the same State the city of New Haven paid one-half of the cost
of carrying the steam railroad tracks over East Chapel street.
By special act of the legislature of Massachusetts, providing for a
change of grades, etc., on the Providence division of the Pennsylvania
Railroad in the city of Boston, 55 per cent was paid by the railroad
company and 45 per cent by the Commonwealth, the city of Boston
being required to refund the State 30 per cent of the whole cost.
For similar changes in Brockton, Mass., including new stations,
yards, tracks, etc., the railroad company paid 65 per cent, the State
25 per cent, and Brockton 10 per cent.
The law of the State of Massachusetts now provides that no matter
from which side an application is made to abolish grade crossings, 65
per cent shall be paid by the railroad company, 25 per cent by the
State, and 10 per cent by the municipality.
A recent law of the State of New York divides the cost of abolish-
ing grade crossings as follows: 50 per cent by the railroad company,
25 per cent by the State, and 25 per cent by the municipality.
In a letter dated October 16, 1899, Mr. William Jackson, city
engineer of Boston, states that in a special case involving an expendi-
ture of $4,000,000 the State and the city of Boston paid 45 per cent (of
which the city assumed 13.5 per cent) and the railroad company paid
55 per cent.
In a letter dated October 17, 1899, Mr. G. S. Webster, chief engineer
of Philadelphia, states that in the construction of the Pennsylvania
avenue subway whereby 16 grade crossings were abolished, involving
an expenditure of $3,000,000, the city paid one-half and the Philadel-
phia and Reading Railway Company paid the other one-half.
The foregoing are only a few of the cases that have come to the
knowledge of your committee, and we content ourselves by reciting
them. We deem it too tedious to go into details of similar cases, such
as Rochester and other cities in New York, and Pittsburg and other
cities in Pennsylvania, and especially in the case of the Atchison,
Topeka and Santa Fe Railroad in St. Louis, Mo., where the conditions
were nearly identical with ours on the Baltimore and Ohio road.
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We may be asked, How much did the city of Baltimore, Md., con-
tribute to the Baltimore and Ohio tunnel under said city?" To the
unbiased mind but one answer is necessary, which is that no disad-
vantage was suffered nor advantage gained by Baltimore in any of the
conditions or changes, and no equitable reason existed for the city to
pay toward accomplishing a shorter route and a saving in time for the
great benefit of the railroad company.
In several other cities, under circumstance similar to those that
existed in Baltimore, railroad companies have found it advantageous
to themselves by shortening routes and saving time to do the whole
work at their own expense.
In this city the jeopardy to life and limb will be lessened, the loss
of valuable time by detentions and obstructions at crossings will be
abolished, and real property values and revenues therefrom will be
increased in some cases as much as fourfold, as we have reason to
think, within a short time; and while we do not wish to put ourselves
on record as fully indorsing the payment of $1,500,000 asked by the
Baltimore and Ohio Railroad Company, we think all fair-minded men
will agree that the equities of the case demand some consideration, and
we firmly adhere to our former recommendation that the United States
Senators and the Representatives in Congress from the cities and dis-
tricts where such work has been done, and the Commissioners of the
District of Columbia and practical railroad engineers have ample
facilities for ascertaining the proper division of costs, and we most
confidently leave it to their determination.
We are pleased to report, further, that the District Commissioners,
in their report on the bill presented to the Senate Committee on the
District of Columbia on the 27th ultimo, recommended an amendment
that F street be not closed, and adopted other of our minor sugges-
tions. As the case now stands, we are of the opinion that the Com-
missioners and this association are in perfect accord as far as the bill
relates to conditions south of Florida avenue.
W. J. FRIZZELL,
Chairman for Committee on Railroads.
At a meeting of the Northeast Washington Citizens' Association
held on March 12, 1900, the above report was unanimously adopted
and the committee on proposed legislation was directed to submit
copies of the same to Congress.
EVAN H. TUCKER, President.
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House Report No. 2036, Fifty-sixth Congress, second session.
NEW TERMINALS AND TRACKS FOR THE BALTIMORE AND
OHIO RAILROAD COMPANY.
DECEMBER 17, 1900.-Committed to the Committee of the Whole House on the state
of the Union and ordered to be printed.
Mr. PEARRE, from the Committee on the District of Columbia, sub-
mitted the following
REPORT.
[To accompany S. 2329.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 2329) to provide for eliminating certain grade crossings of
the railroads in the District of Columbia, to require and authorize the
construction of new terminals and tracks for the Baltimore and Ohio
Railroad Company in the city of Washington, and for other purposes,
report the bill back to the House and recommend that it do pass with
the following amendments:
Page 4, strike out all of section 2 and insert in lieu thereof the fol-
lowing:
That said companies be, and each of them is hereby, authorized and empowered
to locate, construct, maintain, and operate, outside of the city limits and south of T
street, yard tracks, switches, roundhouses, shops, and other structures necessary or
proper for the accommodation of locomotives and cars for the conduct of its business
or for the purposes of a freight yard, and also to locate, build, maintain, and operate,
beyond the city limits, a branch track or "Y" for the passage of trains directly to
and fro between the Metropolitan Branch and the Washington Branch without enter-
ing the city: Provided, That said roundhouses and shops shall be located within said
"Y" as far eastwardly as in the judgment of the Commissioners of the District of
Columbia it is practicable.
Page 7, insert after section 3 a new section, to be known as "section
4," as follows:
That the Baltimore and Ohio Railroad Company shall, before taking possession of
the ground now owned by the United States in square six hundred and eighty-three,
secure and convey to the United States a tract of ground containing not less than
twenty-one thousand square feet, which location shall be subject to the approval of
the Commissioners of the District of Columbia and the Sergeant-at-Arms of the United
States Senate, and locate thereon a fire-engine house at a cost of not less than twenty-
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Senate Report No. 928, Fifty-sixth Congress, first session.
GRADE CROSSINGS OF THE BALTIMORE AND POTOMAC
RAILROAD COMPANY IN THE DISTRICT OF COLUMBIA.
APRIL 10, 1900.-Ordered to be printed.
Mr. McMILLAN, from the Committee on the District of Columbia,
submitted the following
REPORT.
[To accompany S. 1929.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 1929) to provide for eliminating certain grade crossings on
the line of the Baltimore and Potomac Railroad Company, in the city
of Washington, D. C., and requiring said company to depress and
elevate its tracks, and to enable it to relocate parts of its railroad
therein, and for other purposes, report the bill back to the Senate with
certain amendments and recommend its passage.
For ten years the subject of eliminating grade crossings along the
line of the Baltimore and Potomac Railroad and providing enlarged
terminals has been agitated both in Congress and among the people of
the District. The rapid increase in the Southern business of the rail-
roads, the increasing size of the crowds of people who come to Wash-
ington on special occasions, and the natural growth of the city itself,
all have combined to make the present terminal facilities of the Balti-
more and Potomac Railroad inadequate to the point of discomfort of
passengers and undue expense on the part of shippers. The crossing
at grade of two great street railway lines and of many much-used
streets has been the source always of delay and apprehension, often of
loss of life. The press of the city, the representative bodies of citi-
zens, and the public generally have repeatedly and unanimously called
for a change in the location of the tracks of this company, and this
committee has long been working on plans to meet a situation con-
stantly growing more and more embarrassing.
There has been no reluctance on the part of the railroad company to
meet the desires of Congress and of the people of the District. On
the contrary, the highest officers of the Pennsylvania Railroad have
recognized fully the importance and desirability of placing their Wash-
ington terminals in a condition not only to meet the fast-growing busi-
ness, but also to make them worthy of the capital city of the United
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States. The one great thing that stood in the way of an adjustment
was the engineering problem. The railroad regarded as a physical
impossibility an overhead structure and the elevation of its tracks,
while the District authorities opposed sinking the tracks, or at least
were not able to work out the change in a way satisfactory to the
engineers of the railroad.
THE ENGINEERING PROBLEM.
After repeated failures to handle the engineering features of the
plans in such a way as to commend them for presentation to Congress,
Capt. William M. Black, while Engineer Commissioner of the District,
devised a plan of combining the depressed and overhead systems,
according to the topography of the region through which the lines
passed. This solution immediately commended itself to both the
people and the railroad, and there is now no difference of opinion as to
the proposed method of eliminating grade crossings along this line.
Called to the war with Spain, Captain (now Major) Black left his
plans to be completed by his successor in the Engineer Commissioner-
ship, Capt. Lansing H. Beach, on whom has devolved the arduous and
exacting duty of making those adjustments with the railroad engi-
neers by means of which the bill has been brought to a point as near
perfection as can reasonably be expected in a measure containing so
many details, and therefore such a wide range for difference of opinion
on minor points. The committee have no hesitation in saying that in
so far as the elimination of grade crossings is concerned no better plan
will ever be proposed.
There are several questions not of an engineering nature that have
demanded care and attention, and in all such matters the civilian mem-
bers of the Board of Commissioners, Hon. John B. Wight and Hon.
John W. Ross, have labored earnestly and successfully to make such
adjustments as were needed to protect the interests of the United
States and of the District. The officer in charge of public buildings
and grounds, Col. Theodore A. Bingham, and the officer in charge of
the Potomac Park improvements, Lieut. Col. Charles J. Allen, acting
under the direction of Brig. Gen. John M. Wilson (whose knowledge
of and interest in the District of Columbia have been lifelong), have
also submitted for the guidance of the committee valuable reports as
to the use and occupation of the lands committed to their charge.
While in some instances the committee has been unable to agree with
these officials, in the main their recommendations have been followed,
and in all cases their views have had careful consideration.
GARFIELD PARK.
After much discussion of the proposition to straighten the lines of
the railroad by allowing the occupation of a small portion of Garfield
Park, the committee is of the opinion that such occupation is impera-
tive in order to prevent the continued loss of life at the so-called Dead-
men's Curve, at the western end of the tunnel under K street SE.
The improvements contemplated will protect the lives of persons using
the park, while the additions to the park spaces already made and in
contemplation will allow the proposed diminution of Garfield Park to
be made without any real curtailing of the parks in a section that must
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CANALS AND STEAM RAILROADS.
of necessity be given over largely to business purposes. While such
use has met with objection from a considerable number of the people
living in proximity of that park, it has also been favored by property
owners thereabouts, and the committee is convinced that the proposed
change will greatly improve the property conditions in that neighbor-
hood. Such also is the view of the District Commissioners, who have
given the matter careful consideration.
THE MALL.
The continued and enlarged occupation of the Mall is also a subject
which has received much attention. As the District Commissioners
point out (p. 12), the location of the railroad within the Mall was
made by the board of aldermen and the common council of the city of
Washington on March 23, 1871, which location was confirmed by act
of Congress approved May 21, 1872. The city has adjusted itself to
these conditions, and to disturb them now would be not only a prac-
tical impossibility, but also would be, in the opinion of the committee,
highly undesirable. By virtue of the proposed changes this occupa-
tion will be greatly improved SO far as sightliness is concerned, and
as a result the visitor to the National Capital will not only be landed
near to the heart of the city, but also his first impressions of the city
will be of the pleasantest possible character.
It is proposed to remove the tracks of the railroad from Sixth street
and to open that thoroughfare to public travel, and, in order to accom-
modate both the road and the public, to widen B street in front of the
present station so as to make there a broad plaza. Then a new and
commodious passenger station is to be constructed in such a man-
ner as to make the building one of the architectural features of the
capital. This station building will cost the company about a million
and a half of dollars. From the station the tracks are to run on an
elevated structure in a southerly direction to join the main lines of the
company on Virginia and Maryland avenues, and provision has been
made for carrying the proposed new avenue underneath the tracks by
arches having a combined width of 200 feet, an architectural feature
that can be made to add beauty to the new thoroughfare. Indeed, so
far as sightliness is concerned the proposed changes will add greatly
to the beauty of that portion of the Mall.
If it were possible to accommodate the public without the road cross-
ing the Mall the committee would be glad to recommend such a plan.
When the Mall was laid out the only land travel was by horses, and to
accommodate this streets were opened across that park. The inven-
tion of the railroad, both steam and street, has made it quite as neces-
sary to provide for such travel, and the only thing to be demanded is
that such crossing shall be made with the least inconvenience and
unsightliness. The pending measure provides for both of these
considerations.
FISH COMMISSION BUILDING.
The proposed straightening of the lines and the removal of the tracks
from Sixth street involves the removal of the Fish Commission build-
ing, and this change the committee proposes that the railroad company
shall pay for, placing the limit at $40,000, which is believed to be a
greater sum than will be necessary.
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WATER STREET AND POTOMAC PARK.
The bill as introduced proposed tracks on Water street and the use
of a strip of land 500 feet wide across the Potomac Park, between the
Washington and Virginia channels of the Potomac. The Commision-
ers recommended that these provisions be stricken out, and in these
recommendations the committee concur.
LONG BRIDGE.
The engineer officers of the Government recommend that there shall
be but one bridge across the main, or Virginia, channel of the Poto-
mac, and the railroad people prefer two bridges. So strong is this
preference on the part of the railroad company that it is willing to
build the second, or highway, bridge for the sum that the District and
the Government would be required to pay as their proportionate sum
for a single bridge-that is to say, the railroad company would pay
the difference in the cost between one and two bridges.
This question was taken up at length by the committee. A confer-
ence was held with Mr. William H. Brown, the chief engineer of the
Pennsylvania Railroad; Lieutenant-Colonel Allen, in charge of the
Potomac Flats improvements, and Captain Beach, the Engineer Com-
missioner of the District. After a full consultation the committee
unhesitatingly report in favor of two bridges, as providing greater
safety to life and property. The obstruction to navigation caused by
two bridges is not to be considered, when it is remembered that the
number of times the draws will be operated will average less than one
a day.
The following memoranda in regard to the cost of the bridges is of
interest and value:
MARCH 27, 1900.
DEAR SIR: We send you herewith a blue print showing the cross
section of a combined bridge over the Potomac River, and also a blue
print of our plan No. 7078, showing the highway bridge built parallel
with and 260 feet above the proposed new railroad bridge across the
Potomac River.
You will notice that the cost of the causeway on the north end of
the river, across the park, will be the same for either plan, because
the present wagon road will be entirely covered up by the embank-
ment that it will be necessary for us to build to carry the railroad.
We make comparative estimates of the cost of the two plans as follows:
For parallel bridges 260 feet apart (plan No. 1).
Causeway at north end:
33,900 cubic yards embankment, at 50 cents
$16,950
11,560 square yards stone paving, at $2
23,120
100 linear feet bridge superstructure over outlet lock, at $80
8,000
River bridge:
1,750 linear feet bridge superstructure, 250-foot spans, at $110
192,500
400 linear feet bridge superstructure, 200-foot spans, at $90
36,000
250 linear feet drawbridge, at $200
50,000
Machinery for drawbridge
5,000
2,400 linear feet I-beams and buckle plates for asphalt floor at $30
72,000
8,000 square yards asphalt, at $2.50
20,000
5,670 cubic yards masonry in 9 piers, at $12
68,040
1,822 cubic yards masonry in 2 abutments, at $12
21,864
1,840 cubic yards masonry in draw pier, at $12
22,080
1,200 linear feet pile guard through draw, at $20
24,000
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CANALS AND STEAM RAILROADS.
Causeway at south end:
26,250 cubic yards embankment, at 50 cents
$13,125
3,500 square yards paving, at $2
7,000
Total
579,679
For combined railroad and wagon road bridge (plan No. 2).
Causeway at north end:
33,900 cubic yards embankment, at 50 cents
$16,950
11,560 square yards stone paving, at $2
23,120
100 linear feet bridge superstructure over outlet lock, at $80
8,000
1,750 linear feet bridge superstructure, 250-foot span, at $110
192,500
400 linear feet bridge superstructure, 200-foot span, at $90
36,000
250 linear feet drawbridge, at $200
50,000
One-half machinery for 4-track draw, at $8,000
4,000
2,400 linear feet I beams and buckle plates for asphalt floor, at $30
72,000
8,000 square yards asphalt, at $2.50
20,000
9,963 cubic yards masonry in 9 piers, at $12
$119,556
3,644 cubic yards masonry in 2 abutments, at $12
43,728
4,800 cubic yards masonry in draw pier, at $12
57,600
Total cost of combined masonry
220,884
One-half of this amount chargeable to road bridge
110,442
800 linear feet pile guard for draw, at $20
16,000
Causeway at south end:
24,000 cubic yards embankment, at 50 cents
12,000
3,500 cubic yards paving, at $2
7,000
Total
568, 012
Difference
11,667
Respectfully submitted.
WM. H. BROWN,
Chief Engineer.
Capt. LANSING S. BEACH,
Engineer Commissioner, Washington, D. C.
LOCATION OF BRIDGES.
The question as to whether there should be two bridges across the
Potomac in place of the present Long Bridge is one which should be
determined upon the basis of the relative value of the commerce pass-
ing up and down the river and that passing across it at the point in
question. The railroad desires to have wagon traffic removed from
the railroad bridge on the ground that in spite of all precautions runa-
ways and similar accidents are certain to occur due to proximity of
trains. Mr. Brown, the engineer of the road, states that at least seven
people already have been killed on the Long Bridge by such accidents.
The officer in charge of the river and harbor improvements of this
District claims that the interests of navigation would be best served by
one bridge; that one draw would form less obstruction than two, and
also that there would be less liability of an ice gorge forming with
one bridge. The only records which have been kept concerning the
number of times the draw has been swung have been kept by the
Pennsylvania Railroad Company. They report that during the calen-
dar year 1899 the draw was opened 6,290 times, the number of vessels
passing through being 13,130, of which 7,326 were steam vessels, and
5,804 vessels of other kinds.
It is believed that almost the entire amount of this commerce is due
to the handling of SCOWS carrying sand, etc. As far as can be ascer-
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tained the number of masted vessels that entered at Georgetown and
Washington above the bridge during 1899 was not over 150, SO that
if the bridge were given a greater height it would be very seldom nec-
essary to operate the draw.
The largest tug belonging to the port of Washington has the top of
its pilot house 17 feet above the water, with an ornamental eagle on
top of the pilot house 2 feet high. A number of tugs come to this
port during the season from Baltimore, and it is believed that they are
somewhat larger. High tide would diminish the clearance to some
extent, but it is believed that if the bridge were put at an elevation of
24 feet above low water the tugs which would be apt to use these
waters could go under at all ordinary stages without requiring the
draw to be opened. This would require, of course, that the smoke-
stacks be hinged-a thing which could be very easily done.
There is considerable force in the objection that two bridges would
tend to cause an ice gorge, although the ice in the upper river is badly
broken up by coming over the Little and Great Falls. Gorges have
occurred, however, owing to the movement of the tides, and the ice
between the two bridges would be less apt to move than that at
other points, and floating ice would be apt to pass underneath and
lodge, forming a gorge.
While two bridges placed SO close together that a vessel entering
the line of guide cribs or piles of one draw would enter the guide cribs
or piles of the other draw therefrom would be less obstruction to navi-
gation than if the bridges were farther apart, it is believed that if they
were as close together as this the ice would hold more strongly and
there would not be room between them to handle a tug so as to break
up the ice. If they were removed to a distance of about 1,000 feet
apart there would be room between them for a vessel to run back and
forth to break up the ice, thus checking any tendency to gorge.
Owing to the fact that all wagon travel from the south has to cross
the bridge at present provided at Roachs Run, the wagon bridge could
be placed as much as 1,000 feet upstream from the railroad bridge with-
out really increasing the distance to be traveled by teams, except those
which start between Roachs Run and the south shore of the bridge.
COSTS.
It is the general rule that where changes are made to eliminate grade
crossings one-half the expense shall be paid by the public and one-half
by the railroad. The bill under consideration proposes an expendi-
ture of not less than $6,000,000, $1,500,000 of which sum is for the
new station, and therefore would not come into the division of costs.
Some other items also belong to this category; but the cost of changes
which in other cities would be subject to division amount to not less
than $4,000,000. The rule adopted in this case is that the railroad
company shall pay all the costs of changes, both of bridges and of exca-
vations, within its right of way and that the District and the Govern-
ment shall be responsible for land damages and for building the
approaches. The District Commissioners estimate the land damages
at less than $50,000 and the cost of approaches at $200,000. The entire
money cost to the public for making these very necessary changes
will be $250,000. This is exclusive of the bridge, which should be
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CANALS AND STEAM RAILROADS.
rebuilt under any circumstances. Adding the cost of the bridge
($568,000), the entire amount of money expense will be $918,000.
In addition to this should be added $162,000 for 270,000 square feet
taken from Garfield Park, at 60 cents a foot, and $910,000 for 364,000
square feet of Mall (in addition to the portion already occupied), at
$2.50 a square foot. This would make the entire cost to the public
$1,890,000, of which, as has been stated, the money cost will be less
than $1,000,000, the payment of which sum will be extended over five
or six years.
REPORT OF THE DISTRICT COMMISSIONERS.
The details of the proposed changes have been set forth fully in the
report of the District Commissioners, printed herewith. Other reports
and documents helpful in obtaining a clear idea of the subject are
given below.
CONCLUSION.
In conclusion, the committee would state its entire confidence that
the legislation proposed in the bill as amended is as satisfactory as can
be hoped for. There has been the most complete cooperation between
the Commissioners of the District and the officials of the railroad.
The railroad company has been willing and anxious to revise and
improve its terminals and to enlarge its facilities for doing business.
It has met the Commissioners and the committee halfway in all the
negotiations, and as a result there is no opposition to the general theory
of the bill, nor are there any considerable number of persons-indeed,
the committee knows of no single individual-who would prefer to
have no change rather than to have the present measure passed. There
has been a remarkable unanimity among the people of the District in
favor of the bill, and it is safe to say that should it become a law it will
prove a satisfactory and permanent solution of the grade-crossing
problem along the lines of the Baltimore and Potomac Railroad
Company.
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REPORT OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA.
OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, February 6, 1900.
SENATOR: The Commissioners have the honor to submit the follow-
ing on S. 1929, Fifty-sixth Congress, first session, to eliminate grade
crossings on the Baltimore and Potomac Railroad in the city of Wash-
ington, and for other purposes, referred to them by your committee
for report:
PRESENT CONDITIONS.
At present the tracks of the Baltimore and Potomac Railroad enter
the city at the foot of Pennsylvania avenue SE., pass along the Ana-
costia River front to square 1067; thence through squares 1067, 1048,
and 1024 into Virginia avenue at Eleventh street; thence by tunnel
along Virginia avenue to Seventh street east; thence in the open
through K street to Canal street; along Canal street and the south side
of Garfield Park, by four tracks, crossing square E 642 to Virginia
avenue just east of Delaware avenue; thence along Virginia avenue to
its intersection with Maryland avenue, and along Maryland avenue to
the river.
The passenger station is situated upon the portion of the Mall known
as Armory square and is connected with the main line by a spur, forming
a "Y." From the east the branch runs up Sixth street from Virginia
avenue, and from the west the branch continues along from the main
line on Maryland avenue to Sixth street, thence north to the station.
The tracks and station on Armory Square occupy 129,000 square feet
of land. The occupation is authorized by act of Congress approved
May 21, 1872. The tracks on Sixth street, connecting the station with
the main line, practically close Sixth street to vehicle traffic. The
west side of Sixth street is inaccessible to vehicles.
There is a railroad yard, at grade, adjoining Garfield Park on the
southwest, into which children playing in the park might easily
wander.
With a few unimportant exceptions every street crossing along the
line of the road within the city limits is at grade, subject to the delays,
inconveniences, and dangers that notoriously attach to this class of
crossing. The exceptions referred to are the crossings from Seventh
to Eleventh streets SE., under which the road passes through a tun-
nel, and the driveway over the road just northeast of the Fish Com-
mission building, which is highly objectionable on account of its steep
approaches and narrowness.
The present Long Bridge is notoriously unsightly, inadequate, and
obstructive of the flow of the Potomac.
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CANALS AND STEAM RAILROADS.
The freight and passenger terminals of the company are very unsat-
isfactory. The facilities for handling freight are entirely insufficient,
which insufficiency has a direct and material bearing upon the price
of every commodity coming into the city by freight. The passenger
terminal is too small even for the ordinary volume of business and
IS utterly inadequate when important events attract unusual crowds to
the city. A prominent railroad president remarked to the Commis-
sioners several years ago that Washington was shunned as a conven-
tion city on account of the inability of the railroads to handle crowds
here under existing conditions. These conditions have been recog-
nized by Congress periodically, as, for instance, on inaugural occasions,
when authority has been given for the temporary construction of addi-
tional tracks.
The business of the city has outgrown the railroad facilities, and a
congested condition has resulted which is a daily cause of loss, incon-
venience, and danger, both to the railroad company and the public.
OBJECT OF THE BILL.
The bill has for its object the correction of these conditions, its prin-
cipal propositions being:
(1) To eliminate grade crossings along the line of road within the
city limits by (a) closing certain crossings; (b) by carrying certain
streets over the railroad on bridges; (c) by carrying the railroad over
certain streets on a viaduct; (d) by changing the route between Eighth
street SE. and Delaware avenue, passing underground by means of a
tunnel along the line of Virginia avenue.
(2) To enlarge the present passenger terminal of the company, occu-
pying an additional strip of the Mall 190 feet wide, on the west of its
present station, and to erect on said strip and the present site (com-
bined width 340 feet) a modern station building.
(3) To authorize the company to acquire additional property for
freight and yard purposes.
(4) To reconstruct the Long Bridge and to construct in addition
thereto a new and separate bridge for vehicles and pedestrians.
CROSSINGS TO BE CLOSED.
The bill proposes to close the following crossings to street traffic:
F street SW., at Virginia avenue; E street SW., at Virginia avenue;
D street SW., between Four-and-a-half and Sixth streets; C street
SW., between Sixth and Seventh streets.
These crossings strike the railroad diagonally at an awkward angle.
It is proposed to provide convenient crossings within a square or less
of each of the points named. An examination of the map will show
what a great length of tunnel would be necessary to carry these streets
under the railroad viaduct, owing to the angle at which they intersect.
On account of the position of adjacent streets practically no interrup-
tion of street travel will result from closing the crossings.
The bill also proposes to vacate to the uses of the railroad portions
of streets as follows:
Canal street between South Capitol street and New Jersey avenue.
This space is now completely occupied by railway tracks, as before
stated. It is bounded on the north by Garfield Park and on the south
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by squares 695, W. 695, and NW. 695. Squares 695 and W. 695 are
owned by the company, having been acquired under authority of act
of Congress approved January 19, 1891. They are, together with
square NW. 695, fully occupied by railroad yards, roundhouses, etc.
Under existing conditions the street is inaccessible to vehicles, so that
its abandonment will not result in any abridgment of street travel.
G and H streets SE. between South Capitol street and New Jersey
avenue. G street is between square NW. 695 and the main line of
the road in Canal street; H street is between squares NW. 695, W. 695,
and 695, all of which are owned and occupied as stated in the preced-
ing paragraph. These portions of G and H streets are now closed on
the east by the tracks in Canal street, SO that no through travel passes
over them, and the abutting property on each side is controlled by the
company. No abridgment of street travel would result from their
being closed.
Virginia avenue, south side, between Second street and Four-and-a-
half street SW. This portion of Virginia avenue is bounded on the
north by the main tracks of the railroad and on the south by squares
537 and square north of 583, both of which are owned by the company;
at present they are vacant, although in all probability sidings will be
eventually run in. The street space on the north side of the avenue,
within the limits named, is ample to care for all street traffic and can
be reached without inconvenience.
Virginia avenue, north side, between Four-and-a-half and Seventh
streets. This portion of the avenue is bounded on the south by the
main tracks of the company and on the north by squares 493 and south
of 463 and a small triangular reservation. The bill carries authority
to acquire these squares by purchase or condemnation. The west half
of 493 is now occupied by the company for freight purposes; the east
part of square S. 463 is occupied by the Adams Express Company;
sidings run into each of them. The street space on the south side of
the avenue within the limits named is ample to care for all street
traffic and can be reached without inconvenience. The holdings of the
company in square 493 were acquired under act of Congress approved
January 19, 1891.
Maryland avenue, south side, between Ninth and Tenth streets.
This portion of the avenue is bounded on the north by the main tracks
of the company, and on the south by square 386. This square, which
is owned by the company, is occupied as a freight station. It was
acquired under authority of act of Congress approved January 19,
1891. Sidings now cross the street and run into the square. The
street space on the north side of the avenue within the limits named is
ample to care for all traffic and can be reached without inconvenience.
Maryland avenue between Twelfth and Fourteenth streets, Thir-
teenth and Thirteen-and-a-half streets between D and Water streets
SW., and E street SW. between Twelfth and Water streets. These
spaces are bounded by squares 267, 268, 298, SE. 267, 269, 270, 299,
and 300. Squares 267, 268, and 298 are owned and occupied by the
company; squares 269 and 300 are held by the Southern Railway;
square 299 is owned partly by the Southern Railway and partly by
private parties. This section is at the north end of the Long Bridge,
where the railroad enters the city from the south. The squares and
portions of the streets named are now largely occupied by the tracks
and sidings of the associated lines. The streets are practically closed
to traffic, except such as is incident to the handling of freight.
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CANALS AND STEAM RAILROADS.
STREETS CARRIED OVER THE RAILROAD.
The following-named streets will be carried over the railroad on
bridges, the depression of track, elevation of bridge, and grade and
length of approach being given below:
Grade and length of approach.
Depres-
Eleva-
Street.
sion of
tion of
North.
South.
track.
bridge.
Per
Length.
Per
cent.
cent.
Length.
Feet.
Feet.
Feet.
Feet.
6th, SE
14.8
5.2
1.4
220
5.5
240
5th, SE
20
4th, SE
22
3d, SE
22
2d, SE
20.3
New Jersey avenue
10
10
3
200
3
410
9th, SW
2
18
7.5
175
6.4
250
10th, SW
14.2
5.8
3.4
280
2.5
300
11th, SW
20
12th, SW
20
STREETS CARRIED UNDER RAILROAD.
The following-named streets will be carried under the railroad, the
elevation of track, depression of street, and grade and length of
approach being given below:
Grade and length of approach.
Eleva-
Depres-
Street.
tion of
sion of
North.
South.
track.
street.
Per
Per
cent.
Length.
cent.
Length.
Feet.
Feet.
Feet.
Feet.
South Capitol
13.3
3.2
2.6
130
1.6
130
Delaware avenue
17.7
1st, SW
17.7
2d, SW
16.5
3rd, SW
15
1.5
1.5
80
1.5
80
41, SW
16.5
6th, SW
14
2.5
0.5
150
2.2
175
7th, SW
8.6
7.9
2.5
300
2.8
300
Maryland avenue
15.6
B, SW
16.3
West Capitol
18.4
Water
5.35
10.65
THE TUNNEL UNDER AND ALONG VIRGINIA AVENUE.
By taking the road off K and Canal streets SE., and placing it in a
tunnel along the line of Virginia avenue, it is believed that a great
improvement will be accomplished. This would not only practically
abolish grade crossings, but would remove the railroad from view in
the southeastern section of the city. The road would be invisible
between New Jersey avenue and Eleventh streets SE., K and Canal
streets would be relieved of railroad tracks east of New Jersey avenue
and entirely restored to the use of the public, an awkward elbow
would be taken out of the line and the distance would be shortened.
From an engineering standpoint the proposed route is incomparably
better than the existing one.
Serious objection has been raised to this proposition, however,
because, it has been stated, it will destroy Garfield Park. The area of
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the park is 23.98 acres; 6.20 acres would be taken by the railroad
under the provisions of the bill, leaving 17.78 acres still available for
park purposes. The park would not be destroyed by any means. By
far the better and larger portion of it would be preserved, and, owing
to the removal of the tracks from grade, it would be so protected that
children could play in it without danger. At present, as before stated,
the tracks lie along the south edge of the park and at the same grade,
constituting an exceedingly dangerous condition if children are per-
mitted to play there without supervision.
While a portion of the park would be taken, the advantages to the
public of the proposed change are SO many and great that they are
believed to far outweigh the disadvantages and sufficient to warrant
an approval of this portion of the bill.
THE PROPOSED PASSENGER STATION.
The bill proposes to grant the company a strip of the Mall 190 feet
wide in addition and to the west of its present holdings. This would
give the company a strip of the Mall 340 feet wide lying immediately
west of Sixth street and between B street south and B street north.
Sixth street would be entirely cleared of railway tracks, provided
with a modern pavement at the expense of the company, and fully
restored to the use of the public. B street between Sixth and Seventh
streets would be widened on the south to a width of 175 feet, and
Seventh street would be widened on the east to a width of 220 feet.
On the square fronting this broad plaza an imposing station would be
erected, within easy reach of the street railway lines, on which pas-
sengers may reach almost any portion of the District of Columbia for
the payment of a single fare. The tracks would enter the station
from the south on an elevated structure. This viaduct would be much
less obstructive than the surface tracks now existing, and instead of
the narrow bridge with steep approaches now crossing the tracks in
the Mall, West Capitol street (so called) would be carried under, at
grade, through a substantial arch 50 feet wide provided with paved
roadway and sidewalks.
The need of a new passenger station is so apparent that argument
on the subject is believed to be unnecessary. The main question,
therefore, is: Shall the station be enlarged at the present locality, or
shall a new one be built elsewhere?
The only reason for moving the station is the clearance of the Mall.
To clear the Mall the present station and all tracks leading to it must
be removed entirely and a new terminal established somewhere in
South Washington. The new location must be, of necessity, farther
removed from the heart of the city and situated at a place more incon-
venient of access to the street railways, where the average cab drive
would be longer and more expensive, and a longer haul necessary for
the delivery of mail, baggage, and express. Would the clearance of
the Mall compensate for these new disadvantages?
The present station was established under authority of an act
approved March 23, 1871, by the board of aldermen and common
council of the city of Washington, at a time when the people were
supposed to have a voice in the affairs of the District government.
It is therefore assumed that this location was the choice of the people
at that time. This action was confirmed by the act of Congress
approved May 21, 1872, since which time the company has been in
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quiet possession. The advisability of requiring a change of location
at this time is left to the wisdom of Congress.
ADDITIONAL PROPERTY FOR FREIGHT AND YARD PURPOSES, ETC.
In addition to the property hereinbefore referred to, the bill pro-
poses to authorize the company to acquire the following:
The east 340 feet of square 462, squares 463 and S. 463. These
squares lie between Virginia avenue, B, Sixth, and Seventh streets
SW. They are desired for the purpose of clearing Sixth street of
tracks and for securing a more direct entrance to the proposed station,
and for other railroad purposes. It is recommended that authority to
acquire them be granted. The company should be required to acquire
all of square 462, and the Commissioners so recommend.
Square 493. About half of this square is now owned and occupied
by the company. It is used as a freight station. It is recommended
that authority be granted to acquire the remainder of the square.
Squares south of the present main tracks between South Capitol,
First, and M streets, SE. These squares are in a sparsely built-up
section; the assessed value of the land ranges from 30 cents a square
foot down; the assessed value of the improvements on them all aggre-
gates less than $40,000. It is recommended that the company be
authorized to acquire them as proposed by the bill. If such authority
is granted, I street SE., between First and South Capitol streets,
should be closed. Within said limits it would be entirely surrounded
by railroad property, and no through travel passes over it on account
of its being closed by existing tracks in Canal street.
Property on Water street west of Seventh street SW., said property
to be connected with the main line by tracks in Water street. The
Commissioners are of the opinion that tracks on the north side of
Water street would not be close enough to the wharves to permit
handling goods directly between cars and vessels, and a wagon haul
from rail to water would thus be necessary. They further believe
that the establishment of surface tracks along the entire water front
is something not demanded by the city's commerce at the present time,
nor is there any prospect of their being required soon. They there-
fore recommend that this portion of the bill be stricken out.
A 500-foot strip of land on the southeasterly side of the road between
the main channel and the Washington channel of the Potomac. The
Commissioners recommend that this portion of the bill be stricken
out.
NEW BRIDGE OVER THE POTOMAC.
Sections 11 and 12 relate to the construction of new bridges in place
of the present Long Bridge. The Long Bridge is notoriously inade-
quate, and a modern bridge for railway and highway traffic is most
urgently needed. This portion of the bill, however, pertains to the
War Department and not to them, and they respectfully suggest a
reference to the Secretary of War for his views concerning the matter.
DIVISION OF COSTS.
According to the bill the cost of the work is to be divided thus:
The following is to be done at the expense of the company:
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K and Canal streets shall be cleared of railway tracks and the streets
restored to the use of the public.
All tracks are to be removed from Sixth street, a modern pavement
laid, and the street restored to the use of the public.
D street SW. is to be widened 30 feet on the south side, between
Twelfth and Fourteenth streets.
West Capitol street, so called, is to be carried under the railroad
viaduct through an arch, and a pavement and sidewalks provided
beneath said viaduct.
The cost of retaining walls, all structures in the right of way of the
company, all bridges over the railroad, and all crossings under the
railroad to be borne by the company, so far as the same are within its
right of way.
The United States and the District of Columbia are to pay, in equal
proportion, the following:
The cost of approaches where streets are carried under or over the
right of way of the company.
All damages resulting from change of grade.
The United States is to pay for removing the Fish Commission
building.
The Long Bridge project is not discussed in this report for reasons
before stated.
As the Fish Commission building is not under the supervision or
control of the Commissioners, they also deem it best not to go into the
question of the cost of its removal, but to respectfully suggest a ref-
erence of the matter to the authorities having charge of same.
The provision that all damages to property shall be paid by the Dis-
trict of Columbia and the United States is objected to by the board of
trade, who are of the opinion that they should be borne by the railroad
company. On this point the Commissioners would state that as far as
they have been able to ascertain, damages of this character have been
paid generally by the municipalities in similar cases elsewhere, and
they do not think that harsher terms should be imposed on the com-
pany here than have been imposed in other cities. As a matter of
fact, a careful consideration of the features of the plan leads to the
belief that the expense on this account will not be large, if there is any
at all. The approaches to the crossing can be so constructed, it is
believed, as not to produce any injurious effects to the adjacent prop-
erty, and it is estimated that the amount of damages will not exceed
$50,000 at the utmost.
The estimated cost of building the approaches to the company's right of
way is
$200,000
The amount of damages is estimated to be
50,000
The amount of land taken in Garfield Park is 270,000 square feet, valued
at 60 cents per square foot
162,000
The amount of land taken in the Mall in excess of that at present occu-
pied is 364,000 square feet (not including street spaces), valued at $2.50
per square foot
910,000
Making the total cost to the Government, excluding the bridge over
the Potomac and the removal of the Fish Commission building.
1,322,000
Of this sum there is paid in land
1,072,000
The actual money cost being:
Payable by the District of Columbia
$125,000
Payable by the United States
125,000
250,000
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In the above statement the portions of streets abandoned to the uses
of the railroad are not charged against the company for the reason
that public travel will not be interfered with by such closure, there
being no traffic over the portions closed except in connection with the
railroad, and, of course, ample lines of ingress and egress for this pur-
pose will be provided by the company. It would be an expense to the
public to keep them open without any corresponding advantage, and it
is believed that the company should be required to maintain and care
for them at its own expense.
ACQUIREMENT OF NECESSARY LAND.
In cases where the company can not agree with the owners for the
purchase of any land it is authorized to acquire, it is believed that
power should be given it, where necessary, to take immediate posses-
sion of such parcels as may be needed upon filing with the court good
and sufficient bond to insure the payment of its value when duly deter-
mined by the proper authorities. If this is not done, condemnation
proceedings may delay seriously the execution of the work and add
considerably to the time and difficulty of bringing about the desired
improvements in the railroad situation.
SIDINGS INTO ADJACENT PROPERTY.
It is also recommended that the company be authorized, upon the
petition of the owner or owners of any lot or lots adjacent to the line
of its railway, to run branch tracks or sidings into such lot or lots,
provided, of course, that no grade crossings are created thereby. It
is believed that this policy would tend to develop the land lying near
the railway into business property, instead of encouraging its being
held for residence purposes, thus enhancing rather than depreciating
its value.
TEMPORARY TRACKS.
Section 4 of the bill provides for the laying of temporary tracks in
Sixth street. It is believed that the section should be of wider scope,
so as to authorize the laying of temporary tracks along the route wher-
ever demanded by the work of reconstruction, and it is recommended
that the section be amended so as to give this very necessary authority,
the work being subject, of course, to the control of the Commissioners.
AMENDMENTS.
In accordance with the suggestions contained in the report, the Com-
missioners recommend that the bill be amended as follows:
Strike out section 4 and in lieu thereof substitute the following
SEC. 4. That if it should at any time be deemed necessary or advisable in the con-
struction of the works herein authorized to lay temporary tracks on any street or
avenue to accommodate the business of the Baltimore and Potomac Railroad Com-
pany pending the completion of such works, the company may lay such temporary
tracks, subject to the approval and under the direction of the Commissioners of the
District of Columbia, and shall remove the same and restore every such street or
avenue to its former condition, to the satisfaction of said Commissioners, within
sixty days after the completion of the works herein authorized.
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Insert the following after line 23 on page 6: "1 street southeast,
between First and South Capitol streets."
Strike out lines 7, 8, 9, and 10, page 12, and insert in lieu thereof
the words: "All of square four hundred and sixty-two."
Strike out the words 'railroad yards," in line 14, page 12, and
insert in lieu thereof the words main tracks of the company."
Strike out all after the word "street," in line 16, page 12, down to
the word "provided" in line 12, page 13,
Add the following to section 10 (p. 14):
And in case the company requiring such land and property wishes to take imme-
diate possession of the same it may at the time of filing a description of the rights
and interests intended to be appropriated, as provided in section six hundred and
fifty of said Revised Statutes, file also with the clerk of the supreme court of the Dis-
trict of Columbia its bond to the owner or owners of such land and property to be
appropriated, conditioned for the payment to such owner or owners of the damages
for the taking thereof when the same shall have been ascertained according to the
provisions of said sections of the Revised Statutes; and upon the filing of said bond,
and the approval of the same by a judge of said court, the right of the company to
enter upon the property to be appropriated shall be complete; and the amount of the
bond, the sufficiency of the surety or sureties thereon, and the form thereof, shall be
subject to the approval of one of the judges of the said court, and recovery may be
had thereon for the amount of damages assessed if the same be not paid or can not
be made by execution on final judgment in the condemnation proceedings. And it
shall be lawful for said Baltimore and Potomac Railroad Company to extend and
construct, from time to time, branch tracks or sidings from the lines of railroad
authorized by this Act into any lot or lots adjacent to any street or avenue along
which said lines of railroad are located, upon the application of the owner or owners
of such lot or lots, to enable such owners to use their property for the purposes of
coal, wood, or lumber yards, manufactories, warehouses, and other business enter-
prises: Provided, however, That no grade crossing of any street or avenue within the
city of Washington shall be thereby created, but such connecting tracks shall be car-
ried across such street or avenue in such manner as not to obstruct the free use
thereof; and the plans of such connecting tracks shall in every case be first filed
with and approved by the Commissioners of the District of Columbia.
Strike out section 14.
Insert the following before the word "That" in line T, page 17:
That the property occupied by the Baltimore and Potomac Railroad Company
under authority of this act, together with the improvements which may be put
thereon, shall be subject to tax by the District of Columbia the same as other prop-
erty in the District of Columbia: Provided,
Change the numbers of sections 15, 16, 17, and 18 to 14, 15, 16, and
17, respectively.
A copy of the bill containing these amendments is inclosed.
*
*
*
*
*
*
The question of abolishing grade crossings in the city of Washington
has been agitated for the past twenty years without the accomplish-
ment of material results. After a generation of waiting a measure
has been framed which, with legislative sanction, bids fair at last to
give the long-desired relief. If it does not receive such sanction,
there is a possibility of the citizens having to wait a generation more
without anything being done.
The railroad is now recognized, in a certain sense, as the lifeblood
of a community. The communication of its citizens with the outer
world and the transaction of its business depend upon it, and the
prosperity of a city is linked with it.
Washington being the national capital, the amount of passenger
traffic to and from it is greater than in other cities of several times its
population, and the people throughout the country are interested in
S. Doc. 220-13
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the railroad that gives them access to the national capital. The plans,
therefore, should be considered as national in character and treated in
a broad-minded manner from that point of view, and such plans should
be adopted as will serve the people of the nation for years to come,
and not such as will require another change soon in order to properly
accommodate travel or allow for the growth of the city.
Where interests conflict it is believed that the principle of the great-
est good to the greatest number should be followed, and that individual
preferences should not be allowed to stand in the way of securing such
results as are proposed by the measure.
The conflicting interests have, it is believed, been harmonized as far
as possible, and it is doubtful if they could be brought in as close
accord again; and while the bill as recommended is not exactly what
the Commissioners might prefer nor all that the railroad desires, it is
believed to be one which will secure the support of as large a number
of citizens as any öther measure which could be framed; and, as the
main object of avoiding grade crossings would be accomplished, the
Commissioners recommend that the bill, with the changes suggested,
be reported favorably.
Very respectfully, yours,
JOHN B. WIGHT,
JOHN W. Ross,
LANSING H. BEACH,
Commissioners of the District of Columbia.
Hon. JAMES McMiLLAN,
Chairman Committee on the District of Columbia, Senate.
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REPORT OF THE WAR DEPARTMENT ON THE BILL (S. 1929) To
PROVIDE FOR ELIMINATING CERTAIN ROAD CROSSINGS ON
THE BALTIMORE AND POTOMAC RAILROAD.
OFFICE OF THE CHIEF OF ENGINEERS,
UNITED STATES ARMY,
Washington, January 29, 1900.
SIR: I have the honor to acknowledge the reference to this office of
a letter, dated the 22d instant, from the Senate Committee on the Dis-
trict of Columbia, inclosing Senate bill No. 1929-
to provide for eliminating certain grade crossings on the line of the Baltimore and
Potomac Railroad Company in the city of Washington, District of Columbia, and
requiring said company to depress and elevate its tracks, and to enable it to relocate
parts of its railroad therein, and for other purposes-
and requesting a report on the bill, so far as it relates to bridges across
the Potomac River, and the parks under the jurisdiction of the War
Department.
The legislation proposed in the bill touches the interests committed
to the charge of the War Department in the following particulars:
1. By authorizing the appropriation by the Baltimore and Potomac
Railroad Company of certain United States reservations in the city of
Washington.
2. By authorizing a like appropriation of certain areas in Potomac
Park.
3. By authorizing the destruction of the present bridge, known as
the "Long Bridge," across the Potomac River, and the construction
of two bridges in lieu thereof.
Regarding the first proposition attention is respectfully invited to
the accompanying report, dated the 18th instant, from Col. Theo. A.
Bingham, the officer in charge of public buildings and grounds, from
which it will be seen that the area proposed to be taken by the railroad
company for its own use amounts to 341 acres near the center of the
city, and that the carrying out of the plans of the company will
seriously affect the beauty and utility of additional areas.
I concur in the opinion of Colonel Bingham that this proposition is
objectionable, and favorable action thereon is not recommended.
Regarding the second and third propositions, I beg to invite atten-
tion to the accompanying report of the 25th instant by Lieut. Col.
Charles J. Allen, Corps of Engineers, the officer in charge of the
improvement of Potomac River.
By the second proposition, contained in section 14 of the bill, the
company is granted the use and occupation of a strip of land 500 feet
in width and extending entirely across Potomac Park, an area of about
25 acres. Colonel Allen states that this area would include about 13
acres upon which the present Government contractor for dredging in
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Potomac River is to deposit dredged material, and also a portion of
land at present occupied by the Department of Agriculture for experi-
mental or test purposes. He recommends that the section containing
this provision be eliminated, in which I concur.
The third proposition is contained in sections 11 and 12 of the bill,
the former requiring the removal, by the company, of the present
"Long Bridge" and the building of a new railroad bridge in lieu
thereof, and the latter requiring the construction, by the Secretary of
War, of a new bridge for highway travel above the site of the present
Long Bridge. Concerning this, Colonel Allen says:
The existence of two bridges across the Potomac River, as contemplated, would be
objectionable from every point of view. Such an arrangement would be detrimental
to navigation. The general line of highway travel should be maintained, and that
would bring the two bridges close together. There would thus be delay and more
danger to vessels in passing the two draws. * * * Two rows of piers across the
stream, in close proximity to each other, would form a greater obstruction than would
one row. A separation of the two bridges, sufficient to meet the needs of navigation,
would require that they be distant from each other about 1,000 to 1,200 feet. That
would not only necessitate a marked deviation from the present line for vehicular
traffic, but it would also require the traversing of Potomac Park by draft wagons,
etc., along a line considerably to the westward of the present causeway, and to the
great detriment of Potomac Park.
Colonel Allen suggests that-
the case should be met by the construction of a combined railroad and highway
bridge structure across the Virginia channel, the highway crossing Potomac Park
at or about park grade, at a reasonable distance from the railroad track, and con-
necting with the spans and bridge across the Washington and Virginia channels by
suitable inclines, the lowest part of the portion of Long Bridge across Virginia
channel to afford a clear head room of at least 18 feet above mean low tide. * *
*
For the present causeway across the flats (Potomac Park) a viaduct of steel of
open work and pleasing design should be substituted, in order to afford carriage
way through it, and also a clear view through it of the park beyond the viaduct;
and no greater width of park should be occupied by the viaduct or other portions
of the bridge, or in connection therewith, than that necessary for the crossing of
the two parallel tracks at the usual distance apart, as well as for the width of the
inclines connecting the highway with the bridge, and for the usual stations for
operating the track.
I am of the opinion that the construction of two bridges as contem-
plated by the bill is objectionable, and I concur in Colonel Allen's
suggestion for the construction of a combined highway and railroad
structure.
Colonel Allen submits a proposed substitute for section 11 of the
bill, embodying his ideas as above expressed, which is commended for
the favorable consideration of the committee.
The letter from the committee, with its inclosure, is herewith
returned.
Very respectfully, your obedient servant,
JOHN M. WILSON,
Brig. Gen., Chief of Engineers, U. S. A.
Hon. ELIHU Roor,
Secretary of War.
OFFICE OF PUBLIC BUILDINGS AND GROUNDS,
Washington, January 18, 1900.
GENERAL: Replying to indorsement from the office of the Chief of
Engineers January 13, 1900, calling for report upon Senate bill 1929,
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Fifty-sixth Congress, first session, which provides for abolishing cer-
tain grade crossings on the line of the Baltimore and Potomac Rail-
road Company in the District of Columbia, I have the honor to report
as follows:
There are transmitted herewith-
1. A copy of Senate bill 1929, Fifty-sixth Congress, first session.
2. Copy of lithograph map published by this office in 1894, showing
United States reservations in the District of Columbia, upon which
has been indicated in red the route proposed to be followed by the
Baltimore and Potomac Railroad in entering the city of Washington,
as set forth in Senate bill 1929, Fifty-sixth Congress, first session.
3. Two tracings, showing on a large scale the highly improved parks
which will be ruined should the proposed bill become law.
4. Copy of report of the District Commissioners on Senate bill No.
1702, Fifty-fourth Congress, first session (without illustrations).
The United States reservations invaded by the proposed bill (S. 1929)
and the areas included are as follows:
Square feet.
No. 4. Armory Park (14 acres)
37, 830
17. Garfield Park (part) (12 acres)
630
113. (2 acres)
11,376
114
10,428
115
8,075
116
4, 625
117
16,775
118
14,414
119
405
120
4, 032
121
2,580
200
10,098
287
2, 929
288
11, 462
289
1,520
197
4, 402
198
5,029
199
4, 132
About 341 acres.
It will be observed that the area of Government property proposed
to be taken by the railroad company for its own use amounts to 341
acres in the center of the city. It is proposed to take àbout 12 acres
off the area of Garfield Park, and what is left of that park would be
practically ruined by the proximity of the railroad, because the pro-
posed tunnel ends near the eastern extremity of the park, and the entire
passage of the railroad through the park, together with the proposed
yards at this point, would make this property very undesirable for the
purpose of a pleasure ground.
It is also proposed to take over 14 acres out of the center of the
" Mall.' The Mall" is a part of that great original reservation set
aside by President Washington and the original commissioners for the
establishment of a great and superb boulevard, to extend from the
Capitol to the Washington Monument, and thence north to the Presi-
dent's house. This noble plan contemplated such a boulevard as exists
nowhere else in the world, which was intended to be flanked on the north
and south sides by public buildings, and has already been almost irrep-
arably injured by permitting the Pennsylvania Railroad to run its
tracks north on Sixth street to its present station. The admission of
the railroad to the Mall" is the main cause of the fact that the superb
possibilities of the public park in the center of the city and south of
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the Executive Mansion have never been realized. It is readily per-
ceived that the presence of locomotives and trains of cars right across
the middle of an area prevents its use for the purposes of a stately,
highly improved, fashionable, and famous boulevard.
Considering that this park was specially reserved in the formation
of the city by our immortal President Washington, it does seem
unpatriotic, and even irreverent, that Washington's ideas should not
be carried out, particularly as no local interests would be seriously
damaged by keeping this area for the park it was intended to be; and
the national interests-for this is not merely a town of local interest,
but one which is the pride of our great nation-will be very much
improved and advanced in the estimation of the entire country by
keeping this area free from commercial encroachment. Further argu-
ment on this point is deemed unnecessary, as a simple inspection of
the map carries its own argument.
Garfield Park also is one of the 17 original reservations set aside by
President Washington and the early commissioners for the orna-
mentation of the National Capital. This park has been named after a
President whose tragic death stirred the hearts of the entire world.
It is, in my humble judgment, the national interests and the inter-
ests of this city, as the capital of our great nation, and not merely the
local commercial interests, which should govern the consideration of
this entire question of railroad terminals within the District. The
question of abolishing the grade crossings of railroads in the District
of Columbia is a very serious and important one, and has been very
ably discussed and solved to the satisfaction at least of those to whom
the beauty of the national capital is the main question.
The report by the District Commissioners, made on Senate bill No.
1702, Fifty-fourth Congress, first session, under date of February 9,
1897, is, in the minds of unprejudiced readers, conclusive; the whole
subject of grade crossings in the District is elaborately discussed, and
the conclusions therein reached are those which will meet the approval
of the entire country. The report of the Commissioners above men-
tioned not only elaborates the points which have been made above,
but discusses a number of other vital points at stake in the settlement
of this question. The plan therein proposed and called plan No. 5
is, in my humble judgment, the one which should be adopted.
I am not aware of the facilities needed by a railroad for terminals,
but Washington will always be a residence city, and never a commer-
cial metropolis; and the location for the Pennsylvania Railroad station
suggested in plan No. 5 of the District Commissioners (above referred
to) is the logical location, would preserve the historical "Mall," per-
mit of the development and completion of Washington's original plan,
and, so far as convenience of traffic is concerned, would merely require
the laying of a few rails by the street railways.
It is earnestly hoped that those who have the decision as to this mat-
ter will take a broad view of the case, and not permit the beauty of
our famous city to be irreparably injured.
Very respectfully, your obedient servant,
THEO. A. BINGHAM,
Colonel, U. S. A., Major, Corps of Engineers.
Brig. Gen. JOHN M. WILSON,
Chief of Engineers, U. S. A., Washington, D. C.
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UNITED STATES ENGINEER OFFICE,
Washington, D. C., January 25, 1900.
GENERAL: I have the honor to submit the following upon sections 11
and 12 of Senate bill No. 1929, Fifty-sixth Congress, first session, and
which were referred to me, by indorsement of the Chief of Engineers
of the 19th instant, for early expression of my views and recommenda-
tions regarding the legislation proposed in those sections.
Section 11 requires the removal by the Baltimore and Potomac Rail-
road Company of the present Long Bridge across the Potomac River,
and, in accordance with plans to be approved by the Secretary of War,
the building by the same company of a new bridge in lieu of and on
practically the saine lines as the present bridge, said new bridge to be
for railroad purposes only and to be adapted for two or more railway
tracks, the Long Bridge to be removed and the new bridge to be con-
structed within four years from the date of the passage of this act."
Section 12 provides for the construction, by the Secretary of War,
within two years after the passage of this act," across the Potomac
River, at a point above the site of the present Long Bridge, of a new
and substantial bridge for highway travel, of iron or steel, resting upon
masonry piers and provided with suitable approaches and with a suffi-
cient draw, all in accordance with plans and specifications prepared
under his direction and by him approved.
Long Bridge was originally built by the Washington Bridge Com-
pany, the act of Congress of February 5, 1808, which authorized its
construction, also authorizing the collection of tolls. At that time there
was no causeway, as there is now, between the Washington channel
and the Virginia, or main, channel. In 1831 the bridge was destroyed
by a freshet. It was rebuilt under an appropriation for that purpose
made in 1834. In 1840 the bridge was partly destroyed by a freshet
and the sudden breaking up of ice. In 1843 it was repaired and
again opened for travel. Congress, by act of June 21, 1870, author-
ized the Baltimore and Potomac Railroad Company to take possession
of and extend its tracks across the bridge under certain conditions.
The act in full is as follows:
CHAP. 142. An act supplementary to an act entitled "An act to authorize the con-
struction, extension [extension, construction], and use of a lateral branch of the
Baltimore and Potomac Railroad Company into and within the District of Columbia,"
approved February fifth, eighteen hundred and seventy [sixty-seven].
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the Baltimore and Potomac Railroad Company be, and
they are hereby, authorized and empowered to extend their lateral branch, author-
ized by the act to which this is a supplement, and by former supplements to said acts,
by the way of Maryland avenue, conforming to its grade, to the viaduct over the
Potomac River, at the city of Washington, known as the Long Bridge, and to extend
their tracks over said bridge, and connect with any railroads constructed, or that may
hereafter be constructed, in the State of Virginia. To effect these purposes the said
Baltimore and Potomac Railroad Company are hereby authorized and empowered
to take possession of, hold, change, and use the said bridge, and the draws connected
therewith, in perpetuity, free of cost: Provided, That the said Baltimore and Potomac
Railroad Company will maintain in good condition the said bridge for railway and
ordinary travel; and the bridge shall at all times be and remain a free bridge for
public use for ordinary travel: And provided further, That the said Baltimore and
Potomac Railroad Company shall erect and maintain the drawbridges, SO as not to
impede the free navigation of the Potomac River, in efficient working condition at
all times; and that, until such time as the needful changes are made to accommodate
railroad and other traffic, as contemplated by this supplement, it shall be the duty
of the said Baltimore and Potomac Railroad Company to repair without delay all
damages to the present bridge and maintain it without cost to the United States:
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Provided, That said railroad company shall give other railroad companies the right
to pass over said bridgeupon such reasonable terms as may be agreed upon, or Congress
prescribe.
SEC. 2. And be it further enacted, That if the said Baltimore and Potomac Railroad
Company shall at any time neglect to keep such bridge in good repair, and free for
public use for ordinary travel, the Government of the United States may enter into
possession of the said bridge; and Congress reserves the right to alter or amend this
law.
Approved, June 21, 1870.
The bridge remains to-day the property of the Baltimore and Poto-
mac Railroad Company by virtue of the act of Congress just quoted.
By the term bridge is meant the entire structure from the Washington
shore to the Virginia shore, including the causeway across the flats.
The reclamation of the flats in the Potomac River in front of Wash-
ington, generally known as the Potomac Flats, was fully authorized
by the act of Congress of August 2, 1882, in the following words:
Improving the Potomac River in the vicinity of Washington with reference to the
improvement of navigation, the establishment of harbor lines, and the raising of
the flats, under the direction of the Secretary of War and in accordance with the
plan and report made in compliance with the river and harbor act approved March
third, eighteen hundred and eighty-one, and the reports of the Board of Engineers
made in compliance with the resolution of the Senate of December thirteenth,
eighteen hundred and eighty-one.
* * *
The project approved by that act for the said reclamation and for
improvement of the Potomac River at Washington has for its objects
the improvement of the navigation of the river by widening and deep-
ening its channels, the reclamation of the flats by depositing on them
the material dredged from the channels, the freeing of the Washington
channel, SO far as it can be done, of sewage, and the establishment of
harbor lines beyond which no wharves shall be built.
To accomplish these objects the channels were to be improved so as
to have depths of 20 feet at low water. The flats above Long Bridge
were to be filled in to a height of 3 feet above the flood plane of 1877;
below Long Bridge the middle longitudinal line of the flats was to
be filled to the same height, but the fill was to slope thence toward
each channel SO as to have a height of 6 feet above low tide at the
margins of the fill. In order to purify the water in the Washington
channel, cut off at its upper end from the Virginia, or main, channel,
a tidal reservoir or basin was to be established above Long Bridge not
less than 8 feet deep and provided with inlet and outlet gates of ample
dimensions, automatically arranged for filling the reservoir on the
flood tide from the Virginia channel and emptying it into the Wash-
ington channel to the level of low water at the ebb. An ample system
of drainage for the reclaimed area was to be provided.
The project also provided for the rebuilding of Long Bridge at an
early period during the progress of the improvement, with wide spans
upon piers offering the least obstruction to the flow of water, and also
for the interception of all sewage discharged into the Washington
channel and its conveyance to the James Creek Sewer Canal; but
neither of these two works was included in the estimated cost of the
improvement, which was $2,716,365. A revision of this estimate, made
in 1897, places the cost at $2,953,020.
A training dike on the Virginia shore was added in 1890.
The total amount expended on the improvement since August 2,
1882, is about $2,217,480. The result has been an improvement of
the Washington and Virginia channels SO as to afford depths at low
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water of about 20 feet and the reclamation of 621 acres, the average
elevation of the reclaimed area above mean low tide of the Potomac
being about 10 feet.
The reclaimed land incloses a tidal reservoir of 111 acres and a
smaller one of about 7t acres, the total acreage of the reservoirs and
of the reclaimed land being about 7391 acres. The land thus reclaimed
is very valuable. A portion of the northeasterly margin of the tidal-
reservoir beach was set apart by Congress a few years ago for a pub-
lic bathing beach. The reclaiming of the flats has disposed of the
great injury to public health in that part of the city by converting
what were large areas of submerged and partly submerged flats, cov-
ered more or less with rank growths of marine vegetation, and which
collected refuse and sewage, into an area of elevated land capable of
being turned into one of the finest city parks in the country.
Congress, by act of March 3, 1897, enacted as follows:
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the entire area formerly known as the Potomac Flats, and
now being reclaimed, together with the tidal reservoirs, be, and the same are hereby,
made and declared a public park, under the name of the Potomac Park, and to be
forever held and used as a park for the recreation and pleasure of the people.
The reclaimed area (not yet entirely raised to the full height contem-
plated by the project, and not yet provided with the inlet gates) has,
therefore, been for nearly three years a public park set apart for the
pleasure and recreation of the people.
The necessity for rebuilding Long Bridge with broad spans, so as to
provide better for the flow of water, has long been recognized, and in
fact the reclamation of the flats and improvement of the Virginia chan-
nel have been carried on with the understanding that the bridge would,
at an early day, be reconstructed SO as to remove the obstruction to
the passage of floods resulting from its piers and the slight elevation
of its bottom chord above low water.
Long Bridge at present consists of three sections, as follows:
1. Commencing at the Washington shore is a double-track, two-span,
plate-girder bridge, having a total length of 162 feet, across the head
of the Washington channel. It replaces the wooden span of the old
bridge. This part of the bridge was rebuilt by the Baltimore and
Potomac Railroad Company in about 1891 and practically as part of a
plan recommended in 1890.
The elevation of the base of the railroad rails across this part of the
bridge is 201 feet above mean low tide. The highway at present
crosses this bridge adjacent to the railroad.
2. A causeway of earth, between retaining walls of masonry, travers-
ing the area of the reclaimed flats between the Washington and Virginia
channels and about 2,000 feet in length, on which is laid a double-track
railroad line. The elevation of the base of the rails along this cause-
way varies from 20 to 13 feet above mean low tide.
3. A bridge across the Virginia channel nearly 2,000 feet in length,
which is the structure specifically referred to in sections 11 and 12 of
the pending bill. This portion of Long Bridge consists of a wooden
Howe truss bridge, reinforced by wooden arch beams. The spans
number 13, each 135 feet in the clear, and one pivot drawspan 182
feet in length, affording two openings of about 70 feet in the clear
each, only one of which is arranged for the passage of vessels. The
extreme width of this part of the bridge, from out to out of trusses, is
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about 40.4 feet. On the upstream or northwestsi is a wagon road about
19 feet wide, but with no sidewalk; while on the downstream side is the
single track of the Baltimore and Potomac Railroad, with a clear width
between trusses of about 13.2 feet. The widths of wagon road and
track are included in the width of 40.4 feet given above. The bridge
spans rest upon masonry piers, built of an inferior quality of stone
and resting upon pile and grillage foundations, the grillage being at
the level of low tide. In order to protect these foundations from being
undermined by river currents large quantities of riprap have been
deposited about them, causing a series of immense mounds of stone
extending across the river channel. The effect of the piers and riprap
has been to reduce the natural discharge area of the river at this part
of Long Bridge about 30 per cent.
The direction of the bridge is not normal to the present, the pro-
posed, or even to the original direction of the river current, so that
the piers, built at right angles to the line of the bridge, are not paral-
lel to the direction of the current, but are more or less oblique to it,
and become themselves, to greater or less extent, an obstruction to
the flow of freshets. A further obstruction is reported to have arisen
during the freshet of 1889, on account of the water rising to a height
of about 21 feet above the lowest part of the superstructure, and which
is only about 10.3 feet above mean low tide.
Recurring to the proposed new bridge or bridges; the existence of
two bridges across the Potomac River, as contemplated, would be objec-
tionable from every point of view. Such an arrangement would be
detrimental to navigation. The general line of highway travel should
be maintained, and that would bring the two bridges close together.
There would thus be delay and more danger to vessels in passing the
two draws. The two bridges being in close proximity to each other,
objectionable features of a combined bridge across the Virginia chan-
nel would not be materially lessened.
Two rows of piers across the stream, in close proximity to each
other, would form a greater obstruction than would one row. A sepa-
ration of the two bridges sufficient to meet the needs of navigation
would require that they be distant from each other about 1,000 to 1,200
feet. That would not only necessitate a marked deviation from the
present line of vehicular traffic, but it would also require the traversing
of Potomac Park by draft wagons, etc., along a line considerably to
the westward of the present causeway and to the great detriment of
Potomac Park.
The case should be met by the construction of a combined railroad
and highway bridge structure across the Virginia channel, the high-
way crossing Potomac Park at or about park grade at a reasonable dis-
tance from the railroad track and connecting with the spans and bridge
across the Washington and Virginia channels by suitable inclines, the
lowest part of the portion of Long Bridge across Virginia channel to
afford a clear head room of at least 18 feet above mean low tide.
For the present causeway across the flats (Potomac Park) a viaduct
of steel of open work and pleasing design should be substituted, in
order to afford carriageway through it, and also a clear view through
it of the park beyond the viaduct, and no greater width of park should
be occupied by the viaduct or other portions of the bridge or in con-
nection therewith than that necessary for the crossing of the two par-
allel tracks at the usual distance apart, as well as for the width of
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the inclines connecting the highway with the bridge, and for the usual
stations for operating the track.
AMENDMENTS PROPOSED.
I would respectfully recommend the striking out of section 12 alto-
gether. And although I am not required to report upon section 14
of the proposed bill, I beg leave to say that, in order to carry out what
is herein recommended, it would be necessary to strike out that sec-
tion which proposes to grant to the said Baltimore and Potomac Rail-
road Company the right to occupy and use -
for yard tracks and other corporate purposes, all that certain tract and parcel of land
(part of a larger tract owned by the United States), situated in said District of
Columbia, lying between what is known as the Washington channel and the Main
channel of the Potomac River, 500 feet in width, parallel with and contiguous to,
and on the southeasterly side of, the railroad of said company as now maintained
and operated: Provided, That the said company shall so locate and construct and
maintain its tracks, structures, and appurtenances on said parcel of land as at all
times to afford and furnish ample and adequate passageways, and maintain the same,
beneath its tracks and other structures at each end of said hereby-granted parcel
of land, and adjacent to each of said channels, for the use of vehicular and pedestrian
traffic.
This section (14), which it is proposed to strike out, provides for
granting the use and occupation by the company of a strip of land 500
feet in width and extending entirely across Potomac Park. The area
would be about 25 acres. It would include about 13 acres upon which
the present contractor for dredging in Potomac River is to deposit
dredged material. It would also infringe upon the area of land at pres-
ent occupied (under revocable permit from the Secretary of War) by
the Department of Agriculture for experimental or test purposes.
The following is proposed as a substitute for section 11 of the said
bill No. 1929:
SEC. 11. That inasmuch as the present Long Bridge, consisting of two spans across
the Washington channel of the Potomac River, of a causeway across Potomac Park,
and of a bridge of thirteen spans and a draw across the Virginia channel of the Poto-
mac River, fails to meet public needs in the following manner: The causeway obstruct-
ing communication between the upper and lower portions of the park and being, also,
unsightly; and the bridge across the Virginia channel being inadequate for present
and prospective railroad and vehicular traffic, as well as for pedestrians, and being
also in a manner obstructive of navigation, and not being capable of alteration to
meet the demands of the public, the Secretary of War is hereby authorized and
directed to cause the removal of the said bridge across the Virginia channel and of
the said causeway across Potomac Park, and the construction at that locality of a
combined railway and highway bridge of steel, of broad spans, with sufficient draw
openings, and a draw or draws, to be opened promptly for the passage of vessels, and
providing for a clear headroom of at least eighteen feet from the plane of mean low
tide to the lowest part of the superstructure; to provide for sufficient width of carriage
way and sidewalk and for two or more railway tracks (not exceeding four tracks);
and also to cause the replacing of the said causeway across the said Potomac Park by
a viaduct of steel, providing for a similar number of railway tracks (not exceeding
four); the plan for both bridge and viaduct to be of pleasing design, and the design
for the viaduct to admit of free communication through it, and also a good view
through it of Potomac Park. And the Secretary of War is also authorized and directed
to cause such work to be done as may be needed to the piers or abutments at, and
the spans across, the said Washington channel, to a proper connection with the said
viaduct; and to also cause the construction of a paved roadway, with sidewalks, across
Potomac Park at park grade, or at such grade as he may determine upon, to connect,
by suitable inclines, with the bridge crossings over the Washington and Virginia chan-
nels. The plans for the foregoing work to be prepared and the removal and con-
struction to be done by the Secretary of War. And it is hereby provided that the
railway tracks shall be running tracks, and that railway cars or engines shall not rest
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for any length of time upon the tracks of the said viaduct, bridge, or spans: And pro-
rided further, That the expense of the removal of the said causeway and bridge and
of the building of the new bridge across the Virginia channel, of the viaduct, of the
roadway and inclines, and of the work at the crossing of the said Washington chan-
nel shall be equally borne by the United States and the said Baltimore and Potomac
Railroad Company, and that the said railroad company shall have the free use, under
regulations to be prescribed by the Secretary of War, of the said track throughout
the distance from Washington, D. C., to the Virginia termination of the bridge, and
shall operate the draw and light the bridge at its own expense, and shall also keep
the said bridge, viaduct, and spans in repair at its own expense, all to the entire
satisfaction of the Secretary of War; the road across Potomac Park herein provided
for to be maintained and kept in repair by and at the expense of the United States:
Provided, That other railroad companies shall have the right to cross the said bridge
upon such terms as may be prescribed by the Secretary of War: And provided further,
That Long Bridge shall be a free bridge, without tolls or charges whatsoever, for the
passage, at all times excepting when the draw shall be open for vessels, of vehicles,
pedestrians, and driven animals.
Should this proposed section be accepted in lieu of section 11 as
printed in the bill, more or less modification of other sections in the
bill would become necessary.
The bill No. 1929 is herewith respectfully returned with the pro-
posed change in section 11, and the proposed striking out of sections
12 and 14 indicated thereon. There is also herewith a sketch of Poto-
mac Park, showing areas proposed for occupation by the Paltimore
and Potomac Railroad Company.
Very respectfully, your obedient servant,
CHAS. J. ALLEN,
Lieutenant- Corps of Engineers.
Brig. Gen. JOHN M. WILSON,
Chief of Engineers, U. S. A., Washington, D. C.
DIVISION OF COST OF ELIMINATING GRADE CROSSINGS.
PENNSYLVANIA RAILROAD COMPANY, GENERAL OFFICE,
Philadelphia, December 26, 1899.
The COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, D. C.
GENTLEMEN: In connection with the pending bill (S. 1929), provid-
ing for the elimination of grade crossings, by requiring the Baltimore
and Potomac Railroad Company to elevate and depress its tracks and
make other substantial improvements on its railroad within the Dis-
trict of Columbia, and the division and apportionment thereby made
of the cost, expense, and damages incident thereto or resulting there-
from, I beg to submit for your information the following data, showing
the policy as to division of cost and expense of improvements substan-
tially similar in character to that contemplated by the pending bill, and
a comparison wherewith will, it is believed, justify the provisions of
said bill in that regard:
Similar work has been done in most of the large cities of this country,
notably, in New York, Philadelphia, Pittsburg, and Chicago. Since
the Pennsylvania Railroad Company is so largely interested in the Bal-
timore and Potomac Railroad Company, both as owner of its stock and
guarantor of its bonds, both of which represent the cost of said rail-
road as it now exists, and since that company has carried out similar
work on its lines elsewhere, reference thereto, as well as to analogous
work elsewhere by other companies, may appropriately be made.
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New York City.-The New York and Harlem Railroad Company,
which owns the approaching line to the Grand Central Station at Forty-
second street, prior to 1872 used the surface of Fourth or Park avenue.
Under what is called the Fourth avenue improvement," this railroad
between the Grand Central Station and the Harlem River was recon-
structed by depressing the same into covered ways and tunnels, under
the provisions of chapter 702 of the Laws of New York of 1872,"
the entire expense thereof being borne equally by the railroad com-
pany and the city. The improvement resulted not only in the elimina-
tion of all grade crossings, but gave the railroad two additional tracks.
This improvement continued as originally constructed until 1896,
when, under certain revisions of the Laws of New York," the
tracks were elevated on a steel viaduct, one-half of the expense (ex-
cluding the expense of stations) being borne by the city to an amount
not exceeding one-half of $1,500,000, and an amount not exceeding
one-half of $100,000, under the amending act of 1894, and the balance
of the expense being borne by the railroad company. The reason for
this last improvement was the necessity of elevating the bridge over
Harlem River, in order to comply with act of Congress, but in order
to do this it was only necessary to change the grade of the railroad
as far south as One hundred and twenty-fifth street. The improve-
ment, however, was continued as far south as One hundred and sixth
street to meet the demand of the property owners for the elevation
of the tracks.
New York State.-The existing general grade-crossing act of New
York provides that the expense of abolishing grade crossings is to be
borne 50 per cent by the railroad company, 25 per cent by the munici-
pality, and 25 per cent by the State. The provisions of this act, how-
ever, do not apply to the city of Buffalo, which is specially provided
for, and under which the various railroad companies whose lines are in
Buffalo have entered into agreements to eliminate the grade crossings
in said city.
Pittsburg.-The main line of the Pennsylvania Railroad approaches
Pittsburg through the suburbs of Homewood, East Liberty, Shady
Side, and Lawrenceville, all of which are included within the limits of
said city.
On December 30, 1872, the company entered into an agreement with
the city of Pittsburg providing for the elimination of certain grade
crossings by building bridges to provide undergrade and overhead
crossings therefor, which agreement had legislative sanction.
The Pennsylvania Railroad Company, under said agreement, assumed
the responsibility for, and the cost of, doing all the work along its
right of way, including the erection of all necessary bridges, the
changes in the grades of the streets and alleys immediately adjoining
and leading to its stations and property, and the maintenance of all
abutments and supports of crossings; the city being responsible for,
and assuming the cost of, changing the grades of the streets leading
thereto, and the maintenance of the superstructure of the bridges as
part of the public highways.
Philadelphia.-In the elevation of the Philadelphia and Trenton
Railroad a leased line of the Pennsylvania Railroad Company-which
was authorized on April 2, 1890, under the authority of city ordinance,
the company entered into an agreement with that city whereby it paid
all the expense, within the lines of its right of way, of constructing six-
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teen undergrade and three overhead bridges. The next work on the
Philadelphia and Trenton Railroad, which was authorized under ordi-
nance of February 2, 1897, amended on April 1, 1899, was treated
more liberally by the city authorities, the latter contributing $750,000
toward the work of elevating the railroad, constructing its bridges,
and other work incident thereto, the railroad company dedicating to
the city, for highway purposes, the bed of the street which it owned
as its right of way. The city also set aside on account of this work
$150,000 for the payment of any damages which might be assessed by
reason of the necessary changes in grade or opening of certain streets.
Under ordinances of March 15 and 17, 1894, providing for the
abolishment of grade crossings on the Philadelphia and Reading Rail-
way, the cost of the work of depressing said railway and providing
the necessary overhead and undergrade bridges, estimated at $6,000,-
000, was divided equally between the city and the railroad company,
the railway company's liability, however, being limited to $3,000,000.
Chicago.-During the past few years the tracks of the Pittsburg,
Fort Wayne and Chicago Railway and Pittsburg, Cincinnati, Chicago
and St. Louis Railway have been elevated under city ordinances, the
companies paying all the expense, including the cost of approaches
and property used by the railroads in elevating, changing streets, etc.,
the city being responsible for all property damages, future viaducts
to be constructed at city's expense.
The bill before you contemplates that the railroad company shall
bear the whole expense of all changes in its railroad within its right
of way, including the cost of all overhead and undergrade bridges for
intersecting streets, and that the only expense to the District of
Columbia is in the expense of the changes in the grades of the streets
approaching said overhead and undergrade crossings and the damages
thereby resulting to abutting property owners.
I am endeavoring to obtain additional accurate data respecting work
of like character in other localities, which will be promptly communi-
cated to you.
Very respectfully,
SAMUEL REA,
Fourth Vice-President.
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House Report No. 2026, Fifty-sixth Congress, second session.
GRADE CROSSINGS OF THE BALTIMORE AND POTOMAC
RAILROAD COMPANY IN THE DISTRICT OF COLUMBIA.
DECEMBER 14, 1900.-Referred to the House Calendar and ordered to be printed.
Mr. MUDD, from the Committee on the District of Columbia, submitted
the following
REPORT.
[To accompany S. 1929.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 1929) to provide for eliminating certain grade crossings on
the line of the Baltimore and Potomac Railroad Company, in the city
of Washington, D. C., and requiring said company to depress and
elevate its tracks, and to enable it to relocate certain parts of its
railroad thereon, and for other purposes, have given careful considera-
tion to the measure, and report it back to the House with the recom-
mendation that it do pass with the following amendments:
Page 1, line 9, strike out the word "Eighth" and insert in lieu thereof
the word " Eleventh."
Page 1, line 11, after the word "for," insert the words "not less
than, and after the word "two" insert the words nor more than
four."
Page 5, line 18, after the word "the," at the end of the line, add the
words "time fixed for the."
Page 9, line 8, insert the word "it" after the word "as" where it
appears before the word now."
Page 11, line 2, strike out the semicolon where it appears after the
word public" and insert the word "and."
Page 11, line 6, strike out the semicolon where it appears after the
word "passageways" and insert in lieu thereof a period; also at the
end of said line strike out the word "and."
Page 11, line 7, strike out the small letter "a" in the word "all"
and insert a capital "A."
Page 13, line 10, after the word "Columbia" strike out the period
and add the following: "and the United States, as hereinbefore pro-
vided."
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Page 13, line 19, after the word Columbia," strike out the period
and insert a semicolon, and add the following:
Provided, That in every case in which an assessment of the damages or an award
shall have been returned by the appraisers, the company, upon paying into court the
amount so assessed or awarded, may enter upon and take possession of the land and
property covered thereby irrespective of whether exceptions to said assessment or
award shall be filed or not, and the subsequent proceedings shall not interfere with
or affect such possession, but shall only affect the amount of the compensation to be
paid.
Page 14, line 18, after the word therefor" and the parenthesis, add
the words and its successors."
Page 14, line 23, strike out the word "Railroad" and insert in lieu
thereof the word Railway."
Page 14, line 24, after the word "Company," add the words and
its successors."
Page 14, line 25, after the word "traffic," add the following: and
for its other corporate purposes."
Page 16, line 2, after the word "Company," add the words or any
other party."
Page 16, lines 20 and 21, strike out the word "reasonable," in line
20, and also the following: 'agreed upon between the companies or."
Page 16, line 21, strike out the word "street" at the end of the line.
Page 16, line 22, strike out the word " railroad" and insert in lieu
thereof the following: Washington, Alexandria and Mount Vernon
Railway Company." Also at the end of the line, after the word per-
mitted," insert the words and required."
Page 17, line 4, after the word 'bridge," insert the following: "and
no dynamo furnishing power to this portion of the road shall be in any
manner connected with the ground."
These amendments are recommended for the purpose of more clearly
indicating the view of the committee with reference to the division of
the costs between the railroad company and the District of Columbia
and for effectuating the general purposes of the bill.
The committee have not felt called upon to enter upon any discussion
as to the removal of the main passenger station of this company to a
point in the southern section of the city below the Mall. That is an
old subject-matter which has been thrashed over in the public press
and in the discussions of Congress in previous sessions. In the judg-
ment of the committee the business interests of the city, the conven-
ience of the traveling public, as well as a practically unanimous public
sentiment, are united in opposition to any such removal.
An exhaustive and elaborate report was made on this measure in the
Senate by Mr. McMillan, and it is incorporated and adopted as a part
of this report.
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House Report No. 2026, Part 2, Fifty-sixth Congress, second session.
GRADE CROSSINGS OF THE BALTIMORE AND POTOMAC
RAILROAD COMPANY.
DECEMBER 15, 1900.-Referred to the House Calendar and ordered to be printed.
Mr. COWHERD, from the Committee on the District of Columbia, sub-
mitted the following as the
VIEWS OF THE MINORITY.
[To accompany S. 1929.]
The undersigned members of the Committee on the District of
Columbia, not being able to reach the conclusion of the majority of
the Committee on S. 1929, a bill for the abolishment of grade cross-
ings on the Baltimore and Potomac Railroad, respectfully submit for
the consideration of the House the following:
The proposed bill provides that the tracks of this road shall enter
the city in part through a tunnel and in part over an elevated struc-
ture. In order to obtain the consent of the company to this change (a
matter which we submit is not necessary), it is proposed to give to
the company 14 acres out of the center of the Mall-12 acres off of the
area of Garfield Park and other Government lands, worth in all
$1,394,500.
The District of Columbia and the United States are to pay all dam-
ages to private property and all the cost of building approaches where
streets are carried under or over the right of way, the two items being
estimated at $250,000. In addition it is proposed to appropriate
$568,000 for the building of a highway bridge, separated from the
Long Bridge, now used by the railroad, which is to be rebuilt by the
company. Summing the cost to the public of the proposed change, it is
as follows:
Land given
$1,394,500
Cost and damages borne by District and United States
250,000
Appropriation for new bridge
568,000
Total
2,212,500
It is claimed that where a railroad is compelled by a municipality to
change the grade of its tracks to abolish grade crossings equity
requires the city to bear a portion of the cost involved. While this
S. Doc. 220-14
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may be true where a road owns its right of way and has erected per-
manent improvements thereon, we respectfully submit it should not
be invoked in the present instance. The tracks of this road now in
the city of Washington are laid on public property; its depot is located
on a public reservation; it crosses the Potomac on a bridge furnished
it by the Government at great cost. The obtaining of suitable termi-
nals in the great cities is always the most serious and most costly ques-
tion involved in railroad building. Here are the three great items of
expense which any road seeking entrance to this city must meet all
furnished free to this road, the use of which it has enjoyed for nearly
half a century. Under these circumstances we contend it would be no
hardship on the company for Congress to withdraw the rights hereto-
fore granted and compel the company to change the grade of its tracks.
It would seem that the bare statement of the foregoing facts in itself
should be sufficient to defeat the proposed bill, but the unwarranted
bestowal of the people's property upon a favored corporation is the
least objectionable feature of the bill.
Stretching from the Capitol to the Monument and thence to the
White House lies the Mall," the distinctive feature of Washington's
reservations designed by L'Enfant, and especially reserved by Wash-
ington to be the most beautiful of all the city's system of parks. This
magnificent reservation of 600 acres in the heart of the city offers pos-
sibilities to the landscape architect the equal of which can be found
in no other city on earth.
The reason the permanent improvement of the Mall has been so long
neglected is due to the fact that in 1871, just prior to the time Con-
gress and the citizens of Washington turned their attention to the
work of beautifying the nation's capital, the Baltimore and Potomac
Railroad obtained permission to lay its tracks down Sixth street and
occupy with its station a strip of the reservation 150 feet wide. This
prevented, and it still prevents, any permanent improvement of this
reservation. This occupation and the improvements erected are tem-
porary in their nature; but if the proposed bill should be passed and
the 14 acres out of the center of the park given to the company and
they build thereon, as is proposed, a terminal station and improve-
ments costing nearly or quite $2,000,000, then we have surrendered
forever all hope of hereafter treating this great reservation as Wash-
ington intended, and with it goes the opportunity to make the nation's
capital the most beautiful of cities.
We respectfully submit this is a part of the heritage of all the peo-
ple and should be preserved for them.
By act approved June 6, 1900, the Chief of Engineers was author-
ized to report to Congress plans for the treatment of this reservation,
and the sum of $4,000 was appropriated to secure the services of a
landscape architect of conspicuous ability. That report has just been
submitted and recommends the removal of the present depot and tracks
of the company to a point on the south line of the reservation. We
quote from the report:
One of the most important features of the plan will be found in the new site
assigned to the Pennsylvania Railroad station, now a serious obstruction to the
development of the new park. Its present location, if retained, would utterly destroy
the harmonious arrangement of the ovals and sunken transverse roads, which are the
distinguishing characteristics of the present design. The passage of trains through a
park, whether over, or under, or on the level, is always to be deprecated. It destroys
the restfulness and isolation of the place, and it should be prevented by any arrange-
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ment that is not absolutely inimical to the comfort and business necessities of the
public. A lightning express is quite incompatible with a green garden and singing
birds.
The proposed site for the station, it will be seen, is large and commodious and sit-
uated directly in front of the transverse road at Seventh street, which is made as
wide as Pennsylvania avenue, and only 1,600 feet from its nearest borders. The
station as now situated, in the heart of the proposed park, would completely destroy
the unity of the park design, for it stands at the very point where the loss would be
the greatest. Under the new arrangement proposed, every advantage in the way of
electric cars and convenient and commodious foot and carriageways could be secured,
as they could all be brought directly under the roof of the station.
I dwell thus strongly on the importance of a new location for the railroad station
because I believe that if all parties genuinely and patriotically interested in securing
a really great park were thoroughly alive to the real merits of the question, it would
be readily conceded that the railroad should be banished to parts where it would be
invisible, if not wholly inaudible, from the main drives of the park, and especially
from the bridges over the transverse roads. Its removal is a serious necessity.
This bill is strenuously opposed by the Chief of Engineers in charge
of public buildings and grounds, and we refer to his report to the Sec-
retary of War on the Senate bill, together with the report of Col.
Theodore A. Bingham and Lieut. Col. Charles J. Allen, attached to the
report of the majority.
We submit the bill should be recommitted to the committee.
W. S. COWHERD.
T. W. SIMS.
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Senate Report No. 982, Fifty-seventh Congress, first session.
UNION RAILROAD STATION AT WASHINGTON, D. C.
APRIL 3, 1902.-Ordered to be printed.
Mr. MCMILLAN, from the Committee on the District of Columbia,
submitted the following
REPORT.
[To accompany S. 4825.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 4825) to provide for a union railroad station in the District
of Columbia, and for other purposes, having considered the same,
make a favorable report thereon.
The bill proposes that the Baltimore and Potomac Railroad Com-
pany shall remove its tracks from the Mall and shall unite with the
Baltimore and Ohio Railroad Company in the construction of a union
passenger station on the north side of Massachusetts avenue at its
intersection with Delaware avenue.
The Baltimore and Potomac Railroad Company occupies a portion
of the Mall by virtue of a grant made by the common council and the
board of aldermen of the city of Washington, made on March 20,
1871, which grant was confirmed by the act of Congress entitled "An
act to confirm the action of the board of aldermen and common council
of the city of Washington, designating a depot site for the Baltimore
and Potomac Railroad Company, and for other purposes," approved May
21, 1872, the bill having been passed by a two-thirds vote in each the
Senate and the House of Representatives. A station site south of the
Mall had been granted to the road, but the people living in the neigh-
borhood strenuously objected to a location near the schools and
churches, and leading merchants petitioned Congress for a site conve-
nient to business on Pennsylvania avenue.
During the Fifty-sixth Congress legislation was enacted enlarging
the occupation of the railroad in the Mall. This action was taken
only after years of effort to obtain the withdrawal of the road from
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public space, and because of the demand for the elimination of grade
crossings, and increased facilities for handling the rapidly growing
traffic. In the adjustment then made, the railroad received land in
the Mall in lieu of the usual cash payment of one-half the cost of track
elevation.
The proposition now is that the United States shall buy, at a fair
valuation, this land on which the railroad has been paying taxes for
thirty years, and that the railroad shall use the money so received as a
portion of the expense of building a tunnel and making connections
with the proposed union station.
This proposition does not come from the railroads. They are satis-
fied with their present situation. When the question of improving the
District of Columbia was taken up, the removal of the railroad tracks
from the Mall was considered absolutely essential. The Mall was laid
out to form the great approach to the Capitol, and it is impossible to
conceive any adequate treatment of the capital park system without
freeing the Mall from the railroad tracks and station. When this
view of the situation was placed before the president of the Pennsyl-
vania Railroad, he replied, after very careful consideration, that while
he did not desire any change, yet he realized that if Washington is to
have the development of a capital city in the true sense of that word,
the railroad must leave the Mall; and he was willing to accept any
adjustment that would be fair to the stockholders whose interests he
represented.
From the standpoint of economical railroad management, the pro-
posed union station has little to recommend it. The terminal charges
are increased from about 40 cents to about $1.20 per passenger car,
and there will be no corresponding increase in passengers. The Bal-
timore and Ohio Company, which does a comparatively small passenger
business, claims that it would be much better off by keeping to the C
street site provided for in existing legislation, especially as contem-
plated change compels that road to give up its present extensive and
well-located freight yards, and purchase city blocks in Eckington.
Yet a station at C street would bring a great commercial structure
in close proximity to the Capitol, the approaches would be narrow
and indirect, and Massachusetts avenue would be permanently dis-
figured by being bridged by a train shed 800 feet in length. Those
ugly features which lead to the removal of the railroad from the Mall
would be repeated by the C street location.
Very careful figures have been made in regard to the height at
which the station should stand above the present grade of Massa-
chusetts avenue. The architect desired the lowest possible grade,
but the Engineer Commissioner of the District has figured that the
grade selected (+ 56) will result in the smallest amount of damages to
property. At the same time the new grade will allow the grade of
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North Capitol street to be raised and other like improvements to be made,
and the location of the station as proposed will greatly increase property
values in what has long been practically dead territory. The Massa-
chusetts avenue site also benefits the Government Printing Office by
removing the car shifting and the consequent dust and smoke.
The new station will be the finest structure of its kind in the world.
Its length will be 760 feet, which is 8 feet 8 inches longer than the
Capitol itself. It will be built of white marble, with the interior of
marble and stone. The classical style of architecture will be used, and
the building will be so located and designed that while distinctly sub-
ordinate to the Capitol it will take rank among the great public struc-
tures in Washington. The minimum cost of the station has been
placed at $4,000,000, but the total cost will be nearer $5,000,000.
The station as planned is arranged for 29 tracks, with room for 7 addi-
tional tracks, thus providing for an indefinite future. The public con-
venience has been studied, with the result that persons arriving or
departing will be accommodated without loss of time; and a private
entrance is provided for use of the President of the United States and
for ceremonial occasions. All street-car lines receive and discharge
passengers in close proximity to the station, and ample accommoda-
tions are provided for bodies of troops and great delegations arriving
or departing at inaugural times or when other large gatherings occur
at the capital. In a word, every provision has been made for a great,
dignified, convenient, accessible gateway to the capital of the nation.
At the same time the occupation of public space set apart by Wash-
ington to give dignity and beauty to the Capitol will be restored to
public uses; and that great thoroughfare, Massachusetts avenue, which
under present legislation would be disfigured by the construction of a
railroad viaduct, will be left free and open. Every question relating
to beauty, dignity, and convenience has received attention; and while
the initial expense of a union station is large, at the same time the
solution reached seems to the committee ideal in every respect.
It is proposed to pay to the Baltimore and Potomac Railroad Com-
pany $1,500,000 for the ground in the Mall, this amount to be expended
by the company as a portion of the cost of making the connection with
the new union station. The tunnel under Capitol Hill alone will cost
$1,649,000. The ground given up by the railroad becomes available
for two public buildings, as well as for park purposes.
It is further proposed that the District of Columbia shall make suit-
able approaches to the new station. This is a municipal improvement;
it will not increase the revenues of the railroads, but it will conduce to
the convenience of the people of the District, of Government officials,
and of visitors to the national capital. It is provided that the rail-
roads shall construct 80 much of the plaza as lies between the building
line of Massachusetts avenue and the new station; and, also, that they
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shall provide for streets on the west side of the station. The cost of
these street improvements will be $620,000 for grading and paving,
$500,000 or less for land, and $550,000 for damages to property due to
changes of grade; in all, $1,670,000, the payment of which amount will
be spread over a number of years.
It is not proposed to disturb the present legislation in regard to the
elimination of grade crossings in the District of Columbia. That
legislation was the result of an agitation carried on in Congress and in
the District for the past twenty years. Aside from the question of
the occupation of the Mall, the present laws are well adapted to secure
all the results necessary to give to the District of Columbia the best
possible railroad terminals. The acquisition by the Pennsylvania
Railroad Company of a controlling interest in the Baltimore and Ohio
Railroad makes it possible at this time to secure such a modification
of the project of last year as will, when carried out, give a complete,
adequate, and monumental treatment of the railroad terminals in
Washington.
The entire cost to the railroads of all the changes that are to be
made in the District of Columbia for the elimination of grade crossings
and the construction of improved terminals amounts to $6,761,651 for
the Baltimore and Potomac Railroad Company, and for the Baltimore
and Ohio, $5,599,408, or a total of $12,361,059.
In addition to this amount the District and the United States is to
expend on its own property in streets and avenues $1,670,000, thus
bringing the total sum of money to be spent in the District to more
than $14,000,000. Of this amount the United States and the District
of Columbia contribute $1,500,000 to the Baltimore and Ohio, as their
share in the elimination of grade crossings along that line; and the
United States pays $1,500,000 toward the elimination of grade cross-
ings along the line of the Baltimore and Potomac. The railroad relin-
quishes its occupation of the Mall. There are various smaller items
in the account, such as the use of lands in Garfield Park, and damages
to property along the line of the Baltimore and Potomac; but these
are comparatively small items and do not materially affect the above
statement.
There is practical unanimity among the people of the District of
Columbia in favor of a union depot on the Massachusetts avenue site.
Indeed, the solution of the railroad problem proposed is what the
District of Columbia has been striving for during the past quarter of
a century.
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Senate Committee on the District of Columbia.
RAILROAD TERMINALS IN WASHINGTON, D. C.
APRIL 17, 1902.-Printed for the use of the committee.
OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, March 27, 1902.
SENATOR: The Commissioners have the honor to submit the follow-
ing preliminary report upon Senate bill 2481, Fifty-seventh Congress,
first session, "To effect the relinquishment and surrender by the Bal-
timore and Potomac Railroad Company of its right to use and occupy
a portion of the Mall for a passenger station, and to provide for a
passenger station and terminals in the city of Washington, District of
Columbia, to be used in common by the Baltimore and Ohio Railroad
Company, and the Baltimore and Potomac Railroad Company, and for
other purposes."
A full report can not be submitted at this date on account of certain
data as to cost of work to be done by the railroad, and of land owned
by the railroad not having been obtained. All the main engineering
features have been thoroughly considered and are included in this
report. The full report will follow within a few days.
This bill is supplemental to the acts of Congress approved February
12, 1901, entitled, "An act to provide for eliminating certain grade
crossings in the District of Columbia, to require and authorize the
construction of new terminals and tracks for the Baltimore and Ohio
Railroad company in the city of Washington, and for other purposes,"
and "An act to provide for eliminating certain grade crossings on the
line of the Baltimore and Potomac Railroad Company in the city of
Washington, District of Columbia, and requiring said company to
depress and elevate its tracks, and enable it to relocate part of its
railroad therein, and for other purposes," which acts still continue in
force except as modified by this bill.
OBJECTS OF THE BILL.
The general provisions of the bill are:
First. The relinquishment by the Baltimore and Potomac Railroad
Company of the public space occupied, in accordance with existing
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legislation, on the Mall, on the streets north of Maryland avenue west
of Eighth street, and north of Virginia avenue east of Eighth street.
Second. The construction of a union passenger station on the axis
of Delaware avenue and near the north edge of Massachusetts avenue.
Third. The construction of a double-track line from the present
tracks of the Baltimore and Potomac Railroad at Virginia avenue and
Second street, southwest, passing under Capitol Hill by means of a
tunnel to the new station.
Fourth. The relinquishment of the proposed Baltimore and Ohio
passenger station and freight stations as authorized under existing law.
Fifth. The establishment of a Baltimore and Ohio freight station in
Eckington at New York avenue and Eckington Place, and a second
station at M, N, and Second streets, NE.
Sixth. The construction of a new line for the Baltimore and Potomac
Railroad from the new station to Magruder Junction, none but passen-
ger trains coming south of Florida avenue.
Seventh. To increase and construct new yards at Eckington Place
and eastward.
DESCRIPTION OF CHANGES.
Taking up the changes in detail, they are as follows:
In South Washington, the main line of the Baltimore and Potomac
is generally not altered. The tracks are to be removed that branch
out from the main line to the present passenger station on the Mall,
except that at Sixth street a freight station, with overhead crossing
over that street between Virginia avenue and C street, will be built.
At a point near the crossing of Second street SW. a branch line of
two tracks leaves the main tracks, crossing Virginia avenue with a
clearance of 15 feet; First street and Delaware avenue with a clearance
of 16 feet; and South Capitol street with not less than 14 feet; thence
entering a tunnel just before reaching New Jersey avenue, keeping in
tunnel under First street until station is reached at Massachusetts
avenue. This tunnel presents no difficulties. It is not known just
what the material is through which it will pass, though probably it is
clay, or clay mixed with sand, as the indications from sewers and old
wells are of that nature. Whether it is earth or rock, there should
be no difficulty in driving and protecting the tunnel. It will pass with
the rails about 55 feet below surface at Capitol Hill and under the west
side of First street E. There can be no danger anticipated to the
Congressional Library, nor to any private buildings. At the south
edge of the plaza in front of the station the double track branches into
six tracks entering the station. The west end of Ivy street is closed
and the street diverted into Canal street.
The station is built on the axis of Delaware avenue at the north edge of
Massachusetts avenue. In front will be an elliptical plaza about 500 feet
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in width along the axis of Delaware avenue and about 1,000 feet at
right angles thereto. From this plaza the existing streets and ave-
nues, as well as certain projected ones, radiate in a symmetrical man-
ner, making the frontage of this terminal a focus for the thoroughfares
leading from all parts of the city.
The terminal structure, which has a frontage of 760 feet on the
plaza, has a length of 1,500 feet without a reduction of width up to a point
between H and I streets; it then begins to narrow until at the south
side of L street, which is the end of the terminal structure proper, it
has a width of 160 feet. From that point a viaduct extends to Florida
avenue, where the tracks divide into three branches, the first connect-
ing with the Metropolitan Branch of the Baltimore and Ohio, as in
existing legislation; the second connecting with the Washington
branch of the Baltimore and Ohio near Montello station, and the third
connecting with the main line of the Baltimore and Potomac near
Magruder station.
F street and G street will be closed. It is not important in the
former case as Massachusetts avenue is so near, and in the latter case
it is impossible to keep the street open. H street will be kept open
under the railroad. I street is closed. K street will be kept open
under the railroad, and similarly L and M streets. N street is already
closed under existing legislation. Florida avenue will be kept open
under the tracks, and New York avenue it is planned to carry over
the railroad.
The Washington Branch of the Baltimore and Ohio and the Balti-
more and Potomac then run north of New York avenue extended to
Montana avenue.
Ninth, Twelfth, and Fifteenth streets will be carried over the rail-
road and Montana avenue underneath.
From Montello station the Baltimore and Ohio continues on its pres-
ent line. The Baltimore and Potomac continues between U and V
streets, crossing the Reform School grounds near the Districtline. The
projected streets that are to be kept open are Twenty-second, Twenty-
fourth, Twenty-sixth, Twenty-eighth, Thirty-first, Thirty-third, and
Thirty-fifth. The plan of street extension will be so altered as to
accommodate itself to the changed conditions, which can be done with-
out difficulty, as the streets have not yet been opened.
CHANGES OF STREET GRADE.
The main changes of grade, according to this bill, will be at the
terminal station. At that point there will be a maximum fill of 35 feet
with changes of grade as far east as Second street and as far west as
New Jersey avenue, with about 23 feet fill at North Capitol street and
a maximum grade of 3 per cent on Massachusetts avenue. The exact
figures are shown on the map transmitted herewith.
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At H street there will be a tunnel 800 feet in length and a cut of
9 feet at the east end, and no change of street grade at the west
end, with a grade of approach of 4 per cent. It is proposed to
have openings for air and light, and further, to require any street-car
company using this street to light the tunnel. At K street the tunnel
will be 430 feet long with a cut at the east end of 12 feet and at the
west end of 5.6 feet, with a grade of approach of 3 per cent. At L
street the tunnel will be 160 feet with a cut at the east end of 11 feet
and at the west end of 9 feet, and a grade approach of 3.7 per cent.
At M street the cut at the east end will be 15 feet and at the west end
11 feet, with a grade approach of 3 per cent. In all these streets the
grades are not difficult and there will be a continuous fall from east to
west. At Florida avenue the tunnel will be 160 feet long; there will
be a cut of 14 feet at the east end and 15 feet at the west end, giving
a depression of 9 feet below the summit of the western approach.
At New York avenue an overhead bridge is recommended, prin-
cipally because to the east of the railroad and south of New York
avenue the ground is high and the avenue will better serve this prop-
erty if a bridge is constructed over the railroad instead of a tunnel
under. The crossings of the streets farther to the east are not difficult
and can readily be arranged.
The elevation of the plaza and the arrangements of street crossings
have been carefully studied, and assuming the location of the station
as fixed the grades agreed on are as favorable as possible to the Dis-
trict. The difficulty of arriving at a thoroughly satisfactory arrange-
ment of street crossings lies in the necessity of bringing the trains
from the south under the plaza and then over H street. Any further
raising of the plaza would increase the fill and grades, and besides, in
the opinion of the Park Commission, be injurious to the appearance
of the station building. Any lowering of the plaza would injure all
the street crossings to the north of the station, as the streets would
have to dip under the tracks. If the plaza were lowered about 20
feet bridges could be built over the tracks instead of carrying the
streets under, but this would cause great damage to the property on
these streets, and besides the crossings would, in each case, be more
difficult, as there would be an up-and-down grade in the streets instead
of a continuous grade in one direction. It would also make the grades
of the Baltimore and Ohio to the north very heavy.
The subways for the streets will be lined with light brick and will
have air and light shafts. In order to have as little change of grade
as possible the bridges will go over in four spans, with columns in
the center and at curbs, allowing 50 feet width between the curbs and
12-foot sidewalks.
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LIST OF STREETS VACATED AND OF THOSE RESTORED TO PUBLIC USE.
The streets vacated and abandoned to the Baltimore and Potomac
Railroad Company under the act of February 12, 1901, are as follows:
Canal street, between South Capitol street and New Jersey avenue.
G and H streets SE., between South Capitol street and New Jersey
avenue.
I street SE., between First street and South Capitol street.
South side of Virginia avenue between Second and Four-and-a-half
streets SW.
North side of Virginia avenue SW., between Four-and-a-half and
Seventh streets.
South side of Maryland avenue SW., between Ninth and Tenth
streets.
All of Maryland avenue SW., between Twelfth and Fourteenth
streets.
Thirteenth and Thirteen-and-a-half streets SW., between D and
Water streets.
E street SW., between Twelfth and Water streets.
E and F streets SW., where they cross the new railroad right of way.
D street SW., between Four-and-a-half and Sixth streets.
C street SW., between Sixth and Seventh streets.
That portion of Garfield Park lying south of the main tracks author-
ized by the act, as well as all the area of the Mall lying between Sixth
street and a line 340 feet west thereof.
The streets vacated and abandoned to the Baltimore and Ohio Rail-
road Company under the act of February 12, 1901, are as follows:
N street NE., between Second and Third streets.
Delaware avenue, between M street and Florida avenue.
E street NE., between North Capitol and First streets.
D street NE., between North Capitol and First streets.
Delaware avenue NE., between C and F streets; and all streets
embraced within the area of the terminal and viaduct described in the
act.
In the subdivision of Eckington, east of the right of way of the
Metropolitan Branch:
All streets between T street, Florida avenue, Brentwood road, and
Sixth street; also Brentwood road, between S street and Florida ave-
nue, and R street, between Third street and the Metropolitan Branch.
Under the provisions of the pending bill the following additional
streets are vacated and abandoned for railroad use:
In the city of Washington: The west 220 feet of Ivy street; Second
street NE., between N street and Delaware avenue; the west 40 feet of
Delaware avenue NE., between the north side of M street and the south
side of L street; and all parts of streets and avenues within the area
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of the terminal and viaduct described in the bill, except H street,
K street, L street, M street, and Florida avenue shall be carried under
the railroad through these structures, and that New York avenue
extended shall be carried over them.
In Eckington: T street between the right of way of the Metropoli-
tan Branch and the west line of Seventh street; Thomas street from
the west line of Seventh street westward; Seaton street from Sixth
street eastward; S street from Sixth street to the Brentwood road;
Brentwood road from the south side of S street to the west side of
Seventh street; Third street from the south side of R street to Florida
avenue; and Quincy street throughout its length; except that T street
shall be carried over the railroad by a bridge.
The streets and reservations that are granted to the railroads by the
acts of February 12, 1901, and which will revert to public use under
this bill, are as follows:
Delaware avenue NE., from C street to Massachuseets avenue;
Massachusetts avenue within the limits of the terminal specified in
those acts; E street, from North Capitol street to First street east;
D street, from North Capitol street to First street east; the portion of
F street from Massachusetts avenue to the west line of the terminal
structure authorized by the pending bill; the area of the Mall between
Sixth street and a line 340 feet west thereof, and C street SW. between
Sixth and Seventh streets.
To summarize the above, the value of public property in addition
to present occupation, with deductions for such as is restored to the
public use, is as follows (the prices per square foot being either those
used in previous reports and estimates, or, where such are not found,
being arrived at by careful analagous determination):
Under the act of February 12, 1901, in relation to the Baltimore
and Potomac Railroad, $1,374,000; in relation to the Baltimore and
Ohio Railroad, $1,138,610; total $2,512,610.
Under pending bill there is an occupation in common by both rail-
roads of portions of public space, giving a total of $1,454,521. The
figures relate in each case to a comparison with conditions as they
exist today.
PROVISION FOR DAMAGES.
The principal objections that have been raised to the bill by citizens
and property owners, are regarding the damage to property due to
change of grade. This cannot be avoided, but it is thought that by
concentrating the changes at the station a less permanent amount of
damage is done, as it is expected that the rise in value of the property
around the station will, in many cases, counterbalance the damage.
The damages at the other streets, where there would be less advantage
due to the location, have been minimized. The Commissioners have
introduced an amendment allowing damages to property owners
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injured. This provision would take into consideration in awarding
damages any increase in value due to location near the new station.
SUGGESTED CHANGES.
Some citizens of South Washington have petitioned that instead of
the railroad crossing at Ninth street at existing grade and at Sixth
street about 20 feet above existing grade, as required by existing leg-
islation, that the railroad tracks should be lowered so as to have the
street at Ninth street at about existing grade and the railroad at Sixth
street at about grade, carrying the street over by a viaduct. The
object of this would be to depress the tracks around the park at Vir-
ginia and Maryland avenues, and to carry Seventh street above the
railroad instead of below, on account of the less damage to business
and other property in that vicinity and to better save the park. It
would also be of advantage in that the view down Maryland avenue
from the Capitol will be less obstructed. The citizens claim that the
grades authorized by existing legislation were assumed SO as to allow
the railroad to get readily into the Mall.
The Commissioners do not recommend the change for the reason that
Sixth street is a through street from Pennsylvania avenue south to the
wharves and will probably become an important thoroughfare, while
Ninth street is a short street, not passing through the Mall. The
arrangement proposed by existing legislation takes Seventh street
under the railroad, and while the cut will be greater than the fill sug-
gested by the citizens of South Washington, the dip would be about
the same as the rise on a bridge, as there is a slight elevation at pres-
ent at Seventh street and Virginia avenue. The damage to property
in that vicinity is estimated, in the report on existing legislation, as
not great.
The citizens who claim to be affected most disadvantageously by
the proposed legislation are those living in and around. Eckington.
This suburb has the railroad to the east and south and a hill to the west,
over which the streets are not yet improved, and even when improved
will have heavy grades. Communication with the city is only to be
had along R street, between Second and Eckington place. This
short piece of street has double car tracks with curves at Eckington
place and Second street, making it rather difficult passing. Existing
legislation provides for the final opening of Third street, but the pres-
ent bill closes this street. The widening of Eckington place will help
the matter somewhat, but the exit will still be inconvenient, and S
and T streets should be opened and improved as soon as possible.
The Eckington Citizens' Association has expressed itself as interested
in the project, and while it states that the proposed legislation will dam-
age property in Eckington, it only asks for the following concessions:
First. That the roundhouse and shops be located east of Seventh
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street. This is provided for in the plan submitted by the railroad
companies.
Second. That the freight station be kept south of Q street, and fail-
ing that, south of Quincy street. The former restriction does not
seem practicable, as the station covers most of Q street east of Eck-
ington place. The railroad plans do not indicate at present any exten-
sion north of Quincy street, but it is explained that the railroad may
wish to extend over the whole space to the south side of R street within
a short time.
The south side of R street between Third and Second streets is
almost entirely built up with substantial houses; the north side of R is
as yet unimproved. The north side of Quincy street, on the part
opened, is built up with brick dwellings; the south side is unimproved.
Owing to the shut-in condition of Eckington it would be desirable,
unless the railroad company has absolute need of this land for freight
facilities in the near future, to require Quincy street to be kept open
and continued to Eckington place.
Third. That there should be a stone wall 7 or 8 feet high built
between Eckington and the freight yards and tracks as far north as T
street. This is simply a question of expense. This fence would cost
$12 per foot, or a total cost of $28,000. If the railroad extends its
freight yard to the south side of R street such a fence should undoubt-
edly be built for the protection of dwellers on the north side of R
street.
COST.
The cost will approximate as follows:
The bill provides that the Baltimore and Potomac Railroad shall
receive $1,500,000. This is approximately the assumed value of the
property on the Mall occupied by the railroad under existing legisla-
tion and is intended to repay the company for its relinquishment. As
the Mall is to become United States property this cost is, according to
the bill, to be borne by the United States.
Existing legislation requires the Baltimore and Ohio Railroad to be
paid the sum of $1,500,000. As the final figures of the cost of the
changes required by this bill have not yet been received, it is not
possible to make exact comparisons. It is probable that the cost will
be less than by existing legislation, due to the Baltimore and Potomac
sharing many of the expenses and to less length and height of viaduct.
Besides, the Baltimore and Ohio will have a southern connection,
which is very valuable. On the other hand, the cost of operation as
to terminal facilities, and more especially the change of location of
the freight depot, will be a continuous source of expense to the
railroad.
The railroad companies are required to construct the street cross-
ings of existing streets within the right of way, the streets thereafter,
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including viaducts carrying the streets, to be cared for as other streets
and bridges in the District.
In cases of streets not yet opened the bill directs that the railroad
companies shall pay half the cost. This is the usual method in such
cases.
The money to be expended by the Government in making the
changes is as follows:
The estimated cost in South Washington, according to existing legis-
lation, was $250,000. This amount will be reduced to about $170,000,
on account of work around the Mall which will not be necessary, $50,000
of which is due to damages on account of change of grade.
North of the Capitol the cost is estimated as follows:
233,943 cubic yards grading (cut to be used in fill), at 40 cents
$93,577.20
547,283 cubic yards grading (barrow to be used in fill), at 15 cents
82,092.15
25,580 linear feet curb reset, at 30 cents
7,674.00
7,500 linear feet new curb set, at $1.10
8,250.00
77,803 square yards asphalt (new and relaid), at $2
155,606.00
4,599 square yards granite block relaid, at 75 cents
3,449.25
7,851 square yards macadam relaid, at 20 cents
1,570.20
7,610 square yards gravel relaid, at 25 cents
1,902.50
49,158 square yards sidewalk to be laid, at $1
49,158.00
403,279.30
Changes in sewers and water pipes
25,000.00
428,279.30
Add 15 per cent for contingencies
64,241.89
Total cost of grading and paving
492,521.19
Say $500,000.
The railroad companies agree to supply earth for filling free of cost
on cars at station, thus allowing this great fill to be estimated at 15
cents per cubic yard.
The asphalt pavements that are to be relaid are generally quite old,
and the ones that will replace them will be a betterment to this extent.
While difficult to estimate the value of this betterment, it can safely
be placed at not less than $20,000.
Of the above total of $500,000 the following are directly attributable
to change of grade of streets, due to elimination of grade crossings
from H street, inclusive, northward:
233,943 cubic yards grading (cut to be used in fill), at 40 cents
$93,577.00
9,789 square yards grading in fill, at 15 cents
1,468.35
11,020 linear feet curb reset, at 30 cents
3,306.00
2,040 linear feet new curb, at $1.10
2,244.00
15,248 square yards asphalt, at $2
30,496.00
3,668 square yards gravel relaid, at 25 cents
916.75
7,851 square yards macadam relaid, at 20 cents
1,570.20
19,103 squaré yards sidewalk to be laid, at $1
19,103.00
152,681.30
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Changes in sewers and water pipes
$25,000.00
177,681.30
Add 15 per cent for contingencies
26,652.19
Total
204,333.49
Say $200,000.
The balance of the total of $500,000, or $300,000, is directly con-
nected with the grading and paving of the plaza and streets leading
thereto, itemized as follows:
537,494 cubic yards grading in fill, at 15 cents
$80,624.10
14,560 linear feet curb reset, at 30 cents
4,368.00
5,460 linear feet new curb, at $1.10
6,000.00
62,555 square yards asphalt (new and relaid), at $2
125,110.00
4,599 square yards granite block relaid, at 75 cents
3,449.25
3,943 square yards gravel relaid, at 25 cents
985.75
30,055 square yards sidewalk (new and relaid), at $1
30,055.00
250,598.10
Add 15 per cent for contingencies
37,589.70
Total
288,187.80
The real estate to be purchased can not be valued until further figures
are obtained from the railroad. The president of the Baltimore and
Ohio has promised that such land required as is owned by the railroad
will be given at cost price. A preliminary estimate is made of
$500,000.
A map showing all property affected is submitted. The value of
most of the unimproved property will probably be enhanced. While
the work is going on around the plaza, and until the roads are paved,
much of the improved property will be difficult of access. It will also
be left below grade. In many cases it will be possible to raise the
houses, but there will be considerable damage to private owners. It
is impossible to estimate, even with reasonable accuracy, the amount
of these damages. As far as can be estimated it will be at least
$500,000.
A summary of the preliminary estimated cost is as follows:
To be paid by the United States, $1,500,000, to the Baltimore and
Potomac Railroad for evacuation of the Mall.
To be paid half by the District and half by the United States:
$1,500,000 to the Baltimore and Ohio Railroad as per act of February
12, 1901; $620,000, cost of grading and paving; $500,000, real estate
to be purchased; $550,000, damage to property.
All of this will not be paid out at once. The sums to go to the
railroad companies will be paid only when the work is completed, and
the remainder only as the work is done.
S. Doc. 220-15
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CONCLUSION.
Taking all questions into consideration, the Commissioners are of
the opinion that the proposed arrangement is for the best interests
of the District. The change is a great one and intended to be perma-
nent. All grade crossings within the city limits and on all new con-
struction are abolished. A union station is built, monumental in
character, and in keeping with the plans for beautifying the District.
The location, while not as simple from an engineering point of view
as the one on C street, has the great advantage of keeping Massachu-
setts avenue open, of locating the station where it will appear to the
best advantage, and of being reached by direct line and wide streets
from any part of the city. The cost to the District will be greater
than the first-named location, but it is thought it will in the end be
more satisfactory.
Provision should be made for the street cars to come to the station.
The companies have submitted plans for this, but such can hardly be
considered as final. As the tracks can not be put in until the grading
is completed, there is no need of immediate legislation, but it may be
advisable to authorize the Commissioners to make proper provision
for the street-car companies to connect with the plaza.
The Commissioners return the bill with certain amendments inserted,
most of which are minor and have practically all been agreed to by the
railroad companies.
The following maps are submitted herewith:
A. Map showing existing and proposed terminal systems within the
District.
B. Map showing public space vacated for railroad uses in the north-
east section.
C. Map showing changes in street grades and property affected
thereby.
Very respectfully, yours,
HENRY B. F. MACFARLAND,
President of the Board of Commissioners
of the District of Columbia.
Hon. JAMES McMILLAN,
Chairman Committee on the District of Columbia, Senate.
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SUPPLEMENTARY REPORT OF THE COMMISSIONERS OF
THE DISTRICT OF COLUMBIA RELATIVE TO A UNION
RAILWAY STATION.
OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, April 16, 1902.
SENATOR: The Commissioners have the honor to submit the follow-
ing supplemental report to their report of March 27 last on Senate
bill 2481, Fifty-seventh Congress, first session, relative to the aboli-
tion of grade crossings in the city. This report has been delayed on
account of not receiving from the railroad companies a statement of
the cost of the proposed work and of the value of some of the land
owned by the Baltimore and Ohio Company which it will be necessary
to acquire under the bill and which the president of the company
stated would be sold to the District for street purposes at cost price.
The estimated cost of the work to the railroad companies under this
bill has been stated by them to be as follows:
The parts of the structure to be used by the roads in common are
estimated to be equally shared, while the parts used solely by one rail-
road are separated.
The cost to the Baltimore and Potomac under the present bill is
estimated at $5,764,800. In addition, they will be required to spend,
in accordance with existing legislation, $1,464,753. This makes a
total of $7,239,553, an additional expenditure of $3,584,340 over what,
under existing legislation, the railroad would be required to expend.
The present bill requires the Baltimore and Ohio to make an esti-
mated expenditure of $5,883,550. Existing legislation requires an
estimated expenditure of $5,599,408, leaving an excess under the pres-
ent bill of $284,142.
In the reports of the Commissioners on the acts abolishing grade
crossings, passed in 1901, in the discussion as to the cost, a dis-
tinction was made as to what was considered in the light of better-
ments and the work due to the abolition of grade crossings. The
former was supposed to be paid entirely by the railroad companies
and the other to be shared with the District of Columbia and the
United States. In that way the sum to be paid the Baltimore and
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Ohio ($1,500,000) was approximated. It is difficult, if not impossible,
under the present bill to make these distinctions, as the line between
betterments and necessary changes is hard to determine, and in con-
structions used by both companies it might seem betterments to one
and changes necessary to the abolition of grade crossings to the other.
Moreover, the railroads claim that the present bill gives them no bet-
terments. In the case of the Baltimore and Ohio the claim is made
that the greater part of their business is freight and that the proposed
location of their freight depot is greatly to their disadvantage. They,
of course, obtain the advantage of a southern connection, for which,
however, they pay half the cost of the tunnel.
The most practical way to discuss the division of cost would seem to
be to take the total cost to the railroads of the work which they have
to do and the total cost to the District and the United States conse-
quent upon these changes.
The details of the figures submitted by the companies are on file in
the office of the Commissioners. These estimates are liberal and higher
than those made for similar work in 1901. The reasons given for the
change are increased cost of doing the work, due to advance in prices
and uncertainty of the character of the excavations, which will have to
be carried to greater depths.
In the case of the Baltimore and Potomac the extra estimated cost
is nearly $3,600,000, and the bill provides that the company is to
receive from the United States $1,500,000 for vacating the Mall.
In the case of the Baltimore and Ohio the total estimated cost is
$250,000, or $300,000 greater than that of last year. This is due to
sharing the cost of the tunnel, estimated at $824,525. Outside of the
tunnel the cost is less on account of the lessened length of viaduct and
because a part of the expense is to be shared by the Baltimore and
Potomac.
The cost to the United States and the District of Columbia is esti-
mated as follows:
To be paid by the United States to the Baltimore and Potomac for vacat-
ing the Mall
$1,500,000
To be shared by the United States and the District, to be paid the Balti-
more and Ohio under existing legislation
1,500,000
Cost of grading and paving
500,000
Cost of real estate to be purchased
500,000
Damages to property due to change of grade
600,000
The last item is, of course, very uncertain, as it is very difficult to
estimate accurately what damages will be given by the courts. In
addition to the above, existing legislation requires—
An expenditure in South Washington, estimated in previous reports as
$120,000
For grading and paving and for damages to property
50,000
170,000
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This is $80,000 less than what is estimated in this section under
existing legislation, as work in connection with the main tracks leading
into the Mall will not be necessary.
The total cost of the changes is estimated as follows:
Work done by the railroad companies
$13,073,103
Work done by the District, with damages to the property
1,770,000
Making a total of
14,843,103
This would be apportioned as follows:
Railroad companies
$10,073,103
United States and District of Columbia
4,770,000
(Of which the District pays $1,635,000.)
While the figures presented by the railroad companies are liberal, it
is considered that they will spend at least the amounts named, as the
estimate is $4,000,000 for a union station and foundations, and it is
probable that the actual cost will exceed this.
In the discussion of the public space in the way of closed streets
granted the railroads, it is difficult to make a distinction between that
allowed the Baltimore and Ohio and that allowed the Baltimore and
Potomac, as they will occupy so much of it in common. In general,
it may be said that the Baltimore and Ohio receives less public land in
the way of streets closed under the present bill than it does under
existing legislation, while the Baltimore and Potomac receives more,
leaving out the evacuation of the Mall, which is separately considered.
The total amount of streets closed is somewhat greater under the
bill than under existing legislation. This increased occupation is,
however, mostly in the way of a further closing of streets already
closed, and as in all cases the abutting property on the closed streets
will have to be bought by the railroad, and as free communication
is to be maintained, there will be little damage to the public, and the
expense of keeping up the streets will be saved. Many of the streets
to be evacuated by the companies are, on the contrary, quite impor-
tant, being long lengths of streets, such as First street NE. and the
right of way of the Baltimore and Ohio between Delaware avenue and
Winthrop Heights. It is therefore considered that, as far as land is
concerned, the equities have been maintained.
The abolition of grade crossings in the District of Columbia has
been agitated for a number of years, and it was only last year that acts
were passed providing for the work. These acts are presumed to
have preserved the equities between the United States and the Dis-
trict on the one hand and the railroads on the other.
The changes directed in the present bill are mainly the vacation of
the Mall and the building of a large union station north of Massachu-
setts avenue. It is considered that the vacation of the Mall is worth
to the United States the million and a half asked for it, and the Balti-
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more and Potomac spends nearly $4,000,000 additional. The cost of
the work done by the Baltimore and Ohio, according to the present
bill, does not greatly exceed that directed by existing legislation, and
if the southern connection is left out it is less than that. On the other
hand, the railroad company does not seek this change, and claims that
it will be at a considerable disadvantage in handling its freight busi-
ness, and also at a considerable increased expense in handling the
passenger business, due to the extra terminal charges.
The District of Columbia pays for these changes a sum which should
not exceed $2,000,000 and which will probably be considerably less.
The Commissioners are of the opinion that it is for the best interests
of the District that this bill should become a law.
Very respectfully yours,
HENRY B. F. MACFARLAND,
JOHN W. Ross,
JOHN BIDDLE,
Commissioners of the District of Columbia.
Hon. JAMES McMiLLAN,
Chairman Committee on the District of Columbia, Senate.
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HEARING AS TO PROPOSED TUNNEL UNDER CAPITOL
HILL.
SENATE COMMITTEE ON DISTRICT OF COLUMBIA,
Washington, D. C., March 18, 1902.
Present: Senators McMillan (chairman), Hansbrough, Dillingham,
Wellington, Heitfeld, Martin, Clark, of Montana, Foster, of Washing-
ton, and Foster, of Louisiana.
The CHAIRMAN. The purpose of the present meeting of the com-
mittee is to ascertain whether or not this proposed tunnel would in
any way affect the Library building, 80 I have asked the engineer
officer of the District, Colonel Biddle, and Mr. Brown, the chief
engineer of the Pennsylvania Railroad, and Mr. Green, who built the
Library building and knows all about it, and who is in charge of it
now, to be present to-day and answer any questions that the commit-
tee would like to ask them concerning the tunnel.
Mr. Brown will give us some facts in relation to it that may be of
interest. As I understand, this tunnel is to be from 50 to 60 feet
below the surface of the ground, and the character of the ground is
such as to render it impossible for any vibration to take place.
Senator FOSTER, of Washington. I would like to inquire if they
have made their borings, and what the material is?
Mr. BROWN. We have not made any borings at all.
Senator FOSTER, of Washington. There is rock all around there, is
there not?
Mr. BROWN. We have always been expecting to strike rock there.
Senator CLARK. How deep did they dig in making the excavation
for the Library?
Mr. BROWN. I do not know as to that.
The CHAIRMAN. Mr. Green will tell us all about the Library.
Senator MARTIN. Mr. Chairman, 1 think we had better ask Mr.
Green to make his statement first.
STATEMENT OF BERNARD R. GREEN.
Senator CLARK. I would like to ask if in the excavation for the
Library building they went below the natural surface.
Mr. GREEN. The depth below the surface of the ground would of
course be a little greater than below the grade of the street just in
front; that is somewhat lower. Perhaps that is what you would like
to know-how far the foundation of the Library is below the grade of
the street. It is not more than 9 feet.
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Senator CLARK. What did they have for a base there, sand or rock?
Senator FOSTER, of Washington. It was concrete.
Mr. GREEN. It was a natural bed foundation; it is a sandy clay and
very uniform, with certain alluvium, but no rock.
Senator CLARK. Have you ever had any boring done, or do you
know of any borings having been made to determine the underlying
formation between the Capitol building and the Library building?
Mr. GREEN. No, sir; we never made any. The character of the
ground developed by the foundation of this building at the time and
also of that one (these were deeper than those) indicates that there
must be a considerable depth of alluvium and that the rock must be a
considerable distance down. I should judge it would not be found
under 30 or 40 feet, and I believe it will be found, if examinations
are made, to come a way below the proposed tunnel grade or railroad
grade. This is an alluvium hill on which these buildings stand.
Senator CLARK. But there was no alluvium or rock exposed any-
where that would enable you to form a conclusion of that kind?
Mr. GREEN. None that I have ever heard of, and I am pretty famil-
iar with the hill. The District engineer can probably give you a better
opinion on that subject because he made the excavations for sewers
and other underground work all about the hill.
The CHAIRMAN. There is a big sewer that runs up in front of the
Capitol here?
Senator HEITFELD. That is west?
Mr. GREEN. Yes. Now this much may be said, that no rock appears
about the hill anywhere near its base. I believe the Engineer Com-
missioner will corroborate that, and that all along Pennsylvania avenue,
which is the lowest part of the city, the rock is known to be not less
than 30 or 40 feet deep, and probably 60 feet in many places; where
the foundations of the Post-Office Building are, near Twelfth street,
for instance.
Senator HEITFELD. That would be on the river bottom, virtually.
That may not be the condition on the hill.
Mr. GREEN. Yes, sir; that appears to be the condition all around,
and we know the existing condition of the Pennsylvania avenue tunnel
above the navy-yard. There is quite an excavation through that
portion of the hill. I do not think there is any rock there at all.
Senator MARTIN. You have given consideration to this special sub-
ject, have you not, as to this tunnel and what its effect would be upon
the Library building?
Mr. GREEN. Yes, sir; I have.
Senator MARTIN. Are you satisfied that it would have no injurious
effects, or what is your conclusion as to that? We would be glad to
have your views in full.
NO DANGER TO THE LIBRARY.
Mr. GREEN. My view is that putting this two-track tunnel through
the hill at the proposed depth, which I understand is about 56 feet to
the bottom of the tunnel below the present surface of the ground, and
running trains through it, would not endanger the Library building
or its approaches at all, and especially if in boring the tunnel, or
in building it, the proper precautions were taken for guarding against
the settlement of the earth overhead as the work progresses, which
precautions are entirely within the power and resources of the engi-
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neers and contractors to exercise. I think there would be no settle-
ment and no injury, therefore, to the Library foundations.
Senator CLARK. Suppose, in excavating that tunnel, there should be
any mistake made about protecting or supporting it and a cave should
take place there, is the nature of that ground such as it would cause
a run of the earth to go down and injure the foundation!
Mr. GREEN. No sir; the angle on which a sliding would occur in
that ground would be very steep. The ground is quite firm and there
is no difficulty in making an excavation of ten or even fifteen feet on
a vertical cut without sliding.
Senator CLARK. You do not know whether this clay on which the
foundation of the Library building was constructed extends to any
very great depth, do you!
Mr. GREEN. Well, there may be a bluish clay farther down; we do
not know about that, but there is no reason to apprehend that the
character of the clay, or of the alluvium, whatever it is, is different
in that respect from that on the surface; that is, it would stand at a very
steep slope.
Senator CLARK. Are there any gravel or pebbles mixed at the depth
of 5 feet that you found!
Mr. GREEN. No, sir; for 2 or 3 feet we find sometimes a stratum of
that kind mixed with the clay. If there was any height or considerable
depth of a stratum of that kind the sliding might be on a flatter slope,
of course, but it is not probable that this stratum would be of any great
thickness, not more than a very few feet. So that the angle of a sink-
age-even a sinkage all over a tunnel-caused by the excavations you
refer to would spread but slightly on the surface.
Senator CLARK. Are there any deposits of quicksand in this hill
that you know of?
Mr. GREEN. I do not know of any.
Senator CLARK. Is there any sand at all, or homogeneous bodies of
sand?
Mr. GREEN. They are likely to be scattered through the clayey
strata, but not continuing clear through the hill, I think. That is, the
indications in the ground are of that general character everywhere.
Senator HANSBROUGH. How far below the bottom of the Library
foundation would the bottom of this tunnel be?
Mr. GREEN. It would be about 47 feet. It is projected to be 56
feet below the street, and the foundation of the Library is about 9 feet
below the street-the bottom of the footings.
NO VIBRATIONS.
The CHAIRMAN. You do not think that in a tunnel of that depth the
running of fast trains on a level would make any vibrations that would
be noticed in the Library!
Mr. GREEN. I should not expect it; no, sir.
The CHAIRMAN. I understand that in this present tunnel, on Vir-
ginia avenue, there is no vibration at all.
Mr. GREEN. So I am informed.
The CHAIRMAN. The Engineer Commissioner of the District has been
over there and he says there is no vibration at all. How deep is that
Virginia avenue tunnel!
Mr. BROWN. About 40 feet.
The CHAIRMAN. All the freight trains and passenger trains go
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through that tunnel and yet there is no vibration, and this proposed
tunnel is intended for nothing but passenger trains, and on the level.
There is a very heavy grade there.
Mr. GREEN. There is another consideration of importance in con-
nection with the vibrations-that the ground on which the Library
stands is not exceedingly loaded by the Library. Vibrations can only
disturb the stability of a structure standing on such a foundation seri-
ously when the load per unit of bearing surface is great. For instance,
a feather lying on the ground would not be disturbed, and so, logically,
in increasing that load within a safe margin of stability, such as we
have over there, it would take a very considerable vibration, I think,
to disturb the stability of the building on its present foundations.
RIFTS OF ROCK NOT DANGEROUS.
Senator CLARK. If it should be discovered that there are rifts of
rock running through the ground here, and this tunnel should pene-
trate them, and trains run over these rocks in passing, that would cause
a vibration, would it not?
Mr. GREEN. I think it would not.
Senator CLARK. Do you know what distance from the limit, say the
upper limit of the rock, vibration will be communicated to the super-
imposed formation-whether it is sand or clay-probably one or the
other!
Mr. GREEN. The amount of vibration communicated would, of
course, depend upon the severity of the vibration and its amplitude.
A very heavy vibration in the rock would, of course, send the results
through a much thicker covering of earth than if it were lighter, but
it would seem to me that passenger trains running through a tunnel
as far from the building as has been stated would hardly be noticeable
on the surface or in the Library.
Senator CLARK. This tunnel is projected to run under the street, is
it not?
Mr. GREEN. Right under the middle of the street, as I understand
from the drawings.
Senator CLARK. How far is the Library from the eastern limit of
the street-how far is it set back?
Mr. GREEN. It is about 100 feet back from the eastern side of the
street. The tunnel is proposed to run under the center of the street,
so there would be 150 feet from the center of the tunnel to the Library
walls.
Senator HEITFELD. How wide will the tunnel bel
Mr. GREEN. Twenty-eight feet, the engineer says.
Senator HEITFELD. He says the street is probably 50 feet.
Mr. GREEN. That is the paved portion.
Senator HEITFELD. I mean the paved portion.
Mr. BIDDLE. That would include the parking.
Senator MARTIN. The center of the tunnel is the center of the street!
Mr. GREEN. Yes, sir.
Senator MARTIN. And it is 28 feet wide!
Mr. GREEN. Yes, sir.
Senator MARTIN. So that 14 feet of tunnel will extend from the cen-
ter of the street in the direction of the Library?
Mr. GREEN. Yes, sir; about 14 feet would be to the inner wall of
the tunnel, and there would then be 3 or 4 feet more to the outside of
the excavation.
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WIDTH OF FIRST STREET.
Mr. BIDDLE. The street is 110 feet wide.
Senator MARTIN. How many feet is it from the eastern limit of the
tunnel to the foundation of the Library building!
Mr. BIDDLE. It would be about 45 feet from the outside of the tun-
nel to the street line, but Mr. Green says there would be 100 feet more,
which would make it 145 feet.
Senator MARTIN. So it is 145 feet from the outside to the founda-
tion?
Mr. GREEN. No, sir; it would be a little less. It is 150 feet between
the center and the wall, and if you then subtract the half width of the
tunnel it would be about 133 feet.
Senator MARTIN. It would be about 133 feet from the eastern end
of the tunnel to the Library building proper?
Mr. GREEN. Yes, sir. Of course, there are approaches that extend
out to the street.
Senator MARTIN. I understand that your professional conclusion is
that there would be no danger of vibration to the Library foundations.
Mr. GREEN. Yes, sir. That is my conviction, especially if the
proper precautions are taken.
Senator MARTIN. Of course, I am assuming that all proper precau-
tions shall be taken, as are required.
Mr. GREEN. Of course, in boring such a tunnel in such a place the
contractors would naturally be expected to use very much more pre-
caution than they would in excavating through a mountain out in the
woods where vibrations would be of no consequence.
NO DOUBT AS TO SAFETY.
Senator MARTIN. Are you entirely conclusive in your mind about
that? Is there any doubt about it?
Mr. GREEN. None, whatever.
Senator MARTIN. Because we would not be justified in taking any
risk if there is any doubt about it.
Mr. GREEN. I am quite sure that the cutting of the tunnel through
under the front of the Library building, with proper precautions,
especially at the approaches, which is comparatively a short distance,
there would not be any danger whatever.
The CHAIRMAN. We propose to put that matter under your super-
vision to some extent, so that you will see that everything of that kind
is done.
Mr. GREEN. Conditions could very well be imposed upon the rail-
road company, or whoever is to construct the tunnel, that the proper
precautions should be observed.
Senator CLARK. If you were acquainted with that ground below the
depth of 9 feet-which I believe is where your excavation extends—
and you should find that there were rifts of rock running through
there, might that not change your opinion as to the possibility of
danger?
Mr. GREEN. No, sir; in fact, I think that would be an advantage if
they were cutting through solid rock and using light blasts. They
would not use heavy blasts to blow out large pieces to get through in
a hurry. They would use lighter ones and bore the tunnel through
the rock with greater security.
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Senator CLARK. Are you familiar with the conditions in Baltimore
where a tunnel has been driven through one portion of the city?
Mr. GREEN. Yes, sir.
Senator CLARK. We have a report here that some of the buildings
in Baltimore were damaged by reason of vibration or settlement.
Mr. GREEN. Those settlements occurred in a few places because of
the treacherous character of the ground through which they had to go.
They found quicksand through there, and other bad material in places.
And then I do not know that they took the utmost precautions in con-
structing the tunnel. The contractors, I think, took the chances and
thought it probably cheaper to get through the tunnel a little faster
and pay the damages.
Senator CLARK. Was that tunnel lined with rock!
Mr. GREEN. It was lined with brick.
Senator CLARK. Did this damage occur after it was lined with brick,
or before!
Mr. GREEN. I understand that it was during the process of con-
struction; at the time of the boring. That is when it is most likely
to occur. If the lining in the tunnel is carefully laid, and the back
filling is very carefully done as they go along, there ought to be no
disturbance after that.
Senator CLARK. Is it not possible that they might encounter, in
driving the tunnel, beds of quicksand!
Mr. GREEN. That may be.
Senator CLARK. In that case might there not be some possibility of
danger!
Mr. GREEN. Well, if the ground proves to be so bad as that the
danger, I am sure, could not extend farther back than just to the
front of the approaches, along the street, where their foundation is. It
would not disturb the building itself, and if it should injure that, they
could repair it; but it would not injure the building itself.
Senator CLARK. Is not quicksand sometimes very uncertain; when
it begins to run will it not run a considerable distance away from the
place of operation
HANDLING QUICKSANDS.
Mr. GREEN. Oh, yes, sir; but the means of cutting tunnels nowa-
days and apparatus for the handling of material and guarding against
those difficulties are very much increased. The resources of engi-
neers and contractors for that kind of work have been very greatly
increased during the last half dozen years. A few years ago it was a
very difficult operation, and never entirely satisfactorily accomplished.
The tunnel under the East River at New York was only constructed
a few hundred feet and then abandoned. At the present time there
would be no difficulty in putting a tunnel through there without
interruption.
Senator CLARK. Do you know why the tunnel has been projected so
near the Library building! However, I suppose the engineers of the
Pennsylvania Company could give us information as to that.
Mr. GREEN. They would know better about that.
Senator CLARK. I will withdraw that question, then, and ask the engi-
neer of the Pennsylvania Company.
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STATEMENT OF WILLIAM H. BROWN, CHIEF ENGINEER OF THE
PENNSYLVANIA RAILROAD COMPANY.
Senator WELLINGTON. I would like to ask a question or two, from
the fact that this matter has been brought to our attention very forci-
bly. In the first place, as to the trouble with the Pennsylvania tunnel
at Baltimore, and, secondly, the trouble with the construction of the
Baltimore Belt Line. I know something about that myself, and that
has given me some trouble concerning this matter.
When the Baltimore and Ohio Railroad Company constructed its
Belt tunnel in Baltimore city, they ran up Howard street a part of the
way, and when they got up Howard street to the City College-a
building of some dimensions, of course, but not in any wise as large as
this; I should say not one-twentieth as heavy or as great as the
Library building here. When they got that far there was a cave in,
and it extended from the tunnel, which was run, I think, in the mid-
dle of the street out beyond the pavements some distance until it
reached this building, when it completely demolished it, as it were.
Now, that gives to me the idea that we ought to be very careful in the
construction of this tunnel. It may be that it can be constructed with-
out danger, as Mr. Green suggests, but what I would like to know is
whether Mr. Brown thinks there would be any danger of encounter-
ing the difficulties that were encountered in the building of the Balti-
more and Ohio Belt Line tunnel there.
Mr. BROWN. I do not think so. The tunnel that Mr. Green refers
to in Baltimore, that had the cave in last winter, was built in a 50-foot
street, to begin with, and it was built a good many years ago, when they
did not know as much about tunnels as they do now; and to tell you
the honest truth, it was a pretty bad job of contracting at the time.
It was not properly backed and filled; the arch was not made heavy
enough and there were two houses along there that were damaged some-
what that we had to buy that were pretty badly damaged. But we
have a tunnel in Philadelphia on Thirty-second street, where the trains
go through between Thirty-second street and Walnut up to Market,
and it is built in a 50-foot street and through the rock. We have not
had any complaint there of any kind whatever. The Drexel people
came there and built a great big building right in front of our center
line in the tunnel.
Senator HEITFELD. That is, they built it after the tunnel was con-
structed?
Mr. BROWN. Yes, sir; and they appeared to be satisfied because
they put an addition to it, and we never heard any complaint about it
whatever.
Senator WELLINGTON. The great danger would be that this building
isalready on the ground, and the matter of running the tunnel through-
taking the same supposition that Senator Clark suggested a moment
ago-if there should be a recurrence of the same trouble that they had
in Baltimore, when they ran the tunnel up Howard street, when they
struck a quicksand-would there be any danger, in your opinion, to
the Library?
Mr. BROWN. I do not think so, because they would have to take the
necessary precautions to shore that up.
Senator WELLINGTON. Would it not be necessary then, instead of
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building an arch, to have a cube, as it were, as they were forced to
build there?
Mr. BROWN. They would have to put a protection behind the arch,
so as to keep the thing clear until they could build the arch. We had
our grade made low enough under First street to get under the sewer
and street-car tracks and conduits, and such things as we found there,
80 that we would not interfere with those constructions in any way,
and we had to make the contractors give heavy bond that they would
not disturb the condition, and it would be to their own interest, any-
way, to do this thing in the proper way. The first thing to come down
on him would be the sewer-if there are sewers there, and there are
sewers in that street, I understand.
Senator WELLINGTON. I understand that there are.
Mr. BROWN. And pipe of any kind. I do not think they would
ever know that there was a train under there after it was built.
Senator WELLINGTON. I do not see as much trouble after the build-
ing of it as during the time of the building of it, because I believe
that those very things that have occurred concerning the cave-in of
the tunnel at Baltimore would make the companies hereafter very
much more careful in the construction of future tunnels.
Mr. BROWN. They build tunnels very differently now from what
they did in those days. We are arranging to-day to build two tunnels
under New York City 40 feet underground, right across Manhattan
Island from East River to North River, under a 60-foot street. This
street is 110 feet wide.
Senator WELLINGTON. How near will this tunnel approach to the
Library building!
Mr. BROWN. The center of it is 150 feet from the nearest portion of
the Library-from the center of the tunnel.
Senator WELLINGTON. I thought the distance was much less than
that.
Mr. BROWN. No, sir; it is 150 feet from the nearest part of it.
Senator CLARK. How deep is that tunnel that you speak of in Phil-
adelphia below the surface of the ground?
Mr. BROWN. It is so close to the surface that it is unnecessarily
cramped for head room. It is not over, certainly, 21 or 22 feet from
the bottom.
Senator CLARK. It was an open excavation to begin with?
Mr. BROWN. Yes, sir; an open excavation and the tunnel was arched
in and built up again.
The CHAIRMAN. The tunnel that they are building in New York
under this new law authorizing the commission to go under the streets,
comes right close to the post-office building. There is an application now
before the Committee of Commerce, of which I am a member. They
want to come right close to the post-office building and go 30 feet
down and strike the corner of the building because they want to handle
all the post-office matter, so that they would not be nearer than they
would otherwise care to go. They do not think there would be any
trouble there. The question came up there whether the vibration
would affect the courts, and the information to the War Department
seemed to be that it would not.
Senator CLARK. Have you had considerable experience in this city
with regard to making excavations of tunnels; and have you studied
the geological formations here?
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Mr. BROWN. I have not been engaged in very deep foundations. I
have done some work along the railroad and made very deep founda-
tions and there is no rock along there that I know of.
Senator CLARK. This road that we pass over in going to Baltimore,
how deep is that below the surface of the streets?
Mr. BROWN. I suppose the deepest place is about 40 feet, but in the
center of the street it is not more than 30 feet.
Senator CLARK. Would you encounter any solid rock there?
Mr. BROWN. That I do not know. I do not think so because there
is no rock along the road that would show. In fact there is no rock
on this road for several miles away from Washington.
Senator CLARK. I will ask you if it is necessary in order to cheapen
the construction of this tunnel or to get the proper grades, to build it
so close to the Library building; can you not just as well build it
through the park, several hundred feet away?
Mr. BROWN. Well, when this station was located on street we had
a line run through the Capitol park about 50 feet inside of the street line,
but when they moved the station up to Massachusetts avenue it was
necessary to get our line farther up to accommodate the tracks.
Senator CLARK. Could you not run diagonally, beginning farther
west to the entrance of the grounds and run diagonally through so as
to get farther away from the Library building.
Mr. BROWN. That would make a crooked or curved tunnel. As it
is now the tunnel would be almost straight; it will be straight from
the passenger station to B street SE., and then there will be a slight
curve around. But the other would make it crooked or curved right
at the station.
Senator CLARK. Would it make any difference in getting your
approaches to the tunnel as respects the right of way and matters of
that kind?
Mr. BROWN. It would make a good bit of difference in the matter of
right of way because we would have to purchase property for the tun-
nel. That is about all the difference it would make. Of course it
could be as easily built at one place as the other.
Senator CLARK. You are familiar with railway building and the
construction of tunnels, I suppose; you have had a great deal of
experience in that?
Mr. BROWN. Yes, sir.
WORKING QUICKSAND.
Senator CLARK. What is your opinion-I believe you answered in
the question asked you by Senator Wellington-as to whether or not,
in case quicksand should be encountered, it would be dangerous? If
you answered that question before, you need not answer it now.
Mr. BROWN. Well, there are two ways of working where there is
quicksand. In the first place, you should put a tight bulkhead in
to hold it back. Now, they have a process of freezing with some kind
of chemical, as was done at a place out in Missouri. There was a very
bad place there-a sink; I think it went down 90 feet. That same
party is now before us in New York endeavoring to get his plan
adopted for the North River tunnel. We have seen enough of his
method, and also of other people's methods, to know that we can put a
tunnel under the North River, which is all like mud; it is 80 light that
it won't bear the weight of a train. We have to support the tunnel
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after we get it built through its bottom in the North River. There
would be no trouble in handling quicksand in a hill like this. We
have had a good deal of quicksand in tunnels, but we have always
managed it.
Senator CLARK. What would be the result if you should encounter
rifts of rock running through there at a depth above the tunnel that
would project above the tunnel, so far as vibration is concerned?
Mr. BROWN. We would take the bottom of the tunnel down below the
subgrade, so that the tracks would lie on the same kind of substrata over
the rock as it would over clay. It would depend on the ballast entirely.
We would take out rock enough so as to let us get enough ballast
below the bottom of the tie and the bottom of the tunnel. We always
do that.
Senator CLARK. That would break the vibration, would it-the
material that you would put in there? You would excavate at a suffi-
cient depth to put in a cushion, as it were, to break the vibration?
Mr. BROWN. Yes, sir; that is what it is put there for. Then our
track could be used especially in a tunnel and on bridges, and we
would want it a little more extra than we do outside. It is always
laid with a great deal of care and the joints are fished, so that there
is any amount of them, and they are not laid with both rails on a tie
like some English roads are. Some Western roads are also built that
way-with both joints on a tie where the grade is very light-part two-
tenths and part only one-tenth per mile, and the balance only 10 to
11 feet to the mile.
Senator CLARK. Is it intended to line this tunnel with masonry!
Mr. BROWN. Yes, sir; we put it in to prevent falls.
Senator CLARK. How close can you carry your lining from the
breast of the tunnel when you are building!
Mr. BROWN. How far can we do what?
Senator CLARK. How far can you carry your lining to the breast of
the tunnel. How near to the breast of the tunnel can you carry your
masonry work, in other words?
Mr. BROWN. Do you mean to the end of the tunnel!
Senator CLARK. No; while you are building.
Mr. BROWN. Oh, the way we generally do that is to put a drift
through about where the top of the tunnel is going to come and keep
shoring that up until we come to the side, and then put the wall right
up as soon as they get down to grade. The wall of the tunnel is
generally finished within a very few weeks after the excavation is
finished. It follows right up as close as possible.
Senator HANSBROUGH. Have you made any borings along the line
of this proposed tunnel so as to ascertain the character of the proposed
formation!
Mr. BROWN. No, sir; we have not.
Senator MARTIN. Do you think it is necessary at all to have those
borings?
Mr. BROWN. We would probably do that before we entered into the
contract.
Senator MARTIN. That is not to ascertain the safety of it, but simply
the cost of it, is it not?
Mr. BROWN. That is what we use to ascertain what kind of material
is to go there, so that the contractor can go about his business.
Senator MARTIN. Exactly; but I had supposed you were satisfied
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that you would manage any material met with, and that the boring was
therefore not necessary because of the advances in engineering. You
know that you can handle any material that you may meet with.
Mr. BROWN. Yes, sir.
Senator MARTIN. And the boring is purely to ascertain the cost, and
not the safety ?
Mr. BROWN. We did not want to do too much boring on the line of
this road until we got the line established, because we did not want to
start any trouble among the real-estate owners, etc. Just as soon as
the line is finally established, then, of course, we will have an accurate
survey and make borings and all of those things.
Senator HANSBROUGH. That would be after the bill was a law!
Mr. BROWN. Yes, sir.
Senator HANSBROUGH. If you should discover anything that was
difficult to pass through you would be loath to turn around and go
back!
The CHAIRMAN. There is no difficulty nowadays in that regard.
Senator MARTIN. Sand or anything else that they might meet with
is no barrier now!
The CHAIRMAN. I know that in Detroit they attempted to build a
tunnel under the river and could not control the quicksand, while now
they can accomplish it without any trouble at all under modern
methods, and here there is very little danger of anything of that kind.
Mr. BROWN. I do not think there is any danger. I do not think you
would ever know it was there after it was built. You would not hear
a train go through-even people who were standing right on top of
the tunnel.
Senator CLARK. I want to ask another question, Mr. Brown. Are
you familiar with the construction of the Lake Shore road through
the city of Toledo, in Ohio?
Mr. BROWN. No, sir.
NOT A TUNNEL.
Senator CLARK. Mr. Chairman, the reason I ask that question is
because I see a telegram in the Sun, which reads as follows:
TOLEDO, OHIO, March 16.
The big plant of the Toledo Metal Wheel Company, which employs from 600 to
800 men, stands along the Lake Shore Railway as it runs through the Auburndale
suburb. This afternoon just as a west-bound passenger passed the building the
building collapsed and fell across the track, barely missing the rear coach. Two sec-
onds earlier and every occupant of that coach would have been killed.
The loss will be heavy, and while covered by fire insurance this, it is said, will not
apply. It is supposed by architects that the continual passing of trains caused the
walls to weaken. This, attorneys say, may involve a new question of responsibility.
This is, I take it, something similar to the Baltimore matter that
was suggested.
Mr. BROWN. That was not a tunnel, was it? That was where the
road ran along the street, I think.
Senator CLARK. It does not say that it was a tunnel but the matter
of vibration, however, is involved in it.
Mr. BROWN. Well, the vibration would be considerably greater on
a piece of alluvium ground by a lake shore or river than it would be
on hard clay or rock bottom.
The CHAIRMAN. That is all pretty much made ground there in Toledo,
and there are an enormous number of trains passing by there every
day.
S. Doc. 220-16
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Senator CLARK. There is an immense traffic on it, as there would be
here.
The CHAIRMAN. No; the traffic here is by passenger trains from the
South; the freight would go as it does now. This is contemplated
only for passenger trains.
Senator HEITFELD. Did we not take those large cars off of the Metro-
politan line on F street in this city on account of the vibrations!
The CHAIRMAN. That was because of their going around The Rich-
mond and one or two other places in that vicinity. That relates to the
surface, of course. Some of the houses are built rather cheaply in
that neighborhood, and something fell off of one of the mantelpieces
in one of the houses, I believe!
Senator HEITFELD. They make considerable noise though. I was
informed at the time that the objection was on account of the vibra-
tion that was caused by those cars.
The CHAIRMAN. I understand that in going around the curves there
considerable objection was occasioned.
I think that is all the committee desires to ask you, Mr. Brown.
STATEMENT OF COL. JOHN BIDDLE, ENGINEER COMMISSIONER
OF THE DISTRICT OF COLUMBIA.
The CHAIRMAN. Colonel Biddle, the Engineer Commissioner, is pres-
ent, and will be glad to answer any questions that the committee
desires to ask him.
Senator MARTIN. Colonel Biddle, you have thoroughly investigated
this matter, have you not!
Mr. BIDDLE. I have gone over it somewhat. I asked the superin-
tendent of sewers what he thought about the ground around here.
We have never bored it ourselves, but he has constructed a consider-
able number of sewers in Washington for many years, and he informs
me that he thinks it is all clay down as far as the river; that he has
run, as far as sewers are concerned, from P street, and he never dis-
covered rock south of that. But I do not think it makes the slightest
difference whether it is clay or rock. I do not think it would affect
the Library building at all. I really do not think that the building of
a tunnel of that kind would affect the Library building at all, because
the angle would only be about forty-five degrees, and that would be
about 100 feet
Senator MARTIN. In your professional judgment it would be abso-
lutely safe?
Mr. BIDDLE. Yes, sir; absolutely safe.
Senator MARTIN. And the use of it after it is completed would be
perfectly safe?
Mr. BIDDLE. Yes, sir.
Senator MARTIN. Your opinions are absolute-you have no misgiv-
ings as to the matter?
Mr. BIDDLE. No, sir. The underground railway in New York runs
under the streets of New York, and the Pennsylvania Railroad is right
close to the houses and there were no misgivings, and I do not antici-
pate any danger here.
Senator CLARK. Suppose in building we should encounter hard rock,
rifts of hard rock, one or more we will say, in the blasting operations
there; would there not be severe vibrations
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Mr. BIDDLE. Not if they were small joints. They have been doing
that in New York right in the middle of the strect without affecting
the houses.
Senator CLARK. Were there any rifts of rock there!
Mr. BIDDLE. Yes, sir; along the streets of New York sometimes
there is rock.
Senator CLARK. We have heard a great deal about damage in New
York resulting from blasts in the excavations there that may probably
be due to an unusual and improper storage of powder; it may have
resulted from that.
Mr. BIDDLE. Of course. No one can account for those accidents.
Senator Clark. Might not the same thing occur in the building of
this tunnel?
Mr. BIDDLE. I do not think there is any likelihood of it at all.
Senator CLARK. Can you always throw safeguards around such con-
struction that would prevent accidents of that kind?
Mr. BIDDLE. I think you can.
Senator CLARK. They did not do it in New York.
NO DANGER TO BE APPREHENDED.
Mr. BIDDLE. They were in a great hurry there and were trying to
put the work through as fast as they could. I do not think that a
small accident in a tunnel, that would really blow it out at the top
would do any damage, and that is not likely to occur here.
Senator CLARK. You are familiar with the Library building and the
delicate work there-the frescoing, mosaic work, and marble work,
and all that?
Mr. BIDDLE. Yes, sir.
Senator CLARK. You, of course, appreciate the consequences if there
should be anything that would cause a crack in that fine work; the
enormous damage it would do, and the expense it would involve?
Mr. BIDDLE. I appreciate that, of course, but I do not anticipate any
results of that kind.
The CHAIRMAN. I think that is all we desire to ask these gentlemen.
I simply invited them to be present at the meeting to-day to give us
their views upon this matter, and I think I can say that we are very
glad that they have come. I had, of course, myself heard Colonel
Biddle's views, but I did not know as much about it as I do now.
Senator CLARK. I have had a good deal of experience in the con-
struction of tunnels, and I know that in many instances abutting
houses have been almost entirely rent in two by the settling of earth
half a mile away.
The CHAIRMAN. That is probably so, but this is a small tunnel, and
it is to be handled by the best railroad men in this country. We have
letters from Mr. Cassatt stating that he can not conceive of the
slightest danger. They are bound in honor to do the work properly,
and I think we ought to put in an amendment leaving that matter to
be superintended by Colonel Biddle and Mr. Green.
Mr. BIDDLE. That is already in the bill.
Senator CLARK. Mr. Chairman, I think that in Philadelphia they
exacted bonds from the contractors to cover any damages that might
result. If these people are still determined to build, or wish to build,
and can not change the projected tunnel without material expense or
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inconvenience for the route of the cars, can not some safeguard be
thrown about the Library with regard to its safety by exacting bonds
that will cover any possible damages that might result!
RAILROADS NOT ASKING LEGISLATION.
The CHAIRMAN. I do not think you quite understand the position of
the railroad company. The railroad companies are not asking to do
this at all. The railroad companies, by bills that were passed at the
last session of Congress, have been given permission to put up a
station at the Mall and another station at the Baltimore and Ohio Raid-
road depot. They are entirely satisfied with those bills and do not
desire any change made. They think there is some advantage in having
the two bills; the Pennsylvania Company thinks there is some advan-
tage in having them near the center of the city. This matter was up
ten years ago, in regard to getting one station in Washington, and we
never could bring the two railroad companies to even consider it. Now
the people of this District have been trying to get them to consider the
propriety of having this one station, and we are urging this; they are
not urging it, and it is not thought that it would be wise to put any
stumbling-blocks in their way.
Senator CLARK. Is it not customary-and these gentlemen can
answer as to that-to have bonds executed by contractors under any
circumstances!
The CHAIRMAN. I suppose the Pennsylvania Company would exact
the bonds from the contractors, but we simply demand that they shall
build a proper tunnel-a tunnel that is perfectly safe for traffic, and
one which will not injure any property. I do not know whether it is
customary to give bond or not.
Senator WELLINGTON. I understand from the statement of the engi-
neer that they would require bonds of the contractors.
Senator HEITFELD. If the railroad company is entitled to bonds it
seems to me that the city is.
The CHAIRMAN. Under our bill we give back to the railroad company
the amount of money which we were going to give them in land, as I
explained the other day. We do not pay a dollar of that million and
a half to them until this work is satisfactorily completed. We hold it
in our hands.
Senator CLARK. I did not understand that feature of it.
The CHAIRMAN. Yes; that we hold in our hands until all of this work
is satisfactorily completed, and the bill provides that it shall be satis-
factory, so I think that covers that point.
Mr. GREEN. As an illustration of the care that may be exercised by
contractors in doing difficult work, or working in rock, I will say that
I know of a number of instances that show how safely a piece of work
of that character can be done. I was consulted as an engineer some
years ago when the union station in Georgetown was proposed. It
was in a kind of rock that was very slippery and sliding, and a party
who had a house on the verge of this deep cut, which was about 60
feet deep, was very apprehensive of the stability of the building, and
he objected to the work that was going on there, and kept some law-
yers very busy to save his property. The excavation went on, and
the work was completed without the slightest crack or injury to his
property.
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In New York, not long since, I was examining the work that was
going on in the subways that were being constructed and which you
know are beneath an endless tangle of the water pipes and sewers, and
everything you can think of; it was work of the most complex sort.
I saw the men blasting rock near the water mains that were not more
than from 11 to 3 feet apart, mains 2 feet in diameter, between which
were pieces of rock sticking up. They used little blasts and knocked
out the pieces of rock without the slightest danger. That shows how
it can be done safely by exercising the proper care.
Senator CLARK. Mr. Chairman, I do not appear here as an obstructor;
I want that distinctly understood. I am just as desirous to see this
improvement go on as anyone, with proper safeguards. But 1 con-
sider the safety of that magnificent building, which has no peer on
this continent, as paramount to any advantages that may grow out of
this contemplated improvement, and that is the reason for my asking
so many questions.
Mr. GREEN. I do not want to be understood as advocating this
scheme for the Government. I happened to have these items in mind,
and I have given them to the committee.
The CHAIRMAN. Knowing that Mr. Green was the father of the build-
ing, and took more interest than any other person who has charge of
it, I was anxious to have him here, and he has kindly consented to see
that the tunnel is put in properly and without danger to this building.
Senator CLARK. I think if it were possible to change the route of
this tunnel without too much cost or inconvenience that it ought to be
done in order to make sure of this proposition, because unforeseen
difficulties in enterprises of this kind often arise.
The CHAIRMAN. I do not think there is anything more that the com-
mittee cares to hear to-day. At the next meeting we will take up the
report of the engineers.
The committee thereupon adjourned.
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House Report No. 2788, Fifty-seventh Congress, second session.
UNION RAILROAD STATION AT WASHINGTON, D. C.
DECEMBER 9, 1902.-Committed to the Committee of the Whole House on the state
of the Union and ordered to be printed.
Mr. BABCOCK, from the Committee on the District of Columbia, sub-
mitted the following
REPORT.
[To accompany S. 4825.]
The Committee on the District of Columbia, to whom was referred
the bill (S. 4825) to provide for a union railroad station in the District
of Columbia, and for other purposes, report the same back to the
House, by a unanimous vote, and recommend that it do pass, with the
following amendments:
Page 1, line 11, strike out the words "empowered and" and insert
after the word "authorize" the words "and required."
Page 5, line 21, strike out the words " with its consent" and insert
in lieu thereof the words "as provided in section eleven."
Page 10, line 1, after the word "thirteen" and before the word
"and" insert the following:
and also to extend its tracks and switches north of V street on the east side of the
main track of its Metropolitan Branch Railroad to Rhode Island avenue extended.
Page 10, line 20, strike out the period after the word "abandon"
and insert in lieu therof a colon, and add the following:
Provided, That no streets or avenues shall be closed or abandoned under the pro-
visions of this act or of the acts relating to the Baltimore and Ohio Railroad Com-
pany and the Baltimore and Potomac Railroad Company, approved February
twelfth, nineteen hundred and one, until all of the property abutting on the streets
or avenues, or portions thereof, provided to be closed in said acts, shall have been
acquired by said railroad company or companies or the terminal company referred
to herein, either by condemnation or purchase, as hereinafter provided.
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Page 11, line 6, strike out the word "across" and insert the word
"over"; in line 7, strike out the words "from the present Metropoli-
tan Branch," and in line 8 strike out the words "by an overhead
bridge."
Page 14, line 22, insert before the word "of," where it first appears
in said line, the words of the elimination of grade crossings or."
Page 15, line 18, insert after the word "the" and before the word
"viaduct" the following: "terminal structure or."
Page 18, lines 21 and 22, strike out the words "five hundred
thousand."
Page 19, line 1, strike out the words "five hundred thousand."
Page 20, line 25, strike out the words "is included within such
location" and insert in lieu thereof the words "can be so acquired."
Page 22, lines 7 and 8, strike out the words 'with its consent" and
insert in lieu thereof the following: "as provided in section 11."
Page 24, strike out all of lines 12 to 24, inclusive.
Page 25, strike out all of lines 1 to 7, inclusive.
Page 25, strike out all of lines 8 to 18, inclusive, and insert in lieu
thereof the following:
SEC. 11. That any railroad company now or hereafter lawfully existing and
authorized to extend a line of railroad into the District of Columbia, or having
secured the right to operate over the lines of any other then existing railroad, to a
point of connection with the tracks of said terminal company, shall have the right
to the joint use of said station and terminals upon the payment of a reasonable com-
pensation for the use of the same; and if the parties be unable to agree upon such
terms, then the same shall be prescribed by the supreme court of the District of
Columbia, upon petition of either party in interest, under such rules of procedure as
the said court shall prescribe.
Page 25, insert between lines 18 and 19 two new sections, as follows:
SEC. 12. That the Baltimore and Potomac Railroad Company shall establish and
maintain a substation at a convenient location east of the north end of the Long
Bridge and at a point to be approved by the Commissioners of the District of
Columbia.
SEC. 13. That paragraphs 3 and 4 of section 8 of the act of Congress approved Feb-
ruary 12, 1901, entitled "An act to provide for eliminating certain grade crossings
of railroads in the District of Columbia, to require and authorize the construction of
new terminals and tracks for the Baltimore and Ohio Railroad Company in the city
of Washington, and for other purposes," be, and they are hereby, amended 80 that
they shall read as follows:
"In consideration of the surrender by the Baltimore and Ohio Railroad Company,
under the requirements of this act, of its rights under the several acts of Congress
heretofore passed, and under its several contracts with the municipal authorities of
the city of Washington authorized by said acts of Congress, and in consideration of
the large expenditures required for the construction of the new terminals, viaduct,
and connecting railroads, as required by this act, to avoid all grade crossings of streets
and avenues within the city of Washington, and, further, in consideration of the
grant and conveyance to the United States of the lands included within the limits of
the roadway and right of way of the Washington Branch Railroad, which can be
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used for a street or avenue for the public benefit, the sum of one million dollars, to
be paid to said railroad company toward the cost of the construction of said elevated
terminals, viaduct, and structures within the city of Washington, shall be, and is
hereby, appropriated, one half to be paid out of any money in the Treasury of the
United States not otherwise appropriated, the other half to be paid out of the reve-
nues of the District of Columbia. The sum so appropriated shall be paid upon
presentation of a certificate by the Commissioners of the District of Columbia that
the said viaduct has been completed as required by this act.
"In order to provide for the one half of said amount chargeable to the District of
Columbia, the Commissioners thereof shall, on the first day of July following the
passage of this act, and annually thereafter, pay over to the Treasurer of the United
States, out of the revenues of the District of Columbia, the sum of one hundred
thousand dollars, to be invested by the said Treasurer in interest-bearing bonds of
the United States or the District of Columbia, until the full sum of five hundred
thousand dollars, as provided herein, shall have been paid."
Your committee has given very careful consideration to the bill as
passed by the Senate, having held hearings, and permitted the citizens,
the Commissioners of the District of Columbia, and parties represent-
ing the railroad companies to appear and discuss fully all phases of
the proposed improvements.
The amendments recommended by this committee, it is believed,
will perfect the measure 80 the objections that have been raised to
certain provisions will not now apply.
The first important amendment, on page 10, provides that no streets
or avenues shall be closed or abandoned under the provisions of this
act or of the act of February 12, 1901, until all of the abutting property
on the streets or avenues, or portions of them to be closed, shall have
been acquired, by condemnation or purchase, by the terminal com-
pany or the railroad company.
The next amendment, on page 15, provides that such portions of the
terminal structure or viaduct as may be constructed and used for stor-
age or like commercial purpose shall be assessed the same as other
property in the District of Columbia.
The next amendment, on pages 18 and 19, and also the new section
13 recommended by your committee, reduce the amounts to be granted
to the railroad companies $500,000 each, making a total saving to the
District of Columbia and the Government of $1,000,000.
Your committee has given a large amount of time to the considera-
tion of the feasibility of locating the union station at Cstreet, between
New Jersey avenue and First street NE. The location of the station
at this point would greatly reduce the expense to the District of
Columbia and the Government by making unnecessary the cost for
damages to adjacent property, the opening and paving of new streets,
the purchase of private property for the plaza, and the filling in to
make the proper grades provided in the Senate bill. One great dis-
advantage, however, would be the necessity of covering Massachusetts
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avenue by a viaduct about 800 feet long, which meets with serious
opposition, based on the ground that it would disfigure and otherwise
mar this great avenue.
The Massachusetts avenue site, on the other hand, in the opinion of
the architects of the station, would be much more satisfactory with
reference to the Capitol and lend itself better to the necessary devel-
opment of the surroundings. Massachusetts avenue, an important
thoroughfare, would be saved as a boulevard, and the facilities for
handling large crowds would be greater than at C street by reason of
the larger number of streets, making access easier to the station.
The railroad companies deem the Massachusetts avenue site the best
and most advantageous from a railroad point of view and strongly
object to the suggested C street location for the station.
In view of all of these facts, your committee believed that, by report-
ing the Massachusetts avenue site-which involves an expenditure to
the District and Government of an amount estimated at $1,600,000 for
damages, the location of the plaza, opening of new streets, and estab-
lishing proper grades-that the reduction provided for in the amend-
ments, so that each road shall receive $1,000,000 in place of $1,500,000,
making a total saving of $1,000,000, would equalize the advantages to
the railroad companies in the selection of the Massachusetts avenue
site and the advantages which would have accrued to the District and
Government had the C street site been determined upon.
The next amendment, striking out section 11, removes from the bill
the permission granted to the two railroad companies and the terminal
company to either accept or reject the provisions of this act for the
building of a union station.
The next amendment, striking out section 12, removes from the bill
the authority given to the Commissioners of the District of Columbia to
permit the extension of street-railway lines to and from the proposed
union station. Congress has always handled legislation of this char-
acter for the District of Columbia, and your committee believes that
the chartering of new street railways or the changing of the routes of
existing lines should be considered by Congress, as in the past.
Section 11 has been amended by your committee with a view of
making this provision clear-to give permission to other railroads to
enter the District of Columbia and use the terminals and union station
upon terms which are to be prescribed by the supreme court of the
District of Columbia, if the parties in interest can not agree.
The new section 12 reported by your committee provides for the
location of a substation by the Baltimore and Potomac Railway Com-
pany at a convenient location near the north end of Long Bridge to
accommodate suburban traffic. It was represented to this committee
that department clerks and others living at Alexandria and suburban
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points would be greatly accommodated by the establishment of a sub-
station near the Long Bridge, which would make it unnecessary for
them to remain on the trains and pass through the tunnel to the union
station on Massachusetts avenue.
The Commissioners of the District of Columbia estimate the cost of
the improvements under the bill as amended, as follows:
Work to be done by railroad companies
$13, 073, 103
Work done by the District of Columbia, with damages to property
1,770,000
14, 843, 103
This would be apportioned as follows:
Railroad companies
$11, 073, 103
United States and the District of Columbia
3,770,000
14, 843, 103
Estimate of the Commissioners of the District of Columbia of
detailed cost to the United States and the District of Columbia:
To be paid by the United States and District of Columbia as one-third
of the cost of the elevation of tracks
$2,000,000
Cost of grading and paving
500,000
Cost of real estate to be purchased
500,000
Damages to property, due to changes of grade
600,000
In addition, existing legislation requires an expenditure in South Wash-
ington, estimated
120,000
Grading, paving, and damages to property
50, 000
3,770,000
Your committee incorporates as a part of its report the following,
taken from the Annual Report of the Commissioners of the District of
Columbia for the year ending June 30, 1902, in the last paragraph of
which it will be noted that the Commissioners recommend the Massa-
chusetts avenue site:
THE UNION STATION.
It is earnestly hoped that final action will be taken this year on the bill for the
union station and abolishing grade crossings within the city. Every public event
that attracts an unusual crowd to the city manifests the need of better terminal
facilities. Under present conditions it is necessary to lay temporary tracts and sus-
pend the handling of freight whenever a large gathering takes place, and, as Wash-
ington has many events of this kind, the need is accentuated from year to year.
With the railroad companies and the Commissioners in accord upon all the material
features of the improvement, it is hoped that the project will soon receive Congres-
sional approval. A union station seems to be practically assured, the only question
being that of location.
At the last session of Congress a bill was introduced in the Senate providing for the
location of a union station at Delaware and Massachusetts avenues, fronting upon the
latter. The bill was referred to the Commissioners for report and was recommended
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favorably by them, and later it passed the Senate. The bill then went to the House
of Representatives and was referred to the Committee on the District of Columbia,
which requested a statement from the Engineer Commissioner upon the alternative
locations of the site as above and one at C street and North Capitol street as provided
by existing legislation for the station of the Baltimore and Ohio Railroad. On June
23, in response to this request, the Acting Engineer Commissioner made this report,
giving the relative advantages and disadvantages of the two sites. Congress adjourned
a few days after the report was submitted, and no action was taken on the bill.
The advantages of the C street site may be briefly repeated: The engineering situa-
tion is better, this site being on the side of a hill, 80 that there would not have to be
a large fill, as in the other case; the foundations of the buildings around the station
would be better and would possibly attract, at the outset, a better class of buildings;
the crossing of the streets to the north of the station, with the exception of Massa-
chusetts avenue, would be more satisfactory, as a greater track elevation would be
obtained, causing less change in existing grades and permitting stone arches instead
of steel girders to be used; the C street site is also nearer the lower part of Pennsyl-
vania avenue and to the main street-car lines as they exist at present; it would cost
less and cause less damage to the adjacent property, although no plan has yet been
made for treating the surroundings on as large a scale as has been done in the case
of the Massachusetts avenue site, and the probable necessity for buying two large
squares, estimated to cost $850,000, immediately in front, would bring the cost to a
figure much nearer that of the Massachusetts avenue site.
The advantages of the Massachusetts-avenue location are: It would be, in the
opinion of the architects of the station, much more satisfactory with reference to the
Capitol and lend itself better to the necessary development of the surroundings;
Delaware avenue between Massachusetts avenue and the Capitol grounds would be
saved as a boulevard; Massachusetts avenue, instead of being covered by a viaduct
800 feet long, would be open, although H street, now an important thoroughfare,
would have a similar viaduct instead; the city must grow to the north, and there-
fore this would be nearer the center of population; the facilities for handling crowds
would be much better, as in the C-street site, being situated on the side of a hill, the
approaches would practically be along one or two streets, while at Massachusetts
avenue there would be several wide avenues; the street cars could, of course, easily
change their routes so as to accommodate themselves to any location.
As the station is to be a permanent and monumental structure, it is considered by
the Commissioners that the location best adapted for the future should be chosen,
even though it may involve a greater initial expense and greater temporary damage
to property. The cost of the Massachusetts-avenue site is stated in their report to
the Senate Committee on the District of Columbia, and they are of the opinion that
it is the better site.
The Senate bill was referred to the Secretary of War for examina-
tion and report. His report is as follows:
REPORT OF SECRETARY OF WAR.
COMMITTEE ON THE DISTRICT OF COLUMBIA,
HOUSE OF REPRESENTATIVES,
Washington, D. C., May 23, 1902.
The SECRETARY OF WAR.
SIR: I have the honor to inclose herewith, for examination and report, Senate bill
4825, "to provide for a union railroad station in the District of Columbia, and for
other purposes."
Very respectfully,
J. W. BABCOCK, Chairman.
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CANALS AND STEAM RAILROADS.
[First indorsement.]
WAR DEPARTMENT, May 27, 1902.
Respectfully returned to the chairman Committee on the District of Columbia,
House of Representatives inviting attention to the accompanying report of the
Chief of Engineers, United States Army, of yesterday's date, in whose views the
Department concurs.
The only matters in which the proposed new railway station appears to concern
the War Department officially are the improvement to the public buildings and
grounds involved in removing the present railroad from the Mall and securing suf-
ficent space about and in front of the railway station to make practicable the massing
and movement of military escorts upon occasions of ceremony, such as the funeral of
the late President McKinley and the reception of Prince Henry of Prussia. In both
of these respects the proposed change is very desirable.
E. RooT, Secretary of War.
OFFICE OF THE CHIEF OF ENGINEERS, UNITED STATES ARMY,
Washington, May 26, 1902.
Hon. ELIHU Roor, Secretary of War.
SIR: I have the honor to return herewith letter dated the 23d instant from the
chairman of the House Committee on the District of Columbia inclosing, for exami-
nation and report, Senate bill 4825, Fifty-seventh Congress, first session, "An act to
provide for a union railroad station in the District of Columbia, and for other
purposes."
The only interests peculiarly under the control of this Department that would be
affected by the proposed legislation are such as concern the parks pertaining to the
public buildings and grounds under the charge of the War Department, and the sys-
tem of water mains of the Washington Aqueduct and the water supply of the District
of Columbia.
So far as the parks are concerned, no objection is seen to the passage of the pro-
posed measure, but before favorable action is taken thereon adequate provision
should be inserted for the protection of the water-supply mains and for the execution
of the work under the supervision of the officer in charge of the Washington Aque-
duct at all points where the interests of the aqueduct or any portion of its water
mains are concerned.
A copy of the bill was referred to the officer in charge of public buildings and
grounds, who states that he knows of no objection to the enactment of the legislation
therein proposed.
It would seem that the subject-matter of this measure pertains more particularly
to the government of the District of Columbia, and that the views of the Commis-
sioners should be requested.
Very respectfully, your obedient servant,
G. L. GILLESPIE,
Brigadier-General, Chief of Engineers, U.S. Army.
Your committee also incorporates as a part of its report the report
made to the Senate on April 3, 1902, by Senator McMillan, as follows:
[Here follows the Senate report as above.]
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Senate Committee on the District of Columbia.
SENATE 4825.-AN ACT TO PROVIDE FOR A UNION RAILROAD STATION
IN THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES.
COST OF TERMINALS.
JANUARY 22, 1903.-Papers before the conference committee.
PHILADELPHIA, BALTIMORE AND WASHINGTON
RAILROAD Co., OFFICE OF THE PRESIDENT,
Philadelphia, January 20, 1903.
Hon. J. H. GALLINGER,
Chairman Senate Conferees on Bill S. 4825,
United States Senate, Washington, D. C.
DEAR SIR: I beg the privilege of inviting your especial attention to
the following considerations in support of the appropriation of
$1,500,000 made by the Senate to the cost of the work to be per-
formed by the Philadelphia, Baltimore and Washington Railroad
Company, which is reduced to $1,000,000 by the House amendment.
First. By the act of February 12, 1901, this company is afforded an
eligible site for a terminal station on the Mall, which is adequate for
its purposes and well adapted to the public convenience. Viewed from
the standpoint of the company's interest alone, this site is preferable
to the union station site provided for by the pending bill. By the act
of February 12, 1901, the land on the Mall (valued by the representa-
tives of the District in the negotiations leading to the agreement
embodied in that act at $1,275,000) is granted to the company as a
contribution toward the large expenditure for the elimination of grade
crossings on its existing line within the District of Columbia, which
the act requires, while the pending bill proposes a contribution in money
in substitution for the station site on the Mall, which is to be relin-
quished. The pending bill in no wise relieves the company from the
duty and obligation, and the expenditures incidental thereto, of elimi-
nating grade crossings and of making other changes and improvements
prescribed by the act of February 12, 1901.
Second. Estimates certified by the chief engineer of this company,
which are submitted herewith, show that the cost to the company of
all the improvements contemplated by the act of February 12, 1901,
including the terminal station, would have amounted to $4,392,656,
while the cost of the improvements provided for by the present bill,
including one-half of the cost of the terminal station, will be
$7,966,926, so that this company is required to incur an additional
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expenditure of over $3,500,000 without deriving any direct advantage
therefrom.
Third. In this connection it may be properly stated that the pend-
ing bill for the establishment of a union station did not originate with
this company, but was prepared and introduced in the Senate to
accommodate a scheme of public improvement which was deemed to
be of great interest and importance to the city of Washington, and
this company was asked to accede to the proposed changes with the
understanding and assurance that in lieu of the site on the Mall
granted by the United States as a contribution toward the cost of the
improvements provided for by the act of February 12, 1901, a fair
and equitable appropriation in money toward the very large increased
expenditure required by the present bill would be made.
These considerations appear to me to so fully justify the contribu-
tion of $1,500,000 toward the cost of eliminating grade crossings and
of making the other improvements for the benefit of the District
required by the bill in the Senate form that, without intending undue
obtrusion on your deliberation, I am impelled by a sense of duty to
the company and its interests in this important matter to submit the
same to you with the hope and belief that upon considerate reflection
you will concur in the propriety and justice of the appropriation of
$1,500,000 and conclude accordingly.
I have the honor to be, very respectfully, yours,
A. J. CASSATT, President.
Estimates of cost to the Philadelphia, Baltimore and Washington Railroad Company of
making the improvements contemplated by the act of February 12, 1901, and of the cost
of those to be made under Senate bill 4825.
Cost of work under act of February 12, 1901:
Cost of old line, tunnel to Long Bridge
$1,464,733
Branch from Virginia avenue north to station
968, 480
Passenger station and train shed
1,222,000
Long Bridge
737, 443
Total
4, 392, 656
Cost of work to be done under Senate bill 4825:
New tunnel, one-half cost
824,525
New station, one-half cost
2,000,000
Line to New York avenue, one-half cost
1,228,125
Line to Magruder
1,292,450
Add one-half cost of coach yard
419,650
Cost of eliminating grade crossings on old line between tunnel and
Long Bridge
1, 464, 733
Long Bridge
737, 443
Total cost to Philadelphia, Baltimore and Washington Railroad
under pending bill
7,966,926
Cost under act of February 12, 1901
4,392,656
Total excess cost to Philadelphia, Baltimore and Washington
Railroad
3, 574, 270
Respectfully submitted.
WM. H. BROWN,
Chief Engineer Philadelphia, Baltimore and Washington Railroad.
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CANALS AND STEAM RAILROADS.
255
THE BALTIMORE AND OHIO RAILROAD COMPANY,
OFFICE OF THE PRESIDENT,
Baltimore, January 21, 1903.
To the conferees appointed by the Senate and House of Representatives
on Senate bill 4825 with the amendments of the House.
GENTLEMEN: I desire to call your particular attention to the pro-
vision in section 13 of Senate bill 4825 whereby the amount to be
paid by the United States Government and the District of Columbia
to the Baltimore and Ohio Railroad Company toward the cost of the
construction of the proposed elevated terminals, viaducts, and struc-
tures within the city of Washington was, by the action of the House
of Representatives, reduced from $1,500,000, as provided in the bill
as passed by the Senate, to $1,000,000.
By act approved February 12, 1901, the Baltimore and Ohio Rail-
road Company was required to eliminate certain grade crossings
within the District of Columbia, and authorized to construct new ter-
minals and tracks in the city of Washington.
In section 8 of the bill last referred to it was provided that-
In consideration of the surrender by the Baltimore and Ohio Railroad Company,
under the requirements of this act, of its rights under the several acts of Congress
heretofore passed, and under its several contracts with the municipal authorities of
the city of Washington authorized by said acts of Congress, and in consideration of
the large expenditures required for the construction of the new terminals, viaduct,
and connecting railroads, as required by this act, to avoid all grade crossings of
streets and avenues within the city of Washington, and, further, in consideration of
the grant and conveyance to the United States of the lands included within the
limits of the roadway and right of way of the Washington Branch Railroad, which
can be used for a street or avenue for the public benefit, the sum of one million five
hundred thousand dollars, to be paid to said railroad company toward the cost of
the construction of said elevated terminals, viaduct, and structures, within the city
of Washington, shall be, and is hereby, appropriated, one-half to be paid out of any
money in the Treasury of the United States not otherwise appropriated, the other
half to be paid out of the revenues of the District of Columbia.
The Baltimore and Ohio Railroad Company was entirely contented
with the legislation contained in said act of February 12, 1901, and
was preparing to proceed with the work of construction thereby
authorized, when the proposition to bring the Pennsylvania and the
Baltimore and Ohio roads into a union station was urged upon both of
the roads named by prominent members of the Senate committee, and
also by the commission having in charge the improvement of the park
system of the District of Columbia.
The suggestion of a union depot was reluctantly taken under con-
sideration by the roads. The Baltimore and Ohio was particularly
anxious to proceed under its separate act of February 12, 1901, and
was unwilling to surrender the location and advantages secured to it
by that act and assume the very large additional costs which would be
imposed by a participation in the joint construction of a union depot
and terminals.
A strong sentiment, however, in favor of a union depot was found
to exist not only in Washington but in the mind of the public and of
Congress, and in consideration of this sentiment, which was urged
very forcibly by the Senate committee and by the park commission,
the Baltimore and Ohio, with the Pennsylvania, finally consented to
the provisions contained in Senate bill 2481 as it passed that body.
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256
CANALS AND STEAM RAILROADS.
This consent, so far as the Baltimore and Ohio is concerned, was
based upon the preservation to it of many of the provisions of the act
of February 12, 1901, and particularly of the provision above quoted
in full, providing for the payment to this company of $1,500,000,
which was considered only a reasonable consideration for the surrender
by the company of valuable rights secured to it by former acts of
Congress, the abolition of grade crossings and grant to the Govern-
ment of valuable lands included in the old roadway of the Washington
Branch, and of the expenditures to be incurred in connection with the
construction authorized.
When it is remembered that, by accepting the provisions of the Sen-
ate bill referred to, this company assumed a much larger burden in
the matter of the costs of construction, and received back none of the
rights and grants surrendered under the act of February 12, 1901, it
is difficult to see upon what equitable ground the reduction of the
appropriation by the Government from $1,500,000 to $1,000,000 can
be based or defended.
If at the time of consenting to the union-depot proposition the com-
pany had been informed that it would lose in any part the appropria-
tion given it under the act of February 12, 1901, this company certainly
would not have considered with favor the proposition or consented to
it. Its consent being based upon the conditions fixed first by the act
of February 12, 1901, and subsequently by the Senate bill No. 2481, it
does not seem that these conditions should now be disturbed.
None of the considerations for the payment of the $1,500,000 enu-
merated in section 8 of the act of February 12, 1901, are done away with
by the Senate bill, but several additional considerations are in the pro-
visions of the last-named bill contained, and these are to be found in
the increase of costs of construction to be borne by the Baltimore and
Ohio, which is charged with the payment of one-half of the costs of
the union depot and one-half of terminal construction, and this of
itself would more than equal the costs of depot and terminals under
the act of February 12, 1901; but to this must be added the loss to the
Baltimore and Ohio of its freight facilities within the city and the
added costs imposed by the necessity for the purchase of additional
property at Eckington.
Again, the company, under the provisions of the act of February
12, 1901, purchased nearly all of the property needed for its depot
and terminals at the C street location. Of this property more than a
million dollars' worth can not be used for the union depot and termi-
nals, but must be carried by the company, which, at the same time, is
compelled to bear the costs of property required under pending
legislation.
It has been suggested in support of the action of the House of
Representatives that the cost to the Baltimore and Ohio is lessened by
reason of the shortening of the viaduct, the lowering of the grade,
and the participation on the part of the Pennsylvania in the costs of
the terminals outside of the depot. It will appear from an examina-
tion of the plans that the grade has been increased rather than lowered,
and that the amount actually to be expended by the company under
pending legislation is greater than that required under the act of
February 12, 1901. The latter fact will be seen by reference to state-
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CANALS AND STEAM RAILROADS.
257
ment of costs hereto appended. In your consideration of the com-
parative expenditures under the two bills, I ask that you will bear in
mind that we are obliged under the pending bill to move our freight
depot from one of the very best locations in the city to a much inferior
and more remote location at Eckington. The advantage in the matter
of freight traffic of a freight depot centrally located in the city will be
readily appreciated, although impossible to reduce to figures.
When it is considered that Congress in the act of February 12,
1901, in consideration of benefits surrendered by the Baltimore and
Ohio Railroad Company of property donated by the company, and of
expenditures which are now sought even to be increased, consented to,
and in fact did, make the appropriation of $1,500,000; and when it is
considered further that the company was induced to give its assent to
the provisions of the Senate bill because in part of this appropriation,
even though under the Senate bill it had to assume a heavier burden
in the matter of construction and costs, the proposition to cut down
this appropriation at this time, and under the circumstances and con-
ditions above stated, is one that I am unwilling to think will be
entertained by this committee.
Fully convinced of the absolute justice of my position, and because
of my responsibility to the company in accepting the Senate bill after
sufficient legislation (which gave the company the $1,500,000) had been
secured, I feel obliged to urge either that the Senate provision be
restored or that the Baltimore and Ohio be permitted to proceed
under the act of February 12, 1901.
Very respectfully,
L. F. LOREE, President.
Estimates of cost to the Baltimore and Ohio Railroad Company of making the improve-
ments contemplated by the act of February 12, 1901, and the cost of those to be made
under the bill now pending.
Cost of work under act of February 12, 1901:
Cut-off from Montello to Florida avenue
$914, 360
Metropolitan Branch connection
75,900
Eckington yard
484,950
Florida avenue to south side of G street
666,750
Terminals south side of G street to C street
3, 457, 448
5,599,408
Cost of work to be done under bill now pending:
New tunnel, one-half cost
824,525
New station, one-half cost
2,000,000
Line from terminal to New York avenue
1,228,125
Metropolitan Branch and freight tracks, L street to New York avenue
263,150
North side New York avenue to Montello
532,500
Coach yard
419,650
Metropolitan Branch connection
130,000
Baltimore and Ohio freight terminal
358,600
Total cost to Baltimore and Ohio Railroad under bill now pending
5,756,550
Cost under act of February 12, 1901
5,599,498
Total excess cost to Baltimore and Ohio Railroad
157, 142
Respectfully submitted.
J. M. GRAHAM,
Chief Engineer.
S. Doc. 220-17
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258
CANALS AND STEAM RAILROADS.
MEMORANDUM.
The real objection to the bill, however, is not SO much in the increased
cost as the decreased value to the Baltimore and Ohio Railroad. In
the matter of freight terminals especially the loss is very great. Our
freight station, as will be seen from the accompanying blue print, on the
original plan was located south of Massachusetts avenue, in probably
the best location possible for a freight house in Washington City. On
the present plan the freight house is located more than a mile north
of the above site and practically outside the city.
Provision suggested by the District Commissioners.
DAMAGES.
That all damages to adjacent property resulting from changes in the grades of streets,
avenues, or alleys authorized by this act or the acts referred to herein approved Febru-
ary 12, 1901, shall be borne by the District of Columbia. Said damages shall be
appraised by a Commission, which shall be appointed by the Commissioners of said
District and shall consist of three capable and disinterested citizens of said District,
who shall each receive for his services ten dollars per day when actually employed;
and said commission shall have the power to administer oaths, summon witnesses,
and hear testimony in the matter of said damages, after giving public notice by adver-
tisement in three daily newspapers in the city of Washington ten days in advance of
its meeting for said purpose. The owner of any such property shall have the right,
within one year after the completion of the grading of any such street, avenue, or
alley, to file with said commission, in writing and sworn to, a petition for an allow-
ance of such sum as he believes said property to have been damaged, and upon fail-
ure to make such claim within said period of one year said right shall cease and
determine.
When said commission shall have made any such appraisement the same shall be
submitted to said Commissioners for approval, and when SO approved it shall be pub-
lished twice a week for two weeks in a daily newspaper published in the city of
Washington, and, if practicable, notice in writing shall be personally served by the
auditor of said District on the persons entitled to receive awards of damages under
said appraisement that the amount thereof will be paid to them by said auditor. A
sufficient sum to pay the salaries and expenses of said commission and the amount of
said awards of damages is hereby appropriated out of the revenues of the District of
Columbia, and fifty per centum of said salaries, expenses, and awards of damages
shall be refunded to said District by the United States: Provided, That said commis-
sion, in making its appraisement, shall take into consideration any benefits that may
have accrued by reason of the elimination of grade crossings or the location of said
terminal station in proximity to the property alleged to have been damaged.
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INDEX.
ALEXANDRIA, LOUDOUN AND HAMPSHIRE RAILROAD COMPANY:
Page.
Resolutions pledging the corporation of Georgetown to make a subscription
to the Alexandria, Loudoun and Hampshire Railroad Company upon
certain conditions, approved August 22, 1857
53
Resolution of the corporation of Georgetown, approved August 3, 1859,
appointing a committee to confer with the Alexandria, Loudoun and
Hampshire Railroad Company
54
Resolution of the corporation of Georgetown, approved September 17, 1859,
supplementary to a resolution in relation to the subscription of George-
town to the Alexandria, Loudoun and Hampshire Railroad Company
54
Resolution of the corporation of Georgetown, approved October 1, 1859, in
relation to the route of the Alexandria, Loudoun and Hampshire Rail-
road Company
59
Resolution of the corporation of Georgetown, approved February 5, 1860,
declining the proposition of the Alexandria, Loudoun and Hampshire
Railroad Company
55
Act of February 5, 1861, to authorize the extension and use of a branch of
the Alexandria, Loudoun and Hampshire Railroad within the city of
Georgetown
55
ALEXANDRIA AND WASHINGTON RAILROAD COMPANY (see also Washington and
Alexandria Railroad Company; Alexandria, Washington and Georgetown
Railroad Company, and Washington, Alexandria and Georgetown Railroad
Company):
Act of August 3, 1854, authorizing the extension of the Alexandria and
Washington Railroad into the District of Columbia
49
Act of the Washington council, June 27, 1855, to extend the Alexandria
and Washington Railroad from the Long Bridge to the Baltimore and
and Ohio depot and to the Washington City Canal
52
Act of March 3, 1863, to extend the charter of the Alexandria and Wash-
ington Railroad Company
56
Act of July 25, 1866, to amend an act to extend the charter of the Alex-
andria and Washington Railroad Company, passed March 3, 1863
60
Act of the legislative assembly, approved August 23, 1871, in relation to
the Baltimore and Ohio, Alexandria and Washington, Baltimore and
Potomac, and National Junction railways, relative to safety at railway
crossings
83
ALEXANDRIA, WASHINGTON AND GEORGETOWN RAILROAD COMPANY (see also
Alexandria and Washington Railroad Company, Washington and Alexandria
Railroad Company, and Alexandria, Washington and Georgetown Railroad
Company): Act of March 2, 1867, granting certain privileges to the Alexan-
dria, Washington and Georgetown Railroad Company in the District of
Columbia
70
ARLINGTON RESERVATION: Act of March 3, 1893, granting a right of way through
the Arlington Reservation for railroad purposes
113
BAGGAGE, unclaimed
135
BALTIMORE AND OHTo RAILROAD COMPANY:
Act of May 9, 1828, to authorize a railroad within the District of Columbia.
21
Resolution of the Washington council, January 8, 1831, relative to termi-
nals
21
Resolution of the Washington council, February 22, 1831, relative to ter-
minals
21
Act of March 2, 1831, to authorize the extension, construction, and use of
a lateral branch of the Baltimore and Ohio Railroad into and within the
District of Columbia
22
259
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260
CANALS AND STEAM RAILROADS.
BALTIMORE AND OHIO RAILROAD COMPANY-Continued.
Page.
Act of February 26, 1834, to continue in force an act to authorize the
extension, construction, and use of a lateral branch of the Baltimore
and Ohio Railroad into and within the District of Columbia
26
Resolution of the Washington council, February 3, 1835, in relation to
the lateral branch of the Baltimore and Ohio Railroad within the limits
of the city of Washington
27
Act of March 3, 1835, supplementary to an act to authorize the extension,
construction, and use of a lateral branch of the Baltimore and Ohio
Railroad into and within the District of Columbia
27
Act of the Washington council, April 9, 1835, declaring the assent of the
corporation of the city of Washington to the route adopted by the Bal-
timore and Ohio Railroad for the lateral branch of said road within the
limits of said city
29
Act of the Washington council, August 3, 1835, releasing the claim of the
corporation of Washington against the Baltimore and Ohio Railroad Com-
pany for grading Second street east betweet K and I and I and H streets
north, and for building a bridge over the railroad at the intersection of
said streets
30
Joint resolution of the Washington council, May 30, 1849, for carrying
into effect certain arrangements with the Baltimore and Ohio Railroad
Company relative to the removal of their depot
31
Joint resolution of the Washington council, May 31, 1850, appointing a
committee to enter into arrangements with the Baltimore and Ohio Rail-
road Company in relation to the removal of their depot in Washington.
31
Act of the Washington council, July 5, 1850, authorizing the improvement
of C and D streets north between Second street west and North Capitol
street, and for other purposes
32
Joint resolution of the Washington council, May 20, 1853, relative to
safety at railroad crossings
49
Act of August 3, 1854, conferring certain privileges on the Baltimore and
Ohio Railroad Company relative to the extension of the Washington
branch of said railroad to some point opposite to or near the city of
Alexandria
49
Act of July 25, 1866, to authorize the extension, construction, and use by
the Baltimore and Ohio Railroad Company of a railroad between Knox-
ville and Monocacy Junction into and within the District of Columbia.
61
Act of the Washington council, approved March 17, 1867, to encourage
the extension of direct railroad communication with the city of Wash-
ington
63
Articles of agreement between the Baltimore and Ohio Railroad Company
and the corporation of Washington, approved June 15, 1850
64
Act of the legislative assembly, approved August 23, 1871, in relation to
the Baltimore and Ohio, Alexandria and Washington, Baltimore and
Potomac, and National Junction railways, relative to safety at railway
crossings
83
Act of June 19, 1874, to authorize the Baltimore and Ohio Railroad Com-
pany to construct a branch and to change the location of its road within
the District of Columbia
93
Act of February 12, 1901, to provide for the elimination of certain grade
crossings in the District of Columbia and to require and authorize the
construction of new terminals and tracks for the Baltimore and Ohio
Railroad Company in the city of Washington, and for other purposes
116
Act of February 28, 1903, to provide for a union railroad station in the
District of Columbia, and for other purposes
137
Report by Mr. McMillan, from the Senate Committee on the District of
Columbia, on the bill (S. 2329) to provide for eliminating grade cross-
ings on the line of the Baltimore and Ohio Railroad in the city of Wash-
ington
153
Report of the Commissioners of the District of Columbia on the bill (S.
2329, Fifty-sixth Congress, first session) to provide for eliminating grade
crossings on the line of the Baltimore and Ohio Rairroad in the city of
Washington
157
Report of Mr. Pearre, from the House Committee on the District of Colum-
bia, on the bill (S. 2329, Fifty-sixth Congress, first session) to provide
for eliminating grade crossings on the line of the Baltimore and Ohio
Railroad in the city of Washington
175
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CANALS AND STEAM RAILROADS.
261
BALTIMORE AND OHIO RAILROAD COMPANY-Continued
Page.
Report of Mr. McMillan, from the Senate Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, first session) to
provide for a union railroad station in the District of Columbia
212
Report of the Commissioners of the District of Columbia on the bill
(S. 4825, Fifty-seventh Congress, first session) to provide for a union
railroad station in the District of Columbia
216
Supplementary report of the Commissioners of the District of Columbia
on the bill (S. 4825, Fifty-seventh Congress, first session) to provide for
a union railroad station in the District of Columbia
227
Report of Mr. Babcock, from the House Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, second session)
to provide for a union railroad station in the District of Columbia
246
Letter from President L. F. Loree relative to cost of the new terminals
255
Provision suggested by the Commissioners of the District of Columbia
relative to damages
258
BALTIMORE AND POTOMAC RAILROAD COMPANY (see also Philadelphia, Balti-
more and Washington Railroad Company):
Act of the general assembly of Maryland, approved May 6, 1853, incorpo-
rating the Baltimore and Potomac Railroad Company
40
Act of the general assembly of Maryland, approved May 10, 1854, amend-
ing the act in relation to the Baltimore and Potomac Railroad Company
48
Act of February 5, 1867, to authorize the extension, construction, and use
of a lateral branch of the Baltimore and Potomac Railroad into and
within the District of Columbia
66
Act of March 18, 1869, supplementary to an act entitled "An act author-
izing the extension, construction, and use of a lateral branch of the Bal-
timore and Potomac Railroad Company into and within the District of
Columbia," approved February 5, 1867
70
Act of March 25, 1870, to extend the time for the completion of the lateral
branch of the Baltimore and Potomac Railroad authorized by the act
approved February 5, 1867, and to change the location in the city of
Washington along the bank of the canal
76
Joint resolution of the Washington council, approved May 30, 1870, in
relation to the Baltimore and Potomac Railroad
77
Act of June 21, 1870, supplementary to the act entitled "An act to
authorize the construction, extension, and use of a lateral branch of the
Baltimore and Potomac Railroad into and within the District of Colum-
bia," approved February 5, 1870 [1867]
78
Act of March 3, 1871, supplementary to the act authorizing the extension,
construction and use of a lateral branch of the Baltimore and Potomac
Railroad into and within the District of Columbia, approved February
5, 1867
80
Act of March 3, 1871, to regulate the grade of Maryland avenue from the
end of Long Bridge to Twelfth street
81
Joint resolution of the Washington council, approved March 9, 1871,
giving the assent of the corporation of Washington to the location of
the depot of the Baltimore and Potomac Railroad
82
Act of the Washington council, approved March 3, 1821, assigning a site
for the passenger depot of the Baltimore and Potomac Railroad
82
Act of the legislative assembly, approved August 23, 1871, in relation to the
Baltimore and Ohio, Alexandria and Washington, Baltimore and Poto-
mac, and National Junction railways, relative to safety at railway
crossings
83
Act of the legislative assembly, approved June 13, 1872, granting certain
privileges to the Baltimore and Potomac Railroad
84
Act of May 21, 1872, to confirm the action of the board of aldermen and
common council of the city of Washington designating a depot site for
the Baltimore and Potomac Railroad Company, and for other purposes.
85
Act of August 13, 1888, to authorize the Baltimore and Potomac Railroad
Company to extend a side track into square No. 1025 in the city of
Washington
98
Act of January 19, 1891, supplementary to an act entitled "An act to
authorize the construction of the Baltimore and Potomac Railroad in
the District of Columbia."
114
Act of March 28, 1896, for the relief of Kate Winter
115
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CANALS AND STEAM RAILROADS.
BALTIMORE AND POTOMAC RAILROAD COMPANY-Continued.
Page.
Act of February 12, 1901, to provide for the elimination of certain grade
crossings on the line of the Baltimore and Potomac Railroad Company
in the city of Washington, D. C., and to require said company to depress
and elevate its tracks, and to enable it to relocate parts of its railroad
therein, and for other purposes
125
Act of February 28. 1903, to provide for a union railroad station in the
District of Columbia, and for other purposes
137
Report of Mr. McMillan, from the Senate Committee on the District of
Columbia, to accompany the bill (S. 1929, Fifty-sixth Congress, first ses-
sion) to provide for eliminating grade crossings on the line of the Bal-
timore and Potomac Railroad in the city of Washington
178
Report of the Commissioners of the District of Columbia on the bill
(S. 1929, Fifty-sixth Congress, first session) to provide for eliminating
grade crossings on the line of the Baltimore and Potomac Railroad in
the city of Washington
185
Report of the War Department on the bill (S. 1925, Fifty-sixth Congress,
first session) to provide for eliminating grade crossings on the line of
the Baltimore and Potomac Railroad in the city of Washington
195
Report of Mr. Mudd, from the House Committee on the District of Colum-
bia, on the bill (S. 1929, Fifty-sixth Congress, second session) to provide
for eliminating grade crossings on the line of the Baltimore and Potomac
Railroad in the city of Washington
207
Minority report of Mr. Cowherd, from the House Committee on the Dis-
trict of Columbia, on the bill (S. 1929, Fifty-sixth Congress, second
session) to provide for eliminating grade crossings on the line of the
Baltimore and Potomac Railroad in the city of Washington
209
Report of Mr. McMillan, from the Senate Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, first session) to
provide for a union railroad station in the District of Columbia
212
Report of the Commissioners of the District of Columbia on the bill (S.
4825, Fifty-seventh Congress, first session) to provide for a union rail-
road station in the District of Columbia
216
Supplementary report of the Commissioners of the District of Columbia
on the bill (S. 4825, Fifty-seventh Congress, first session) to provide
for a union railroad station in the District of Columbia
227
Report of Mr. Babcock, from the House Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, second session)
to provide for a union railroad station in the District of Columbia
246
Letter from President A. J. Cassatt relative to cost of the new terminals
253
Provision suggested by the Commissioners of the District of Columbia rel-
ative to damages
258
CAB SERVICE, establishment of, by railroad companies authorized
116
CHESAPEAKE AND OHIO CANAL COMPANY:
Act of March 3, 1825
7
Act of May 24, 1828
9
Act of July 14, 1832
9
Act of May 20, 1836
11
Act of March 3, 1837
11
Act of September 20, 1850
13
Extract from "An act to increase the water supply of the city of Washing-
ton," approved July 15, 1882
17
CHESAPEAKE BAY AND POTOMAC RIVER TIDE WATER CANAL COMPANY:
Act of July 26, 1866
13
DAMAGES, provision suggested by the Commissioners of the District of Colum-
bia relative to
258
FREIGHT, unclaimed
135
GARFIELD PARK, use of portion of
130
GEORGETOWN BARGE, Dock, ELEVATOR, AND RAILWAY COMPANY, act of Septem-
26, 1888; to incorporate the Georgetown Barge, Dock, Elevator, and Railway
Company
99
GEORGETOWN AND CATOCTIN RAILROAD COMPANY, act of March 3, 1853, incor-
porating the Georgetown and Catoctin Railroad Company
33
GRADE CROSSINGS, division of cost of eliminating
171
LONG BRIDGE, use of, for railway purposes
78
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CANALS AND STEAM RAILROADS.
263
METROPOLITAN RAILROAD COMPANY:
Act of the general assembly of Maryland, approved May 5, 1853, incor-
porating the Metropolitan Railroad Company
34
Act of the general assembly of Maryland, March 6, 1856, amending the
act incorporating the Metropolitan Railroad Company
52
NATIONAL JUNCTION RAILWAY COMPANY:
Act of March 29, 1869, to incorporate the National Junction Railway
Company
72
Act of June 28, 1870, amending an act incorporating the National Junc-
tion Railroad Company
79
Act of the legislative assembly, approved August 23, 1871, in relation to
the Baltimore and Ohio, Alexandria and Washington, Baltimore and
Potomac, and National Junction Railways, relative to safety at railway
crossings
83
NORTHEAST W ASHINGTON CITIZENS' ASSOCIATION, report of, relative to division
of cost of grade crossings
171
ORANGE, ALEXANDRIA AND MANASSAS RAILROAD COMPANY, act of June 8, 1872,
to authorize the Orange, Alexandria and Manassas Railroad Company to
run trains and transport freight and passengers within the District of
Columbia
87
PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY (see also
Baltimore and Potomac Railroad Company):
Act of February 28, 1903, to provide for a union railroad station in the
District of Columbia, and for other purposes
137
Report of Mr. McMillan, from the Senate Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, first session) to
provide for a union railroad station in the District of Columbia
212
Report of the Commissioners of the District of Columbia on the bill (S.
4825, Fifty-seventh Congress, first session) to provide for a union rail-
road station in the District of Columbia
216
Supplementary report of the Commissioners of the District of Columbia on
the bill (S. 4825, Fifty-seventh Congress, first session) to provide for a
union railroad station in the District of Columbia
227
Report of Mr. Babcock, from the House Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, second session)
to provide for a union railroad station in the District of Columbia
246
Letter from President A. J. Cassatt relative to cost of the new terminals
253
Provision suggested by the Commissioners of the District of Columbia
relative to damages
258
PIEDMONT AND POTOMAC RAILROAD COMPANY, act of May 23, 1872, giving the
assent of Congress to the subscription of the District of Columbia to the
stock of the Piedmont and Potomac Railroad Company
87
RAILROAD TRAINS, act of the legislative assembly, approved June 26, 1873, to
regulate the running of railroad trains and engines on the streets and ave-
nues of the city of Washington
92
RICHMOND AND DANVILLE RAILROAD COMPANY, act of August 27, 1888, author-
izing the Richmond and Danville Railroad Company to lay tracks, etc., in
the District of Columbia
98
SOUTHERN MARYLAND RAILROAD COMPANY, act of June 27, 1882, to authorize
the Southern Maryland Railroad Company to extend a railroad into and
within the District of Columbia
96
SOUTHERN RAILWAY COMPANY:
May acquire squares 267 and 270
132
Rights under act of February 12, 1901, confirmed
STREET LIGHTING, railroads to pay for
98
TERMINALS, COST OF:
Letter from President A. J. Cassatt, of the Philadelphia, Baltimore and
Washington Railroad Company, relative to
253
Letter from President L. F. Loree, of the Baltimore and Ohio Railroad
Company, relative to
255
TUNNEL UNDER CAPITOL HILL, hearing as to
231
UNION RAILROAD STATION:
Act of February 23, 1881, to authorize the Commissioners of the District
of Columbia to recommend a proper site for a union railroad depot in
the city of Washington, and for other purposes
95
Act of February 28, 1903, to provide for a union railroad station in the
District of Columbia, and for other purposes
137
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264
CANALS AND STEAM RAILROADS.
UNION RAILROAD STATION-Continued.
Page.
Report of Mr. McMillan, from the Senate Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, first session) to
provide for a union railroad station in the District of Columbia
212
Report of the Commissioners of the District of Columbia on the bill (S.
4825, Fifty-seventh Congress, first session) to provide for a union rail-
road station in the District of Columbia
216
Supplementary report of the Commissioners of the District of Columbia
on the bill (S. 4825, Fifty-seventh Congress, first session) to provide for
a union railroad station in the District of Columbia
227
Report of Mr. Babcock, from the House Committee on the District of
Columbia, on the bill (S. 4825, Fifty-seventh Congress, second session)
to provide for a union railroad station in the District of Columbia
246
Letter from President A. J. Cassatt, of the Philadelphia, Baltimore and
Washington Railroad, relative to cost of new terminals
253
Letter from President L. F. Loree, of the Baltimore and Ohio Railroad
Company, relative to cost of the new terminals
255
Provision suggested by the Commissioners of the District of Columbia
relative to damages
258
WASHINGTON, ALEXANDRIA AND MOUNT VERNON (ELECTRIC) RAILWAY Com-
PANY, use of Long Bridge by
134
WASHINGTON, ALEXANDRIA AND GEORGETOWN RAILROAD COMPANY (see also
Alexandria and Washington Railroad Company; Washington and Alexan-
dria Railroad Company; and Alexandria, Washington and Georgetown Rail-
road Company), act of the Washington council, approved May 24, 1866,
granting certain privileges conditionally to the Washington, Alexandria and
Georgetown Railroad Company
58
WASHINGTON CANAL COMPANY:
Act of May 1, 1802
3
Act of February 16, 1809
3
Act of May 20, 1826
8
Act of March 2, 1833
10
Extract from sundry civil appropriation act approved-
March 3, 1849
12
March 3, 1851
13
July 15, 1870
16
April 20, 1871
16
June 10, 1872
17
June 23, 1874
17
WASHINGTON CITY AND POINT LOOKOUT RAILROAD COMPANY:
Act of January 22, 1873, to authorize the Washington City and Point
Lookout Railroad Company to extend a railroad into and within the
District of Columbia
89
Act of June 23, 1874, supplementary to the act to authorize the Washing-
ton City and Point Lookout Railroad Company to extend a railroad into
and within the District of Columbia, approved January 28, 1873
94
WASHINGTON SOUTHERN RAILROAD COMPANY, act of March 3, 1893, granting a
right of way through the Arlington Reservation for railroad purposes
113
WASHINGTON AND ALEXANDRIA RAILROAD (see also Alexandria and Washington
Railroad Company; Alexandria, Washington and Georgetown Railroad Com-
pany; and Washington, Alexandria and Georgetown Railroad Company), act
of the Washington council, February 8, 1855, guaranteeing the certificates of
said railroad to the amount of $60,000
51
WASHINGTON AND SANDY SPRINGS NARROW GAUGE RAILROAD COMPANY, act of
March 2, 1889, to incorporate the Washington and Sandy Springs Narrow
Gauge Railroad Company
104
WASHINGTON AND WESTERN MARYLAND RAILROAD COMPANY, act of March 2,
1889, to incorporate the Washington and Western Maryland Railroad Com-
pany
108
WINTER, KATE, act for the relief of
116
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