!• • •, . , , ■ ' ' ' ' 'j •' > ■ - ' ! • • ' .t ■ . 'ss> i I'd iS<:sstoa. f o^NATE. ( Document I No. 220. FEDERAL AND LOCAL LEGISLATION RELATING TO CANALS AND STEAM RAILROADS IN THE DISTRICT OF COLUMBIA, 1808-1903. COMPILED BY CHARLES MOORE, Clerk.of the Senate Committee on the District of Columbia. WASHINGTON: government printing office. 1 903. SKETCH OF THE UNION RAILROAD STATION PROVIDED FOR IN THE ACT OF FEBRUARY 28, 1903. Daniel H. Burnham & Co., Chicago, architects. 57th Congress, 2d Session. SENATE. f Document I No. 220. FEDERAL AND LOCAL LEGISLATION RELATING TO CANALS AND STEAM RAILROADS IN THE DISTRICT OF COLUMBIA, 1802-1903. COMPILED BY CHARLES MOORE, Clerk of the Senate Committee on IKe District of Columbia. WASHINGTON: government printing office. 1 903. Ni \'\E CM. 4*. UJ3 UT ? ?ryhtthetwend the act aforesaid, to take and continue a canal, from ty-first section of any point of the Chesapeake and Ohio canal, to any other the president* is point within the territory of the District of Columbia, or skii1uFUcommiese- through the same, on application to the President of the sioners of the United States, by the. executive of the state, the President coipsd ofSFngi-is authorized and empowered to depute three skilful com- missioners of the United States' corps of engineers, to the route of said . . r & ■» canal. survey and examine so much ot the route or 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. Can of ^orrfpan y ^ enaCcd ty the Senate and House of Representatives authorized to in- of the United States of America, in Congress assembled, That oFthe washing1- ^ 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, na? company.°a ^EG- 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. 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 the Secretary of the Treasury be, and he is hereby, au- united states! m thorized and directed to subscribe, in the name and for the ^ares fof use of the United States, for ten thousand shares of the the capital stock capital stock of the Chesapeake and Ohio Canal Company, peakehandCohfo and to pay for the same, at such times, and in such pro-Canal company. Eortions, as shall be required of and paid by the stock- olders, 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, art of the sum, so subscribed for the use of the United tates, 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 thewhole section aforesaid, a breadth, at the surface of the water, of not less than sixty feet, ana 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- secretaryofthe tary of the Treasury shall vote for the president and di- ^ ""present? rectors of the said company, according to such number of panyofAccording shares as the United States may at any time hold in the to thé number of stock, thereof, and shall receive, upon the said stock, the forareth^urunued proportion of the tolls which shall, from time to time, be state3- 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 juiy 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 igActof May 23, oftheUnited States of America, in Congress assembled, That Assent of the the assent of the United States be, and the same is hereby, ^iet^dt0 Satattas£ given to an act of the General Assembly of Maryland, Maryland. 10 CANALS AND STEAM EAILBOADS. 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, 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. the6Treasury to Be it enacted by the Senate and House of Representatives paty to 0f the United States of America, in Congress assembled, That ton. ° ^ ing 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 1832° ch* ii3y 31, an 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. toPbe'iCencTosed . ®EC- 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 canals and steam railroads. 11 roads for intercourse and recreation: Provided, That there 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 enacted, That there be paid 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 Columbia. Be it enacted by the Senate and House of Representatives 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 entirë 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 tocdepositeiothe Secretary of the Treasury, shall execute the duties pre- 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 Cojnpany, 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 Représentatives 8^ay 23> of the United States of America in Congress assembled, That Actoi General the act of the General Assembly of Virginia, entitled "An p^S^nhFeb.'i act further to amend the act incorporating the Chesapeake 1829'assented ta Proviso. Appropriation. May 20,1836. 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. 12 - CANALS AND STEAM KAILK0AD8. 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 withai Sec. 2. And be it further enacted, That if any person or edfyf&cT,' injur- persons shall, within the District of Columbia, wickedly, p^kehand ohfôor maliciously, do injury to the Chesapeake and Ohio canal, its em- canal, its embankments, walls, moles, tow-paths, bridges, Uabîetofinè.'&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 tine 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 , • t i j t il j 1 tbe marshal of tions or land for the use and purposes or 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. CANALS AND STEAM RAILROADS. 13 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, ism. 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.s,i86i. 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 Américain Congress assembled, That The chesa- "The Chesapeake Bay and Potomac River Tide-water g£na! company Canal Company," incorporated by the general assembly of ^naUo'lnlcoS the State of Maryland, at the January session thereof, tia Kiver; eighteen hundred and sixty-six, by an act entitled "An act to incorporate the Chesapeake Bay and Potomac River 14 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. h may take and Sec. 2. And le it further enacted, That the said com- necessaryropefor pany are hereby authorized and empowered to take, pur- tkm er0fC0 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 Proceedingsbe connected with said extension. And where the said where land can , ,, . , , -, . , 1 j j not be pur-company shall not be able to procure such real estate by ownM'is°undèrpurchase 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 chièf 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 damages.681 °f °f 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 court of the District of Columbia at its next term after the return of said report, unless for cause shown to the be^se^Sde.ma^ 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- siOTieandCinmSsi turned, filed, and confirmed, or set aside. And such corn- Son from Sme to mission and inquisition shall be renewed as often as may tlme- be necessary, until the inquisition made shall be confirmed. CANALS AND STEAM RAILROADS. 15 Such inquisition shall describe the property taken by metes t0PbePdescribed and bounds, and the valuation thereof shall be paid or and valuation tendered within ten days after the confirmation of suchpaid' 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 enter upon, use, occupy, company to and enjoy any property so valued during its corporate fnqu&itionSe8 °f existence, and all expenses incurred by such inquisition shall be paid by said company. Sec. 3. And he it further enacted, That it shall be law- j»118 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 he it further enacted, That the said canal gTa^be extension, when completed, shall forever thereafter be îîchighway?" 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 he it further enacted, That the said com- erptubU® f pany shall permit all public property belonging to the united states to United States to pass through said canal extension free of ^°tonsough free all charge or toll; and the said company shall, from time companywhen to time, as may be required, lay before Congress a just congress an^ac- and true account of their receipts and expenditures on said ^nt ofe^epcee^j3 extension, with a statement of the clear profits thereof, tures, &e. Sec. 6. And he it further enacted, That, subject to the CharterStonapp°y aforesaid provisions of this act, all and singular the pro- to extension, visions of the aforesaid act of the general assembly of thesubjecti &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 he it further enacted, That this act shall be ^Açt t°ctbean« deemed a public act, and shall take effect and be in force PhenCtoatekeaef- from and after its passage, and shall be subject to altera-fect- tion or repeal by Congress. Approved, July 26, 1866. 16 canals and steam railroads. WASHINGTON CANAL COMPANY. [Extract from sundry civil appropriation bill for year ending June 30, 1871.] July is, 1870. Sec. 5. And he it further enacted, That the mayor of the f or dredging" &c° Washington, the Secretary of the Interior, the com- cat canàfn^ton raissi°ner °f public buildings and grounds, the architect of ^o?.axvii, p. lo. the Capitol extension, ana 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 mayXbe 8]evied° 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. sai(j cjty, for defraying part of the expenses tnereof, and the sum of fifty thousand dollars is hereby appropriated Appropriation. out Qf 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 tne sale of any real estate, should any take place belonging to said howVtornbe eintcana'' ^he 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 in^rovemenu^ 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, i87i. gEC, 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 tne improvement of the Washington 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 CANALS AND STEAM RAILROADS. 17 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 Juneio,i872. 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 16>1882 flooding by reason of completing the dam at Great Falls, twelve thousand three hundred dollars. Approved, July 15, 1882. S. Doc. 220 2 NATIONAL AND LOCAL LEGISLATION RELATING TO STEAM RAILWAYS IN THE DISTRICT OF COLUMBIA. 19 NATIONAL AND LOCAL LEGISLATION RELATING TO STEAM RAILWAYS IN THE DISTRICT OF COLUMBIA. 19 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 of the United States of America, in Congress assembled, the constructing That the assent of Congress to the constructing a railroad a ra lroa ' 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 21 22 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, îateraïroaX f°r 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 &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 CANALS AND STEAM RAILROADS. 23 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, rn/1 ceedings°iorPap- be it enacted, That before the Baltimore and Ohio Railroad &c°n °f Company aforesaid shall proceed to construct any railroad an s' 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 propert}r, or materials, as to giving the said company a right to use the same 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 «aid °0th®£ company, in the construction of a railroad into or within obstructed. ° e 24 CANALS AND STEAM BAILROADS. 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 so to construct the said railroad across such established road, street, or other way, as not to impede the passage or trans- beWrovfdr -i A count of color. 01 COlOf. CANALS AND STEAM RAILROADS. 57 Sec. 2. And be it further enacted, That the said com- pany are hereby empowered to make such additionalth"ctprotoamac structure or passage way along either side of the Potomac bridee- 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 shall 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 avlnues^n1 r°- 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 speedoftravei. 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 Miiitay use of use or possession of said road or contemplated extension interfered0 with6 during the present rebellion, or to any claim for damages or indemnification therefor. Sec. 4. And be it further enacted, That the said com- Re,al and per- ' son ft 1 pstfttp or 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?" a 63 effect from the time of its passage. Approved, March 3, 1863. 58 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. 77 'J ' 7 7 '7 7 7 77 \en and hoard of common council 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 Mainland 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 he 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 he 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 bona 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 consent of this corporation is canals and steam railroads. 59 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.) 60 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,eh. 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 Alexandria4 and °fUe United States of America in Congress assembled^ That GeorgetownR.R. the Washington, Alexandria, and Georgetown Railroad its'roaY toXtcond Company, a corporation lawfully succeeding to the char- Fngton brancifof ^er' rights_, and privileges of the "Alexandria and Wash- Baltimore andington Railroad Company," be, and the same is hereby, °Rou^eo£rexten-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 i-adius, 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, certein^sections Sec. 2- And be it further enacted, That the provisions of former act ap-of sections three and four of the act to which this is an extension!0 thls amendment shall be applicable to the extension of said road bi?aaw °r °ther or bracks as hereby authorized, and that it shall be lawful canafe acrossforsaid 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- mt'ïused"e r fere with the navigation of said canal. And also to use may e use . 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. mate 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,a&°n ot such valuation and effect thereof, and of the view of any Jury. Notice. Proceedings as 68 canals and steam kaileoads. 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- gec> 3. And it further enacted, That whenever the tersecting streets ,, • ,1 . . • n i • a 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. ga^ raqroac^ from one part Gf 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 united^statest States within the limits of the city of Washington, for the S0on°offuscdere^ PurPoses °f locating or constructing the said road, or of upon or use . 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, wSwngton 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 ' Washington.^ m 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 he it further enacted, That the rate actu- tion.transporta" 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. canals and steam railroads. 69 Sec. 5. And be it further enacted, That the said com- mayemak?Pspey pany are also hereby empowered to make such special con- ciai contract For tract with any duly authorized officer or agent of the mail' andgtra£se United States for the conveyance of the mail, or the trans- £°rti"f ePersof^ portation of persons or property for the use of the U nited theûnttedstatéa 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 Wtt^ntieer'dS 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 company shall commence the said lateral road within two in two°y»r "and years, and complete the same with at least one set of tracks, f0°u™pl eted 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 fv/rther enacted, That nothing herein other contained shall be so construed as to prevent the Congress of corporations 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- Snies incorporated or to be incorporated by the State of aryland, or by Congress, or from authorizing, by any future law, such additional railroads or roads, in connec- ad™f«onaith0raiZh tion with the said road, so as to extend the same road, orroads or r°ads; 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 pregcribe the speed of cars or carriages passing over said road, and rules m to speed any other matters relating thereto, necessary for the se- theCasecuritya of curity of the persons and property of the inhabitants of property3 a n d the District, in such manner as to the present or any future Congress shall seem expedient : And provided, nevertheless, no rights given That nothing herein contained shall be construed to give Frlct the Dis~ any rights or privileges to the said company beyond the limits of the District of Columbia: And provided further, Act may be * ftltorcd or xg- That Congress shall have power to alter, amend, or repeal peaied. this act. Approved, February 5, 1867. 70 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 Aiexan consen^ Congress be, and the same is hereby, granted dria,e washing-to the. Alexandria, Washington, and Georgetown Railroad Co!' may RùféCompany to use steam power in drawing the cars of said steam power to company on the structure across the Potomac river, erected &caw 1 e r cars' 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. no. and along the railway now laid by said company, or which Voi.'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 o£ the use of such steam power as the corporation of Wash- mefke'r'eguj^! iogton may, by its ordinances, at any time impose upon, tions. or a£ 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, potomcRRCo That the Baltimore and Potomac Railroad Companjq which, may enter wàshi by the act of Congress entitled "An act to authorize the either1' of° 'two extension, construction, and use of a lateral branch of the routes. Baltimore and Potomac railroad into an d within th e 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 westwardlv to Virginia Avenue; thence along Virginia Avenue northwestwardly to the intersection of South C Street and West Ninth Street; or, canals and steam railroads. 71 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 C and West Ninth streets. Sec. 2. And be it further enacted, That in all cases where ^settiement^of the parties owning land or other property required by the damages. ot er 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 b^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 supreme 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 anbJ the clalm- 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 m£b(epro°™^ab^ construction of their said road as if the parties claimant construct the and the said company had agreed upon the compensation ttoappeaLupon* 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 bf' pIS0 bë- for the uses thereof, as if no appeal had been taken and the j°jfenproperty i3 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- 72 CANALS AND STEAM RAILROADS. supfeme'couit ofmore 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 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, effect"acttakea 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 hy the Senate and House of Representatives United States of America in Congress assembled, That company incor-James A. Magruder, John L. Kidwell, C. H. Cragin, p0[Act amended, John W. Thompson, Hallet Kilbourn, Alexander R. Shep- 1870,ch-m Post, ard, and William H. Tenney, of the District of Columbia, 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 bodjr 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 he %t further enacted, That the said corpo- porat on. 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 waiio cation aqueduct bridge, in the city of Georgetown, or at some phi6lfd' Fost' 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 brancn 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 CANALS AND STEAM RAILROADS. 73 to construct the said road, the grades of the road to be app™vtd to be 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"'1 Union some point between Third Street west and Fourteenth Street west, in Washington city; also a similar depot at otherdcPot- some convenient point in Georgetown, near the said aqueduct. Sec. 3. And le it further enacted, That the capital stock ^a^J)st^ck' f of said National Junction railway shall consist of five thou- sharesmandrhow sand shares of one hundred dollars each, which shall in alltransferable- 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 le it further enacted, That it shall be law- b(J"Pmo rfe y fui for the said National Junction Railway Company, if s"curedb mon deemed necessary, to borrow from time to time sums of gage*e&c.y mor 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 le it further enacted, That the persons g cBr^jf°^ subj 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, JoBi^e 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 ele"tSB®ctors of 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- deuver0™1 direc¬ tors shall deliver to the said directors the books of sub- î^kssu&£ription scription to the stock of said National Junction Railway Company, together with the amount paid thereon, with a 74 canals and steam railroads. full report of their proceedings under this act, and there¬ upon the duties of the corporators hereinbefore named snail cease and determine forever; and thereafter the said suDcceessorsanto^"ec'ors' their successors or assigns, shall constitute constitute the the said body politic and corporate. The directors thus t he i r\ e r m *o f° of - chosen shall hold their office for one year and until others flee. 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 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 holders1 stock" 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. .• i , 1 ,y ,. . , J j • i 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 non0r£atUmen°trsa^ board may forfeit said stock for non-payment, and &c. aym n ' 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 y>f com¬ petent jurisdiction, may purchase ®E0, ^ farther enacted, That the said corpo- and hold real ration is hereby empowered to purchase, lease, receive, and 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- seSton tafkeprop- enter upon, take possession of, and use all such real erty, necessary, estate and property as may be necessary for the construc¬ 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, when the are n0^ donations, shall be purchased by said cor- ration and own- poration of the owner or owners of the same at a price to can °notr°agree . mu dually agreed upon between them; and in case of a upon the pnee. disagreement as to price, the said corporation, or the owner or owners of such real estate or property, shall Petitions t0a^P^ by petition to a justice of the supreme court of the court! lon8 ° District of Columbia, particularly describing the property; CANALS AND STEAM RAILROADS. 75 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, ^ommission- 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 repa™ages and 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 trover the3re- 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 shall order or decree, particularly describing said real Court.ree ° 1 e 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 WhenCrecorded!e 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 uèe and for the pur¬ poses hereinbefore described. In case any married woman, Sons unî/efdisa- infant, idiot, insane person, or non-resident of the district binty. 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. 76 CANALS AND STEAM EAILEOADS. to^he" property Sec. 8. And le it further enacted, That if any person of the company, shall wilfully do or cause to be done an[y] act or acts what- or,n&chedbyfine' 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 le it further enacted, That said company sive8right nfcar" shall not grant to any railroad or other corporation the ry freight or pas- exclusive right to transfer passengers or freight over said seEquai privi-railroad; but any privilege granted to one corporation leges to aii. shall be extended to all who may make application for such riCht3 nôtrto be P"v^e£e on same terms, conditions, and rates, and sofa to,n&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 le it further enacted, That the said cor- 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 le it further enacted, That Congress shall regu a ares. ^ave 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. altered &c7 be Sec. 12. And le 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. °1 the Baltimore and Potomac Eailroad, 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. AVhereas a charter was granted by an act of Congress, approved February fifth, eighteen hundred and sixty- CANALS AND STEAM RAILROADS. 77 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 i87o, ch. of Washington; and whereas under the said act the time U2post W1 f for the completion of said lateral branch was within four supplementary years from the passage of the act, and as the work on the 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-p£5ed.f act re' timore and Potomac railroad into and within the District of Columbia be, and the same is hereby, repealed; and the pletonateîai time for the completion of the said lateral branch of the j^anch extend- 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- th^ pany, if it shall so elect, is hereby authorized to adopt aingtony° as " line in the city of Washington from some point west of S,cph'i2' 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, ana 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 bas 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, «fee., and the other by North Caro¬ lina and Virginia avenues, «fee. ; 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 78 CANALS AND STEAM EAILEOADS. to construct their railroad upon the Virginia avenue and K street route, in conformity with the accompanying plat: Therefore, Be it resolved by the hoard 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 cm 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 northwestwardly 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, oh. 29. Construction, Extension [Extension, Construction] and Use of a Vol. xiv, p. 887. lateral Branch of the Baltimore and Potomac Railroad Company ch-2- into and .within the District of Columbia," approved February five, 1870, ch.'32. eighteen hundred and seventy [sixty-seven]. Ante, p. 78. Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled of Baltimore and That the Baltimore and Potomac Railroad Company be, road^a beex-an4 ^ey are hereby, authorized and empowered to extend tended, Mid con- their lateral branch, authorized by the act to which this is nect, &c.; a SUppiement, 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 Bridyeuse Long ®tate 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, be\0epgtfnrrepair°in perpetuity free of cost: Provided, That the said Balti- and free for °rdil more and Potomac Railroad Company will maintain in nary rave. g00(j condition the said bridge for railway and ordinary travel; and the bridge shall at all times be and remain a canals and steam railroads. 79 free bridge forpublic 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 ^Sut^cos^td damages to the present bridge, and maintain it without cost th e°uu nTt e d 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 pa™ Oxbridge! agreed upon, or Congress prescribe. Sf.c. 2. And be it further enacted, That if the said Bal¬ timore and Potomac Railroad Company shall at any time m™[ekde states neglect to keep said bridge in good repair, and free forsion of bridge if public use for ordinary travel, the government of the pair, free, &c.re" United States may enter into possession of the said bridge; and Congress reserves the right to alter or amend this This act may 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. 1869i ch. 5. Ante, p. 3. Be it enacted by the Senate and House of Representatives of the United States of Américain Congress assembled, That the second section of "An act to incorporate the National Location of Junction Railroad Company," approved March twenty- junction atiS5i ninth, eighteen hundred and sixty-nine, be so amended changed°mpany 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 80 canals and steam railroads. the eastern branch of the Potomac river, at 01* 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 011 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. d e p ot at Also a depot at some convenient point in Georgetown near Georgetown. Aqueduct. thBridIesaaCakS ^EC- And be it further enacted, That whenever the and ohiTcanai! said railroad shall cross the Chesapeake and Ohio canal, or Constructed1.0 be 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 tneir branches. Right of way Sec. 3. And be it further enacted, That the right of way grades clofe mil-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- lg67 ch 29 struction, and Use of a lateral Branch of the Baltimore and Potomac Vol. xiv, p. 387. P- h- 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, Potomac0raiu ^ the Baltimore and Potomac Railroad Company be, road company and they are hereby, authorized to erect over their tracks sTngéfdepot011 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 Stieet produced, thence by last-mentioned line northward to a point, thence by line parallel with and forty feet distant OANALS AND STEAM RAILROADS. 81 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 of east 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 nic^af'auth^ri- the city of Washington or of the District of Columbia be ties to be first ob- first obtained to the erection of said depot. Approved, March 3, 1871. GRADING MARYLAND AVENUE. AN ACT to regulate the grade of Maryland avenue from the end of „A P, P„r,°* ®,'£ the Long Bridge to Twelfth street. ^[fL3; ^(16 Be it enacted by the Senate and House of Representatives of the United States of Américain 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 frade of one and seventy-five one-hundredths feet per one fand avenue.ary undred 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 agg° t^apyr0per™y by the owners of any property on said avenue, or on the°wners- 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 made under the supervision of the proper municipal der supervision authorities of the city of Washington or of the District of ?horities?ipal 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 82 CANALS AND STEAM RAILROADS. JOINT RESOLUTION giviug 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 Pennsylvania Railroad Com- Sany at Lancaster, Penn. : And provided further, That the act approved larch —, 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. 16Q. canals and steam railroads. 83 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 or 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 ana 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 84 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. Arid le 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 le 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 Works 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 le it fv/rther 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 ly the legislative assemlly of the District of Columlia, 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 CANALS AND STEAM RAILROADS. 85 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, ça rS,yCex'tmid That the Baltimore and Potomac Railroad Company shall jnn have the right to extend its track from Virginia avenue city; mg °n 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, so far as the United States can so provide, have the right to hold, use, and occupy the said grounds for the purpose r^ua^sfeor of constructing thereon a passenger-depot, to be used by |assenger?&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 theapphed- 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 be constructed as flat rails, like those used by street-rai I 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 wheu,s&c.et' 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 CANALS AND STEAM RAILROADS. 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 said company: Provided, That the said company shall pay 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 vo7]' xiv 29 ' 387* aPProved February fifth, eighteen hundred and sixty-seven, "x v'p' ' 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 ana 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 riagmenat provided further, That while trains are moving to and when, &c. ' from Virginia avenue, along Sixth street and said depot, the said railroad company shall keep flagmen at the several cny reguia- street-crossings to warn people of danger; and all provi¬ ens rati e . sjons Qf tjje boar(i 0f aldermen and common council of the city of Washington not inconsistent herewith ai-e hereby former act ^ ratified: Provided further, That the act of Congress ap- ingTsite for a11^ proved March third, eighteen hundred and seventy-one, paasenger depot. granting a site for a passenger-depot to said railroad com- voi/xvty.685. pany upon Virginia avenue is hereby repealed, to take be repealed?ay 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 tracks andde? rePea^ 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 noi'th. Approved, May 21, 1872, 86 Grade. Damages to owners of pri¬ vate property; CANALS AND STEAM RAILROADS. 87 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,ing'themstriot That the act of the legislative assembly of the District of ot Columbia to Columbia entitled "An act to authorize a subscription to stock ot'the the stock of the Piedmont and Potomac Railroad Companj p^Sac 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 theUstockPt'on t0 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 nundred 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, AlexandriaLand 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 arid House of Representatives &The orange, of the United States of Amerrica in Congress assembled, may carry pas- That it shall be lawful for the Orange, Alexandria, and f®eifhun the Manassas Railroad Company, a corporation chartered under n^trict of co- the laws of the State of Virginia, to exercise its functions *um ia" 88 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 may run trains over bridge which has been constructed by the Balti- over bridge of more and Potomac Railroad Company across the Potomac îïTiToe' 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 Maryland and operate said bridge; and the said Orange, Alexandria, a ' " 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. stree(-g 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- certaincosttobeandria, 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: lish1!dVot^on3" Provided further, That nothing herein contained shall &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 gerUfaareesanden" the rates of fare collected by said company from passen- freightcharges, 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 ton'tobe'taxedf 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. ma'^thetun8 ^ec. That said railroad company shall give to other may use e - rajlr0ad companies connecting therewith the right to pass CANALS AND STEAM RAILROADS. 89 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, &e. 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. Whereas it is represented to this present Congress that Preamble' the Washington City and Point Lookout Railroad Com¬ pany, organized on the twenty-fourth day of February, eighteen nundred 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, Washlngton That the Washington City and Point Lookout Railroad city, &c., Raii- Company shall be, and they are hereby, authorized and may extend us empowered to extend their railroad into and within the gStrict'o/co- District of Columbia, to a point on the Eastern Branch of lumwa. 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- the°co^o'ration°f 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 thé said branch road. 90 canals and steam railroads. ari^'materiaisfor Sec. 2. That before the Washington City and Point construction of Lookout Railroad Company aforesaid shall proceed to con- talnedby 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 uieTand^not judge of the supreme court of the District of Columbia, 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 Igès;6 the dam 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. yided, 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 nave canals and steam railroads. 91 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 Eondng t0 8176 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 receivo 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, ac., struction of their railroad within the said District, as au- the'rafiro^"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 1 . j • ,l -, , j n 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 Nt°hloItI°^ri?d the United States, within the limits of the cities of Wash- states® within, ington or Georgetown, for the purpose of locating or con-&c-'t0 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, in^^hi°fgrtond in passing into said cities of Washington or Georgetown, and georgetown, shall pass along or through or across such street or streets or alleys 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 COnn™pt*vythiay City and Point Lookout Railroad Company may connect other railroad, within said District with any railroad or canal company °"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- tonban8d tral- 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 92 canals and steam railroads. within said District conveyed a shorter distance than four ia™dybyecon-u 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 Conve ance of District. themafiTand ° Sec. 6. And the said company are also hereby authorized united states? an(t 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. beKcommeDc°d° 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- iege™tootfterVi" m'ne- 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 ^ct may be ai-Congress may deem 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 oftheir engines to ring the bells of said engines or cause mg 3ofanwhistiS 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 f°r 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. canals and steam railed ads. 93 Sec. 3. And be it further enacted, That it shall be 8t®^rugtionu°f unlawful for any railroad company running its tracks loading freight^ through any of the streets or avenues of the city of Wash-etc',prohlbUed- 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 ier than i, ■ Tracks to be . , Utimore 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, Pr07lS0- 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.) 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 Bejrresentatives of the United States of Américain Congress assembled, That Q p io'Xiuroad the Baltimore and Ohio Railroad Company be, and it is company may hereby, authorized to construct a lateral road, from any b?an?hr?oad in point On its Washington branch one and a half miles north Columbia™1 °f 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 p,Te° 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- propertynment lie Buildings and Grounds. BALTIMORE AND OHIO RAILROAD COMPANY. 94 canals and steam railroads. Location to be Sec. 2. That all the provisions of the several acts of approved by, &c. Qongregg to the lateral road authorized to be built Application of into and within the District of Columbia by an act passed acts.tain other March second, eighteen hundred and thirty-one, entitled mi, ch.85,vol. "An act to authorize the extension, construction, and use v,p 476. 0f 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. fheref05 ghail 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 ai-constructed. This act may be altered, amended, or re- Seaafelnded'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 xvn, 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 Look oud ifaTi'- Company may enter the city of Georgetown with their maydenterPandra^roa(^' an<^ may construct the same within the limits of construct road said city on and by the following route: Beginning at a Georgetown. of 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, Riverfotomao uPon plans and specifications to be first approved in writ¬ ing by the Secretary of War; and also to construct a nextwHh wash"branch railroad outside of the limits of the city of Wash- fngtonWnchof ington to connect its road with the Washington branch of oti'ioRaifroad?dlire Baltimore and Ohio Railroad; Provided, That the rout0eCtotibena°f^oca^on route herein defined shall be subject to the proved'by engm-approval of the engineer in charge of public buildings and public butufings 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 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 £rty oTrighte°of consent of said Chesapeake and Ohio Canal Company and ohiTcana! its lessees is first had and obtained: And provided further, company. ana that said Washington City and Point Lookout Railroad Company shall establish a depot at some point in George- ta^Pished6 in town on Water street, between Rock Creek and the Aque- Georgetown. n 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 co^®tnJoadi^in so that wherever it shall cross any public road it shall fngton °to cross cross the same by an overgrade or undergrade crossing, ovberCgr°ade 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 brid®e- said tunnel shall be located and constructed in accordance with plans and specifications to be first approved in writ- pianaandspec- ing by the engineer in charge of public buildings and approved. to be grounds. Sec. 2. That the Baltimore and Ohio Railroad Company 0®foXu1road shall have the right to use the tracks of said Washingtoncompanytohave City and Point Lookout Railroad Company to be laidtwe°enracertain 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 ai- at any time, and all rights and privileges herein conveyed OTrrepea™dnded' to said Company shall cease and determine unless the said Rights to cease Company complete its road hereby authorized to George- w'î'thin'^hree 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. to recommend a proper site for a Union Railroad Depot in the Dépôt"1 citytf 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, That the Commissioners of the District of Columbia be, 0f the DistricTof and they are hereby, authorized to recommend a suitable site for a Union Railroad Depot for all the railroad com-mend site for, panies whose tracks enter or terminate in said city, having congr^port t0 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 96 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. Maryland1 Rail" Whereas, It is represented to this present Congress that road company the Southern Maryland Railroad Company, organized Intoandwithinunder the provisions of the act of the general assembly Columbia"01 o£ the State of Maryland, entitled, "An act to incorporate preambie. 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°ription 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 CANALS AND STEAM RAILROADS. 97 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 aJPowere,frights, same restrictions, in the extension and construction of their an pnvi eges' 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 f rom and to the terminal points hereinbefore indicated. Sec. 2.—That nothing herein contained shall be so con-1 i?|mesoidi^-s! strued as to authorize the said companj7 to enter upon and Home, or any take any cemetery, or any part of the property known as KSKed '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 Districtnectlon9' 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 m cross- grade of said road. ing other roads. Sec. 3.—That the said Southern Maryland Railroad fr^01^ etc., for Company may charge and receive for tolls and transpor- re's s' 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 ^o^ommence the construction of said railroad within one year, and shall year, and com- complete the same, with at least one set of tracks, within yewYffom"pas- two years from the passage of this act, then this act andasge of act- all rights and privileges hereby granted shall cease and determine. Approved, June 27, 1882. S. Doc. 220 7 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. Augusti3,1888. 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 Américain Congress assembled, That Baltimore and the Baltimore and Potomac Railroad Company is hereby roadmacompany granted permission to extend a side track from the main may lay track line of its track, in the city of Washington, into square waVhYngVon'i number ten hundred and 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 arc hereby expressly re¬ served. Approved, August 13, 1888. RICHMOND AND DANVILLE RAILROAD COM¬ PANY. August27,1888. 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 iumbia.ct °£ Co~ of the United States ofAmerica in Congress assembled, That Danvnîe°netc- 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- Sonera!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 flces- 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 Liabnny of be individually liable for all the debts and liabilities of8 c ° ers" 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 }mar, as shown by said verified statement, which amount shall be 104 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: JProvided, Tracts. 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 euno s rue e . g£reej.g anc| highways shall be and remain open to the use of the public. Amendment. gECi That this act may at any time be altered, amended, or x'epealed 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 Américain Congress assembled, That spring SNarrow Henry M. Baker and A. G. M. Prévost, of the city of comnan^inco^ Washington, in the District of Columbia, and J. L. Hus- porated. band, G. G. Kimball, H. Maurice Talbott, O. P. H.Clark, incorporators. ^ q g 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 seal, 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- iiM°cation ofpurtenances, 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 CANALS AND STEAM RAILROADS. 105 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 8tock 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 ln. 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- Commissioil_ porators they shall select seven of their number as a board era. 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 aubscribin&- 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 so 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 secretaiy shall 106 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. ers.Tte™ pow~ 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- ^e necessaiT i°r 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- P* CSCribe. 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 CANALS AND STEAM RAILR0AD8. 107 railroads from its main line as Congress may hereafter grant authority. sec. 8. That the said railroad may be constructed with 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 commissionex;s of the District of Columbia. sec. 9. That said Washington and Sandy Spring Nar¬ 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 {iroof and notice of its legal execution and effectual de- ivery 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 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 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 jufymmoning 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 byc°"ryemnation 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 bjr the corporation, and also, if the same be land required for the construction of the said railroad or work, the damage which the owner Construction. Bonds. Completion. Securing lands 108 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 ?e.P?n of in" the corporation. Such inquisition and report shall be returned by the marshal to the clerk of the circuit court of the District of Columbia. (^proceedings in gEC< ^ 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 gEC< 25. 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 Representatives of the United States of America in Congress assembled, That andaswestern Thomas Dowling, H. P. Gilbert, Austin Herr, G. S. Dun- ro!dylaCommny 1°P' J- ^' Wash, T. L. Cl'Opley, F. A. Miller, of the Dis¬ incorporated. trict of Columbia; L. P. Wright, of the State of Illinois; incorporators. jrrank 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 canals and steam railroads. 109 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 theroad- bank of the Chesapeake and Ohio Canal and the Potomac River to the District line at or near the Chain Bridge, as may hereafter 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 be tracks of said company shall be deemed and taken to be pubnc highway6 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¬ 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 consist of two thousand shares, at a par value of fifty dol¬ lars per share each, 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 shall be held within twenty days from che passage of this mee mg' 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- t • CI 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 ^Ascriptions the capital stock of said corporation: Provided, That the °Prmiso. 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 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 Compensation. Capital stock. Preliminary 110 CANALS AND STEAM EAILEOAD8. 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 ; îctors. an(j at gucji ejection 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- ectors. 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 Qg- 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 canals and steam railroads. Ill 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 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 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 double tracks or single tracks, as the said corporation shall deem proper; and as may be approved by the Commis¬ 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 which shall be necessary for the purpose of its incorpora¬ tion; but the land which it shall bave 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 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 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 years from the passage of this act. Sec. 11. That the said corporation shall have authority to make contracts, connections, and arrangements witn other railroad companies for the thorough transportation Construction, etc. Maximum charges. Commissioners of District to ap¬ prove construc¬ tion. Wharves. Bonds. Provisos. Issuance. Commence¬ ment and com¬ pletion. Connection, etc. 112 canals and steam railroads. of property and passengers, and to make leases, with such connecting railroads, ip^roming Sec. 12.' That if the corporation can not agree with the ricondemnation 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 âgés by jmry!11111" 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 x'equired 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 accox-dingly 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 x*eport shall be returned by the marshal to the clerk of the circuit court of the District of Columbia, confirmation Sec. 15. That such inquisition and report shall be con- by the court. f[rme(j 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 vest°mCorpora" court- Upon such confirmation of the first or any ' tion 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 propei'ty or such estate, interest, or use as shall have been valued and described in the inquisition and x-eport, for the pur¬ poses hereinbefore specified; and the corporation shall canals and steam railroads. 113 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 Seriate and House of Representatives z 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- of0' way 'through ate its railroad across the grounds of the United States Arlington ReBer- Government, known as the Arlington Reservation, in the State of Virginia, opposite the tity 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 revefthtto "u.Y s° cease to be used for the purpose aforesaid, the same shall when^ ureases revert to the United States Government, and said roadR.R. purposes, shall be commenced within one year from the date of the^oadUobecom- passage of this act and finished within three years: Pro- Sfdcompietedta vided further, That before this act shall take effect thethree years- Secretary of War shall cause to be assessed the damage, aJ^^how be 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 8 114 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, p^omac°rR a II ^ the construction, maintenance, and use for railway road sidings,etc., purposes of the turn-outs and sidings of the Baltimore and d. c^amay'bePotomac Railroad Company, now extending from its line -do,etc.p ^ between the Anacostia or Eastern Branch of the Potomac voi.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 de's'ffnTfedseven hundred and thirty-seven; square seven hundred squares. an(j thirty-nine; square six hundred and ninety-live; 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- tionreet 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 grànt'ukefaciîbof the District of Columbia, and they are hereby author- ties elsewhere. jze(j an(j 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, uch side-tracks or sidings shall be laid and maintained under the direction of said Commissioners, and in such tionreet obstruc" manner as shall least obstruct the use of the public streets Revocation ^or 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- !fy°dforybus°inest 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 CANALS AND STEAM BAILKOADS. 115 of ground in the city of Washington south of the line of et£escription> 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 sidetracks, 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 ob' for ordinary purposes. The right to remove such tracks Removal of is hereby reserved to Congress. And in case said companytrack8' 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-procee ing3' bered from six hundred and forty-eight to six hundred and sixty-three, both inclusive, of the Revised Statutes, r. s.D.c.,sees. relating to the District of Columbia; but nothing herein648^63,pp 78,79' contained shall authorize the condemnation of any church e Excepted prop- or school property or property of the United States:ery' Provided, That nothing contained in this act, and no sTxth street expenditure that may be made by said railroad company ^ion 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, et£mendment' 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 Home of Representatives of the United States of America in Congress assembled, That the provisions of the Act of Congress entitled "An ufeoUanT'in Act supplementary to an Act entitled 'An Act to authorize square739, wash- the construction of the Baltimore and Potomac Railroad in Bam'morf and the District of Columbia,'" approved January nineteenth, Potomac Raii- ... , j j j • » -V, road revoked. eighteen hundred and ninety-one, so tar as the same au- voi.26,p.7i8. 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. 116 CANALS AND STEAM RAILROADS. CAB SERVICE, ESTABLISHMENT OF, BY RAIL¬ WAY COMPANIES, AUTHORIZED. Resolved 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 011 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 iumbiaCt °f °° Baltimore and Ohio Railroad Company, and the ter- Baitimore and minal company incorporated as provided in this Act, be 0EUmtaaUon of and each of them is hereby, empowered and authorized to constractionnSof l°eate, construct, maintain, and operate new terminals and 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- new0Cterm?na?s m'na^s an<^ terminal tracks shall occupy the streets, ave- 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 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 vaAtceces8rot0e?[i" railroad company shall have secured control of the prop-not%oprbpeLn 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 connecting vines and terminal tracks with the present lines of railroad of between termi- said Washington Branch and said Metropolitan Branch îines&n presen 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 ad]oining 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- firder bridge, or by masonry arches, to the north side of lorida 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,roundhou9es,etc- maintain, and operate, outside of the city limits and south of Y 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 118 canals and steam railroads. "Y" as far eastwardlyas 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 pu blic and closed to public use, namely: Q, R, Third between New Yorkavenue 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 Y streets snail 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 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, onMtstreet.ndse 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 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 C street, 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. CANALS AND STEAM RAILROADS. 119 The Commissioners of the District of Columbia are ci^ë'itreeta etc° hereby authorized and directed to cause all 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 carrying1 T and Y 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, Y 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 cng?Ic1ethouse.firc 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 aittona?°passeni or depot, to be located as hereinbefore provided, the Balti-ger,etc.,stations. more and Ohio Railroad Compan}', 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 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¬ trict as the Commissioners of the District of Columbia -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- m^AC»epnn,virtd chase, or condemnation, any land adjacent to any street or iiioy uo uc(|iiir6(i, i • i j i directed, ington, in the District of Columbia, as hereinafter provided, to wit: . Beginning at a point in its present tunnel under Virginia tr®ek1°catt^on of avenue near the intersection of Eleventh street southeast, 126 0 AN AI,8 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, Maryland 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. trVcksVfrom ^EC' That the said Baltimore and'Potomac Railroad canal'streetsnd Company 6e, and it is hereby, required to remove its pres- ana s ree . en^. eas£ern 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 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. station butid. passenger, mail, express, and other traffic in the city ofmg' 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, ai:d 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- toi street81 Capi 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 clroad brid&® 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 so 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, b new passenger authorized to enter into a contract with the Baltimore and ized.86 au or" 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 tbe 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 S£ycr0S3 n ge' Congress shall have the right to cross said bridge on such 184 CANALS AND STEAM RAILROADS. Mount°vemonterms 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, ^rmy. And jorovided 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- Passengertax. yided, one-half of one cent for each and every passenger carried across said bridge. plans to be submitted to district commissioners. to^approvepiana 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- wor°kmpletion ofmissl°ners 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 onnspectionC0Sts^a^ a^so 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. property a tZm- Sec. 14. That the property occupied by the Baltimore we. 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 —qua ca ion. macje^ or ievie(j on 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 CANALS AND STEAM RAILROADS. 135 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 Eights of sue- all rights, powers, and privileges granted to, or dutiescesslon- 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 otherfrossession of the said bridge; and Congress reserves the right to alter or amend this aw. 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 or 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 CANALS AND STEAM RAILROADS. 201 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 acres, the total acreage of the reservoirs and of the reclaimed land being about 739£ 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 Slates 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 20£ 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 202 CANALS AND STEAM RAILROADS. about 40.4 feet. On the upstream or northwest side 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 2£ 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 CANALS AND STEAM RAILROADS. 203 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 apd 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 rail way cars or engines shall not rest 204 CANALS AND STEAM RAILROADS. for any length of time upon the tracks of the said viaduct, bridge, or spans: And pro¬ vided 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 De 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 Baltimore and Potomac Railroad Company. Very respectfully, your obedient servant, Chas. J. Allen, Lieutenant- Colonel, 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, 1 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, majr appropriately be made. CANALS AND STEAM RAILROADS. 205 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 b}r 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- 206 CANALS AND STEAM KAILKOADS. 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 11 11 e Al street which it owned $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 nave 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. as its right of way. account of this work Very respectfully, Samuel Rea, Fourth Vice-President. canals and steam railroads. 207 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." 208 CANALS AND STEAM RAILROADS. 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 he 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. CANALS AND STEAM RAILROADS. 209 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 trades 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 11,394,500. _ 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 1250,000. 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 lor 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 14 210 CANALS AND STEAM RAILROADS. 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 nearl}r 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- canals and steam railroads. 211 ment that is not absolutely inimical to the comfort and business necessities of the ublic. A lightning express is quite incompatible with a green garden and singing irds. 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. 212 canals and steam railroads. Senate Report No. 982, Fifty-seventh Congress, first session. UNION RAILROAD STATION AT WASHINGTON, D. a 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 passengor 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 CANALS AND STEAM RAILROADS. 213 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 beforé 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 214 CANALS AND STEAM RAILROADS. 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 so much of the plaza as lies between the building line of Massachusetts avenue and the new station; and, also, that they CANALS AND STEAM RAIXROADS. 215 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 modiiication 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. 216 CANALS AND STEAM EAILBOADS. 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 Februarj' 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 CANALS AND STEAM RAILROADS. 217 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 OP 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 branchës 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 2L8 CANALS AND STEAM RAILROADS. 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 Y streets, crossing the Reform School grounds near the District line. 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. CANALS AND STEAM RAILROADS. 219 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. 220 CANALS AND STEAM RAITROADS. 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 CANALS AND STEAM RAILROADS. 221 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 222 CANALS AND STEAM RAILROADS. 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 businèss 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 CANALS AND STEAM RAILROADS. 223 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, 224 CANALS AND STEAM RAILROADS. 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 square yards sidewalk to be laid, at $1 19,103.00 152,681.30 CANALS AND STEAM RAILROADS. 225 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 15 226 canals and steam railroads. 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. Macearland, President of the Board of Commissioners of the District of Columbia. Hon. James McMillan, Chairman Committee on the District of Columbia, Senate. canals and steam railroads. 227 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 228 CANALS AND STEAM EAILEOADS. 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 CANALS AND STEAM RAILROADS. 229 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 6f 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- 230 canals and steam railroads. 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. canals and steam railroads. 231 HEARING AS TO PROPOSED TUNNEL UNDER CAPITOL HILL. Senate Committee on District of Columbia, Washington, D. G., 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, so 1 have asked the engineer officer of the District, Colonel Biadle, 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 anv 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 232 canals and steam railroads. 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 lam 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 tunnelj 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- OANALS AND STEAM RAILROADS. 233 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 sana 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 1 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 234 CANALS AND STEAM RAILROADS. through that tunnel and vet 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. Gkeen. 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 be? 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. canals and steam railroads. 235 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. 236 canals and steam railroads. Senator Clark. Are you familiar with the conditions in Baltimore where a tunnel has been driven through one portion of the city? Mr. Green. Tes, sir. Senator Clark. W e 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, 1 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 mat. 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. canals and steam railroads. 237 STATEMENT OF WILLIAM H. BROWN, CHIEF ENGINEER OF THE PENNSYLVANIA RAILROAD COMPANY. Senator W Ellington. 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 is alreadv 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 238 CANALS AND STEAM RAILB0AD8. 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, so 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? canals and steam railroads. 239 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 C 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, 1 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 so light that it won't bear the weight of a train. We have to support the tunnel 240 canals and steam railroads. 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 fenerally finished within a very few weeks after the excavation is nished. It follows fight 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 CANALS AND STEAM RAILROADS. 241 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 1 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 turvey 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. 1 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 nejv 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 16 242 canals and steam railroads. 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. 1 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? canals and steam railroads. 243 Mr. Biddle. Not if they were small joints. They have been doing that in New York right in the middle of the street 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. 4 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, ana 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 244 CANALS AND STEAM RAILROADS. 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 RaS- 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 traflic, 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 maybe 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. canals and steam railroads. 245 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 1^ 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,! 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 I 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 it 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. 246 CANALS AND STEAM RAILROADS. 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. Babcook, 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 Y street on the east side of the main track of its Metropolitan Branch Railroad ttf 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. CANALS AND STEAM RAILROADS. 247 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 he 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 so 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 248 CANALS AND STEAM RAILROADS. 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 so 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 1500,000 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 C street, 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 CANALS AND STEAM RAILROADS. 249 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 250 CANALS AND STEAM RAILROADS. 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 1- $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 CANALS AND STEAM RAILROADS. 251 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, so 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 6ite, 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. 252 CANALS AND STEAM RAILROADS. [First indorsement.] Was 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 thé 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 Root, 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.] CANALS AND STEAM RAILROADS. 253 Senate Committee on the District of Colnmbia. 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. Jf25, • United States Senate, Washington, I). 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 i9 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 254 CANALS AND STEAM RAILROADS. 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. CANALS AND STEAM RAILROADS. 255 The Baltimore and Ohio Railroad Company, Office of the President, Baltimore, January 81,1903. To the conferees appointed by the Senate and House of Representatives on Senate bill Jf *25 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 11,500,000, 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 he 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. 256 CANALS AND STEAM EAILEOADS. 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 Ecldngton. 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- 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, ana 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 17 258 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. V 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. 1-NK NOMWt PfTr.m, CO . PMOTO.I.ITMO.. 0 c 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 1 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 Ohio 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 22 259 260 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, leleasing 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 f>, 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 A.ct 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 Raiiroad 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 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 115 262 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 Act of May 24, 1828 Act of July 14, 1832 Act of May 20, 1836 1 Act of March 3, 1837 _ 1 Act of September 20, 1850 1 Extract from "An act to increase the water supply of the city of Washing¬ ton," approved July 15, 1882 1 Chesapeake Bay and Potomac River Tide Water Canal Company: Act of July 26, 1866 1 Damages, provision suggested by the Commissioners of the District of Colum¬ bia relative to _ 25 Freight, unclaimed 13 Garfield Park, use of portion of 13 Georgetown Barge, Dock, Elevator, and Railway Company, act of Septem- 26, 1888, to incorporate the Georgetown Barge, Dock, Elevator, and Railway Company 9 Georgetown and Catoctin Railroad Company, act of March 3, 1853, incor¬ porating the Georgetown and Catoctin Railroad Company 3; Grade Crossings, division of cost of eliminating 17 Long Bridge, use of, for railway purposes 7 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 Washington 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-s,eventh 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 137 264 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 u 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 o llll II 11 III III 3 5556 Jo 3 760730 This book is a preservation facsimile produced for the Northwestern University Library. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper) Preservation facsimile printing and binding by Acme Bookbinding Charlestown, Massachusetts 2009 039 347232 v -i.. • >!'n ' •îitPRloilouoi'i 'v '. ■•■■ii',vÀ!l'' ■ çè'fcVifeAfij