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Full text of "Laws relating to street-railway franchises in the District of Columbia [microform]"

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Author: 



United States. 



Title: 



Laws relating to 
street-railway franchises 

Place: 

Washington, D.C. 

Date: 

1905 



MASTER NEGATIVE # 



COLUMBIA UNIVERSITY LIBRARIES 
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BIBLIOGRAPHIC MICROFORM TARGET 



ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD 




District of Columbia. Commissioners. 

Laws relating to street-railway franchises in 
the District of Columbia, comp, in the office of 
the Commissioners of the district of Columbia 
and printed under authority of the resolution of 
Congress passed March 12, 1896. (Recompiled and 
indexed by Daniel E, Garges, secretary to the 
Engineer commissioner ;of the District of Columbia 
I^rch 4, 1905.) Washington, Govt, print, off., 

1905. 

V, 299 p. 23-^'". 



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LAWS 



RELATING TO 



STREET-RAILWAY FRANCHISES 



IN THE 



DISTRICT OF COLUMBIA. 



' f > 



COMPILED IN THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT 

OF COLUMBIA AND PRINTED UNDER AUTHORITY OF THE 

RESOLUTION OF CONGRESS PASSED MARCH 12, 1896. 

(RECOMPILED AND INDEXED BY DANIEL E, GARGES, SECRETARY TO THE 

ENGINEER COMMISSIONER OF THE DISTRICT OF 

COLUMBIA. MARCH 4, 1905.) 



WASHINGTON: 
GOVERNMENT PRINTING OFHCE. 

1905* 



^T^A.^*-^^ 



V.,^s/>*J1-'*^ 



3 5^0.5 

J)G3 



i 



PREFACE. 



A 

The laws relating to street-railway franchises in the District of 

^ Columbia were compiled in 1896 in pursuance of a resolution of Coil- 
ed gress passed March 12, 1896. In the present compilation the former 
^ one was used as a basis, and all acts of Congress relating to street 
jr railways passed since 1896 have been included in the present issue. 
^ The compilation has also been indexed. The various street-railway 
^ charters are arranged alphabetically by the names of the corporations 
— chartered. The original charter is given first and the subsequent 
amendments and additions follow consecutively in accordance with the 
dates of their approval. All the legislation, therefore, regarding any 
one railroad will be found in one place. The only exception is where 
a general law has been passed affecting various railroads. These gen- 
eral laws will be found at the last part of the book under the heading 
''Street-railway laws of a general nature" (p. 257), but all have been 
indexed for easy reference. 

CHARTERS. 

All charters for street railways in the District must be granted 
directly by Congress. The routes a^'e laid down in these charters. 

URBAN LINES. 

Practically all the urban lines are controlled bj- two corporations, 
the Capital Traction Company and the Washington Railway and 
Electric Company. The latter corporation is a managing corporation 
organized under the act of (congress approved June 5, 1900. (See p. 
241.) The charters of the constituent roads govern, however 

CONTROL BY THE COMMISSIONERS. 

The charters of the street-railway companies place certain duties on 
the Commissioners of the District of Columbia in regard to control of 
plans of construction, the approval of time schedules, the regulation 
of speed, the furnishing of passenger houses and accommodations, 
etc., but except in some of the later charters no penalties are provided 
for a violation of any regulation of the Commissioners made in pur- 
suance of this authority. 



Ill 



IV 



PREFACE. 



PREFACE. 



I 



PAVING ADJACENT TO TRACKS. 

The street-railway charters generall}^ require the companies to be 
responsible for the cost of paving between their tracks and on each 
side thereof to the extent of 2 feet from the outer rails. The organic 
act providing the present form of government for the District of 
Columbia also makes this requirement, and provides that it shall be 
carried into eflfect by the issuing of certificates of indebtedness against 
the railroad companies for failure to pay for paving this portion of 
the street. (See p. 257. ) 

SPEED AND FENDERS. 

Regulations in regard to speed and fenders are made by the Com- 
missioners of the District of Columbia under the police regulations 
regarding the movement of vehicles on public streets. Cars stop to 
receive passengers on the near side. (See p. 267.) 

A MODEL CHARTER. 

The charter of the Capital Railway Company (p. 49) is considered 
as a model for street railway charters. 

EXPIRATION OF CHARTERS. 

A number of charters herein compiled have expired by limitation. 
A number of others have been extended from time to time. 

DEPOSITS. 

The charters generally require a deposit to be made to pay for 
inspection of construction work. Some of them require a deposit to 
guarantee the construction and completion within the time period 
named in the charter. 

OVERHEAD TROLLEYS. 

No overhead trolleys are allowed within the limits of the city of 
Washington proper. (See p. 270.) They, however, are used on the 
suburban lines. 

UNDERGROUND ELECTRIC SYSTEM. 

All of the street railways now operated in the city of Washington 
operate by the underground electric system. Formerly, horsepower, 
cable power, and the trolley were used. 

FARE. 

All the charters require that the fare charged in the District of 
Columbia shall not be more than 5 cents, and require, also, that six 
tickets shall be sold for 25 cents. 



TRANSFERS. 

The two corporations, the Capital Traction Company and the Wash- 
ington Railway and P^lectricCompan}^, issue transfers on their respective 
lines to a passenger going in one general direction, but they do not 
issue transfers interchangeable on the lines of each other, except in 
one instance, at Fifteenth and G streets NW., where a transfer is 
issued between the lines of these companies upon the payment of 2 cents. 

COUPON TICKETS. 

A law requires the sale of four coupon tickets for 25 cents for con- 
tinuous ride on some lines from some suburban point to some point 
in the city of Washington. (See p. 263). 

TAXES. 

Each individual charter has a provision in regard to taxation, but 
b}^ an act of Congress (see p. 268) all street railroads were brought 
under the general rule which requires them to pay 4 per cent of their 
gross earnings in lieu of personal taxes, and to pay taxes on their 
buildings, etc., as real estate, under the provisions of law in regard 
to other real estate. 

COINCIDING ROUTES. 

The charters generally provide for joint trackage arrangements 
where the routes coincide, these arrangements to be agreed upon be- 
tween the respective railroad companies, and in event of a failure to 
reach an agreement, by a court proceeding. 

ELECTROLYSIS. 

In the later charters provision is made to guard against electrolysis 
by requiring, if electric power by trolley be used, a return wire similar 
in capacity and insulation to the feed wire to be provided, and each 
car to be provided with a double trolley and no pole of any dynamo 
furnishing power to railways to be connected with the earth. 

RIGHT OF WAY. 

Street cars have the right of way over their tracks in the public 
streets. 

In some instances the charters require that the roads shall be con- 
structed on a right of wa}^ to be acquired by the railway company and 
thereafter dedicated to the District of Columbia. 

D. E. G. 



CONCURRENT RESOLUTION To compile and publish the laws relating to street-railway franchises 

in the District of Columbia. 

Resolved by the House of Representatives {the Senate concurring), That there be printed 
and bound into one convenient volume, at the Government Printing Office, all the 
various Acts of Congress relating to street-railway franchises in the District of 
Columbia; and that two hundred copies of the same shall be furnished for the use 
of the Senate, four hundred copies for the use of the House of Representatives, and 
two thousand and five hundred copies for the use of and distribution by the Com- 
missioners of the District of Columbia. 

Passed, March 12, 1896. ' 

16400—05 1 1 



^ 



LAWS RELATING TO STREET-RAILWAY FRANCHISES 
IN THE DISTRICT OF COLUMBIA. 



ANAGOSTIA AND POTOMAC EIVEB EAILEOAD COMPANY. 



AN ACT Giving the approval and sanction of Congress to the route Febraarj- 

and termini of the Anacostia and Potomac River Railroad, and to ^^^^' 

regulate its construction and operation. stats. 18, p. 328, 



18, 



Be it enacted hy the Seimte and House of Representatives 
of the United States of America in Congress assemhled^ That 
the approval and sanction of Congress is hereb}^ given to 
the construction, operation, and maintenance of a street- 
railroad by the Anacostia and Potomac River Railroad 
Company, of Washington City, District of Columbia, a 
company incorpomted under the act of Congress of May 
fifth, eighteen hundred and seventy, which incorporation 
is hereby confirmed and validated, along, upon, and over 
the following route, in the city of Washington, District of 
Columbia, namely: Commencing for the eastern terminus 
of said road, at or near the northern end of the navy-yard 
bridge, in the said city, on Eleventh street east; thence 
upon and along said Eleventh street east to M street south; 
thence upon and along said M street south to Third street 
east; thence upon and along said Third street east to N 
street south; thence upon and along said N street south to 
Water street; thence upon and along said Water street to 
Twelfth street west; thence upon and along said Twelfth 
street west to Ohio avenue; thence upon and along said 
Ohio avenue to Fourteenth street west; thence along and 
upon said Fourteenth street west to the western terminus of 
said road at the intersection of Pennsylvania avenue and 
said Fourteenth street west; and also on M street south from 
Third street east to Water street, and on Eleventh street 
west from Water street to the intersection of Twelfth and B 
streets southwest; conforming to the grades of said streets 
and avenues as the same now are, or may hereafter be, estab- 
lished by law : Provided^ That said company shall construct 
at least a single-track road over said route, and open the 
same to travel within sixteen months after the approval of 
this act: And ^ovided further^ That whenever the foregoing 
route shall coincide with the route of any other duly-incor- 
porated railroad company, or connect portions of such route, 
but one set of tracks shall be used, and each company using 

3 



Approval of 
construction, 
etc., of street- 
railroad by An- 
acostia and Poto- 
mac River Rail- 
road Com pany 
( amended )t 



Route (amend- 
ed). 



Time for com- 
pletion. 



One track for co- 
inciding routes. 



mL - g-j anK" 



I 



and paving. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

the tracks shall contribute equitably to the expense of lay- 
ing and maintaining them; the amount to be contributed 
to be ascertained, when the companies disagree, by the 
supreme court of the District of Columbia, upon applica- 
tion of any company interested, and on notice to andhear- 
ing of the parties interested. 
Layiu^of track Sec. 2. That in the manner of laying its tracks, and 
paving the same, this company shall be under the control 
of the executive authority of the District of Columbia; and 
it shall pave its tracks, and the spaces between them, and 
for the space of two feet beyond the outer line thereof, 
and keep the same in good order, without expense to the 
United States or the District of Columbia; and that said 
pavement shall be as prescribed by the said executive 
authority of the District of Columbia; and the rate of fare 
charged and received by said company shall not exceed 
live cents a passenger for any distance between the termini 
of said road. 

Sec. 3. That whenever the present navy -yard bridge 
shall be replaced by a structure suitable for the passage of 
a street-railroad, the company shall have the right to cross 
over the same to Uniontown, under such restrictions and 
regulations as Congress may provide; and Uniontown 
of shall then become the eastern terminus of the road; and 
""^rom Uniontown the company may extend their road by 
the Good Hope road to the District line; and for riding 
over this extension of the road the company may charge 
an additional fare not exceeding live cents. 

Sec. 4. That Congress may, at any time, alter, amend, 
or repeal this act. 

Approved, February 18, 1875. 




LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



Use of navy- 
yard bridge. 



Extension 
road east 
Uniontown. 



Fare. 

Right to alter 
or amend act. 



April 5, 1876. 



AN ACT To amend the act entitled "An act giving the approval and 
sanction of Congress to the route and termini of the Anacostia and 
Stats 19, p. 26. Potomac River Railroad, and to regulate its construction and oper- 
ation." 

Be it macted hy the Smote and House of Representatives 
Anacostia and ^ ^^^ United States of America in Congress assemhled^ That 

Raur^d. ti'me section two of the act giving the approval and sanction of 

ixtenlted^^^*^''" Congress to the route and termini of the Anacostia and 
Potomac River Railroad, approved February eighteenth 
eighteen hundred and seventy -five, be, and is hereby, so 
amended as to extend the time for the completion of said 
road to six months from and after the completion of the 
streets now in process of improvement along and upon 

mSr^f^enl: which the chartered rights of the company extend. Sec 2. 

ed). That the privilege is hereby granted the company to change 

their terminus at Fourteenth street and Pennsylvania ave- 
nue west, as follows: Commencing at intersection of Twelfth 
street and Ohio avenue northwest, along and upon Twelfth 
to D street, along and upon D street to Fifteenth street, 
along and upon Fifteenth street west to Pennsylvania ave- 
nue, near the Treasury gates, being one square west of the 



of 



present terminus; also, that the company may extend their Extension 

road from the intersection of Twelfth street and Ohio ave- * 

nue northwest, along and upon Louisiana avenue to the 

south side of Pennsylvania avenue at a point opposite 

Centre Market: Provided^ That whenever the street- pave- .J**^®"^^^^ *<> 

ment ma}^ be torn up and travel thereon interfered with by ^^^^^^ 

removal of the track of said road, said company shall, at 

its own expense, put such street pavement in as good order 

as before the laying of the track thereon. Section 3. 

That Congress may at any time alter, amend or repeal and™^^^"*^^' 

this act. *^° "^^^ • 

Michael C. Kerb 

Spealcer of the House of Representatives 

T. W. Ferry 
President of the Senate pro-tempore. 
Received by the President March 24, 1876. 

[Note by the Department of State. —The foregoing 
act having been presented to the President of the United 
States for his approval, and not having been returned by 
him to the House of Congress in which it originated within 
the time prescribed by the Constitution of the United 
States, has become a law without his approval.] 



March 3, 1879. 
Sundry civil bill, 1880. Stats. 20, p. 404. 

* * * * » 

And one of the two railroad tracks now on said Anacostia tracts on Aa- 
Bridge shall be at once removed. ^"""^^^ ^"^^^• 

* * * « « 
Approved, March 3, 1879. 



AN ACT To amend the act giving the approval and sanction of Con- August i, 1888. 
gress to the route and termini of the Anacostia and Potomac River st^t. of> ^ ^<t 
Hailroad, m the District of Columbia. ^^^' ^' P'^- 

Be ite7iacted by the Senate and House of Representatv^es 
of tfie United States of America in Congress assmnUed. That Anacostia and 
the act giving the approval and sanction of Congress toR^S eSJIS- 
tne route and termini of the Anacostia and Potomac River «^^° ^^- ' 
Kailroad approved February eighteenth, eighteen hun- 
dred and seventy-five, and amended March twenty-fourth, 
eighteen hundred and seventy-six, be, and the same is 
nereby, amended so as to authorize said company to lav 
tracks and run cars thereon from the intersection of its 
tracks on M street south with Seventh street east; along Route (amend- 
beventh street to G street south; along G street to Fourth ^^• 
street east; along Fourth street to E street south; alon^ 
^ street to Canal street; along Canal street to B street 
south, along B street south to Third street west; alonff 
inird street to Missouri avenue; along Missouri avenue to 
^ixtn street west; along Sixth street to B street north; 

r^^^^Au ^^V^^t.^^ ^ P^^"^ ^^^^ the Center Market to be 
named by the Commissioners of the District of Columbia- 



LA.WS RELATING TO STREET-RAILWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



Proviso; com 
pletion. 



Extension t o 
Congressional 
Cemetery. 



Additional 
track on Anacos- 
tia bridge. 



Extension to 
Insane Asylum. 



Use of other 
tracks. 



Rails. 



To be level 
with streets. 



Can. 



Provided, That the said company shall complete the above- 
mentioned tracks and run cars thereon within one year from 
the approval of this act, and from the intersection of its 
tracks on M street south with Second street west; along 
Second street to its tracks on Canal street: Provided, That 
said company shall complete the last-mentioned tracks and 
run cars thereon within two years from the approval of 
this act. The company is also authorized to extend its 
tmcks and run cars thereon from its track at Seventh and 
G streets southeast herein mentioned, along G street to 
Seventeenth street east; along Seventeenth street to E 
street south; along E street to and beyond the entrance 
to the Congressional Cemetery at a point to be named by 
the Commissioners of the District of Columbia, after the 
said streets shall have been improved. 

Sec. 2. That the said company may be permitted to place 
or cause to be placed upon the Anacostia bridge an addi- 
tional track, and the i-ails of both tracks shall be of such 
form as will offer the least obstruction to ordinary traffic, 
and subject to approval by the Commissioners of the Dis- 
trict of Columbia. The said company shall also construct 
at least a single track, with necessary switches and turn- 
outs, along Harrison street, in Anacostia, to the entrance 
to the grounds of the German Orphan Asylum, and run 
cars thereon within six months after laying the track men- 
tioned on said bridge. 

Sec. 3. That the said company is also authorized to 
extend its track and run cars thereon from its present 
terminus on Nichols avenue, near Anacostia, by the way 
of Nichols avenue to the entrance to the grounds of the 
Government Hospital for the Insane, and along said ave- 
nue and the Livingstone road to the District line. 

Sec. 4. That should any part of the ti*ack extension 
herein authorized coincide with portions of any other 
duly incorporated street railway in the District of Colum- 
bia, but one set of tracks shall be used when, on account 
of the width of the street, or for other sufficient reason 
it shall be deemed necessary by the Commissioners of the 
District; and the relative conditions of use and of char- 
tered rights may be adjusted upon terms to be mutually 
agreed upon between the companies, or, in case of disagree- 
ment, by the supreme court of the District of Columbia, 
on petition filed therein by either party, and on such notice 
to the other party as the court may order. 

Sec. 5. That in the construction of the tracks herein 
specified the pattern of rail used shall be approved by the 
Commissioners of the District of Columbia, and in any 
extensive repairs to the tracks now owned by the company 
requiring new rails the pattern of rails shall likewise be 
approved by the Commissioners of the District of Colum- 
bia: Provided^ That all rails laid upon the streets of the 
city of Washington by said company under the authority 
of this act shall be on a level with the surface of the streets, 
and shall not project above the same. 
Sec. 6. That the company shall place cars of the best 



Taxes. 



construction on said railway, with all modern improvements 
necessary to the convenience and comfort of passengers, and 
shall run cars thereon as often as the public convenience 
may require, in accordance with a time table or schedule 
adopted by the company, a copy of which shall be filed 
with the Commissioners of the District of Columbia, and 
be approved by them. 

Sec. 7. That the said Anacostia and Potomac River Reports. 
Railroad Company shall, on or before the 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 Decem- 
ber the thirty-first, which report shall be verified by affidavit 
of the president and secretary of said company; and said 
company shall pay to the District of Columbia, in lieu of 
taxes upon personal property, including cars, tracks, and 
motive power for the next ensuing year, two per centum for 
the first ten years after completion, and thereafter four per 
centum of its gross earnings upon traffic for the preceding 
year as shown by said verified statement, which amount 
shall be payable to the collector of taxes at the times and 
in the manner that other taxes are now due and payable, 
and subject to same penalties on arrears; and the franchise 
and property of said company, both real and personal, to a 
sufficient amount, may be seized and sold in satisfaction 
thereof, as now provided by law for the sale of other prop- 
erty for taxes; and said per centum of its gross earnings 
shall be in lieu of all other assessments of personal taxes 
upon its property used solely and exclusively in the opera- 
tion and management of said railway. Its real estate shall 
be taxed as other real estate in the District of Columbia, and 
the tracks shall not be taxed as real estate: Provided, That 
whenever the net receipts of said company from its busi- 
ness upon said road shall, for any years, exceed ten per 
centum of the actual cost of such road, then the company 
shall, under the direction of the said Commissioners, reduce 
the rate of passenger fare to an amount as near as the 
same can be approximated, so that the net receipts of said 
company from its business upon such road shall not exceed 
ten per centum of the actual cost for the construction, 
equipment, and maintenance thereof. 

Sec. 9. That Congress may at an}^ time amend, alter, or 
repeal this act. 

Approved, August 1, 1888. 



Reduction 
fare. 



of 



Amendment. 



AN ACT To amend the act giving the approval and sanction of Con- 
gress to the route and termini of the Anacostia and Potomac River 
Railroad in the District of Columbia. 

^t ^L^^^^^^<^ ^y ^^^ Senate and House of Representatives 
of the United States of America in Co7igress assevMed,Th2ii ^^^^^^ ^.^^^^ 
the act giving the sanction and approval of Congress to Raiiroad;chaiig© 
the route and termini of the Ana^stia and Potomac River *''~"^- 



March 24. 1890. 
Stats. 26, p. 28. 



Anacostia and 
Potomac River 



8 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



Railroad, approved February eighteenth , eighteen hundred 
and seventy-five, amended March twenty -fourth, eighteen 
hundred and seventy -six, and August first eighteen hun- 
dred and eighty -eight, be, and the same is hereby, amended 
so as to authorize the said company to lay tracks and run 
cars thereon from the intersection of its tracks on M street 
south with Eleventh street east; along Eleventh street to 
of its tracks on G street south. That the time for the com- 
pletion of its track is extended one year. That in the con- 
struction of the tracks herein authorized the pattern of 
of rail used shall be approved by the Commissioners of the 
District of Columbia, and that all rails laid under author- 
ity of this act shall be on a level with the surface of the 
street: Provided so much of the act of August first eight- 
een hundred and eighty-eight as authorized the company 

Tracks on 7th herein named to lay its tracks on Seventh street east be- 
?nd^G Its!*^^ ^ tween M street and G street is hereby repealed. 

Amendment. Sec. 2. That Congress may at any time amend, alter, or 
repeal this act. 
Approved, March 24, 1890. 



Extension 
time. 



Approval 
rail, etc. 



April 80. 1892. AN ACT To amend the act giving the approval and sanction of Con- 
Stats. 27, p. 22. gress to the route and termini of the Anacostia and Potomac River 
Railroad in the District of Columbia. 



Anacostia and 
Potomac River 
Railroad Co., 
route and termi- 
ni changed. 



Extension 
tracks. 



of 



Bails. 



Commence 
ment and com- 
pletion. 



Mav use tracks 
of other compa- 
nies. 



Be it enacted hy the Senate and House of IlepresentativeB 
of the United States of America in Congress assemhled^ That 
the act giving the sanction and approval of Congress to the 
route and termini of the Anacostia and Potomac Kiver Rail- 
road, approved February eighteenth, eighteen hundred and 
seventy-five, subsequently amended, be, and the same is 
hereby, amended so as to authorize the said company to lay 
tracks and switches and run cars as follows: From the in- 
tersection of its tracks at Ninth street with B street north- 
west north on Ninth street to G. street northwest over the 
tracks of the Metropolitan Railway Company; thence west 
on G. street northwest to Eleventh street northwest over 
the tracks of Eckington and Soldiers' Home Railway Com- 
pany; thence south on Eleventh street to E. street north- 
west, and east on E street to Ninth street on the tracks of 
the Capitol, North O Street and South Washington Rail- 
way Company; thence south on Ninth street to B street 
on the tracks of the Metropolitan Railway Companv. 
That in construction of its tracks herein authorized the 
pattern of the rail used shall be the standard flat grooved 
rail and approved by the Commissioners of the District of 
Columbia, and that all rails laid under authority of this 
act shall be on a level with the surface of the street: 
Provided^ That the said company shall commence work 
within three months and complete the same within six 
months from the, approval of this act. 

Sec. 2. That, should any part of the track extension 
herein authorized coincide with portions of any other 



LAWS RELATING TO STREET-EAILWAY FRANCHISES. 

duly incorporated street railway in the District of Colum- 
bia, but one set of tracks shall be used when, on account 
of the width of the street or for other suflficient reason, it 
shall be deemed necessary by the Commissioners of the 
District; and the relative conditions of use and of chartered Termsof use. 
rights may be adjusted upon terms to be mutually agreed 
upon between the companies, or, in case of disagreement, 
by the supreme court of the District of Columbia, on peti- 
tion filed therein by either party and on such notice to the 
other party as the court may order. 

Sec. 3. That this Road shall exchange tickets with other 
roads where their tracks unite. 

Sec. 4. That Congress may at any time amend, alter, or 
repeal this act. 

Approved, April 30, 1892. 



Exchange tick* 
ets. 

Amendment. 



AN ACT Authorizing and requiring certain extensions to be made to June 4, 1900. 
the Hues of the Capital Traction Company and of the Anacostia and stata — t> — 
Potomac River Railroad Company of the District of Columbia. • . p- • 

Be it enacted hy the Senate and House of Representatives 
of the United States of Atnerica in Congress assembled^ That capital Trao- 
the Capital Traction Company of the District of Columbia ^*°''^'' 
be, and it hereby is, authorized and required to construct 
the necessary tracks and to make the necessary connections 
for the purpose of operating its cars by the underground 
electric system and to operate the same over and along the 
following route, namely: Beginning at the intersection of Route extend- 
First and C streets northwest, east on C street to Delaware depS. ^ *°^ ^' 
avenue, and thence by a loop around square six hundred 
and eighty -six (bounded by Delaware avenue, B, First, and 
C streets northeast). Also, beginning at the intersection 
of Pennsylvania avenue and Seventeenth street northwest; 
south on Seventeenth street by double tracks to G street 
northwest; west on G street by single track to Twenty- 
fifth street; north on Twenty-fifth street by single track 
to Pennsylvania avenue. Also, beginning with the tracks 
at the corner of Seventeenth and G streets northwest; AisoonFand 
south on Seventeenth street by single track to F street ^ '^'■^^' 
northwest; west on F street by single track to Twenty- 
sixth street northwest; north on Twenty -sixth street by 
single track to Pennsylvania avenue: Provided, That for 
the purpose of furnishing a loop, for use when necessary, 
a single track may be extended along G street northwest 
from Twenty-fifth to Twenty-sixth streets, connecting 
with the single tracks in Twenty -fifth and Twenty-sixth 
streets northwest. 

Sec. 2. That the Anacostia and Potomac River Railroad Polomir wVer 
Company be, and it is hereby, authorized and required, R. R- 
^ within one year from the date of the approval of this Act, 
to extend the lines of its underground electric railroad Route extend 
from the intersection of First street east and E street^' 
south, north along First street to B street south; thence 



10 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 



Tracks to 
removed. 



west along B street, connecting with its existing tracks 
between ^cond and Third streets west. 

Sec. 3. That where the route provided for in this Act 
Coinciding coincides with the routes of existing street railways one 
™"^^' set of tracks shall be used in common, upon terms mutu- 

ally agreed upon, or, in case of disagreement, upon terms 
determined by the supreme court of the District of Colum- 
bia, which is authorized and directed to give hearing to 
the interested parties and to ^k the terms of joint trackage. 
Sec. 4. That the extensions herein authorized shall be 
Time of com- Completed and cars operated over the same within one 
pietion. ^.gj^j. f yojjj ^-j^c ^^^q ^f ^he passage of this Act. The double 

tracks of the Capital Traction Company now in the south 

side of C street northwest, between First street and New 

*>e Jersey avenue, shall also be removed within said time, 

and the space so vacated restored to proper condition in a 

manner satisfactory to the Commissioners of the District 

of Columbia. 

Plans to be ap- Sec. 5. That the extensions herein authorized shall be 

proved. constructed in accordance with plans satisfactory to the 

Commissioners of the District of Columbia and approved 

by them. 

Present charter Sec. 6. That the Said Capital Traction Company and 

rights extended. ^^^ Anacostia and Potomac River Railroad Company shall 

have over and respecting the routes herein provided for, 

the same rights, powers and privileges they respectively 

have or hereafter may have by law, over and respecting 

their other routes, and be subject in respect thereto to all 

the other provisions of their charters and of law. 

Sec. 7. That Congress reserves the right to alter, amend 
or repeal this Act. 
Approved, June 4, 1900. 



July 1, 1902. AN ACT Requiring the Anacostia and Potomac River Railroad Com- 
■ pany to extend its Eleventh street line, and for other purposes. 

Be it enacted hy the Senate and Home of Representatives 
of the United States of America in Cmigress assemUed^ That 
the Anacostia and Potomac River Railroad Company, of 
the District of Columbia, be, and it hereby is, authorized 
and required to construct the necessary tracks and to make 
the necessary connections for the purpose of operating its 
cars by the underground electric system, such as is now in 

Eleventh street use on its Eleventh street line, over and along the follow- 
d^^rr^avenue ^' i^R route, namely: Beginning at the northern terminus of 

ec er avenue. .^ Eleventh street line at Eleventh street and Florida ave- 
nue north, by double track, along Eleventh street to Ly- 
decker avenue: Provided, That until the line of railroad 

Switching. on Eleven th street is further extended, cars may be switched 
on Eleventh street between Whitney and Lydecker ave- 
nues: And provided further, That until provision is made 
for a further extension of the line of the Metropolitan 
Railroad Company on Old Sixteenth street cars may be 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



11 



switched on Old Sixteenth street between Grant and Park 
streets. 

Sec. 2. That the extension herein authorized shall be Tme of com- 
completed and the cars operated thereon within two years ^ ^ ^°°' 
from the date of the issuance of a permit by the Commis- 
sioners of the District of Columbia. 

Sec. 3. That the extension herein provided for shall bep^v^^*^^*^ 
constructed in accordance with plans satisfactory to the 
Commissioners of the District of Columbia and approved 
by them. 

Sec. 4. That the said Anacostia and Potomac River Rail- teJ^'^rights*^*?!- 
road Company shall have over and respecting the route tended, 
herein provided for the same rights, powers, and privileges 
it has, or hereafter may have, by law over and respecting 
its other routes, and be subject in respect thereto to aU 
the other provisions of its charter and of law. 

Sec. 5. That the time within which the Washington and Washington 
Gettysburg Railway Company shall construct its line Railway. *^^ "'^ 
within the District of Columbia is extended two years Time extend- 
from March first, nineteen hundred and three. ^^ 

Sec. 6. That Congress reserves the right to amend, alter, 
or repeal this Act. 

Approved, July 1, 1902. 



NACOSTIA, SUERATTSVILLE AND BEANDYWINE 
ELECTEIC EAILWAT G0MFAF7. 



Route. 



•I 






AN ACT To authorize the Anacostia, Surrattsville and Brandy wine March »,i905. 

Electric Rrailway Company to extend its street railway in the Dis- 

trict of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress asseiiibled^ That 
the Anacostia, Surrattsville aud Brandy wine Electric Rail- ^ISi*"^ ^^^' 
way Company, a body incorporated under the laws of the ^^ ^^^' 
State of Maryland, be, and it is hereby, authorized to 
extend its line of street railway within the District of . to extend line 
Columbia, with single or double tracks, equip and operate iSi^wr*'^ ^"^ ^' 
the same for the carrying of passengers, parcels, milk, 
garden truck, and other small freight, with the necessary sma^^^ht.*"** 
switches, turn-outs, buildings, and necessary mechanical 
devices, along the following-named route: Beginning 
where the Walker road intersects the line dividing the 
District of Columbia and Prince George County, State of 
Maryland, designated on the map of the District of Co- 
lumbia; thence along said Walker road northwesterly to 
Goodhope, District of Columbia; thence westerly along 
Goodhope road as designated on the map of the District of 
Columbia to its intersection with Harrison street, Ana- 
costia, District of Columbia; thence westerly along Har- 
rison street to its intersection with Moproe street, Ana- 
costia, District of Columbia, to a junction with the street 
railway of the Anacostia and Potomac River Railroad 
Company: Provided., That the said company shall acquire ^^Jf^Jj^j^gg^j^^jj 
hereby no right to extend its said railway over, along, or dediStedro^So? 
upon any portion of the aforementioned route which is not ^^Jem S^'e^^ 
now a dedicated road or street of the said District until it 
shall have obtained the written consent of the owners of 
the real property covered thereby, or acquire said right of 
way by condemnation: Provided., That when the route condemnation. 
described coincides with that of a county road of less width Must be outside 
than sixtv feet the railway shall be constructed entirely fernvMl.**"*" ^ 
outside the road: And provided further., That whenever 
said road shall be widened the Commissioners of the Dis- 
trict of Columbia are authorized to require that the tmcks Tracks must be 
of said railway company shall be located in the center of way^^^hen '^- 
the road as widened: Provided^ That if at any time in the^ned. 
future any part of the right of way of the company shall 
be included within the lines of public highways, such part ^^. ,. 
of the said right of way shall be dedicated to the public ''^**''**^- 
without expense to the District of Columbia. 

13 



not ex- 



14 LAWS KELATING TO STREET-RAILWAY FRANCHISES. 



May make con- 
tracts with Ana- 
costia and Poto- 
mac River R. R. 



Joint trackage 



Payment. 



Motive power. 



Plans to be ap- 
proved. 



Permits for ex 
cavation. 



Inspection. 



Deposits. 



Pavement ad 
jacent to tracks 



Changes in 
grade. 



Sec. 2. That the Anacostia, Surrattsville and Brandy- 
wine Electric Railway Company and the Anacostia and 
Potomac River Railroad Company shall have the power to 
make any contracts that they may deem necessary to 
enable the said companies to run passenger cars of each 
over the tracks of the other company, and also to contract 
for and use the power of each or either company to pro- 
pel the cars of the other company. That in case of failure 
to reach an agreement upon terms mutually agreeable to 
each of said companies, then the supreme court of the 
District of Columbia is hereby authorized and directed to 
give hearings to the interested parties and fix the terms of 
loint trackage. Payments for the use of the tracks shall 
be made monthly, in advance; default in such payments 
shall suspend the right of the company to use the tracks 
until such payments are made ; that the motive power shall be 
cable, electric, compressed air, or mechanical power other 
than steam locomotive power; and wherever the trolley 
system is used a return wire, similar m capacity, situation, 
and insulation to the feed wire, shall be provided for the 
current, and each car shall be provided with a double 
trollev; and no dynamo furnishing power to the road, or 
any portion thereof, shall have either of its poles con- 
nected with the earth. , . . u n 
Sec 3 That all plans of location and construction shall 
be subjected to the approval of the Commissioners of the 

District of Columbia. , , . i . n i a^ 

Sec. 4. That excavations in the highways shall be niade 
only under permits from the Commissioners of the Dis- 
trict of Columbia, and subject to regulations prescribed 

by them. , . 

Sec 5. That the said railway and its appurtenances 
shall be constructed in a substantial and durable manner, 
subject to inspection by the Commissioners of the District 
of Columbia. All changes to existing structures in public 
space shall be made at the expense of the company. 

Sec 6. That the said company shall deposit such sums 
as the Commissioners of the District of Columbia may 
require to cover the cost of inspection and the cost ot 
changes to public works in the streets caused by the con- 
struction of said railway. i.^^_^^„ 

Sec. 7. That the company shall keep the space between 
its rails and tracks and two feet exterior thereto in good 
condition, to the satisfaction of the Commissioners of the 
District of Columbia. The pavement of these spaces shall 
be at least as good as that of the contiguous roadway. 
The proper authorities shall have the right to make 
changes of grade and other improvements which they may 
deem necessary, and when any highway occupied by the 
company is improved the company shall bear the entire 
expense of improving said spaces to correspond with the 
remainder of the roadway. The requirements of this sec- 
tion shall be enforceable under the provisions of section 
five of the Act providing a permanent form of govern- 



LAW8 relating TO STREET-RAILWAY FRANCHISES. 15 



Cars. 



Time-table. 



Speed. 



Removal from 
cars. 



Passe nger 
rooms, etc. 



ment for the District of Columbia, approved June eleventh, 
eighteen hundred and seventy-eight. 

Sec. 8. That the cars shall be first-class and shall be 
kept in good condition, to the satisfaction of the Commis- 
sioners of the District of Columbia. 

Sec. 9. That the cars shall be run as often as public con- 
venience requires, on a time-table satisfactory to the Com- 
missioners of the District of Columbia. 

Sec. 10. That the speed of the cars shall be subject to 
the police regulations of the District of Columbia. 

Sec. 11. That persons drunk, disorderly, contagiously 
diseased, or refusing to pay the legal fare may be ejected 
from the cars by the oflicers in charge thereof. 

Sec. 12. That as far as possible articles left in the cars Articles left in 
shall be cared for by the company, to the end that they '^''• 
may be returned to the rightful owner. 

Sec. 13. That the rate of fare which may be charged Fare, 
for the transportation of passengers over the line of said 
company within the District of Columbia shall not exceed 
five cents per passenger, and six tickets shall be sold for 
twenty-five cents. 

Sec. 14. That the company is authorized to erect and 
maintain the buildings necessary to the operation of this 
road, subject to the building regulations of the District of 
Columbia. The company shall erect and maintain passen- 
ger rooms and transfer stations as required by the Com- 
missioners of the District of Columbia. All passenger 
rooms and transfer stations shall be provided with such 
conveniences for the public as said Commissioners mav 
direct. "^ 

Sec. 15. That the said company, through its proper 
olhcers, shall annually, on or before August first, make 
return under oath to the board of personal tax appraisers 
ot the District of Columbia of the amount of its gross 
receipts in the District of Columbia during the preceding 
year ending June thirtieth, and shall pay to the collecto? 
ot taxes ot the District of Columbia, at the same time and 
in the same manner as other personal taxes are paid, an 
amount equal to four per centum per annum thereon in 
lieu of other personal taxes; that the real estate of the 
said company in the District of Columbia shall be assessed 
and taxed as is other real estate in said District. 

bEC. 16. That nothing in this Act shall prevent the Grades, 
ijistrict of Columbia, at any time, at its option, from 
altering the grade of any avenue, street, or highway occu- 
pied by said railway, or from altering and improving 
streets, avenues, highways, and the sewerage thereof; and 
tne company shall change its railway construction and 
pavements so as to conform to such grades and improve- 
ments as may have been or may be established. 

feEc. 17. That said company is authorized to construct Telegraph and 
ana operate, for its own use only, telegraph and telephone ^^^p^«°^ ^^^ 
lines along its railway, as herein provided for, subject to 



Conveniences. 



Report 



Taxes. 



Real estate. 



r 



Time of com- 
pletion. 



Penalty. 



Successors. 



Deposit to guar 
antee constrac 
tion. 



Forfeit. 



Supervision of 
Commissioners. 



16 LAWS BELATING TO STEEET-BAILWAY FRANCHISES. 

the approval of the Commissioners of the District of 

^S\a That the construction of ^id extension on the 
lines of said railway co^pjinywithm the District of 
Columbia shall be commenced withm one year of the pas 
sage of this Act, and be completed and cars running there- 
uiS.n for passenger traffic within two years from the 
J^sage of this Act, in default of which this Act shall be 
void and of no effect. . , , _, ,. 

Sec. 19. That all the conditions, requirements, and obli- 
gations imposed by this Act shall be complied with by any 
if the successors to and assigns of said company within 

'^Sec' 2a That within sixty days from the approval of 
this Act, the company shall deposit one tbousand d^llai^ 
with the collector of taxes of the District of .^olumbia, to 
guarantee the construction of this railroad within the pre- 
fcribed time, and if this sum is not so deposited this Act 
shall be null and void. If the sum is so deposited and 
the road is not in operation as herein prescribed, sa d one 
thousand dollars sLll be forfeited to the District of 
Columbia, and this Act shall be void. ; 

Sec 21. That the construction, adoption of motive 
power, erection of buildings, regulation of «c^edule and 
Leed of running shall be at all times ^^^f ^ f^f^^^^^^^^^^ 
sion and control of the Commissioners ot the District ot 

^"sec. 22. That each and every violation of' the require- 
ments of this Act, or of the regulations ot the <-'Oinmis- 
Soners of the District of Columbia made under the 
Authority thereof , shall be punishable by a fine of from 
twenty-five to one thousancT dollars, in the discretion of 
the court, such fines to be collectible in any court of com - 
petentTurisdiction as other fines and penalties are collected 
m the District of Columbia. , 

Sec. 23. That the Anacostia, SurrattsviUe and Brandy 
wine Electric Railway Company shall have the right of 
way across such other railways ^s are now. m operation 
within the limits of the lines granted by this Act, and is 
hereby authorized to construct its said road across such 
other railways: Provided, That it shall not interrupt the 
travel of such other railways in such construction 

Sec. 24. That the company shall, on or before the hrst 
dav of February in each year, make a report to each the 
Senate and House of Representatives, as prescribed in sec- 
tion ten of the Act of June tenth, eighteen hundred and 
ninety-six, entitled "An Act to extend the routes of the 
Eokinffton and Soldiers' Home Railway Company and of 
The K Railway Company of the District of Columbia, 
and for other purposes." . , 

Sec. 25. That Congress reserves the right to alter^ 

amend, or repeal this Act. 
Approved, March 3, 1906. 



\ 



Penalty for 
violation of act 
and regulations. 



Right of way 
across other 
lines. 



Report to Con 
gress. 



Baltimore and 
Was hington 
Transit Com- 
pany authorized 
to enter District 
of Columbia. 



Route. 



Spring road. 



BALTIMOEE AND WASHINGTON TEANSIT COMPANY. 

AN ACT To authorize the Baltimore and Washington Transit Com- June 8. 18%. 
pany, of Maryland, to enter the District of Columbia. 

Be it enacted hy the Senate and Home of Representatives 
of the United States of ATnerica in Congress assembled. That 
the Baltimore and Washington Transit Company, incor- 
porated under the laws of the State of Maryland, and by 
amended charter by act of the legislature of Maryland 
eighteen hundred and ninety-six, be, and is hereby, author- 
ized to extend its road from its present charter terminus 
at Takoma Park, Maryland, into and within the District of 
Columbia, commencing at the northeastern boundary line 
of the District of Columbia, on Spring road in Takoma 
l^ark subdivision, westerly along said road to the line of 
lahoe street extended, west along the line of said street 
to Blair road, and thence northwesterly, following public 
highways, to a junction with the Brightwood Railway 
aiong a route to be approved by the Commissioners of the 
District of Columbia: Provided, That the right of use of 
bpring road authorized herein shall cease and determine 
when highways contiguous thereto and shown upon the 
recorded highway-extension plans shall have been opened 
m which case the route of the said company shall be upon 
said highways, as may be approved by the said Commis- 
sioners, m heu of Spring road. 

Sec. 2. That the Baltimore and Washington Transit 
Company and the Brightwood Railway Company shall have 
the power to make any contracts or agreements that thev 
may deem necessary to enable the said companies to run 
the cars of each or either company over the tracks of the 
other company, and also to contract for and use the power 
ot each or either company to propel the cars of the other 
company; that said extension of the transit companvfrom 
the District of Columbia line to a junction with the tracks 
ot the Brightwood Railway Company, near Fifth and Uma- 
tilla streets, m Takoma Park, District of Columbia, shall 
be commenced withm six months and completed within one 
year from the passage of this Act. 

ho M* !' ^^^^ ^° *^® ^"^^^^ ^^^* ^^® company should not 
oe able to come to an agreement with the owner or owners 
ot any land through which the said road may be located to 
pass,or upon which any necessary buildings may be required 
to be located, proceedings for the condemnation for the use 
ot the company of so much of said land as mav be required, 
not exceed'mg thirty feet in width, for its roadway, and of 

16400-05 2 ly 



Trackage ar- 
rangements with 
Brightwood R'y. 



Commence- 
ment and com- 
pletion. 



Condemnation 
of land. 



18 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 



Trolley. 



SO much as may be necessary for buildings, and so forth, 
may be instituted in the usual way in the supreme court of 
the District of Columbia, under such rules and regulations 
as said court may prescribe for such purposes: Provided^ 

Landtobeded- That the land acquired by such agreement or condemnation 
ifcoiuSb^^""' for right of way for tracks within the limits of streets of 
the recorded highway-extension plans shall be dedicated 
to the District of Columbia for a public right of way before 
the company shall lay its tracks on such land; and that 
such right of way shall not be less than thirty feet in width 
for double tracks nor twenty feet in width for single track. 
Sec. 4. That the said Baltimore and Washington Tran- 
sit Company shall be empowered to construct, maintain, 
equip, and operate a single or double track street railway 
over the said line, with all necessary buildings, switches, 
machinery, appliances, appurtenances, and other devices 

Motive power, neccssary to operate the same by cable, electricity, com- 
pressed air, storage battery, or other motive power, to be 
approved by the Commissioners of the District of Colum- 
bia: Provided^ That the right of said company to use an 
overhead single trolley on a street or part of a street shall 
cease six months after the date of the approval of an Act 
of Congress appropriating money for or otherwise author- 
izing the paving of the roadway*^of such street or part of 
street, except in connection with continuous track rails: 
And provided further^ That the right of said company to use 
an overhead single trolley in any public space m the Dis- 
trict of Columbia, except in connection with continuous 
track rails, shall in any event cease on July first, eighteen 
hundred and ninet3^-nine. Said railway to be constructed 
of good material, with grooved rails of approved pattern, 
and in a neat and substantial manner, subject to the super- 
vision and approval of the Commissioners of the District 
of Columbia; the standard gauge to be used and the sur- 
faces of the tracks to conform to the grades of the streets 
established by the Commissioners of the District of Colum- 
bia, and where the tracks lie within the streets of the Dis- 
trict of Columbia the same to be paved between the rails 
and two feet outside thereof with such material and in such 
manner as shall be approved by the said Commissioners, 
and kept in repair by the said railway company. 

Sec. 5. That said railway shall be constructed in a sub- 
stantial and durable manner. The plans of construction, 
rails, electrical and mechanical appliances, conduits and 
stations, and location of stations and tracks, shall be sub- 
ject to the approval of the Commissioners of the District 
of Columbia. The said company having first obtained the 
written permission of the District Commissioners therefor, 
may make all necessary trenches and excavations and place 
therein the machinery and devices necessary to the opera- 
tion of said railway. When said trenches and excavations 
are open they shall be thoroughly protected to prevent acci- 
dent, and shall be closed within a reasonable time and the 
disturbed pavement relaid, all to the satisfaction of said 



Construction. 



Plana. 



Excavations. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



19 



Commissioners. The said company shall, at its own expense, 
in a good and substantial manner, make all changes to 
pipes, conduits, and other underground constructions ren- 
dered necessary by the construction of said railway. Said 
company shall be liable for any damage to pipes or other 
underground constructions caused by the passage of its 
cars over the same, or by electric current used in the pro- 
pulsion of its cars. The said company shall, before com- 
mencing work on said railroad, deposit with the collector Deposit 
of taxes of the District of Columbia such sum as the Com- 
missioners of said District may deem necessary to defray 
any expense that may be incurred by the District of Colum- 
bia in connection with the inspection of the work of con- 
struction of said railway, and to make good any damage 
done by said company or any of its contracting agents to 
any public work or construction. An account of the dis- 
bursement of such deposit or deposits shall be made to 
said company, and any balance due them shall be returned 
upon the completion of the work to defray the cost of which 
the money was deposited. 

Sec. 6. That whenever the roadway of any street occu- widening 
pied by the said railway company is widened, one-half of ^^'^^^' 
the cost of widening and improvement of such widened part 
shall be charged to the said railway company and collected 
from said company in the same manner as the cost of laying 
or repairing pavements lying between the exterior rails 
of the tracks of street railways, and for a distance of two 
feet from and exterior to such track or tracks on each side 
thereof is collectible under the provisions of section five of 
the Act entitled "An Act providing a permanent form of 
government for the District of Columbia," approved June 
eleventh, eighteen hundred and seventy-eight. 

Sec. 7. That nothing in this Act shall prevent the Dis- rad^*"^^ ^' 
trict of Columbia'at any time, at its option, from altering ^^'^^ ^' 
the grade of any avenue, street, or highway occupied by 
said railway, or from altering and improving streets, ave- 
nues, and highways, and the sewers thereof. In such event 
it shall be the duty of said company to change its said 
railway and the pavement so as to conform to such grades 
and improvements as may have been established. 

Sec. 8. That the said company in conjunction with the ^*^®- 
said Brightwood Railway may receive a rate of fare not 
exceeding fwQ cents for each passenger for one continuous 
ride over the route aforesaid and the route of the said 
Brightwood Railway within the District of Columbia, or 
any part thereof, between the termini of said railroad 
within said District, and shall sell tickets at the rate of 
SIX for twenty-five cents. 

Sec. 9. That said company shall pay to the District of Taxes. 
Columbia, in lieu of taxes on personal property, for each 
nscal year, four per centum of its gross earnings under this 
tranchise upon its traffic for the preceding year derived 
™!n^he operation thereof within the District of Columbia, 
which amount shall be paid to the collector of taxes at the 



20 



Report. 



Bonds, etc. 



Commence- 
ment and com- 
pJetion. 



Guaranty 
posit. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. • 

t 

times and in manner that other taxes are or may be pay- 
able, and subject to the same penalty in case of arrears; 
and the franchise and property of said company, both real 
and personal, to a sufficient amount, may be seized and 
sold in satisfaction thereof in the same manner as is or 
may be provided by law for the sale of other property for 
taxes, and said per centum of its gross earnings shall be in 
lieu of any and all assessments upon its personal property 
in the District of Columbia used solely and exclusively in 
the operation and management of said railway; but its 
real estate in said District shall be taxed as other real 
estate therein: Provided, That its tracks, machinery, and 
devices shall not be considered real estate for the purpose 
of taxation. 

Sec. 10. That the said company shall, on or before the 
first day of February of each year, make a report to Con- 
gress, through the Commissioners of the District of Colum- 
bia, 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 thirty-first, and such other facts as may 
be required by any general law of the District of Columbia. 
The report shall be verified by the affidavit of the presi- 
dent and secretary of the company, and if said report is 
not made within the time specified herein said company 
shall be liable to a fine of ^y^ hundred dollars, to be recov- 
ered in any court of competent jurisdiction at the suit of 
the Commissioners of the District of Columbia. 

Sec. 11. That the said corporation may issue bonds or 
other evidence of debt, to be secured by mortgage of its 
railroad properties and franchise within the District of 
Columbia, or by deed of trust thereon, but not to an 
amount greater than the cost of construction and equip- 
ment. It may own, purchase, lease, and sell real estate 
for the purposes of operating said road. 

Sec. 12. That said company shall commence the con- 
stmction of its said railway within six months from the 
approval of this Act, and said railway shall be open for 
traffic, with its switches and turn-outs, and with cars run- 
ning thereon for the accommodation of passengers, within 
one year from the date of the approval of this Act. 

Sec. 13. That the said railway company shall deposit 
with the collector of taxes, District of Columbia, the sum 
of one thousand dollars, within sixty days from the passage 
of this Act, as a guaranty that it will commence and com- 
plete its road within the time herein limited. And unless 
said sum of one thousand dollars is so deposited within 
sixty days from the passage of this Act, all rights, fran- 
chises, and privileges hereby granted shall immediatelv 
cease and determine, and this charter shall be null and 
void. Should the said railway company fail to commence 
or complete the construction of its road within the limit of 
time prescribed by this Act, said sum of one thousand 



de- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. * 21 

dollars shall be forfeited by the said railway compan v and 
sha 1 be deposited by the collector of taxes withX &ted 

tht SsuSTn^ 'k '•''^^* ^f '^^ ^^i^^d States and 
tne L»istiict ot Columljia, m equal parts 

bia mav t aKnh ^"""P'^.^'oners of the District of Coluni- speed. 
D a may make such regulations as to rate of speed, sched- schedule. 
ule for runnmg cars, mode of use of tracks, anrremoval of 

venience of the public may require. Should the servant, 
or agente of saicf company wilffully or negligently v7okte 
such an ordinance or regulation, "said comfany shall te 

!S^^htd?X1,al^°'""'^'^ ^-^ P^-^3^-^^^^^^^^^ 

alte^or i-ep^afthiriT^ ""^^" *'^ "^'^^ "^ amend, ^^A.end.en, 
Approved, June 8, 1896. 



BELT RAILWAY COMPAmr (OEIGINALLY THE CAPITOL, NOETH 
STREET AND SOUTH WASHINGTON RAILWAY COMPANY). 

AN ACT To incorporate the Capitol, North O Street, and South Wash- 
ington Railway Company. ( aNow the Belt Railway Company. ) 



Be it enacted hy the Senate and Home of Representatives 
of the United States of America in Congress assemhled^ That 
Joseph Williamg, William J. Murtagh, Hallet Kilbourn, 
Benjamin F. Fuller, William J. Cowing, Samuel R. Bond, 
William Saunders, George W. Goodall, George A. Mcll- 
henny, L. A. Bartlett, and L. H. Chandler, and their 
associates and assigns, be, and they are hereby, created a 
body corporate, under the name of the Capitol, North O 
Street, and South Washington Railway Company, with 
authority to construct and lay down a single or double 
track railway, with the necessary switches and turn outs, 
m the city of Washington, in the District of Columbia, 
through and along the following streets and avenues: 
commencing on First street west in front of the Capitol 
grounds, and running thence due north along said First 
street west to G street north; thence west along G street 
north to Fourth street west; thence along Fourth street 
west; thence along O street north to Eleventh street west; 
thence south along Eleventh street west to E street north; 
thence west along E street north to Fourteenth street 
west; thence south on Fourteenth street west to Ohio 
avenue; thence along said avenue to its intersection with 
1 welfth street west; thence south along said Twelfth street 
west to Virginia avenue; thence southeast along Virginia 
avenue to its intersection with Maryland avenue; thence 
northeast along Maryland avenue to First street west, the 
place of beginning, with the right to run public carriages 
thereon, drawn by horse-power, receiving therefor a rate 
of fare not exceeding five cents a passenger for any dis- 
tence on said road, from its beginning to its terminus on 
i^irst street west: Provided, That wherever the foregoinff 
route may coincide with the route of any other duh- 
incorporated street-railroad-company in the District, or 
connect portions of such route, but one set of tracks shall 
be used by both companies, which are hereby authorized 
and empowered to use such tracks in common, upon 
such fair and equitable terms as may be agreed upon 
py said companies; and in the event the said companies 



March 3, 1875. 
Stats. 18, p. 498. 



Capitol, North 
O Street and 
South Washing- 
ton Railway 
Company incor- 
porated. 



Route 
tended). 



(ex- 



Motive power. 
Fare. 



Coinciding 
routes. 



Terms of joint 
use of tracks. 



24 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



TaAfl 



II 



Constnictioii. 



I| 



fail to agree upon satisfactory terms, either of said com- 
I»nies may app^y by petition to the supreme court of 
the District of Columbia, which shall provide for proper 
notice to and hearing of all parties interested, ind 

nnnn wl''\P°'^l1u ** ^^e^^'^^ *^« *«'™s and Conditions 
upon which, and the regulations under which, the company 
hereby incorporated shall be entitled so to use and enjoy 
the track of such other street-railroad-company, and the 
amount and manner of compensation to be paicf therefor: 
Andpromdedfurther, That neither of the companies usinff 
such track in common shall be permitted to make the track 
so used m common the depot or general stopping-place to 
await passengers, but shall only be entitled to use tL same 
for the ordinary passage of their cars, with the ordinary 

el o ^t*?^u°^ "P,*"/ *^« dropping of passengers. 

bEC. 2. That the road of said company, with all ite prop- 
erty aud franchises, shall be liable t^ taxation as is or may 
!f Pf™ ^y l.*!^' and their cars or vehicles shall be sub- 
therXr P'**^*^'**"* *** ^^^^ '»^s ^s to license and fees 

o.^f^: ^/ JH* ^''f ^^^ ■^"'^"y ^•'^l' ^ laid as near the 
center of the streets and avenues in the city of Washington 

as practicable(withoutinterfering with, or passing over, the 
water or gas-pipes) in the most approved manner adapted 

wifhT fl T^''^'' ^'^^ '^"^ *** *''« most approved pattern, 
with a flat bearing for street vehicles of not less width 

on' hP W, h*''^. car-wheel bearing, than that now in use 
»1 Washington and Georgetown railroad, laid upon an 
even surface with the pavement of the streets and avenues: 
!?5n fr^'f *>«*r^'lthe two tracks (where two are laid) 
shall not be less than four feet nor more than six feet iii 
Za^' *? ^^^ carnages shall not be less than six feet in 
Street ^Hwa"^^ correspond with that of the Columbia 

Sec. 4. That the said corporation hereby created shall 
h^vn^^fl ^^P .«"\t™c^s, and a smce of two feet 
ihlT t ""^^l '.^''^ thereof, and also the space between 
the tracks, at all times well paved and in good order in 

ht .KT°!f T^ ^^^^ ?"'='» mi,U^t\B\ as miy be directed 
^y}^f^^^\oi commissioners of the District of Columbia 
and If there be at any time no such board, then by the Sec- 
^id «t ' "^^ °"* expense to the United States or the 

^Tj^"^^ ^^^' X • ^^^ nothing in this act shall prevent the Gov- 
by .nthonnes. ernment, or the proper authorities of the l5istrictof Colum- 
bia, at any time, at its option, from altering the grade, or 
otherwise improving all avenues and streets occupied by 
said road, or the said District, from so altering and improv- 
ing such streets and avenues, and the sewerage thereof, as 
may be under their respective authority and control: and 
m such event it shall be the duty of said company, at its 
own expense, to change their said railway so as to conform 
to such grade and pavement. 



Paving, 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 25 



Sec. 6. That this act may at any time be altered, 
S^tes ^'* ""^P^^^^^ ^y ^^^ Congress of the United 

Sec. 7. That nothing in this act shall be so construed as 
to authorize said body corporate to issue any note, token or 
device, scrip, or other evidence of debt, to be used as 
currency. 

Sec. 8. That the capital stock of said company shall not 
be less than two hundred thousand dollars nor more than 
hye hundred thousand dollars, and that the stock shall be 
divided into shares of fifty dollars each, and shall be 
deemed personal property, transferable in such manner as 
tne by-laws of said company may direct. 

Sec. 9. That the said company shall place first class cars 
on said railway, with all the modern improvements, for the 
convenience and comfort of passengers, and shall run cars 
thereon during the day, and as late at night as eleven 
o clock, and as often as every ten minutes. 

Sec. 10. That the said company shall provide such pas- 
senger rooms offices, stables, and. depots at such points as 
tHe business of the road and the convenience of the public 
may require; and said company is hereby authorized to 
lay such rails through transverse streets or avenues as mav 
be necessary not exceeding one block in distance in anv 
one place, for connecting the said stables, depots, and offices 
with the main tracks; and the said company is herebv 
authorized to purchase or lease such lands or buildings as 
may be necessary for the passenger rooms, ticket offices, 
stables, and depots above named, and not to exceed two 
nundred thousand dollars in value. 

Sec. 11. That all articles of value that may be left in 
any of the cars or other vehicles of said company shall be 
taken to its principal depot and entered in a book of record 
pt unclaimed goods; which book shall be open to the 
inspection of the public at all reasonable hours. 

Sec. 12. That within thirty days after the passage and 
approval of this act, the corporators named in the first sec- 
tion, or a majority of them, or, if any refuse to act, then a 
majority of the remainder, shall cause books of subscrip- 
tion to the capital stock of said company to be opened, and 
kept open, m some convenient and accessible place or places 
m the city of Washington, for a period, to be fixed b v said 
corporators, not less than two days; and said corporators 
shall give public notice, by advertisement in not less than 
two daily papers published in the city of Washington, of 
tne tinie when and place where said books shall be opened 
and subscribers upon said books to the capital stock of the 
company shall be held to be stockholders: Provided, That 
no one individual shall be allowed to subscribe for more 
tdan two hundred shares of said stock: Provided furthei\ 
ibat every subscriber shall pay, at the time of subscribing 
ten per centum of the amount by him subscribed to the 
treasurer of said company, or his subscription shall be null 



Amendment. 



Issue of cur- 
rency not auth- 
orized. 



Capital stoc^ 



Cars. 



Pas senger 

rooms. 



Tracks may 
connect with 
buildings of com- 
pany. 



Articles left in 
cars. 



Opening books 
of subscription. 



Limit of sub- 
scription. 

Payment on 
subscribing. 



26 



Meeting 
stockholders. 



of 



Board of di 
rectors. 



Presideiit. 
Treasurer. 



Secretary. 



By-laws. 



Collection 
assessments 
suit. 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

and void; and said payment shall in no case be withdrawn 
or loaned to any member of said company. And when the 
books of subscription to the capital stock of said company 
shall be closed, the corporators named m the first section, 
or a majority of them, and, in ca.se any of them refuse to 
act, then a majority of the remainder, shall, within ten days 
thereafter, call the first meeting of the stockholders of said 
company, to meet within ten days thereafter, for the choice 
of seven directors, of which public notice shall be given for 
three days, in not less than two newspapers published daily 
in the city of Washington, or by written or printed personal 
notice to each stockholder by the secretary or clerk of the 
said corporation. And in all meetings of the stockholders 
each share shall entitle the holder to one vote, to be given 

in person or by proxy. offoi^a 

Sec 13 That the government and direction ot the aflairs 

of the company shall be vested in a board ^f directors, seven 
in number; who shall be stockholders, and who fall hold 
their office for one year, or until others are duly elected and 
qualified to take their places as directors. And the said 
directors (a majority of whom shall constitute a quorum) 
shall elect one of their number to be president of the board, 
and who shall also be president of the company; and they 
shall also choose a treasurer, who shall be a stockHoiaer, 
and who shall give bonds, with security, to said company, 
in such sum as the said directors may require, for the taitti- 
ful discharge of his trust; and said board shall also elect 
a secretary, who shall also be a stockholder, and who shall 
perform such duties as usually pertain to said oiface. In 
case of a vacancy in the board of directors, by death or 
resignation, or otherwise, of any director, the vacancy occa- 
sioned thereby shall be filled by the remaining directors. 
Sec 14. That the directors shall have full power to make 
and prescribe such by-laws, rules, and regulations as they 
shall deem needful and proper respecting the disposition 
and management of the stock, property, estate, and eltects 
of the company, not contrary to the cliarter or the laws ot 
the United Bt^tes or of the District of Columbia: Provided, 
That the directors of said company shall have power to 
require the subscribers to the capital stock to pay the 
amount by them respectively subscribed, at such time, 
(after the first installment,) in such naanner, and in such 
amounts as they may deem proper; and if any stockholder 
shall refuse or neglect to pay any installment as required 
bv a resolution of the board of directors, after reasonable 
notice of the same, the said board of directors may sell at 
public auction, to the highest bidder, so many shares of his 
said stock as shall pay said installment, (and the highest 
bidder shall be taken to be the person who offers to pur- 
chase the least number of shares for the assessnaent due,) 
under such general regulations as may be adopted in the 
bv-laws of said company; or said body corporate may sue 
and collect the same from any delinquent subscriber m any 
court of competent jurisdiction; and no part ot the capital 



Sale of stock 
not paid up. 



of 
by 



V 



Report. 



Obstruction oi 
cars, etc. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 27 

paid in shall at any time be withdrawn by said company 
or any member thereof. 

Sec. 15. That there shall be an annual meeting of the .^Annual meet- 
stockholders for choice of directors, to be holden at such 
time and place, under such conditions, and upon such notice 
as the said company, in their by-laws, may prescribe; and 
said directors shall annually make a repoit of their doings 
to the stockholders in general meeting. 

Sec. 16. That if any person or persons shall willfully and 
unnecessarily obstruct or impede the passage of the cars of 
said railway, or destroy or injure the cars, depot, stations, 
or other propert}^ belonging to said railway, the person or 
persons so offending shall forfeit and pay for each such 
offense the sum of ten dollars to said company, to be recov- 
ered and disposed of as other fines and penalties* in said 
District, and shall remain liable, in addition to said penalty, 
for any loss or damage occasioned by his, her, or their act as 
aforesaid; but no suit shall be brought unless commenced g^Ji^™*^***'" <>' 
within sixty days after such offense shall have been com- 
mitted. 

Sec. 17. That unless said corporation shall commence to gt^fon®"^ *^"" 
lay the said track within four months and complete their 
said railway within sixteen months after the passage of this 
act, then this act shall be null and void, and no rights 
whatever shall be acquired under it. 

Sec. 18. That no person shall be prohibited the right to 
travel on any part of said road, or ejected from the cars 
thereof, for any other cause than that of being drunk, dis- 
orderly, unclean, contagiously diseased, refusing to pay the 
legal fare exacted, or to comply with the lawful general 
regulations of the company. 

Sec. 19. That each of the stockholders in the said rail- sti;khSwe«^ **' 
way company shall be liable individual!}^ for all the debts 
and liabilities of the said company to an amount equal to 
the amount of stock held by such stockholder. 

Sec. 20. That all the provisions of the act incorporat- ^^* J^^^^ 

xu /^ 1 v.* T-» •! /-< • • ^ . - rating Columbia 

mg the Columbia Kailway Company, requiring reports of Railway co. ap- 
expenditures, earnings, and otherwise, shall be applicable ^^^^* 
to the company herein incorporated, which shall make 
reports as in said act required. 

Approved, March 3, 1875. 



Exclusion from 
cars. 



AN ACT To amend the charter of the Capitol, North O street, and May 23, 1876. 
South Washington Railway Company. ( Now The Belt Railway Com- 
pany.) 



stats. 19. p. 56. 



North 
Street and 



Be it enacted hy tJie Senate and House of Bepresentatives 
of the United States of America in Congress assembled. That ^ ^ s^j!^\ 
the act entitled "An act to incorporate the Capitol, North south washing- 
O street, and South Washington Railway Company," ap- ^har^e^Tiiendi 
proved March 3d, 1875, be, and the same is hereby, amended ^ 
so as to authorize and allow said company to extend its^^*^°**®° «* 
line on 4th and 11th streets west from street to P street"*" 



) 



^ 



28 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

north, and to lay a single track and run its cars one way 
upon P street between 4th and 11th streets, instead of lay- 
ing a double track and running its cars both ways upon O 
street. 

Approved, May 23, 1876. 



route. 



\ 



March 3, 1881. AN ACT To amend the act incorporating the Capitol, North O Street 

Stats 21 p 414 *^^ ^^"*^ Washington Railway Company. ( Now The Belt Railway 
' ' ' Company.) 

£e it enacted hy the Senate and Hmme of Representatives 
o^sfreet^and^/^^ ^T^^^^d States of America 171 Congress asseynhl ed.Thsit 
south^ Washing the act to incorporate the Capitol, North O Street and 
charter* amend- ^<>uth Washington Railway Company, approved March 
^- third, eighteen hundred and seventy -five, be, and the same 

is hereby, amended, so as to authorize said company, at 
trJJSSohS ^^ discretion, to remove its track from Ohio avenue and 
avenue. Twelfth Street southwest, and lay a single or double track, 

X nsion of g^jj^j j.jjjj |^.g ^^^.g thereou, from its present line at the inter- 
section of Ohio avenue and Fourteenth street south, along 
Fourteenth street to C street southwest, eastwardly along 
C street southwest to Virginia avenue, to connect with its 
present line at the junction of said avenue and street; and 
also to lay a single or double track from its present line on 
P street and Eleventh street northwest, north along said 
Eleventh street to Boundary street; and to lay a single or 
double track commencing at the intersection of C street 
and Eleventh street southwest, running thence south on 
Eleventh street to Water street south, running thence east- 
erly on Water street south to M street south, which point 
pffin. *'*'""" shall be the southern terminus of the road: Provided, That 
the said company shall complete the tracks and run its cars 
along the streets named within six months from the approval 
of this act. 

trSjks.''''****''^ Sec- 2- That should any part of the track extension 
herein authorized coincide with portions of any other duly 
incorporated street railway, the relative condition of the 
chartered rights may be adjusted upon terms to be mutu- 
ally agreed upon between the companies, or, in case of dis- 
agreement, by the supreme court of the District of Colum- 
bia, on petition filed therein by either party, and on such 
notice to the other party as the court may order. 
frJm*BS?eaiTf ^^^' .^' .^^at the fare between the Bureau of Engraving 
Engraving and and Printing and the nearest junction with anv intersect- 

Prmting to con- : ^ j i_ ii x. j. a. ^ 

nectinFlines.mg^ TOad SUall DC tWO CCUtS. 

gSo^"^ '^"^' ^^c- ^' That any other duly incorporated street-railway 

other railway company in the District of Columbia shall have the right 

S^Ss^S*^ ^^"^ i^^ ^*rs ^v^r that portion of the route hereinbefore 

of Pennsylvania named south of Pennsylvania avenue, upon such fair and 

avenue on eqnl- ^-xuix i. i S. .T . , 

table terms. equitable terms as may be agreed upon between the said 
companies; and in the event that the said companies shall 
fail to agree upon satisfactory terms, either of said com- 
panies may apply by petition to the supreme court of the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 29 

District of Columbia, which shall provide for proper notice 
to, and hearing of, all parties in interest; and shall have 
power to determine the terms and conditions upon which 
and the regulations under which, the said company or com- 
panies using the tracks over the route before named may 
use and en]oy said tracks, and the amount and manner of 
compensation to be paid therefor. 

Sec. .5. /That Congress may at any time amend, alter, or Amendment 
repeal this act. ' 

Approved, March 3, 1881. 



of 



^and^ SonTh ^^11^ ^T ""^^ extension of the Capitol, North O Street March i.i883. 
and^South Washington Railway. (Now The Belt Railway Com- gtats 22 p 432: 

Be itmmted ly the Senate and Rome of Representatives 
(irt/ie Untied btates of America in Co^^r ess assembled, 'l\i^i oP^:^^^\ ^^'^t 
the C>ito], North O, Street and South Washington Rail- wfsSfn|?"o'S 
way Company is hereby authorized to extend its line, byam'^Jnde'd^*''" 
laying a single or double track, and running its carsr^^^^^°^ 
thereon, on the following streets in the city of Washington 
namely : Commencing with the intersection of its prisent 
line at Eleventh and E. streets northwest, and running east 
along E to Ninth street; thence south along Ninth street to 
liouisiana avenue; thence southwest along said avenueto 
Ohio avenue; thence west along Ohio avenue to its inter- 
section with Its present line at the junction of Ohio avenue 
and Iwelfth street northwest. 

Sec 2 That unless said extension is constructed and the 
cars run thereon within six months from the passage and 
approval of the act all rights granted hereunder shall be 
void: Irovided That no new track or tracks shall be laid 
along Ninth street from D. to Louisiana avenue, but said 
company may use the tracks of the Metropolitan Street 
Kailway Company between said points upon such terms 
and conditions as may be provided in the original act of 
mcorporation of said Capitol North O. Street^and South 
Washington Railway Company. 

Approved, March 1, 1883. 



Completion. 



No new tracks 
on Ninth street. 



'^South'm^hl^^'' the charter of the Capitol, North O 8treet and August 9. im 

of^ifrfTfi^H <A^ -Wfe and EmueofBepresentatives 

ii r-, '^?'*'f« atates of America in Conaress assembled That „*?!'""'• North 

the CWol, North O Street and SouTh Wal^biSton ^^^ 
r<f rSnj '^I'^reby authorized to extend its tracks S;?ia?5."'" 
named ^flof' b ^'■•^°" i^rougY^ and along the following Extension „, 
SLi ^H= ?«Sr"l?»"g at Fourteenth and B streete»°« 
southwest, east along B street southwest to Twelfth street 



30 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



I 



Two-cent fare 
repealed. 



southwest, to an intersection with its present line on said 
Twelfth street. 

Sec. 2. That section three of the act entitled "An act to 
amend the charter of the Capitol, North O street and 
South Washington Railway Company," approved March 
third, eighteen hundred and eighty-one, be, and the same 
is hereby repealed. 
Completion. Sec. 3. That unless said extension is completed and the 
cars run thereon within six months from the passage and 
approval of this act, the authority herein granted shall be 
void. 

Approved, August 9, 1888. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



31 



March 2, 1889. 



Deficiency bill, 1889. 



Stats. 25, p. 913. 

Payment of * * * Payment of Judgments. * * * The Capi- 
judgment. ^^^ j^^^^^ q ^^^^^^ ^^^ ^^^^^^ Washington Railway Com- 
pany versus John F. Cook, collector, and so forth, for one 
cent damages, together with $299.73 costs. 
Approved, March 2, 1889. 



1893.''''"*'"^ ^^' AN. ACT To change the name of the Capitol, North O Street and South 

— Washington Railway Company. 

Stats. 27, p. 462. ^ ^ F-^j- 

Bezt enacted hy the Senate and House of Representatives 
o sti^et^a?d^/^^^ United States of America in Congress assembled. That 

toTR'f^Nime w T^^ ^^ ^^^ ^^^^ Capitol, North O Street and South 
changed to Belt vV ashington Railwav Company be, and the same is herebv 
R^iway com-ehangecf to -The Belt Railway Company:" Provided, That 
said change shall not affect pending suits against said com- 
pany nor the enforcement of existing contracts with said 
company. 

Approved, February 18, 1893. 



June 10. 1896. AN ACT To extend the routes of the Eckington and Soldiers' Home 
Railway Company and of the Belt Railway Company, of the Dis- 
trict of Colmnbia, and for other purposies. 

Be it enacted hy the Senate and House of Representatives 

soM^re^ Horn? ^^}^ United States of America in Congress assemUed, That 

and BeitR'ycom- within three months from the passage of this Act the 

amended.^^" Eckington and Soldiers' Home Railway Company and the 

Belt Railway Company, both of the District of Columbia, 

JtKfmLtoiS^ ^^^P^^*^^®^^' ®^^^^ ^^^i'^ t^ ^<iuip those portions of their 
■ respective hues which are situated within the boundaries 
of the city of Washington with compressed-air motors. 
If after a trial of three months the said compressed-air 
motors shall, in the judgment of the Commissioners of the 
District of Columbia, prove to be in all respects a proper 



and satisfactory motive power for the speedy and con- 
venient propulsion of street cars, then the said Commis- 
sioners are hereby authorized and directed to issue to the 
said railway companies, respectively, permits to equip 
their lines within the District of Columbia with such 
compressed-air motors; and within six months from the To cease use of 
passage of this Act the said railway companies shall cease il? S^oShs^*"' 
to use horsepower on any and all of their respective lines. 
In the event that the said compressed-air motors shall not Electric under- 
be approved as herein provided for, then within eighteen KbltnS ^ 
months from the passage of this Act the said companies, SnSactSS''^ 
respectively, shall construct and put into full operation on 
all their lines in the city of Washington the underground 
electric system. No extension of any of the lines in this 
Act provided for shall be operated by horsepower: And ^?^u^^^^^ 
provided further. That within thirty days from the passage exten^onT*^**" 
of this Act cars shall be regularly run over the existing 
tracks, beginning at the intersection of G street and New 
Jersey avenue, thence across New Jersey avenue to and 
along G street to North Capitol street, thence north on 
North Capitol street to T street, according to a schedule 
satisfactory to the Commissioners of the District of Colum- 
bia. Neglect or failure to comply with the provisions of 
this section shall subject the corporation so neglecting or 
failing to a penalty of fifty dollars for each and every day 
during which such failure or neglect continues, said penalty 
to be recovered by the Commissioners of the District of 
Columbia in any court of competent jurisdiction. 

Sec. 2. That the Eckington and Soldiers' Home Railwav « f5.ki°F**W*"<' 
Company of the District of Columbia be, and the same here- Ranwly. ^"""^^ 
by IS, authorized to lay down and operate a street railway in 
the city of Washington, District of Columbia, through and 
along the following-named streets and avenues, to wit: 

Beginning at the junction of Eighth and D streets Extension on 
northeast; thence by double track south along Eighth street ft?^'^ ''''^ '' 
to street south; thence by single track as follows: west 
on C street south to Seventh street east; thence south 
on beventh street east to M street south; thence east on ' 
M street south to Georgia avenue; thence northeast on 
Georgia avenue to Ninth street east; thence north on Ninth 
street east to C street south; thence west on C street south 
to Eighth street east. 

Sec. 3. That said Eckington and Soldiers' Home Rail- /"."l,**^ ""^ 
way Company is authorized to increase its capital stock or 
to issue bonds for such amount as mav be necessary to pay 
the actual cost of constructing and equipping the extensions 
hereinbefore authorized: Provided, That the question as to 
the amount to be provided for in connection with such exten- 
sion and the method of providing for the same, whether by 
issuance of stock or bonds, shall be decided by a majority in 
value of the stockholders at a meeting to be called for the pur- 
pose after reasonable notice; and authority is hereby con- 
terred upon said company, in case of issuance of bonds, to 
make due conveyance of its corporate franchises and prop- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



38 



32 



Issue limited 
to cost of con- 
struction and 
equipment. 



Extension of 
Belt Railway to 
Le Droit Park. 



1 n 
street. 



Completion. 




Belt Railway 
Co. may increase 
stock or issue 
bonds. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

erty for the purpose of securing the same: Provided^ how- 
ever^ That any such conveyance by way of mortgage shall 
be subject to the prior lien already created by deed of trust 
dated June first, eighteen hundred and ninety-one, and 
recorded in liber fifteen hundred and eighty, folio three 
hundred and twenty-seven and following, of the land 
records of the District of Columbia, which conveys all the 
real estate and franchises of said railroad, as well as the 
line of said railroad now existing and such additions thereto 
at any time made, located, extended, or constructed: And 
jyi^mided. That said Eckington and Soldiers' Home Railway 
Company shall not have its stock and bonds outstanding 
at any one time to a greater amount than the actual cost 
of the construction and equipment of said railway; which 
actual cost shall be ascertained by the supreme court of 
the District of Columbia in such manner as the said court 
shall prescribe. 

Sec. 4:. That the Belt Railroad Company of the District 
of Columbia be, and the same hereby is, authorized to lay 
down and operate a double-track railway, with the neces- 
sary switches and turn-outs, in the city of Washington, 
District of Columbia, through and along the following- 
named streets and avenues, to wit: 

Beginning at Fourth and O streets northwest; thence 
north on Fourth street west to Florida avenue; thence 
north crossing Florida avenue to Harewood street; thence 
along Harewood street to Elm street; thence west along 
Elm street to Linden street; thence north on Linden street 
to Pomeroy street; thence west on Pomeroy street to the 
east building line of Seventh street west extended. 

Also beginning at the present terminus of the Belt Rail- 
way on Water street, near N street south; thence south 
along Water street to P street south by an extension of 
the present tracks of the Belt Railway; thence by fur- 
ther extension of said tracks east along P street south to 
Delaware avenue: Provided., That if there is not sufficient 
room for two tracks on Water street without encroaching 
on tracks already there, that the said Belt Line Railway 
Company shall purchase, at its own cost, sufficient ground 
to open Water street from the terminus of its line as now 
located along said projected route to P street. 

Sec. 5. That the construction of the extensions hereby 
authorized shall be completed within one year after the 
approval of this Act: Provided^ That in case any one or 
more of the said extensions shall not be completed and 
operated regularly within the time specified, then so much 
of this Act as authorizes such uncompleted extensions shall 
be void and of no eflect. 

Sec. 6. That said Belt Railway Company is authorized to 
increase its capital stock or to issue bonds for such amounts 
as may be necessary tg pay the actual cost of constructing 
and equipping the several extensions hereinbefore author- 
ized : Provided., That the question as to the amount to be pro- 



Water 



vided for in connection with each extension and the method 
of providing for the vsame, whether by issuance of stocks or 
bonds, shall be decided by a majority in value of the stock- 
holders at a meeting to be called for the purpose after 
reasonable notice; and authority is hereby conferred upon 
said company, in case of issuance of bonds, to make due 
conveyance of its corporate franchises and property for the 
purpose of securing the same: Provided., however^ That any 
such conveyance by way of mortgage shall be subject to 
the prior lien already created by deed of trust dated July 
thirty -first, eighteen hundred and ninety-one, and recorded 
in liber sixteen hundred and six, folios one hundred and 
ninety-seven and following, of the land records of the Dis- 
trict of Columbia, which conveys all the real estate and 
franchises of said railroad as well as the line of said rail- 
road now existing and such additions thereto at any time 
made, located, extended, or constructed: And provided^ 
That said Belt Railway Company shall not have its stock 
and bonds outstanding at any one time to a greater amount issue limited 
than the actual cost of the construction and equipment of Xictton^^ a^n^d 
said railway, which actual cost shall be ascertained by the equipment, 
supreme court of the District of Columbia in such manner 
as the said court shall prescribe. 

Sec. 7. That such extensions of said railroads and each constraetion. 
of them shall be constructed on such grade and in such 
manner as shall be approved by the Commissioners of the 
District of Columbia. 

Sec. 8. That it shall be lawful for said railway compa- 
nies and each of them, their and each of their successors 
or assigns, to make all needful and convenient trenches and 
excavations in any of said streets or places where said 
companies, or either of them, may have the right to con- 
struct and operate its road, and place in such trenches and 
excavations all needful and convenient devices for machin- 
ery for operating said railroad in the manner and by the 
means aforesaid. But whenever such trenches or excava- 
tions shall interfere with an}^ sewer, gas, or water pipes, 
or any subways or conduits, or any public work of the kind 
which has been ordered by the Commissioners, then the 
expense necessary to change such underground construc- 
tion shall be borne by the said railway company making 
such trench or excavation. 

Sec. 9. That each of the said corporations shall at all ^^'^• 
times keep the space between their tracks and rails and 
two feet exterior thereto in such condition as the Commis- 
sioners of the District of Columbia or their successors may 
direct; and whenever any street occupied by either of said 
railways is paved and repaired or otherwise improved, the 
said corporation shall bear all expense of improving the 
spaces above described. Should either of the said corpora- 
tions fail to comply with the orders of the Commissioners 
the work shall be done by the proper officials of the Dis- 
trict of Columbia, and the amounts due from such corpora- 

16400—05 3 



Excavations. 



^ 



Annual report 



See opinion of 
atty. D. C. Febru- 
ary 8, 1898, opin- 
ion books, vol. 8, 
p. 448, which re- 
quires Bait, and 
Wash. Co. to re- 
port through 
Com. D. C. 



ii 



P 



34 LAWS EELATING TO STREET-RAILWAY FRANCHISES. 

tion shall be collected as provided by section five of the 
Act entitled "An Act providing for a permanent form of 
government for the District of Columbia," approved June 
eleventh, eighteen hundred and seventy-eight. 

Sec. 10. That every street-railroad corporation in the 
District of Columbia, and every such coi-poration which 
shall hereafter be organized, shall, on or before the first 
day of February in each year, make a report to each the 
benate and the House of Representatives, which report 
shall be sworn to and signed by the president and treasurer 
of such corporation, and shall cover the period of one year 
ending the thirty-first day of December previous to the 
date of making the report. Such report shall state the^ 
amount of capital stock, with a list of the stockholders and 
the amount of stock held by each; the amount of capital 
stock paid in; the total amount now of funded debt; the 
amount of floating debt; the average rate per annum of 
interest on funded debt; amount of dividends declared; 
cost of roadbed and superstructure, including iron; cost of 
land, buildings, and fixtures, including land damages; cost 
of cars, horses, harness, and motors and other machinery; 
total cost of road and equipment; length of road in miles; 
length of double track, including sidings; weight of rail, 
by yard; the number of cars and of horses; the number of 
motors; the total number of passengers carried in cars; 
the average time consumed by passenger cars in passing 
over the road; repairs of roadbed and railway, including 
iron, and repairs of buildings and fixtures; total cost of 
maintaining road and real estate; cost of general superin- 
tendence; salaries of ofi5cers, clerks, agents, and oflSce ex- 
penses; wages paid conductors, drivers, engineers, and 
motor men; water and other taxes; damages to persons 
and property, including medical attendance; rents, includ- 
ing use of other roads; total expense of operating road, 
and repairs; receipts from passengers; receipts from all 
other sources, specifying what, in detail ; total receipts from 
all sources during the year; payments for maintenance and 
repairs; payments for interest; payments for dividends on 
stock, amount and rate per centum; total payments during 
the year; the number of persons injured in life and limb; 
the cause of the injury, and whether passengers, emplovees,' 
or other persons. ^ ^ ^ , 

Sec. 11. That each of said companies shall receive a rate 
of fare not exceeding five cents per passenger, and the said 
companies, and each of them, shall make arrangements 
with all existing railway companies in the District of 
Columbia for the interchange of tickets in payment of fare 
on Its road: Provided, That within the limits of the Dis- 
trict of Columbia six tickets shall be sold for twenty-five 
cents. 

Sec. 12. ThatCongress reserves the rightto alter, amend, 
or repeal this Act. 

Approved, June 10, 1896. 



LAWS RELATING TO STREET-RAILWAF FRANCHISES. 



35 



Faro. 



Axaendment, 
etc 



JOINT RESOLUTION Extending time for compliance hy Eckington 
and Soldiers' Home Railway Company and the Belt Railway Com- 
pany with provisions of section one of an Act entitled an Act to ex- 
tend the routes of said railway companies, and so forth, approved February 
June tenth, eighteen hundred and ninety-six. 1897. 



MesoVced hy the Senate and House of Mepresentati/ves of 
the United States of America in Congress assembled. That ijme to instil 
the time granted by the Act approved: June tenth, eighteen ^. " ^^^^ ' 
hundred and ninety -six, within which the said Eckington 
and Soldiers' Home Railway Company, of the District of 
Columbia, and the Belt Railway Company, of the District 
of Columbia, shall begin to equip those portions of their 
respective lines which are situated within the boundary of 
the city of Washington with compressed-air motors, be, 
and it is hereby, extended to July first, eighteen hundred 
and ninety-seven: 

Sec. 2. That if said compressed-air motors shall be compressed- 
adopted, said companies shall completely equip their re- '°^®'**'- 
spective lines with such motive power on or before July 
first, eighteen hundred and ninety-eight. 

Sec. 3. That if said compressed-air motive power shall 
not be adopted on or before July first, eighteen hundred 
and ninety-seven, then said railway companies shall, within shaii equip 
one year from July first, eighteen hundred and ninety- ^^^^ ^e^wSic 
seven, equip the respective lines in the city of Washington system. 
with an underground electric system: Provided, That in 
case the said companies shall fail to comply with all of the 
requirements of this Act by the time therein fixed the said 
companies and each of them shall forfeit and pay to the Penalty for 
Commissioners of the District of Columbia the sum of one ^^^ 
hundred dollars for each day of such failure: And provided 
further, That if said companies shall fail to operate the 
whole of their respective lines as provided by An Act 
entitled An Act to extend the routes of said railway com- Penalty for 
panics, and so forth, approved June tenth, eighteen hun- SJ^TiL^^'^hJ^ 
dred and ninety-six, in such manner and on such schedules ^^• 
as the Commissioners shall approve, then said companies 
and each of them shall forfeit and pay to the District 
Commissioners the sum of one hundred dollars for each 
day of such failure. 

Sec. 4. All acts or parts of acts, inconsistent with this 
Act are hereby repealed. 

Approved, February 3, 1897. 



t 



AN ACT To define the rights of purchasers of the Belt Eailway, and June 24.1896. 

for other purposes. 

Be it ermcted hy the Senate and Hmise of Representatives 
of the United States of America in Congress assembled. That '*;?y s*^* '*»^- 
any corporation operating a street railroad within the SJy pu^'^';''' 
District of Columbia be, and it is hereby, authorized to 
purchase the property and franchises of the Belt Railway 
Company under any sale thereof by decree of court or 



36 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 



f 



Purchasing otherwise; and such corporation so purchasing may operate 
opSSteiine^asathe property and franchises so purchased as a part of its 
partofitssystem. system, subject to all rights and obligations imposed by 
existing legislation or by this Act, so far as the same shall 
be applicable; and in case the property and franchises of 
said Belt railway be purchased by any person or persons 
at any sale thereof under decree of court or otherwise, such 
person or persons, or his or their associates and assigns, 
io'^nchSes^of ^^^^^ posscss and cnjoy all the corporate rights, privileges, 
s/it Railway and franchises heretofore conferred on the said Belt ]^il- 
company. ^^^ Company by the Act of Congress approved March 
third, eighteen hundred and seventy-five, and the Acts 
amendatory thereof and supplemental thereto, as well as 
the right to be a corporation under this Act; and the in- 
corporation as hereby provided shall be completed and 
become effective whenever the said purchaser or purchasers 
and his or their associates or assigns shall file for record 

fective^oQ^flifaig ^^^^ ^^® recorder of deeds for the District of Columbia a 
certificate with certificate of incorporation hereunder, duly acknowledged, 
de^s.'***' ** ^ specif ying the name of such new corporation, its officers, 
and the names of its directors for the first year, and the 
Capital stock, amount of its proposed capital stock and bonds. The capi- 
tal stock of the corporation herein authorized shall be 
divided into shares, each of the par value of one hundred 
dollars; and any corporation so purchasing or so created 
and organized nereunder is authorized to issue its bonds 
and capital stock either for cash or in exchange for the 
Bonds. stock, bonds, property, or franchises of the said Belt Rail- 

way Company: Provided^ That stock and bonds may be 
issued to such an amount and upon such terms as may 
be agreed upon by a majority vote of the stockholders 
of such company: And provided further^ That the issue of 
Limit of issue, such stock and bonds shall not in the aggregate exceed the 
amount necessary for effecting any such purchase, lease 
or acquisition and for the construction, reconstruction and 
equipment of said Belt Railway, and shall in no case exceed 
the sum of one hundred and fifty thousand dollars per mile 
^^tification of Qf single track. And within one year from the ratification 
by the court of such sale the existing railroad company 
purchasing the said Belt Railway, or the corporation 
created and operating hereunder, shall, under the super- 
vision of the Commissioners of the District of Columbia, 
construct and put into full operation on the entire line of 
^^ergroundsaid railway as now constructed an underground electric 
ec c system, gyg^jj^ similar to the one now in use by the Metropolitan 
Railroad Company, upon plans to be submitted to and 
approved by the said Commissioners. And the said Com- 
commissioners niissioners are hereby authorized to require such slight 
slight changi in changes of tracks along the streets upon which the said 
Belt Railway is now constructed as may be necessary for 
the public convenience, and all expenses incident thereto 
to be borne by said railway company. And the right is 
hereby expressly reserved to Congress to require at any 
time the owner or owners of said railroad to widen any of 



tracks. 



To widen 
streets. 



Penalty. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



the streets along or over which said railroad line is now 
constructed, or to change the route thereof, and the entire 
expense of such widening of such street and all expenses 
incident or to a change of route thereto shall be borne by 
the owner or owners of said railroad. 

Sec. 2. That the purchaser or purchasers of the said Belt 
Railway shall, immediately after said purchase shall have 
been ratified as herein provided for, and before any permit 
shall be issued to begin such work, pay all taxes and spe- 
cial assessments due and unpaid to the District of Colum- 
bia, and all indebtedness due the employees for labor, or 
due others for coal, feed, horseshoes and other supplies, 
contracted for by the receiver of the said Belt Railway 
Company, duly appointed by the court, and used on behalf 
and for the benefit of said company during such receiver- 
ship, and to be approved by the court appointing said re- 
ceiver, and shall begin the construction of the underground 
electric system herein provided for; and if said system 
shall not have been completed at the expiration of one year 
from the ratification of the purchase of said railway as au- 
thorized by this Act the purchaser or purchasers thereof 
shall pay to the District of Columbia, in addition to all 
other taxes now required to be paid by the said Belt Rail- 
way Company, or by the purchaser or purchasers thereof, 
the sum of fifty dollars for each and every day thereafter 
until said road shall be completed. 

Sec. 3. That the Commissioners of the District of Colum- 
bia are hereby authorized and required to station special 
policemen at such street railway crossings and intersections 
m the city of Washington as the said Commissioners may 
deem necessary, the expense of such service to be paid pro 
rata by the respective companies ; every car shall be Drought 
to a full stop, immediately before making such crossing or 
intersection. Neglect or failure to pay for the service 
monthly, or to stop any car, as herein provided for shall 
subject the company to a fine of not to exceed twenty -five 
dollars for every such neglect or failure, to be recovered 
in any court of competent jurisdiction. 

Sec. 4. That the company or corporation installing an 
underground electric system under authority of this Act 
shall deposit such sum or sums as the Commissioners may 
require to cover the cost of District inspection and the cost 
of changes to public works in the streets. 

Sec. 5. That nothing herein shall be construed to relieve 
the said Belt Railway Company from any just liability, nor 
in any naanner as affecting any valid subsisting claim of 
any creditor against said corporation. 

Sec. 6. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, June 24, 1898. 



87 



|p 



Expense to be 
borne by rail- 
road. 



Purchaser 
shall pay taxes 
due; also indebt- 
edness to em- 
ployees and 
others. 






Time of com- 
pletion of under- 
ground system. 



Commissioners 
authorized to 
station special 
policemen at 
railwaycrossings 
at expense of 
railroad com- 
panies. 



Penalty. 



Deposits. 



Not to relieve 
from liabilities. 



BRIGHTWOOD RAILWAY COMPANY. 



AN ACT To incorporate the Brightwood Railway CJompany of the October 18. 1888. 

District of Columbia. gtats. 25, p. 560. 



Beit enactedhy the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
M. M. Parker, A. A. Thomas, C. M. Anderson, C. B. Pear- 
son, and Joseph Paul, of the District of Columbia, and 
their associates, successors, and assigns, be, and they are 
hereby, created a body corporate and politic, under the 
name of the Brightwood Railway Company of the District 
of Columbia, and may make and use a common seal, and bv 
that name may sue and be sued, plead and be impleaded, 
with authority to construct and lay down a single or with 
the approval of the Commissioners of the District a double 
track railway, with the necessary switches, turn-outs, and 
other mechanical devices and sewer connections, necessary to 
operate the same by horse, cable, or electric power, in the 
District of Columbia, through and alongBrightwood avenue, 
from Boundary street to the boundary-line of the District 
of Columbia, with the right to run public carriages thereon 
propelled by horse, electric, or cable power. Whenever the 
foregoing route or routes may coincide with the duly author- 
ized rout or routes of any other duly incorporated street- 
railway company in the District of Columbia, both com- 
panies shall use the same tracks, upon such fair and equita- 
ble terms as may be agreed upon by said companies; and 
in the event said companies fail to agree upon equitable 
terms, either of said companies mav apply, by petition, to 
the supreme court of the District oi Columbia, which shall 
hear and determine the matter in due form of law, and 
adjudge to the proper party the amount of compensation to 
be paid therefor. Said corporation isauthorized and empow- 
ered to propel its cars on such other lines as it shall coincide 
with by cable-power, or such other motive power as it shall 
use to propel its own cars with on the routes prescribed in 
this act, and may repair and construct such proportions of 
its road as may be upon the line or route or routes of any 
other road thus used; and in case of any disagreen^ent 
regarding such construction or repairs, with any company 
whose line is thus used, such disagreement may be heard 
and determined summarily upon the application of either 
road to any court in said District having common-law juris- 
diction. Said company shall receive a rate of fare not 
exceeding five cents for each passenger, for each continuous 

S9 



Brightwood 
Railway Co. in- 
corporated 
(amended). 



Motive power. 

Route (extend- 
ed). 



Coinciding 
tracks. 



Compensation 
for use. 



I 



Motive power 
on other tracks. 



Disagreement 
as to repairs. 



Fare. 



Taxes. 



I 



40 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

ride between all points of its line, but shall sell six tickets 
de^rnS^rrl-fo^ twentv-five cents: Promded, li electi?^ wiL™ 
pealed). are used the same shall be placed under ground- 

Annuaireport. Sec 2. That the Said railway company shall, on or before 
me litteenth 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 end- 
ing Decenpber the thirty-first, which report shall be verified 
by aflidavit of the president and secretary of said company ; 
and If said report is not made at the time specified, or 
within ten days thereafter, it shall be the duty o^ the Com- 
missioners to cause to be instituted judicial proceedings to 
forfeit this charter; and said company shall pay to the^is- 
trict of Columbia, m lieu of taxes upon personal property, 
including cars and motive power, for each year; four per 
centum of its gross earnings upon its traffic, which amount 
shall be 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 fran- 
chise and property of said company, both real and personal, 
to a sufficient amount, may be seized and sold in satisfac- 
tion thereof, as now provided by law for the sale of other 
property for texes; and said per centum of its gross earn- 
ings shall be in heu of all other assessments upon its per- 
sonal property, used solely and exclusively in the operation 
and management of said railway. Its real estate shall be 
taxed as other real estate in the District, provided its 
tracks shall not be taxed as real estate. 

Sec. 3. That the said railway shall be laid upon such part 
of the road as may be designated by the Commissions^ of 
the District, and must be constructed of good materials 
and m a substantial and durable manner, with the rails of 
the most approved pattern, all to be approved by the Com- 
missioners of the District, laid upon an even surface with 

t.tJr^'^^^i ?u *^^,.«*r^^^ and in such a manner as to 
mterfere with the ordinary travel as little as practicable: 
roads ^^"^^ correspond with that of other city rail- 

Sec. 4. That the said corporation shall, at its own expense, 
keep its tracks, and for the space of two feet beyond the 
outer rails thereof and also the space between the rails and 
tracks, well graded or paved and in good repair, so as to 
impede the general travel as little as possible. 

bEC 5. That m the event of a change of grade at any 
tim^ ot any of the streets, avenues, or roads occupied by the 
tracks of this corporation it shall be the duty ot^said com- 
pany to change its said railroad so as to conform to such 
grade as may have been thus established at its own expense. 

feEC. 6. That It shall be lawful for said corporation its 

p3ThTn-^''''F.V^^ ^^^ ^VVToveA of the Commission- 
ers of the District of Columbia, to make all needful and con- 
venient trenches and excavations and sewer connections 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



41 



Construction. 



Paving. 



Repairs. 



Changes 
grade. 



of 



Excavations. 



speoQ* 



Commence- 
ment and com- 



in any of said streets or places where said corporation may 
have the right to construct and operate its road, and place 
in such trenches and excavations all needful and convenient 
devices an4 machinery for operating said railroad in the 
manner and by the means atoresaia; and said sewer con- 
nections shall have such traps or other devices as may be 
required by the Commissioners of the District of Columbia; 
it shall also be lawful for said corporation, its successors 
or assigns, to erect and maintain, at such convenient and 
suitable points along its lines as may seem most desirable 
to the board of directors of the said coi*poration, subject 
to the approval of the Commissioners of the District, an 
engine house or houses, boiler house or houses, and all^^^^^*8*^*io«ae^ 
other buildings necessary for the successful operations of 
an electric or cable-motor railroad. 

Sec 7. That it shall not be lawful for said corporation, 
its successors or assigns, to propel its cars over said rail- 
road, or any part thereof, at a rate of speed exceeding fifteen 
miles per hour; and for each violation of this provision 
said corporation, its successors or assigns, as the case may 
be, shall be subject to a penalty of fifty dollars, to be recov- 
ered in anj^ court of competent jurisdiction at the suit of 
the Commissioners of the District of Columbia. 

Sec. 8. That the said railway shall be commenced within ^^ 
three months and completed to Brightwood within twelve pieUonT 
months from the passage of this act; and the entire line to 
be completed in two years from the passage of this act. 

Sec. 9. That the capital stock of said company shall not capital stock, 
exceed, if horse power is to be used, sixty thousand dollars. 
If electric motor power is to be used, the capital stock shall 
not exceed one hundred and two thousand dollars. If pro- 
pelled by cable, the capital stock shall not exceed two hun- 
dred and four thousand dollars; that the stock shall be 
divided into shares of fifty dollars each, transferable in such 
manner as the by-laws of said company may direct; and 
said company shall require the subscribers to the capital 
stock to pay in cash the amount by them respectively sub- 
scribed, at such times (after the first installment) and in such 
amounts as the board of directors may deem proper and 
necessary in the construction of said road; and if any stock- 
holder shall refuse or neglect to pay any installment, as 
required by a resolution of the board of directors, after 
reasonable notice of the same, the said board of directors 
may sell at public auction, to the highest bidder, so many 
shares of his said stock as shall pay said installment; and 
the person who offers to purchase the least number of shares 
for the assessment due shall be taken as the highest bidder, 
and the sale shall be conducted under such general regula- 
tions as may be made in the by-laws of said company; but 
no stock shall be sold for les^than the total assessments 
due and payable, or said corporation may sue and collect 
the same from any delinquent subscriber, in any court of 
competent jurisdiction. 



Payments. 



Failure to pay 
assessments. 



4-.-«4 



42 LAWS EELATING TO STBEET-BAILWAY FJ8AN0HI8E8. 



i^ 



Cars. 
Equipment 



Timetable. 



ShopB, depots, 
etc 



Lost articles, 



Ok^snizatioii. 



Payment at 
time of subecTib- 
ing. 



Payments to be 
in money. 



FixBt meeting 
of stockholders. 



Sec. 10. That the company shall place cars of the best 
construction on said railway, with all modern improvements 
necessary to the convenience and comtort of passengers, and 
shall run cars thereon as often as the public convenience may 
require, m accordance with a table or schedule fixed bv the 
company a copy of which shall be filed with the Coimnis- 
sioners of the District of Columbia and approved by them 

bEC. 11. That the company shall buy, lease, or construct 
such passenger-rooms, ticket-offices, workshops, depots, 
lands, and buildmgs as may be necessary at such noints on 
DistrTt^ ^ay ^ approved by the Commissioners of the 

Sec. 12. That all articles of value that may be inadvert- 
ently left m any of the cars or other vehicles of the said 
com^ny shall be taken to its principal depot and entered 
m a book of record of unclaimed goods, which book shall 
be open to the inspection of the public, and if said property 
remains unclaimed for one year the company may sell the 
same after five days' notice. t' j ^ »«ii me 

Sec. 13. That within thirty days after the passage of this 
act the corporators named in the first section, or a majority 
of them, or if any refuse or neglect to act, then a ma prity 
of the remainder, shall cause books of subscription to the 
capital stock of said company to be opened and kept open 
m some convenient and accessible place in the District of 
Columbia, from nine o'clock in the forenoon till five o'clock 
m the afternoon, for a period to be fixed by said corporators, 
not less than five days (unless the whole stock shall be 
sooner subscribed for); and said corporators shall give pub- 
lic notice by advertisement in at least two daily papers 
published m the city of Washington, of the time when and 
the place where said books shall be opened; and subscrib- 

!h!n ^.''^k'm'! ^^""^F ^J^.% ^^P^^^ «t^^l^ «f ^^^ company 
shall be he d to be stockholders: Provided, That every sub- 
scriber shall pay , at the time of subscribing, ten per centum 
of the amount by him subscribed, to the treasurer appointed 
by the cori)orators, or his subscription shall be null and 
void: Fromded further. That nothing shall be received in 
payment of the ten per centum, at the time of subscribing 
^cept lawful money or certified checks from any nationii 
l^nk. And when the books of subscription to the capital 
ni'J^.H''- ^.t^^i^^^^P^^y shall be closeS, the corporators 
named in the first section, or a majority of them, and in 
case any of them refuse or neglect to act, then a majority 
ih^lt f "^^'^.^^^ «^^ i' ^ithm twenty days thereafter, call 
the first meeting of the stockholders of said compan^, to 
meet within ten days thereafter, for the choice of directors 
of which public notice shall be given for five days in two 
newspapers published daily in the city of Washington, and 
by written personal notice tp each stockholder by the clerk 
of the corporation; and in all meetings of the stockholders 
each share shall entitle the holder to one vote, tX iven 
m person or by proxy. ' ^ 



LAWS relating TO STREET-RAILWAY FRANCHISES. 



43 



Sec. 14. That the government and direction of the affairs the^^°^®°**^' 
of the company shall be vested in a board of nine direct- 
ors, who shall be stockholders of record, and who shall 
hold their office for one year, and until their successors 
are duly elected and aualified; and the said directors, a 
majority of whom shall be a quorum, shall elect one of 
their number president of the board, who shall also be presi- 
dent of the company; and they shall also choose a vice- 
president, a secretary, and a treasurer, the latter of whom 
shall give bonds with good and sufficient surety to said 
company in such sum as the said directors may require, for 
the faithful discharge of his trust. In case of a vacancy 
in the board of directors by death, resignation, or otherwise 
the vacancy so occasioned shall be filled by the remaining 
directors. 

Sec. 15. That the directors shall have the power to make By-iawi. 
such by-laws, rules, and regulations as they shall deem 
needful and proper touching the disposition and manage- 
ment of the stock, property, estate, and effects of the com- 
pany and the management of its business, not contrary to 
this charter or to the laws of the United States and the 
ordinance of the District of Columbia. 

Sec. 16. That there shall be an annual meeting of the Annual meet- 
stockholders to choose directors, to be holden at such time ^* 
and place, under such conditions, and upon such notice as 
the said company in their by-laws may prescribe; and said 
directors shall annually make a report in writing of their 
doings to the stockholders. 

Sec. 17. That said company shall have at all times the J[^ ^^ ^ 
free and uninterrupted use of its road-way; and if any per- '^*^' 
son or persons shall willfully, mischievously, and unneces- 
sarily obstruct or impede the passage of the cars of said 
railway with a vehicle or vehicles, or otherwise, or in any 
manner molest or interfere with passengers or operatives 
while in transit, or destroy or injure the cars of said rail- 
way or depots, or other property belonging to said rail- 
way, the person or persons so offending shall forfeit and 
pay for each such offense not less than twenty-five nor more 
than one hundred dollars, to be recovered as other fines 
and penalties in said District, and shall also be liable to 
said company, in addition to said penalty, for any loss or 
damage occasioned by his or her or their act as aforesaid; 
but no suit shall be brought unless commenced within sixty 
days after such offense shall have been committed. 

Sec. 18. That said company shall have the right of way 
across such other railways as are now in operation within 
the limits pf the lines granted by this act, and is hereby 
authorized to construct its said road across such other rail- 
ways: Provided, That it shall not unnecessarily interrupt 
the travel of such other railways in such construction. 

oEc. 19. That Congress reserves the right to alter, amend, 
or repeal this act. 6 5, 

Approved, October 18, 1888. 



Crossings. 



Amendment 



44 



LAWS BELATING TO 8TEEET-RAILWAY FRANCHISES. 



July 26, 1892. AN ACT To amend an act entitled "An act to incorporate the Bright- 



Stats. 27, p. 270. 



wood Railway Company of the District of Colmnbia." 



Brightwood 
Railway Co., 
charter amend- 
ed. 



Overhead 
wires. 



Gm. 



Extension of 
racks to Dis- 
rict line. 



To Takoma 
Park. 



Cara. 

Schedule. 



Commence- 
ment and com- 
pletion. 

Condemnation 
of land required. 



Be it endctedhy the Senate and House of Representatives 
of the United States of America in Congress assembled^ That 
tne charter granted to the Brightwooa Railway Company 
hj an act of Congress approved October eighteenth, 
eighteen hundred and eighty-eight, be, and the same is, 
amended as follows: 

" That within six months from the date of the approval of 
this act, the said Brightwood Railway Company shall equip 
and operate its existing line with the overhead trolley sys- 
tem of electric motive power, and shall thereafter maintain 
the road in first-class condition. That the road shall be 
supplied entirely with new cars of the most approved pat- 
tern, which shall be run as the public convenience shall 
require, but not less frequently than one car every fifteen 
minutes from each end of the line, between five o'clock 
ante meridian and twelve o'clock midnight. 

"Sec. 2. That within twelve months from the date of the 
approval of this act the said Brightwood Railway Company 
shall extend its tracks to the District line, as provided in 
the original charter of said company, and shall operate the 
new portion of the line in the same manner and under the 
same conditions as hereinbefore provided for the operation 
of those portions of the road already built. The said com- 
pany shall also constructand maintain a branch line, begin- 
ning at a point, to be located by the Commissioners of the 
District of Columbia, west of the Baltimore and Ohio Rail- 
road track on Fifth street in Takoma Park; thence along 
Fifth street to Umatilla street; thence west along Umatilla 
street to and across Piney Branch road, and thence to 
Brightwood avenue by such route as the Commissioners of 
the District of Columbia shall approve. Said branch line 
shall be operated bjr the overhead trolley system; and when 
the company lays its double track from Brightwood to Ta- 
koma Park said tracks shall be laid on one side of the said 
road; the cars used shall be first-class in every respect, and 
the schedule of the running of cars shall be subject to the 
approval of the District Commissioners, but cars shall be 
run as often as one every fifteen minutes between the hours 
of five o'clock ante meridian and twelve o'clock midnight. 
Work on the said branch road shall be be^un within two 
months and completed, with cars running tnereon, within 
one year from the date of the approval of this act. 

" Sec. 3. That in the event that the company should not 
be able to come to an agreement with the owner or owners 
of any land through which the said road may be located to 
pass, or upon which any necessary buildings may be re- 
quired to be located, proceedings for the condemnation for 
tne use of the company of so much of said land as may be 
required, not exceeding one hundred feet in width, for its 
roadway, and of so much as may be necessary for build- 
ings, and so forth, may be instituted in the usual way in 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



45 



the supreme court of the District of Columbia, under such 
rules and regulations as said court may prescribe for such 
purposes. 

' ' Sec. 4. That any failure to comply with any of the pro- Forfeiture 
visions of this act shall work a forfeiture of the original ° ^^* 
charter of the said Brightwood Railway Company. All 
acts or parts of acts inconsistent witbthe provisions of this 
act are hereby repealed. 

"Sec. 5. That Congress reserves the right to alter, 
amend, or repeal this act." 

Approved, July 26, 1892. 



Amendment 
and repeal. 



Route. 



AN ACT To amend the chari:er of the Brightwood Railway Company February 27, 

of the District of Columbia. ^^ 

. -7 7 7 rv stats. 27, p. 490. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That Brigh t wood 
the Brightwood Railway Company of the District of ?onstmctbranSJ 
Columbia is hereby authorized to construct, equip, and^"^®- 
operate, with the overhead trolley system of electric motive 
power, a branch line of road and to run its cars thereon 
through and along the following-named roads or streets in 
the District of Columbia; 

Beginning at the intersection of the Rock Creek Church 
road and Richmond street, in the subdivision of Petworth, 
arid running thence westerly along said Richmond street to 
Brightwood avenue; thence Southerly along the present 
tracks of the said Brightwood Railway on said Brightwood 
avenue, to the intersection of Marshall street with said 
Brightwood avenue; thence westerly along and over said 
Marshall street to Kenyon avenue; thence along said Ken- 
yon avenue westerly to Fourteenth street. 

Sec. 2. That work on said branch road shall be begun 
within six months and completed— with cars running ^ieti'o£ 
thereon — within one year from the date of the approval of 
this act. (And said branch road shall be supplied with new 
cars of the most approved pattern, which shall be run as 
the public convenience may require, and said branch road 
shall be maintained in first-class condition.) And said 
Brightwood Railway Company shall charge not exceeding 
five cents fare for one continuous ride from any point on 
its line to the terminus of its main line or any of its 
branches. 

Sec. 3. That for the purpose of constructing and equip- 
ping its said branch line, as provided for in this act, the 
said Brightwood Railway Company is hereby authorized 
and empowered to issue its bonds to aid in paying for such 
construction and equipment of its said branch line, and to 
secure the said bonds by mortgage or deed of trust of its 
^R"t of way and all of its property of whatsoever kind, 
^.^^^er real, personal, or mixed, on said branch line: Fro- 
mdM, That the moneys raised on said bonds shall be usedc^® **^ '*'°" 
and expended only for the construction and equipment of 



Commence- 
ment and corn- 



Cars. 



Fare. 



Bonds. 



46 



LAWS BELATING TO STREET-BAILWAY FRANCHISES. 



ig^™^' ^^ ^^^said branch line: And provided further^ That the amount 
of said bonds shall not exceed the actual cost of the right 
of way, construction, and equipment, motive power, and 
such land and buildings as may be necessary to the prac- 
tical and complete operation of said branch line. 

^Mnciding gj,^ 4 rpjjg^^^ ^\io\A^ any part of the branch line of said 
Brightwood Railroad herein provided for coincide with por- 
tions of any other duly incorporated street railway in the 
District of Columbia, but one set of tracts shall be used 
when, on account of the width of the street or for other 
sufficient reason, it shall be deemed necessary by the Com- 
missioners of the District, and the relative conditions of 
Tennsofuse. use and of chartered rights may be adjusted upon terms 
to be mutually agreed upon between the companies, or, in 
case of disagreement, by the supreme court of the District 
of Columbia, on petition filed therein by either party and 
on such notice to the other party as the court may order. 

wJrSi^'bSd- ^^^- ^' That in the event that the company should not be 

ings. able to come to an agreement with the owner or owners of 

any land through which the said branch line may be located 

to pass or upon which any necessary buildings may be re- 

condemnation quired to be locatcd, proceedings for the condemnation for 

proce ngs. ^^ ^^^ ^^ ^^j^ company of so much of said land as may be 
required, not exceeding: one hundred feet in width, for its 
roadway, and of so much as may be necessary for buildings, 
and so forth, may be instituted in the usual way in the 
supreme court of the District of Columbia, under such 
rules and regulations as said court may prescribe for such 
purposes. 

amended' * ^ ' ^^^' ^' ^^^^ ^^^ ^^* ^2^\. be Considered as an amend- 
ment to the act approved October eighteenth, eighteen hun- 
dred and eighty eight, granting a charter to the Brightwood 
Railway Company, and shall be construed as being subject 
to all the powers, privileges, limitations, and conditions of 
said original act, except as specifically provided otherwise 
herein. 

Sec. 7. This act may be altered, amended or repealed 
by Congress at any time, at its discretion. 

Approved, February 27, 1893. 



Jnly 7, 1898. AN ACT To require the Brightwood Railway Company to abandon its 
overhead trolley on Kenyon street, between Seventh and Fourteenth 
streets. 

Be it enacted hy the Senate and Hcmse of Representatives 
of the United States of America in Congress assembled, That 
the Brightwood Railway Company of the District of Co- 
lumbia be, and it is hereby, required, within one month 
To vacate lin^ from the passage of this Act, to vacate that part of its road 
K°eiiyonstree*te. lying on Kenyon and Marshall streets, between Seventh 
and Fourteenth streets, in said District, and remove its 
tracks and poles therefrom: Provided^ hmoever^ That said 
company shall have the right at any time within one year 



LAWS EELATING TO STREET-RAILWAY FRANCHISES. 47 

from the passage of this Act to equip and operate said 
road with underground electric power, such as is now used 
by the Metropolitan Railroad Company. In case said com- Forfeitore. 
pany shall neglect or refuse to equip said road as afore- 
said within said period of one year, then their right to do 
so shall stand as forfeited and their charter repealed as to 
said part of said road: And provided further^ That in case 
said railroad company shall refuse to remove its tracks 
and poles from said street within thirty days as aforesaid, 
then its charter to that part of said road shall stand for- 
feited and repealed from said date, and after the expira- 
tion of said thirty days said Brightwood Railway Company 
shall be liable to a fine of twenty-five dollars a day for Penai^. 
each day its tracks, or any part thereof, or its poles, or 
any one of them, shall remain in said Kenyon or Marshall 
streets, said fine to be collected in any court of competent 
jurisdiction at the suit of the Commissioners of the Dis- 
trict of Columbia. 

Sec. 2. That said railway company, for the purpose only 
of equipping said branch with underground electric power, 
shall have the right to issue its bonds bearing interest not Bonds, 
to exceed six per centum per annum, payable at such time 
as the officers of the company may deem expedient: Pro- 
vided^ That the issue of said bonds shall not in the aggre- 
gate exceed the amount necessary for the equipment afore- 
said, and the total outstanding bonds and stock shall in 
no event exceed the sum of one hundred and fifty thousand 
dollars per mile of single track. 

Sec. 3. That the Brightwood Railway Company is hereby J^^'ected to sen 
directed to sell four coupon tickets for twenty-five cents for^^ente?^ 
for use over the lines of said company and the Capital 2i^i?Stio2*<^" 
Traction Company and to redeem the coupons when pre- 
sented by said Capital Traction Company; and the pro- 
visions of section five of the Act approved February Act of Febm- 
twenty-sixth, eighteen hundred and ninety-five, entitled |Sdgg 'SpS; 
An Act to amend the charter of the Metropolitan Railroad tickets extended 
Company of the District of Columbia," which relate to th^^i^^'"'^ "^ '"^ 
issue, use, and redemption of said tickets and coupons in 
the case of the Brightwood Railway and the Metropolitan 
Railroad companies, and the penalty for violation of the 
provisions of said section of said Act, and the recovery 
of said penalty, and the authority and jurisdiction of cer- 
tain courts to enforce the requirements and provisions of 
said section, shall apply to the issue, use, and redemption 
^* ^upon tickets on the lines of said Brightwood Railway 
and Capital Traction companies; and the aforesaid pro- 
visions of said section are hereby made a part of this Act. 
Approved, July 7, 1898. 



!l 



^\ 



ii 



CAPITAL BAILWAT COKPAITT. 



f 



I 



AN ACT To incorporate the Capital Railway Company. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Co7igress assembled^ That 
John B. Stetson, Augustus Burgdorf , Clarence F. Norment, 
Arthur E. Randle, Harry Upson Sims, Henry C. Long- 
necker, W. Frederick Snyder, Joseph B. Lewis, and Wil- 
liam Henry Handle, of , their associates and assigns, 
be, and they are hereby, created a body corporate under the 
name of the Capital Railway 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 within the United States, 
and may make and have a common seal. And said cor- 
poration is hereby authorized to construct and lay down a 
street railway, with the necessary switches, turn-outs, and 
other mechanical devices in the District of Columbia, and 
run cars thereon for carrying passengers, parcels, milk, 
and truck by and along the following route: Beginning at 
a point on the District line near the Potomac River, south- 
east of Shepherds Ferry, thence north by such route as 
shall be approved by the District Commissioners to the 
south side of the Eastern Branch or Anacostia River, 
thence across the same by transfer ferry to First street or 
South Capitol street, as may be approved by the District 
Commissioners, to M street, over the same route to the 
beginning; also commencing at Anacostia railroad tracks 
and Harrison street, Anacostia; thence along Harrison 
street and Good Hope Road, Good Hope Road extended, 
to the District line, and return over same route. These 
routes may be modified or extended at the will of Con- 
gress, and the Capital Railway Company shall comply 
with such modifications or extensions. 

Sec. 2. That whenever the roadway of any street occu- 
pied by the Capital Railway Company is widened, one-half 
of the cost of widening and the improvement of such 
widened part shall be charged to the said railway com- 
pany, and collected from said company in the same man- 
ner as the cost of laying or repairing pavements lying 
between the exterior rails of the tracks of street railways, 
and for a distance of two feet from and exterior to such 
track or tracks on each side thereef , is collectible under 
the provisions of section five of the Act entitled "An Act 
providing a permanent form of government for the District 
of Columbia," approved June eleventh, eighteen hundred 
and seventy-eight. 



March 2, 1895. 
Stats. 28, p. 721. 



Capital Rail- 
way Co., incorpo- 
rated (amend- 
ed). 



Authorized to 
carry passengers, 
parcels, milk, 
and truck. 

Route (amend- 
ed). 



Ferry (repeal- 
ed). 



Widening o f 
streets. 



16400—05- 



49 



50 



LAWS RELATING TO STREET-EAILWAY FRANCHISES. 



Route along 
country road. 



Construction. 



Proving. 



Lights. 



Change 
grade. 



of 



Excavations. 



Sec. 3. That when the route described coincides with 
that of a country road of less width than sixty-six feet the 
railway shall be constructed entirely outside ttie road. 

Sec. 4. That the said railway shall be constructed in a 
substantial and durable manner, and all rails, electrical 
and mechanical appliances, conduits, stations, and so forth, 
shall be approved by the Commissioners of the District of 
Columbia. 

Sec. 5. That the said corporation shall at all times keep 
the space between its tracks and rails and two feet exte- 
rior thereto in such condition as the Commissioners of the 
District of Columbia, or their successors, may direct, and 
whenever any street occupied by said railway is paved or 
repaired or otherwise improved the said corporation shall 
bear all the expense of improving the spaces above de- 
scribed. Should the said corporation fail to comply with 
the orders of the Commissioners the work shall be done by 
the proper oflScials of the District of Columbia, and the 
amounts due from said corporation shall be collected as 
provided by section five of the Act entitled ^'An Act pro- 
viding a permanent form of government for the District 
of Ccuumbia," approved June eleventh, eighteen hundred 
and seventy-eignt. 

Sec. 6. That if the said railway be operated by overhead 
wires, the corporation shall furnish and maintain such 
lights along its line as the Commissioners of the District 
of Columbia may direct, without cost to the District of 
Columbia; but no overhead wires shall be constructed or 
used within the limits of the city of Washington. 

Sec. 7. That nothing in this Act shall prevent the Dis- 
trict of Columbia at any time, at its option, from altering 
the grade of any avenue, street, or highway occupied by 
said railway, or from altering and improving streets, ave- 
nues, and highways, and the sewerage thereof; in such 
event it shall be the duty of said company at once to 
change its said railway and the pavement so as to conform 
to such grades and improvements as may have been 
establishhed. 

Sec. 8. That it shall be lawful for said railway company, 
its successors or assigns, having first obtained the permis- 
sion of the District Commissioners therefor, to make all 
needful and convenient trenches and excavations in any of 
said streets or places where said company may have the 
right to construct and operate its road, and place in such 
trenches and excavations all needful and convenient de- 
vices and machinery for operating said railroad in the 
same manner and by the means herein provided, but shall 
forthwith restore the street to like good condition as it was 
before. But whenever such trenches or excavations shall 
interfere with any sewer, gas, or water pipes, or any sub- 
ways or conduits, or any public work of the kind, then the 
expense necessary to change such underground construc- 
tions shall be borne by the said railroad company. 



LAWS relating TO STREET-RAILWAY FRANCHISES. 



61 



etc 



Engine houses 



Sec. 9. That the said company shall, before commencing Deposit foi 
work on said railroad on such street, deposit with the^**®'™**"** 
Treasurer of the United States, to the credit of the Wash- 
ington Aqueduct, such sum as the Secretary of War may 
consider necessary to defray all the expenses that may be 
incurred by the United States in connection with the inspec- 
tion of the work of construction of said railroad on such 
street, and in making good any damages done by said 
company or its works, or by any of its contracting agents, 
to any of said mains, fixtures, or apparatus, and in com- 
pleting, as the Secretary of War may consider necessary, 
any of the work that the said company may neglect or 
refuse to complete, and that the Secretary of War may 
consider necessary for the safety of said mains, fixtures, or 
apparatus; and the said company shall also deposit as 
aforesaid such further sums for said purposes at such 
times as the Secretary of War may consioer necessary: 
Provided^ That the said sum shall be disbursed like other 
moneys appropriated for the Washington Aqueduct, and 
that whatever shall remain of said*deposits at the end of 
one year after the completion of said railroad in such street 
shall be returned to said company on the order of the Sec- 
retary of War, with an account of its disbursement in 
detail: And provided also^ That disbursements of said 
deposits shall, except in cases of emergency, be made only 
on the order of the Secretary of War. 

Sec. 10. That it shall also be lawful for said corporation, 
its successors or assigns, to erect and maintain, on private 
grounds, at such convenient and suitable points along its 
lines as may seem most desirable to the board of directors 
of the said corporation, and subject to the approval of the 
said Commissioners, an engine house or houses, boiler 
house, and all other buildings necessary for the successful 
operation of its railroad. 

Sec. 11. That the line of the said railway company shall i^d^m^Sion 
be commenced within one year and completed within three (modified?.^ ^^ 
years from date of the passage of this Act; and in default 
of such commencement or completion within the time in 
this section specified, all rights, franchises, and privileges 
granted by this Act shall immediately cease and determine. 

Sec. 12. That the said company may run public carriages Motive power, 
propelled by cable, electric, or other mechanical power; but 
nothing in this Act shall allow the use of steam power in 
locomotives, or of overhead trolleys within the limits of the 
city: Provided, That if electric power by trolley be used, pi5^*"e*f ® b** 
that the said company shall be liable for all damages electrolysis' ^ 
made thereby to subsurface metal pipes, and to other public 
and private property: Provided further, That for the pur- 
pose of making a continuous connection over the route here- 
inbefore described the said company shall have the right 
to cross all streets, avenues, and highways that may be 
along the designated route, and shall have the right to con- 
struct ferry slips and to operate and maintain a steam trans- 
fer ferry from a point at or near the foot of South Capitol 



Crossings. 



Ferry slips and 
ferry. 



52 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



58 



routes 



street to the opposite shore of the Anacostia River, for the 
purpose of transf erring its passengers, and so forth, or cars, 
subject to the approvalof the Commissioners of the Distrct 
of Columbia; Provided further^ That whenever the forego- 
^^oincidinging route or routes may coincide with the route or routes 
of any duly incorporated street railway company in the 
District of Columbia the tracks shall be used by both com- 
panies, which are hereby authorized and empowered to use 
such tracks in common upon such fair and equitable terms 
as may be agreed upon by said companies; and in the event 
the said companies fail to agree upon equitable terms, either 
of said companies may apply by petition to the supreme 
court of the District of Columbia, which shall immediately 
provide for proper notice to and hearing of all parties in- 
terested, and shall have power to determine the terms and 
conditions upon which and the regulations under which the 
company hereby incorporated shall be entitled so to use and 
enjoy the track of such other street railway company, and 
the amount and manner of compensation to be paid there- 
for: And provided further^ That neither of the companies 
using such track in common shall be permitted to make the 
track so used in common the depot or general stopping place 
to await passengers, but shall only be entitled to use the 
same for the ordinary passage of its cars, with the ordinary 
halts for taking up and dropping off passengers: Provided, 
That this shall not apply to or interfere with any station 
already established on any existing lines; that said corpora- 
tion is authorized and empowered to propel its cars over the 
line of any other road or roads which may be in the align- 
ment with and upon such streets as may be covered by the 
route or routes as prescribed in this Act, in accordance with 
the conditions hereinbefore contained; and that this corpor- 
ation shall construct and repair such portions of its road as 
may be upon the line or routes of any other road thus used; 
and in case of any disagreement with any company whose 
line of road is thus used such disagreement may be sum- 
marily determined upon the application ©f either road to 
any court in said District having competent jurisdiction. 
Passenger Sec. 13. That the said company shall furnish and main- 
tain passenger houses, as required by the Commissioners 
of the District of Columbia, and shall use first-class cars on 
said railway, with all the modern improvements for the con- 
venience, comfort, and safety of passengers, and shall run 
cars as often as the public convenience may require, in 
accordance with a time-table to be subject to the approval 
of the Commissioners of the District of Columbia. Every 
failure to comply with the conditions of this section shall 
render the said corporation liable to a fine of fifty dollars, 
to be recovered in any court of competent jurisdiction at 
the suit of the Commissioners of said District. 

Sec. 14. That the Commissioners of the District of 

Columbia may make such regulations as to rate of speed, 

ij^5f^?Sr*™^^® .^^ ^^® ^^ tracks, and removal of ice and snow as in 

their judgment the interest and convenience of the public 



houses. 



Hme-table. 



Penalty. 



Speed. 



may require. Should the servants or agents of said com- 
pany willfully or negligently violate such an ordinance or 
regulation said company shall be liable to the District of 
Columbia for a penalty not exceeding five hundred dollars. 

Sec. 16. That within thirty days after the passage of this organizationof 
Act the corporators named in the first section, their asso- ^**™P*°y* 
ciates, successors, or assigns, or a majority of them, or if 
any refuse or neglect to act, then a majority of the remain- 
der, shall meet at some convenient and accessible place in 
the District of Columbia for the organization of said com- 
pany and for the receiving of subscriptions to the capital 
stock of the company: Provided^ That every subscriber 
shall pay at the time of subscribing ten per centum in cash lo per cent to 
of the amount by him subscribed to the treasurer appointed ^® pai<io» stock. 
by the corporation, or his subscription shall be null and 
void: Provided further^ That nothing shall be received in 
payment of the ten per centum at the time of subscrib- 
ing except lawful money or certified checks from any 
established national bank. And when the books of the 
subscription to the capital stock of said company shall be 
closed tne corporators named in the first section, their asso- 
ciates, successors, or assigns, or a majority of them, and in 
case any of them refuse or neglect to act, then a majority 
of the remainder, shall, within twenty days thereafter, call ^^^^^^ *^ 
the first meeting of the stockholders of said company to sSxjkSoidenf ^ 
meet within ten days thereafter for the choice of directors, 
of which public notice shall be given for five days in two 
daily newspapers published in the city of Washington, and 
by written personal notice to be mailed to the address of 
each stockholder by the clerk of the corporation; and in 
all meetings of the stockholders each share shall entitle the 
holder to one vote, to be given in person or by proxy. 

Sec. 16. That the government and direction ot affairs of Govemmentof 
the company shall be vested in a board of directors, nine S dSectorsf^^ 
in number, who shall be stockholders of record, and who 
shall hold their ofiSce for one year, and until others are duly 
elected and qualified to take their places as directors; and 
the said directors, a majority of whom shall be a quorum, 
shall elect one of their number to be president of the board, 
who shall also be president of the company, and they shall 
also choose a vice-president, a secretary, and a treasurer, 
who shall give bond wnth surety to said company, in such 
sums as the said directors may require, for the faithful dis- 
charge of his trust. In the case of a vacancy in the board 
of directors by the death, resignation, or otherwise, of any 
director the vacancy occasioned thereby shall be filled by 
the remaining directors. 

Sec. 17. That the directors shall have the power to make 
and prescribe such by-laws, rules, and regulations as they 
shall deem needful and proper touching the disposition and 
management of the stock, property, estate, and effects of 
the company not contrarv to the charter or to the laws of 
the United States and the ordinances of the District of 
Columbia. 



OfScera. 



By-laws. 



II 



54 



LAWS EELATING TO STKEET-RAILWAY FRANCHISES. 



r 

i'l 

^ 



b^t^^dil ^^^' ^^' '^^^^ *^®^® s^^^ ^® ^* ^®»s* ^^ annual meeting 

ew. of the stockholders for choice of directors, to be holden at 

such time in the District of Columbia, under such condi- 
tions, and upon such notice as the said company in their 
by-laws may prescribe; and said directors shall annually 
make a report in writing of their doings to the stockholders. 
Sec. 19. That said company is hereoy authorized to issue 

liS^^ stock its capital stock to an amount not to exceed the estimated 
cost of the construction and equipment of the road in shares 
of fifty dollars each, and to issue bonds not to exceed the 
cost of construction of the road, but such stock and bonds 
shall not exceed in the aggregate more than the actual cost 
of the ri^ht of way, construction, and equipment of said 
road. Said company shall require the subscribers to the 

^ow to be paid capital stock to pay in cash to the treasurer appointed by the 
corporators the amounts severally subscribed by them, as 
follows, namely: Ten per centum at the time of subscribing 
and the balance of such subscription to be paid at such times 
and in such amounts as the board of directors may require; 
and no subscription shall be deemed valid unless the ten per 
centum thereof shall be paid at the time of subscribing, as 
hereinbefore provided; and if any stockholder shall refuse 
or neglect to pay any installment as aforesaid, or as re- 
quired by the resolution of the board of directors, after 
seasonable notice of the same, the said board of directors 

defelSt/'^^'''°^y ^^^^ ^^ public auction, to the highest bidder, so many 
shares of his stock as shall pay said installments, and the 
person who oflfers to purchase the least number of shares for 
the assessment due shall be taken to be the highest bidder, 
and such sale shall be conducted under such general regu- 
lations as may be adopted in the by-laws of said company; 
but no stock shall be sold for less than the total assess- 
ments due and payable, or said corporation may sue and 
collect the same from any delinquent subscriber in any 
court of competent jurisdiction; Provided, That no certifi- 
cates of stock shall be issued until the same has been paid 
for in money at its face value. 

Articles left in Sec. 20. That all articles of value that may be inadvert- 
ently left in any of the cars or other vehicles of the said 
company shall be taken to its principal depot and entered 
in a book of record of unclaimed goods, which book shall 
be open to the inspection of the public at all reasonable 
hours of business. 

Annual report Sec. 21 . That Said company shall, on or before the first of 
February of each year, make a report to Congress, through 
the Commissioners of the District of Columbia, 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 
thirty-first, and such other facts as may be reauired by any 
general law of the District of Columbia, which report shall 
be verified by the affidavit of the president and secretary 
of said company, and, if said report is not made at the time 



cars. 



''X) Congress. 



e of 



LAWS EELATING TO STBEET-RAILWAY FRANCHISES. 55 

specified, or within ten days thereafter, such failure shall 
of itself operate as a forfeiture of this charter, and it shall 
be the duty of the Commissioners to cause to be instituted 
proper judicial proceedings therefor; and said company Taxea 
shall pay to the District of Columbia, in lieu of personal 
taxes upon personal property, including cars ana motive 
power, each year, four per centum of its gross earnings, 
which amount shall be 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 ar- 
rears; and the franchise and property of said company, 
both real and personal, to a sufficient amount, may be seized 
and sold in satisfaction thereof, as now provided 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 personal taxes upon its property used solely and exclu- 
sively in the operation and management of said railway: 
Provided, That its tracks shall not be taxed as real estate. 

Sec 22. That said company may receive a rate of fare ^^«»e. 
not exceeding five cents per passenger; and the said com- 
pany may make arrrangements with all existing railway 
companies in the District of Columbia for the interchange 
of tickets in payment of fare on its road: Provided, That 
within the limits of the District of Columbia six tickets 
shall be sold for twenty-five cents. 

Sec 23. That the said company shall have at all times ^^ ^« 
the free and uninterrupted use of the roadway, subject to ^*^* 
the rights of the public, and if any person or persons shall 
willfully, mischieviously, and unlawfully obstruct or im- 
pede the passage of cars of said railway company with a 
vehicle or vehicles, or otherwise, or in any manner molest 
or interfere with passengers or operatives while in transit, 
or destroy or injure the cars of said railway, or depots, 
stations, or other property belonging to the said railway 
company, the person or persons so offending shall forfeit 
and pay for each such offense not less than twenty -five nor 
more than one hundred dollars, to be recovered as other ^'^«'*"<»- 
fines and penalties in said District, and shall remain liable, 
in addition to said penalty, for any loss or damage occa- 
sioned by his or her or their act as aforesaid; but no suit 
shall be brought unless commenced within sixty days after 
such offense shall have been committed. 

Sec. 24. That the Capital Railway Company shall have crossings, 
the right of way across such other railways as are now in 
operation within the limits of the lines granted by this Act, 
and is hereby authorized to construct its said road across 
such other railways: Provided, That it shall not interrupt 
the travel of such other railways in such construction. 

Sec 25. That no person shall be prohibited the right to Ejection from 
travel on any part of said road, or be ejected from the cars "*"* 
by the company's employees for any other cause than that 
of being drunk, disorderly, or contagiously diseased, or 
refusing to pay the legal fare exacted, or to comply with 
the lawful general regulations of the company. 



Penalty for in- 



I 



m 



56 



LAWS RELATING TO STBEET-RAILWAY FRANCHISES. 



Condemnation 
of land. 



Commencement 
and completion. 



Location of 
tracks, etc., to be 
approved by 
Commissi oners. 



Deposit with 
collector of 
taxes. 



Conditions 
etc., shall be 
complied with. 



Repeal, etc. 



Sec. 26. That in the event the company should not be 
able to come to an agreement with the owner or owners of 
any land through which the said road may be located or 
pass, proceedings for the condemnation for the use of the 
company of so much of said land as may be required, not 
exceeding twenty feet in width, may be instituted in the 
usual way in the supreme court of the District of Colum- 
bia, under such rules and regulations as said court may 
prescribe for such purposes: i^romded^ That any property 
owner shall have the right of trial by jury in such issue. 

Sec. 27. That should the Capital Riailway Company fail 
to commence or complete the construction of its road within 
the limit of time prescribed by this Act, all rights, fran- 
chises, and privileges herein granted shall cease and deter- 
mine. 

Sec. 28. That all plans of location and construction of 
tracks and other structures in public places pertaining to 
said railway shall be subject to the approval of the Com- 
missioners of the District of Columbia, and all work thereof 
shall at all times be subject to their supervision. The said 
company shall, from time to time, deposit with the collector 
of taxes of the District of Columbia such amounts as may 
be deemed necessary by said Commissioners to cover the 
costs of inspection, supervision, changes to water pipes and 
sewer connections, changes of curb and pavement, and work 
not otherwise provided for, which may be made necessary 
by the location, grade, or underground conduits of said rail- 
way. Any unexpended balance remaining after construc- 
tion of said road shall be returned to said company with an 
account in full of the disbursement of such deposits. 

Sec. 29. That all the conditions, requirements, and obli- 
gations imposed by the terms of this Act upon the Capital 
Railway Company shall be complied with by any and all 
the successors to and assigns of said company. 

Sec. 30. That this Act may at any time be altered, 
amended, or repealed by the Congress of the United States. 

Approved, March 2, 1895. 



May 28, 1896. AN ACT To amend an act entitled "An act to incorporate the Capital 
Stat. 29, p. 187. Railway Company," approved March second, eighteen hundred and 
ninety-five. 



way 
amended. 



im 



Be it enacted hy th§ Senate and House of Representatives 
^c?^h2rtir^^^^^ ^'^^i^d^f^(^i^ of America in Congress assemUed,ThBt 
T,«nd«;;i the Act entitled "An Act to incorporate the Capital Rail- 

way company," approved March second, eighteen hundred 
and ninety-five, be, and the same is hereby, amended by 
striking out in the first section all after the words ''have 
a common seal," to the end of the section, and inserting 
the following: "Said corporation is hereby authorized to 
construct and lay down and complete a single or double 
track street railway in the District of Columbia, and run 
cars thereon for carrying passengers by and along the f ol- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



57 



lowing route: Beginning at a point on the District line 
near the Potomac River southeast of Shepherd's Ferry, 
thence by such route as shall be approved by the Commis- 
sioners of the District of Columbia to the south side of 
the Eastern Branch or Anacostia River at the Navy- Yard 
bridge; thence across said bridge to Eleventh street east; 
thence north on Eleventh street east to M street south; 
thence west on M street to a point to be located by the 
District Commissioners near Eighth street east, connect- 
ing with the lines of the Capital Traction Company, also 
continuing from said Eleventh and M streets north on 
Eleventh street to the south building line of East Capitol 
street, and returning over the same route to the point of 
beginning. Also, beginning at the eastern end of the 
Navy- Yard bridge, easterly along Monroe and Harrison 
streets and Good Hope road, and from Good Hope road to 
the District line, over such route as the District Commis- 
sioners shall approve, and returning over the same route 
to the point of beginning: Provided, That within the city 
of Wasnington a double-track railway shall be constructed : 
Provided further, That the line of said railway company 
shall be commenced within three months and completed 
within one year from the date of the passage of this Act, 
with the exception mentioned in section four of this Act." 

Sec. 2. That the motive power to be used on the lines in 
this Act specified shall be the underground electric system 
within the city of Washington and the overhead trolley 
system outside the city of Washington. For crossing the 
Navy-Yard bridge the said company may, in the discretion 
of the Commissioners of the District of Columbia, use 
either horse power or the underground electric system to 
propel its cars; and the said company shall have the privi- 
lege of carrying an electric current across the said Navy- 
Yard bridge in such manner as the said Commissioners of 
the District of Columbia shall prescribe. 

Sec. 3. That the Capital Railway Company, the Metro- 
politan Railroad Company, and the Capital Traction Com- 
pany are hereby required to issue free transfers at the point 
of intersection of their respective lines, so that for the pay- 
ment of one fare a passenger on either road shall have the 
privilege of riding over the lines of both. 

Sec. 4. That the portions of the company's route from 
Congress or Pencote Heights to Shepherd's Landing and 
the Harrison street branch east to the District line shall 
be completed within two years from the passage of this 
Act: Provided, That failure to complete the said portions 
ot the routes as providexl for in this section, and, also, 
u n^^ ^^ complete the extension on Eleventh street east 

A ?Pf ^*^® ^ repeal the authority to build said portions, 
and shall not repeal the charter of said company. 

oEc. 5. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, May 28, 1896. 



Route. 



Double tracks 
in city. 

Commence- 
ment and com- 
pletion. 



Motive power. 



Free transfers 
with Metropoli- 
tan and Capital 
Traction com- 
panies. 



Branch to 
Shepherds Land- 
ing and District 
line. 



Amendment^ 
etc. 



68 LAWS BELATING TO 8TEEET-BAILWAY FEANCHISES. 

Jnnei5.i808. AN ACT To amend the charter of the Capital Railway Company. 

Be iteruicted ly the Senate amd House of Representatives 
T 1 1 % i^ United States of America in Congress assembled. That 

Navy -7a r'^d ^f^® ^^pital Railway Company is hereby authorized to in- 
Bndge. stall and use the double overhead-trollev system on the 

Navy- Yard Bridge for the purpose of propelling its cars 
across the same, the speed on the bridge not to exceed the 
Speed. rate of three and a half miles an hour and the double trol- 

ley wires to be protected by a wooden trough and thor- 
^eteiisof con-oughly insulated from said bridge; details of construction 
to be subject to the approval of the District Commissioners. 
Time extend- Sec. 2. That the time granted the Capital Railway Com- 
pany to construct its road by Act approved May twenty- 
eighth, eighteen hundred and ninety-six, is hereby extended 
underground one year from the approval of this Act, and if the under- 
^ound system now used by the company is finally rejected, 
It 18 authorized to install an underground system essentially 
similar to«iat used by the Metropolitan Railway Company . 
bEc. 3. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, June 15, 1898. 



f 



ed. 



Bystem. 



CAPITAL TEACTION COMPANY (EMBRACING THE ROCK CREEK 
RAILWAY COMPANY AND THE WASHINGTON AND GEORGETOWN 
RAILROAD COMPANY). 



May 17, 1862. 
Stat8.,12,p.888. 



Washington 
and Georgetown 
Railroad Com- 
pany incorporat- 
ed (amended). 



Ron te 
tended). 



(ex. 



AN ACT To incorporate the Washington and Georgetown Railroad 
Company. (Now the Capital Traction Company. ) « 

Beit enacted hy the Senate, and House of Representatives 
of the United States of America in Con^i ess o^sserrMed^ That 
Eliab Kingman, Franklin Tenney, J. J. Coombs, SayleseT. 
Bowen, Charles H. Upton, Henry Addison, Hallett Kil- 
bourne, and their associates and assigns be, and they are 
hereby created a body corporate, under the name of the 
''Washington and Georgetown Railroad Company," with 
authority to construct and lay down a double track rail- 
way, with the necessary switches and turnouts, in the cities 
of Georgetown and Washington, in the District of Colum- 
bia, through and along the following avenues and streets: 
Commencing on Bridge street, at the intersection with High 
street, or at such point on said Bridge street east thereof, 
in the city of Georgetown, as may be designated hereafter 
by the corporate authorities thereof, along said Bridge 
street to its intersection with the street running to the 
tubular bridge over Rock creek to Pennsylvania avenue, in 
the city of Washington; along said avenue to Fifteenth 
street west; along said street south to said avenue; along 
said avenue to the foot of the Capitol grounds; thence 
around the southern boundary of the Capitol grounds; and 
along their southern boundary easterly to Pennsylvania 
avenue; a^ong said Pennsylvania avenue to Eighth street 
east, or Garrison street; and along said street south to the 
Navy Yard gate, with a lateral road running along the east- 
ern front of the Capitol from the southern to the northern 
gate, and thence by "A" street to the depot of the Balti- 
more and Ohio railroad ; and thence from said depot through 
First street west to Pennsylvania avenue, so as to inter- 
sect with said main road; also a double or single track 
branch railway, commencing at Boundary street north and 
running down Seventh street west to Pennsylvania ave- 
nue and to the Potomac; also, a railway commencing at 
Boundary street and running down Fourteenth street west 
and New York avenue to Pennsylvania avenue to a point 
of intersection with said first-mentioned railway, with 
the right to run public carriages thereon drawn by horse- Horse power.6 

« Merged into the Capital Traction Company, mider authority of 
Act of Congress, approved March 1, 1895. 

* Motive power changed to cable, under authority of act of Con- 
gress approved March 2, 1889. 



I 



60 



f 
■I 



I 



Use of road 
snblect to mu- 
nicipal regula- 
tions. 



Taxation. 



Railway— how 
to be laid. 



Tracks to be 
kept in order by 
the company. 



Grade to be al- 
tered when re- 
quired. 



Act may be al- 
tered, repealed, 
etc 



Not to issue 
notes, etc., as 
currency. 



Capital stock. 



LAWS BELATING TO STKEET-RAILWAY FBANCHISES. 

power, receiving therefor a rate of fare not exceeding five 
fffW^ passenger for any distance between the termfni of 

^IhZ ^l ^aT^ T'' m^'^"^^^' ^^ ^^^^^en the termini of 
either of said branch railways, or between either terminus 
of said mam railway and the terminus of either of said 

l?^t ^^^JT^ii^""^'^.^' T^^* ^^^ ^«^ «"d maintenance 
of said road shall be subject to the municipal regulations 

of the cities of Washington and Georgetown, resp'ectively! 
^prl?^r '^''T^ corporate limits; and that whenever 

stiVKart^t^^^^^^^ ^^- ''^ -^^ -^- 

Sec. 2. ATid be it further enacted, That said roads shall 

S^otTf 'If ««*^te' ^°d they, together with other rea 

fhTht^itlt^^ r"^?"^' P'^^Pf'^y of said body corporate, 

Dronertv f„ Ihl ^^''^T "^ '^^}^'' '"«"' ««***« """J Persona 
vWe^ atoresaid, except as hereinafter pro- 

>.h«u^il\ 4,¥lii*f"^^f>cuited, That the said railway 
shall be laid in the centre of the avenues and streets as 
near as may be, without interfering with or pacing oV^ 

^lZi7 T ^f ? P"'' '» *^« """St approved ^nner 
adapted for street railways, with rails of tfie most approved 
patterns, to be determined by the Secretary of the fnterior 
laid upon an even surface with the pavement of the sS- 

?o.t hfP*"^ ^^"T *^? ^r *™«^« si"*" "ot be less than 
four feet nor more than six feet, and the carriages shall not 
be less than six feet in width, the gauge to correspond wlS 
that of the Baltimore and Ohio Railroad. 

tinr^hL^'^^^ i^/"^i^f^i^. That the said corpora- 
tion hereby created, shall be bound to keep said tiiclM 
and for the space of two feet beyond the oute? mil thS' 
and also the space between the tracks, at all times well 
paved and in good order, without expanse to thTvnJted 

sl^ ''k t«t^i «!*.'««.«* Georgetown and Washington 
,.f hii ^"^ ^i^i/"^,^ enacted, That nothing in this 
act shall prevent the Government, at any time at their 
option, from altering the grade or' otherwise fiproving 
Pennsylvania avenue and such other avenues an/ streete 
as may be occupied by said roads, or the cities of Wash 
mgton and Georgetown from so altering or improving such 
ftvl^*""^ avenues as may be under thei? respective author 
ity and control, and in such event it shall be lie dutv of said 

suSL^H^'^'T *¥"■ "^'^ ™"'«*d so as to coXm o 
SUCH altered grade and pavements. 

bEC. \And be it further enacted. That this act mav at * 

o f ^^"i/u -^'^ ** it further enacted. That nothing in this 
act shall be so construed as to authorize said body corporate 

d^hf^h^ "^*'' *°^^"' ^^^i««' «<=rip, or other evide^rof 
debt to be used as a currency. 

Sec. 8. And he it further enacted, That the capital stock 
of said commny shall be not less than three nor more than 
five hundred thousand dollars, and that the stocksh Jl b^ 



Cars. 



Schedule. 



Passenger 
rooms, stablee, 



LAWS RELATING TO 8TREET-BAILWAY FRANCHISES. 61 

divided into shares of fifty dollars each, and shall be deemed 
personal i)roperty, transferable in such manner as the by- 
laws of said company may direct. 

Sec. 9. And he itfarthefr enacted. That the said company 
shall place first-class cars on said railways, with all the 
modern improvements for the convenience and comfort of 
passengers, and shall run cars thereon during the dav as 
often as every ^y^ minutes, except as to Seventh and Four- 
teenth streets, and on these once in fifteen minutes each 
way, and until twelve o'clock at night as often as every 
half hour; and throughout day and night as much oftener 
as public convenience may require. 

Sec. 10. And he it further enacted, That said company * 
shall procure such passenger rooms, ticket offices, stables, eS? 
and depots at such points as the business of the railroad 
and the convenience of the public may require. And thct '^''*cks be- 
said company is hereby authorized to lay such rails through aSd de'Ute.**'^®'' 
transverse or other streets as may be necessary for the 
exclusive purpose of connecting the said stables and depots 
with the main tracks. And the said company is hereby ^^^ *<>' Re- 
authorized to purchase or lease such lands or buildings as 
may be necessary for the passenger rooms, ticket offices, 
stables, and depots above mentioned. 

Sec. 11. And he it further enacted, Th2ii all articles of ca^*'*^ ^^ *" 
value that may be inadvertently left in any of the cars or 
other vehicles of the said company shall be taken to their 
principal depot and entered in a book of record of un- 
claimed goods, which book shall be open to the inspection 
ot the public at all reasonable hours of business. 

Sec. 12. And he it further enacted, Th2it^idLCovxiOTM.oii TJseofroadby 
shall, on demand of the President of the United States ^^"""'^"*- 
Secretary of War, or Secretary of the Navy, cause to be 
transported over said railway any freight cars laden with 
freight for the use of the United States; the officers caus- 
ing such service to be done shall pay a reasonable compen- 
sation therefor. ^ 

Sec. 13. And he it further enacted, That within ^yq days Boofa of snb- 
arter the passage of this act the corporators named in the ^^^p^^o^- 
hrst section, or a majority of them, or if any refuse or neglect 
to act then a majority of the remainder, shall cause books 
of subscription to the capital stock of said company to be 
opened and kept open, in some convenient and accessible 
place m the city of Washington, from nine o'clock in the 
torenoon till five o'clock in the afternoon, for a period to be 
nxea by said corporators, not less than two days; and said 
corporators shall give public notice, by advertisement in Advertisement 
the daily papers published in the city of Washington, of 
the time when and the place where said books shall be 
opened and subscribers upon said books to the capital 
stock ottbB company shall be held to be stockholders: 
^'^^^ed, Ihat every subscriber shall pay at the time of Payment at 
subscribing twenty-five per centum of tlie amount by him iJ?' '' '"^"*" 
suDscnbed to the treasurer appointed by the corporators, 
or his subscription shall be null and void. If at the end 



' 



i 



62 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



63 



Directors. 



1 1 



of two days a larger amount than the capital stock of said 
company shall have been subscribed, the books shall be 
closed, and the said corporators named in the first section 
^A^rtionmentgjjall forthwith proceed to apportion said capital stock 
among the subscribers pro rata, and make public procla- 
mation of the number of shares allotted to each, which 
shall be done and completed on the same day that the books 
are closed : Provided^ further^ That nothing shall be received 
in payment of the twenty-five per centum at the time of 
subscribing except money or checks or certificates of deposit 
endorsed " good" by the president or cashier of some good 
of rtSJkhSweS*^ solvent bank or banks. And when the books of subscrip- 
era. ^^Qjj ^ ^^ capital stock of said company shall be closed, 
the corporators named in the first section, or a majority of 
them, and in case any of them refuse or neglect to act, then 
a majority of the remainder shall, within twenty days there- 
after, call the first meeting of the stockholders of said com- 
pany, to meet within ten days thereafter, for the choice of 
directors, of which public notice shall be given for five days 
in two public newspapers, published daily in the city of 
Washington, or by written personal notice to each stock- 
holder by the clerk of the corporation; and in all meetings 
of the stockholders each share shall entitle the holder to 
one vote, to be given in pei-son or by proxy. 

Sec. 14. Anabe it further enacted^ Tliat the government 
and direction of the affairs of the company shall be vested 
in the board of directors, seven in number, who shall be 
stockholders, and who shall hold their office for one year 
and till others are duly elected and qualified to take their 
places as directors; and the said directors (a majority of 
whom, the president being one, shall be a quorum) shall 
elect one of their number to be president of the board, who 
shall also be president of the company; and they shall also 
choose a treasurer, who shall give bonds with surety to 
said companv, in such sum as the said directors may 
require, for the faithful discharge of his trust. In case of 
a vacancy in the board of directors by the death, resigna- 
tion, or otherwise, of any director, the vacancy occasioned 
thereby shall be filled by the remaining directors. 
^^y-iaw8. rules. Sec. 15. And he it further enacted. That the directors 
shall have full power to make and prescribe such by-laws, 
rules, and regulations as they shall deem needful and 
proper touching the disposition and management of the 
stock, property, estate, and effects of the company, not 
contrary to the Charter, or to the laws of the United 
States, and the ordinances of the cities of Washington and 
♦ Georgetown. 

^nuai meet- gEC. 16. And he it further enacted, That there shall be 
an annual meeting of the stockholders for choice of direct- 
ors, to be holden at such time and place, under such con- 
ditions, and upon such notice, as the said company in their 
by-laws may prescribe; and said directors shall annually 
make a report in writing of their doings to the stockhold- 
ers and to Congress. 



Officers. 



Report. 



Sec. 17. And he it further enacted. That the Mayor, Com- Municipal om- 
mon Council, and the several officers of the Corporation stmctTcLi^ete!*" 
of the cities of Georgetown and Washington, and the said 
Corporations are hereby prohibited from doing any act or 
thing to hinder, delay, or obstruct the construction or 
operation of said railroad, as herein authorized. 

Sec. 18. ^^J^^'^/w/'^A^r^/zac^^^, That the said company ^)f«« ^"^ <>* 
shall have at all times the free and uninterrupted use of ^*^' 
their road -way, and if any person or persons shall wilfully 
and unnecessarily obstruct or impede the passage on or 
over said railway, or any part thereof, or shall injure or 
destroy the cars, depot stations, or any property belonging 
to said railway company, the person or persons so offenf 
ing shall forfeit and pay for every such offence the sum of 
five dollars to said company, and shall remain liable, in 
addition to said penalty, for any loss or damage occasioned 
by his, her, or their act, as aforesaid, but no suit shall be 
brought unless commenced within sixty days after such 
offence shall have been committed. 

Sec. 19. And he it further enacted, That unless said cor- T^^e for oom- 
poration shall make and complete their said railways ^^*'''^" 
between the Capitol and Georgetown within sixty working 
days from and after the company shall have been organ- 
ized, and from the Capitol to the Navy Yard within sixty 
days thereafter, and on said Seventh street, and from said 
Boundary street, on Fourteenth street, to the point of inter- 
section as aforesaid, within six months from the approval 
of this act, then this act shall be null and void and no rights 
whatsoever shall be acquired under it. 

Sec. 20. And he it further enacted, Thsit all &ct8 and x)B.Tts ^^?^^ o^ ^^ 
of acts heretofore passed, which are inconsistent with any *''''^''^'''^*'''- 
of the provisions of this act, are, for the purposes of this 
act, hereby repealed, so far as the same are inconsistent 
herewith. 

Approved, May 17, 1862. 



H 



AN ACT To amend the charter of the Washington and Georgetown June 30. 1861 

Railroad Company. 



Stat8.13,p. 322. 



^ / ^r/^^^^^^ ^^ ^^ ^^^^^^ ^^^ Souse of Hepresentati^es 
+k ^ vfr ^^^^^^ States of America in Congress assembled. That w- a°d o- R- R- 
the Washington and Georgetown Railroad Company shall ^* 
nave the right to extend their horse railway on any public Extension of 
highway in the county of Washington, commencing at the i«hs"S. extend^ 
present terminus of either of their roads, extending north ^• 
™m 7th and 14th streets, and from the Capitol square to 
Maryland avenue; and extending north from the eastern 
^f f^"l^*^' of that avenue, first having obtained the consent 
ot the Levy court therefor; and may charge additional fare Additional 

t H ^ ^/"^ ^^^ ®^®^^ ^^^'^^ ™^^^^ ^" ^^^ branch so ex- ^^• 
tenaed, for each and every passenger conveyed upon any 

road constructed in said county of Washington, outside of 
ine lunits of the cities of Washington and Georgetown: 



I 



) 



64 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

• Provided, That nothing herein contained shall be construed 
so as to prevent Congress from regulating the fare on either 
of said roads, or altering or amending the original charter 
of said company, or this amendment thereto, according to 
the provisions of said original charter. 
Approved, June 30, 1864. 



JtUy 8, 1870. 
Stats. 16, p. 196. 



AN ACT To provide for the paving of Pennsylvania avenue. 
* * * * » 



Sec. S. And he tt further enacted. That the cost of laving 
w . . ^ x> ^^ ^^^^ pavement shall be borne and paid for in the f ol- 
Co''toTa1r?eSafril?^}°^ pixjportions I By the Washington and Georgetown 
l^l'^'peXS?!:, ^''^^? Company for that portion of the work lying be- 
nia avenue."^ twecn the tracks of their road, and for a distance of two 
feet on each side thereof; * * * The said railroad com- 
l^ny shall have the right to select the material with which 
the pavement between the rails and between the tracks 
shall be made: Provided, That the said pavement on said 
tracks shall be made to the satisfaction of the commis- 
sioners. 

* ♦ * » » 

Approved, July 8, 1870. 



April 20, 1871. 
Stats. 17, p. 10. 



Deficiency act, 1871. 



That the sum of $10,000, or so much thereof as mav be 
necessary, is hereby appropriated, for the purpose of re- 
pairing and relaying, where necessary, the pavement on 
Pennsylvania avenue from 15th street to the east side of 
Kock creek: Pro^mded, That a like sum shall be expended 

W.andG.R.R T.^*^^/^'?^ purpOSe bv the proper authorities of the Dis- 
co, to pay certain p^ct ot U)Iumbia: And provided furthet\ That the Wash- 
a?f?L?fs;!:^°^° and Georgetown Railroad Company shall in like 
vania avenue, manner repair such portion thereof as they are by their 
charter required to do; the work to be done under the su- 
pervision of the board of public works for the District of 
Columbia. 



Approved, April 20, 1871. 



May 8. 187 2. 
Stats. 17, p. 84. 



Legislative, executive, and judicial appropriation act, 1873. 

* * m M. 

* * * » 



w.ndr p „ n That the Washington and Georgetown Eailroad 

Co''m°v^^',?o?elt^"^P^"^,anltl^e Metropolitan Railroad (Tompany be, and 

itofa^rXr^^ J3 ^''? ^^^t/ ^^fl^'^.r? ^^ ^^^^^^ ^^^'^ tracks, respec- 
tively, from the Capitol grounds, as hereby established, 
and to run the same as they may be directed, from time to 
time, by the officer m charge of the public buildings and 
grounds, as the grading and filling up of said grounds may 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

render necessary. That a commission, consisting of the 

Secretary of the Interior, the chief engineer of the army, 

and the officer in charge of public buildings and grounds, 

is hereby authorized and directed to examine and report to 

Congress, prior to the second Monday of December next, 

a plan by which the locomotive railroad track in front of 

western entrance of the Capitol shall be removed, with due 

regard to the rights of all parties concerned, and by which 

proper connections with other railroads may be made. 
« » * » » 

Approved, May 8, 1872. 



65 



Legislative, executive, and judicial appropriation act, 1876. 



March 3, 1875. 



and further, that the Washington and George- 



stats. 18. p. 385. 
_ _ W.andG.R.R. 

town and the Metropolitan Railway Companies are directed Scks fromca^ 
to take up such portions of their tracks as may come in the itoi Grounds, 
way of the improvement of the Capitol Grounds and relay 
the same. as may be directed by the officers in charge of 
the improvements of the Capitol Grounds. 



* 



Approved, March 3, 1875. 



Legislative, executive, and judicial appropriation act, 1876. March 3, 1875. 



* * * And provided further, That the chief engineer w^anJ^^^R^^* 
[of the Washington Aqueduct] is hereby directed to notify co.must remove 
the Washington and Georgetown Railway Company to Aqueduct bridS 
remove their railway track from the Washington Aque-®^®'^'^^^^^*- 
duct bridge over Rock Creek, within one year from the 
date of said notice; and said company shall make such 
removal within the year aforesaid, and have the right to ^J^f ^^jj*26th*f 
lay their tracks along 26th street from Pennsy Ivania avenue and m st. 
to M street north, and thence along M street into George- 
town, to connect with their tracks on Bridge street; and 
said chief engineer may establish and publish regulations 
prohibiting the passage of heavily loaded wagons and car- 
riages over said bridge. * * * 

Approved, March 3, 1875. 



AN ACT To amend an act entitled "An act to incorporate the Wash" March 3, 1875. 
ington and Georgetown Kailroad Company," approved May 17, stats. 18, p. 6io. 
1872, 

Be it enacted hy the Senate and Hovse of Representatives 
of the United States of America in Congress assembled. That 
the Washington and Georgetown Railroad Company mayjj^-^j*"'* ^- *• 
extend its tracks in Washington City, District of Colum- Extension of 
bia, from 7th street west, down Water street, to the inter- ^''*^^' 
section of P street south; thence alon^ said P street to the 
west side of the Arsenal gate: Provided, That wherever 

16400—05 5 



li 



I 



I 



■ I 



k 



66 



LAW8 BELATING TO 8TEEET-BAILWAY FRANCHISES. 



^^iii^fonVeVi^}^ foregoinff route may coincide with the route of the 
Anacostia and Anacostia and Potomac River Railroad, on Water street or 
Potomac River elsewhere in the District, or connect portions of such route, 
but one set of tracks shall be used by both companies; 
which are hereby authorized and empowered to use such 
tracks in common, upon such fair and equitable terms as 
^enns of joint may be agreed upon by said companies; and in the event 
the said companies fail to agree upon satisfactory terms, 
either of said companies may apply by petition to the 
supreme court of the District of Columbia, which shall pro- 
vide for proper notice to and hearing of all parties inter- 
ested, and shall have power to determine the terms and 
conditions upon which, and the regulations under which, 
the company hereby incorporated shall be entitled so to use 
and enjoy the tracks of such other street railroad company, 
and the amount and manner of compensation to be paid 
coS^onTo^ ^^^^'^^\^^^^- ,^nd provicUdfnrther, That neither of the com- 
uaed. panics using such track in common shall be permitted to 

make the track so used in common the depot or general 
stopping place to await passengers, but shall only be enti- 
tled to use the same for the ordinary passage of their cars 
with the ordinary halts for the taking up and dropping of 
mssengers: And provided further. That said railroad track 
Grade of track, shall conform to the grade established by the board of public 
works of the District of Columbia. 
Approved, March 3, 1875. 



AN ACT Authorizing the repavement of Pennsylvania avenue. 
* * * * * 



July 19, 1876. 
Stats. 19, p. 92. 

R.^o.*haii%?e , ^^^ Washington and Georgetown Railroad Companv 
irf^£l>?lll?^^^* ^^f • ^" ^1**^^ expense for the portion of the work 
road. lying between the extenor rails of the tracks of the road 

and for a distance of two feet from and exterior to the track 
on each side thereof, and of keeping the same in repair- 
but the said railroad company, having conformed to the 
srrade established hv fViA fVinTm*aQirk«rir.o mo^ .,r,^ ^^uui„ 



b&^neTr S^I^/^^^ esteblished by the Commissioners, may use cobble- 

, stone or Belgian rock in paving their tracks, or the space 

between their tracks, as the Commissioners shall direct. 



gianrock. 



Approved, July 19, 1876. 



August 6, 1890. 
Stats. 26, p. 310. 



District appropriation act, 1891. 



R-V"^ ^' ^' .^?^/ 3. That any street railroad company in the District 

tiv?*S>^ef Sty u ^^i!"*"^^^ authorized to run cars drawn by horses, which 

Increase issue of |?*s changed or may change its motive power on any of its 

«tock. lines now constructed, to cable or electricity, or change its 

rails in accordance with the provisions of law, shall have 

the right to issue and sell, at the market price thereof, stock 

of said company to an amount necessary to cover the cost 



LA-vrS RELATING TO STREET-RAILWAY FRANCHISES. 



67 



of making said changes, the cost of said changes and the 
amount of said stock sold, together with the price per share, 
to be fully set forth, under the oath of the President of said 
Company, and filed with the Commissioners of the District. 
And any company availing itself of the privileges herein 
granted shall within two years, wholly dispense with horses Must dispense 
as motive power on all portions of its line and substitute J^JJ^y^^^ ^° 
therefor the power proviaed for in the act making appropria- 
tions for the expenses of the District of Columbia, approved 
March second, eighteen hundred and eighty-nine, or pneu- 
matic or other modern motive power which shall be approved Motive power, 
by the Commissioners of the District of Columbia, but noth- 
ing in this act contained shall in any wise authorize the use 
of overhead appliances: Provided., That if any such company 
operating a line or lines of street railroad from Georgetown certain linesre- 
or West Washington to and beyond the Capitol grounds ^JJI?.^^*'*"^® 
shall fail to substitute for horse power the power herein pro- 
vided for on all its lines within two years from the date of 
this act, such company shall forfeit its corporate franchise. 

Approved, August 6, 1890. 



j' I 



Deficiency act, 1891. March 3, 1891. 

* » • * * Stats.26,p.869. 

To the Washington and Georgetown Railroad Company, w. and g. r.r. 
three hundred and thirty-three dollars and fifteen cents Sii judgment?' 
costs; and the Washington and Georgetown Railroad 
Company, of the District of Columbia, shall pay to the 
District of Columbia, within eighteen months from the 
approval of this act, the full amount of the judgment that 
was rendered against the said company by the supreme 
court of the District of Columbia at the suit of the said 
District, in cause numbeV twenty-two thousand four hun- 
dred and fifty-seven, at law, on the dockets of said court, 
with the cost of said cause and interest on said amount 
from the date said judgment was rendered until paid, and 
that upon the failure of the said company so to pay said 
amount, costs, and interest within the time aforesaid, the 
charter of the said company shall become forfeit, and all 
its rights, privileges, and franchises as a body corporate 
shall cease and determine: * * * 

Approved, March 3, 1891. 



Distiict appropriation act, 1893. 
* » * 



July 14, 1892. 
Stats. 27, p. 168. 



Care of Bridges: For ordinary care of bridges, includ- 
ing keepers, oil, lamps, and matches, five thousand dollars; 
for construction and repairs of bridges, fourteen thousand 
dollars; in all, nineteen thousand dollars. That the Wash- w.ando.R.R. 
ington and Georgetown Railroad Company is hereby SreeWriS( 
required to repair the bridge across Rock Creek at M street 



ir M 
ge. 



68 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

northwest at a cost not exceeding ten thousand dollars, 
said repairs to be made under the direction of the Engi- 
neer Commissioner of the District of Columbia and in 
accordance with plans and specifications to be prepared by 
him. * * * 

Approved, July 14, 1892. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



69 



Angust23,i894. AN ACT To amend an act entitled "An act to incorporate the Wash- 
stats. 28, p. 492. ington and Great Falls Electric Railway. 

♦ . ♦ ♦ ♦ * 

co^'lhSi® Md ^^^' ^' "^^^^ ^^ o^^^r to accommodate the street railway 
FeV^^s'taUon*^^^^^ ^^^^ °^?^ Converge at or near the Aqueduct bridge, 
near Aqueduct un<ier authority granted or to be granted by Congress, a 
bridge. passenger station is hereby authorized. Such station shall 

have ample provision for the saf e,convenient,and comforta- 
ble transfer of passengers to and from the cars of the street 
railways using the same. All plans for such station and 
its necessary approaches shall be subject to the written 
shSTr'SSuu SPP^^X^^ ^^ ^^^ Commissioners of the District of Columbia, 
use of. The said Commissioners shall have the power to settle any 

differences which may arise between the companies using 
the said station as to compensation or rentals or as to the 
necessary regulations for the control of said station. The 
said passenger station shall be constructed and maintained 
as a union passenger station, for the use of street railways 
only, by the Washington and Georgetown Railway Com- 
y^nd for sta- pany. Said station shall be located on land already owned 
or hereafter to be acquired by the aforesaid company, which 
land shall be bounded on the north by Prospect street, on 
the east by a line drawn not less than one hundred and 
twenty feet west on the west line of Thirty-fifth street, on 
the south by M street, and on -the west by Thirty-sixth 
pSn.'*'' ''''"'* ^l^^^^ northwest. Within one year from the approval of 
this Act the said Washington and Georgetown Railway 
Company shall complete the said station and shall extend 
its tracks on M street northwest to a point not less than 
one hundred and twenty feet west of Thirty-fifth street 
and thence into said station; and thereafter the said com- 
pany shall cease entirely to switch cars on M street 
northwest. 

* ♦ * * » 

Approved, August 23, 1894. 



June 23, 1888. AN ACT To incorporate the Eock Creek Railway Company of the Dis- 



trict of Columbia. ( Now the Capital Traction Co. ) « 



Stats. 25, p. 199. 

R^iway compa^ ^^ ^^ enacted hy the Sefimte and House of Bej)rese7itatives 
fLleni^^^^^/f^^^ ^^^^^^^^(^^^^ of America in Congress assemhled. That 
Gardiner G. Hubbard, George Truesdell, Samuel W. Wood- 
ward, Otis F. Presbrey, John F. Waggaraan, Benjamin K. 

a Merged into the Capital Traction Company, under authority of act 
of Congress approved, March 1, 1895. 



Plain, John Ridout, Albert F. Stevens, Le Roy Tuttle, Law- 
rence Sands, Edward C. Dean, James B. Wimer, Samuel S. 
Shedd, Le Roy Tuttle, junior, Robert J. Fisher, junior, and 
Pitman Mann, and their associates, successors, and assigns, 
be, and they are hereby, created a body corporate and politic 
under the name of the Rock Creek Railway Company of 
the District of Columbia, and may make and use a com- 
mon seal, and by that name sue and be sued, plead and be 
impleaded, with authority to construct and lay down a sin- 
gle or double track railway, with the necessary switches, 
turn-outs, and other mechanical devices, and sewer connec- 
tions necessary to operate the same, by horse, cable, or elec- 
tric power, in the District of Columbia, through and along 
the following streets, avenues, and roads; Beginning ioY ^^^^^^^^^^ 
the main line of said road at the intersection of Connecti- 
cut avenue and Boundary street; thence along the middle 
of Columbia Road to Wood ley Road; thence along Wood- 
ley Road by single track on west side thereof to W oodley 
Park; thence diverging from Woodley Road through said 
park by such route as maybe satisfactory to the owners of 
said park, and subject to the approval of the Commission- 
ers of the District of Columbia, to the westerly line of said 
park, and returning by the aforesaid route through Wood- 
ley Park to the intersection of Woodley Road and Connec- 
ticut avenue extended; thence along Connecticut avenue 
extended to California avenue, formerly Oakland avenue; 
thence along California avenue to its intersection with Co- 
lumbia Road, and thence along Columbia Road to the place 
of beginning; also with the privilege of building and con- 
structing a branch of said road from the westerly line of said 
Woodley Park near Woodley Road to its intersection with 
the Tenallytown Road, returning over the same route and 
connecting at said westerly line of Woodle}^ Park with the 
main line of said road. Said company shall receive a rate 
of fare not exceeding five cents for each passenger for each 
continuous ride between all points of its main and branch 
lines, but shall sell tickets in packages of six each for not 
exceeding twenty-five cents per package. Said railway 
shall be constructed of good materials and in a substantial 
manner, with the rails of American manufacture and of 
the most approved patterns, subject to approval by the 
Commissioners, laid upon an even surface with the pave- 
ment of the street or road, imbedded in concrete where the 
same passes over the surface of the paved streets of the 
District of Columbia, with the gauge to be approved by 
the Commissioners of the District of Columbia. The track 
of said railway, the space between the tracks, and two feet 
beyond the outer rails thereof, which this franchise is 
intended to cover, shall be at all times kept b}^ said cor- 
poration in good repair, at its own expense, and subject 
to the approval of the Commissioners aforesaid; and if 
the corporation shall fail to make the necessary repairs 
within ten days after notice by the Commissioners of the 
District of Columbia, the repairs shall be made by the 



ii: 



»■■ ! 



L'' 



Fare. 



Construction. 



Paving. 



?'- 



Repaiis. 



u 



70 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

said Commissioners, and the cost of such repairs be recov- 
ered by the Commissioners before any court of competent 
jurisdiction, and the amount so paid by the Commissioners 
shall be a lien upon all property of said company from the 
time that said repairs are made until paid by said company. 
It shall be lawful for said corporation, its successors or as- 
Motive power, signs, to operate its said road by horse, cable, or electric 
power, and to make all needful and convenient trenches and 
excavations and sewer connections in anv of said streets 
. roads, or places where said corporation may have the right 
to construct and operate its road, and to place in such 
trenches and excavations all the needful and convenient 
devices and machinery for operating said railroad in the 
manner and by the means aforesaid; and said sewer con- 
nections shall have such traps or other devices as may be 
required by the Commissioners. It shall also be lawful 
tor said corporation, its successors or assigns, to erect and 
maintain, at such convenient and suitable points along its 
lines as may seem most desirable to the board of direct- 
Engine houses n^ ""^ ^^'^ corpoi-ation and subject to the approval of the 
^^jaigine houses. Commissioners of the District, an engine house or houses 
boiler house or houses, and all other buildings necessary for 
the successful operation of a cable or electric motor rail- 
speed. road. The rate of speed on said road shall not exceed fif- 

teen nailes an hour. The work upon the main line of said 
menran/ Soml^^^?, ^^^^^ ^^ Commenced within ninety days and the same 
pietion. snail be completed within one year from the date of the 

passage of this act, and the work upon the branch line 
thereof shall be commenced within one year and completed 
within two years from the said date; and if the said work 
on the main line of said road shall not be so commenced and 
completed, then the privileges and powers herein granted 
to said corporation shall be void. The corporators herein 
named or the corporation hereby created shall not sell or 
assign any of the rights hereby conferred relating to the 
line ot said road until after the main road hereby authorized 
shall have been constructed as herein provided 
capital stock. Sec 2. That the capital stock of said company shall not 
exceed, it horse-power is to be used for main line, thirty-two 
thousand dollars, which may be increased when work is 
commenced on the branch eleven thousand dollars If 
electric-motor power is to be used, the capital stock for the 
^4?^^ J^^f ^^^ exceed sixty thousand two hundred and 

nfty dollars, which may be increased when work is com- 
menced on the branch twenty thousand dollars. If cable 
power is to be used, the capitol stock for the main line shall 
not exceed one hundred and twenty-two thousand dollars 
which may be increased when work is commenced on the 
branch forty thousand dollars, in shares of fifty dollars 
each. Said company shall require the subscribers to the 
capitol stock to pay in cash, to the treasurer appointed bv 
Subscriptions, the coiporators, the amounts severally subscribed by them 
as follows, namely: Ten per centum at the time of subscrib- 
ing and twenty per centum each thirty days thereafter until 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



71 



Cars, etc. 



fifty per centum thereof shall have been paid, the balance 
of such subscription to be paid at such times and in such 
amounts as the board of directors may require; and no sub- 
scription shall be deemed valid unless ten per centum thereof 
shall be paid at the time of subscribing, as hereinbefore pro- 
vided; and if any stockholder shall refuse or neglect to pay 
any installments as aforesaid, or as required by a resolution 
of the board of directors after ten days notice, in writing, of 
the same, the said board of directors may sell at public auc- 
tion, to the highest bidder, so many shares of his stock as 
shall pay said installments (and the person who offers to pur- 
chase the least number of shares for the assessment due), 
shall be taken as the highest bidder, and the sale shall be 
conducted according to such general regulations as may 
be adopted in the by-laws of said company; but no stock 
shall be sold for less than the total assessments due and 
payable; or said body may sue and collect the same from 
any delinquent subscriber in any court of competent juris- 
diction. The said company shall place first-class cars on Equipment 
said railways, with all modern improvements necessary 
to the convenience and comfort of passengers, and shall 
run cars thereon as often as the public convenience may 
require, in accordance with a schedule or time-table to be 
adopted by said board of directors, a copy of which shall 
be filed with the Commissioners of the District of Colum- 
bia, and to be approved by them, and shall not take on 
any of its cars more passengers than can be accommo- 
dated, and shall cause its cars to be heated during the 
winter season, subject to regulations to be prescribed by 
the Commissioners of the District of Columbia. The said 
company shall bu}^ lease, or construct passenger-rooms, 
ticket-oflSces, workshops, depots, lands, and buildings as 
they may deem necessary, at such points along its line 
as may be approved by the Commissioners of the District, 
and as the business of the railway and the convenience of 
the public may require. Within thirty days after the 
passage of this act, the corporators named in the first 
section, and their associates, successors or assigns, or a 
majority of them, or if any refuse or neglect to act then a 
majority of the remainder, shall cause books of subscrip- g^gjuon °' ^*** 
tion to the capital stock of said company to be opened and 
kept open in some convenient and accessible place in the 
District of Columbia, from nine o'clock in the ^renoon till 
four o'clock in the afternoon, for a period to be fixed by 
said corporators, not less than ten days (unless the whole 
stock shall be sooner subscribed) and said corporators shall 
give public notice, by advertisement in the daily papers 
published in the city of Washington, of the time when and 
the plac^ where said books shall be opened; and subscribers 
upon said books to the capital stock of the company shall be 
held to be stockholders: Provided^ That every subscriber vA^™tf °* ^^ 
shall pay, at the time of subscribing, ten per centum of the "" ^ °°** 
amount by him subscribed, to the treasurer appointed by 
the corporators, or his subscription shall be nuU and void; 



Passenger 
rooms, etc. 



*/ 



f^ 



8 '' 



i 



I 



It 



i I 



ill 



72 LAWS EELATING-TO 8TEEET-EAILWAY FRANCHISES. 

Provided further. That nothing shall be received in pay- 
ment of the ten per centum at the time of subscribing 
except lawful mone3\ And when the books of subscription 
to the capital stock of said company shall be closed, the 
corporators named in the first section, their associates, 
successors, or assigns, or a majority of them, and in case 
any of them refuse or neglect to act, then a majority of 
the remainder, shall, withm ten days thereafter, call the 
first meeting of the stockholders of said company, to meet 
within ten dfays thereafter, for the choice of directors, of 
which public notice shall be given for seven days in two 
newspapers published daily in the city of Washington, and 
by written personal notice to be mailed to the address of 
each stockholder by the clerk of the corporation; and in 
all meetings of the stockholders each share shall entitle the 
holder to one vote, to be given in person or by proxy. 
Directors. Sec. 3. That the government and direction of the oflScers 

of the company shall be vested in the board of seven 
directors, who shall be stockholders of record, and who 
shall hold their oflSce for one vear, and until their succes- 
sors are duly selected and qualified; and the said direct- 
ors, a majority of whom shall be a quorum, shall select 
one of their number to be president of the board, who 
shall be the president of the company; and they shall also 
choose a vice-president, a secretary, and a treasurer, the 
latter of whom shall give a bond, with surety, to said com- 
panv in such sum as the said directors may require for the 
faithful discharge of his trust. In case of a vacancy in the 
board of directors, by death, resignation, or otherwise, of 
any director, it shall be filled by the remaining directors 
by a majority vote of a quorum thereof. The directors shall 
have power to make and prescribe such by-laws, rules, and 
regulations as they shall deem needful and proper touch- 
ing the disposition and management of the stock, property, 
estate, and effects of the company, and require bond and 
security of any of its officers other than those herein speci- 
fied, not contrary to the charter, or to the laws of the 
United States and the laws and ordinances of the District 
oMeS: *^ '""^^ Columbia: Provided, That said board of directors shall 
not have the power to sell or lease the said road, or any 
part thereof, or to purchase or lease any other street rail- 
road, or any part thereof, without first obtaining the writ- 
ten consent of two-thirds of said stockholders and of the 
P«>viso. Commissioners of the District of Columbia : Provided, That 
said company shall have no power to sell or lease the said 
road or any part thereof until after the main line has been 
Annual meet- constructed and operated. There shall be an annual meet- 
ing of the stockholders for choice of directors, to be held 
at such time and place, under such conditions and upon 
such notice as the said company in their by-laws may pre- 
scribe; and said directors shall annually make a report in 
rddway "'^ ""^ Writing of their doings to the stockholders. The said com- 
imny shall have at all times the free and uninterrupted use 
of its roadway; and if any person or persons shall willfully 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



73 



cars. 



and mischievously and unnecessarily, obstruct or impede 
the passage of the cars of said railway with a vehicle or 
vehicles, or otherwise or in any manner molest or interfere 
with passengers or operatives while in transit, or destroy 
or injure the motive powers of said railway, or depots, 
stations or other property belonging to said railway, the 
person or persons so offending shall forfeit and pay for 
each offense not less than twenty-five nor more tnan one 
hundred dollars, to be recovered as other fines and penal- 
ties in said District, and shall in addition to said penalty, 
be liable to said company, for any loss or damage occa- 
sioned by his, her, or their acts as aforesaid. No person Ejection from 
shall be prohibited the right to travel on the cars of said 
road, or be ejected therefrom by the company's employees, 
for any other cause than that of being drunk, disorderly, 
or contagiously diseased, for the use of obscene and profane 
language, refusing to pay the legal fare, or a failure to 
comply with the lawful regulations of the company. The 
principal offices of said company shall be situated in the 
District of Columbia, 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 meeting of stockholders and directors shall be held at 
said office. The book in which transfers of stock shall be 
recorded shall be closed for the purpose of such transfer 
thirty da^^s before the annual election. 

Sec. 4. The said Rock Creek Railway Company shall, on 
or before the 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 said company; and if the said report is not 
made at the time specified, or within ten days thereafter, it 
shall be the duty of the Commissioners to cause proceed- 
ings to be instituted to forfeit this charter; and said com- 
pany shall pay to the District of Columbia, as taxes for each 
year, four per centum of its gross earnings for the preced- 
ing year as shown by said verified statement, which amount 
shall be 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 fran- 
chise and property of said company, both real and personal, 
to a sufficient amount, may be seized and sold in satisfac- 
tion thereof, as now provided by law for the sale of other 
property for taxes; and said per centum of its gross earn- 
ings shall be in lieu of all other assessments of taxes of 
whatsoever character upon its personal property, but the 
real estate of the company shall be taxed as other real 
estate in the District, provided that the tracks of the com- 
pany shall not be taxed as real estate. 



Annual report. 



Taxes. 



i 



'} 



H 



» '1 



74 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



75 



Articles left in 
cars. 



n 



n 



Amendment. 



Sec. 5. That all articles of value that may be inadver- 
tently left in any of the cars or other vehicles of the said 
company shall be taken to its principal. depot and entered 
m a book of record of unclaimed goods, which shall be open 
to the mspection of the public; but when such property 
has been unclaimed for one year the company may sell the 
same. 

Sec. 6. Congress reserves the right to alter, amend, or 
repeal this act at any time. 

Received by the President June 12, 1888. 

m 

[Note by the Department of State.— The foregoing 
act havmg been presented to the President of the United 
btates for his approval, and not having been returned by 
him to the house of Congress in which it originated within 
the time prescribed by the Constitution of the United States, 
has become a law without his approval.] 



route. 



Route. 



Bridge. 



^^^^'^^^- AN ACT To change the route of the Rock Creek Railway Company 
stats. 26, p. 121. and for Other purposes. 

p 1, r. ., J?z^ it enacted ly the Seriate and Houseof Representatives 
R^co ^'^^^%tf^e^^'^^ted States of Americain Can qr ess assembled. That 

Change of the charter of the Kock Creek Railway Company be, and 
the same is hereby, amended so as to authorize said com- 
pany to lay Its tracks and to run its cars thereon, through 
and along the following-named streets, avenues, and places- 
Commencing at the intersection of Connecticut and Florida 
avenues; thence easterly along Florida avenue formerly 
known as Boundary street, to Eighteenth street; thence 
northerly along Eighteenth street to Columbia road; thence 
westerly crossing Columbia road and extending through 
the Cliffbourne tract, to Rock Creek, on such line as shall 
be approved by the Commissioners of the District of 
Columbia; thence crossing Rock Creek on a substantial, 
elevated iron bridge to be erected bv said company at its 
own expense and approved by said Commissioners, which 
shall be a thoroughfare open to the public, not less than 
Mty feet wide, including sidewalks; thence northwesterlv 
through W oodley Park to a point near Woodley road in 
Connecticut avenue extended, on such line as shall be 
approved by the Commissioners of the District of Columbia • 
thence northerly along Connecticut avenue extended to the 
north line of the District of Columbia; also commencing at 
the intersection of Eighteenth and U streets northwest- 
thence east, following U street to Fourteenth street west:' 

Skifptrack., f^ovided, That the said company, at its own expense, shall 

..well paved, keep its said tracks withm the city limits and on Florida 
avenue and Eighteenth street to Columbia road, and for 
the space of two feet beyond the outer rails thereof and 
also the space between the rails and tracks, at all times 
well paved with asphalt, or such other pavement as the 



Proviso 

To 
etc 
etc. 



Commissioners of the District of Columbia shall approve, 
and keep the same in good repair; and if said company incaseoffaii- 
shall fail to pave or repair the said streets in the manner g^^'jjjP\«^,\^jJJ 
aforesaid the Commissioners of the District of Columbia to pave, etc., at 
shall cause the same to be paved or repaired as aforesaid, ^°™P*^y'« ^^^^ 
and the cost of such paving shall be recovered by the 
Commissioners against said company in any court of com- 
petent jurisdiction, and the amount so paid for such pav- 
ing or repairing by said Commissioners shall be a lien upon Lien, 
all property of said company from the time that said pav- 
ing or repairing is made until paid by said company. 

Sec. 2. That so much of the original charter of said Repeal of old 
company, granted by act which became a law June twenty- "*"'®- 
second, eighteen hundred and eighty-eight, as prescribed 
a route or routes for the tracks and road of said company 
be, and the same is hereb}^ repealed, and that the route 
or routes prescribed by this act shall be the only route or 
routes for the tracks and road aforesaid: Provided^ That Prwtw. 
said company shall not operate any part of its road by No overhead 
electric power with overhead wires within the city limits, clty^^mite.'^^'' ^^ 

Sec. 3. That said compan}^ is hereby authorized to issue capital stock, 
its capital stock to an amount not to exceed the actual 
cost, more than ten per centum of the right of way, con- 
struction and equipment, motive power, and such land and 
buildings as may be necessary to said road, in shares of 
one hundred dollars each. Said company shall require 
the subscribers to the capital stock to pay in cash to the 
treasurer appointed by the corporators the amounts sev- 
erally subscribed by them, as follows, namely: Ten per subscriptions, 
centum at the time of subscribing and five per centum 
each thirty days thereafter, until fifty per centum thereof 
shall have been paid, the balance of such subscription to 
be paid at such times and such amounts as the board of 
directors may require; and no subscription shall be deemed 
valid unless the ten per centum thereof shall be paid at 
the time of subscribing, as hereinbefore provided; and if 
any stockholder shall refuse or neglect to pay any install- 
ment as aforesaid, or as required by resolution of the board 
of directors after reasonable notice of the same, the said 
board of directors may sell at public auction, to the highest Delinquent 
bidder, so many shares of his stock as shall pay said install- ^^^^ ^^' ®^- 
ment, and the person who offers to purchase the least 
number of shares for the assessment due shall be taken to 
be the highest bidder, and such sale shall be conducted 
under such general regulations as may be adopted in the 
by-laws of said company; but no stock shall be sold for 
less than the total assessments due and payable, or said 
corporation may sue and collect the same from any delin- 
quent subscriber in any court of competent jurisdiction. 

And the time in which the work and construction of the commence- 
road shall begin and be completed is hereby extended so pieuon Extend- 
that the work shall be commenced within thirty days and ^' 
the entire road completed within eighteen months from 
the passage of this act. - 



j 



S 



i i 



I \ 



76 



LAWS EELATING TO STREET-RAILWAY FRANCHISES. 



Dedication, 
purchase, and 
condemnation of 
lands for public 
highway. 



R.S.D.Csecs. 
257-267, pp. 29-30. 



Provisos. 



Cost of pur- 
chase, etc. 



Interference 
with public trav- 
el, etc. 

Orieinalcharter 
reaffirmed, etc. 

Amendment, 
etc. 



Sec. 4. That when the property owners shall have dedi- 
cated for the purposes of a public highway five-sixths in 
buantity of the land necessary to open a street of such 
width as the Commissioners of the District of Columbia 
may prescribe from Columbia road to Connecticut avenue 
extended and also to prolong said Conneticut avenue 
extended from the point of meeting of said street there- 
with to the boundary of the District of Columbia for the 
full width of one hundred and thirty feet, if any of the 
remaining owners of property lying within the path of 
such street or said avenue extended shall refuse or neglect 
to dedicate their land or lands for the purposes of said 
street or said avenue, or to sell and convey the same to 
the District of Columbia at a price to be agreed upon by 
and between such owners and the said District, then in 
that event it shall be the duty of the Commissioners of 
the District of Columbia, and they are hereby author- 
ized, empowered, and directed, to condemn, in accordance 
with the provisions of sections two hundred and fifty -seven 
to two hundred and sixty-seven, both inclusive, of the 
Revised Statutes of the United States relating to the 
District of Columbia, the remaining one-sixth of said lands 
so as aforesaid lying within the path of such street or said 
avenue extended, or so much thereof as may not have been 
dedicated or sold, as hereinbefore provided, and to open 
such street as aforesaid for the width aforesaid, and to open 
said Connecticut avenue extended for the width of one hun- 
dred and thirty feet as a public highway: Provided, That 
the said company shall furnish the money to pay for the 
purchase or condemnation of said lands and to compensate 
the owners therefor: And provided further, That the track 
or tracks of said company shall be laid in such portions of 
such avenues as will least interfere with public travel, the 
location of the same to be settled by the Commissioners of 
the District of Columbia. 

Sec. 5. That the said company shall continue, subject to 
all the conditions and limitations of its original charter; 
and that Congress reserves the right to amend, alter, or 
repeal the original charter, and this act. 

Approved, May 28, 1890. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



77 



after be constructed, by the Chevy Chase Land Company 
of Montgomery County, Maryland, and which connects, or 
may connect, with the present line of said Rock Creek May connect 
Railway Company, and to have respecting such connect- chevT chaste 
ing line the same powers and privileges as it now has or^°*^^®- 
hereafter may have respecting its own line of railroad not 
inconsistent with the laws of Maryland; and, further, that 
the said Rock Creek Railway Company of the District of 
Columbia shall be, and it hereby is, authorized and empow- 
ered to issue its bonds to aid in paying for the construction Bonds, 
and equipment of its railroad, and the purchase and lease, 
construction, and equipment of any and all future acquisi- 
tions and extensions as hereinbefore are, or that may Here- 
after be, provided for, and to secure the said bonds by 
mortgage or deed of trust of its rights of way, and all its 
property of what kind soever, whether real, personal, or 
mixed, including its franchises as a corporation; and as 
proof and notice of the legal execution and effectual deliv- 
ery of any such mortgage or deed of trust, the same shall 
be filed and recorded in the office of the recorder of deeds 
for the District of Columbia: Provided, however. That the 
bonds hereby authorizedshallat notime exceed in the ag- 
gregate amount of their face value one-half of the capital 
stock of said company actually subscribed and paid in: 
A7id provided further. That for the purpose of fixing the 
amount of the capital stock of said company the cost of capital stock, 
purchase or lease, construction, or equipment of the acqui- 
sition and extension aforesaid shall be deemed as apart of 
the actual cost of the rights of way, construction, equip- 
ment, motive power, and necessary lands and buildings, 
as provided for by the third section of the act amending 
the charter of the said company, approved May twenty- 
eighth, eighteen hundred and ninety; and the time for the 
completion of said road is hereby extended six months from Time extended, 
and after the twentieth of November, eighteen hundred and 
ninety-one. 

Sec. 2. That Congress reserves the right to alter, amend. Amendment. 
or repeal this act. 

Approved, March 3, 1891. 



March 3, 1891. 
Stats. 26, p. 836. 



AN ACT To amend the charter of the Rock Creek Railway Company 

of the District of Columbia. 



Co. 



Be it enacted lyy the Senate and House of R&preBentrtives 
RockCreekRy. ofthe United States of America in Congress ossenMed, That 
in addition to the powers and privileges heretofore con- 
ferred upon the Rock Creek Railway Company of the 
District of Columbia by its act of incorporation as 
amended, the said company shall be, and it hereby is, 
authorized and empowered to buy, lease, hold, and oper- 
ate, or otherwise to contract, respecting the railway in the 
State of Maryland, now constructed or which may here- 



April 30 1892. 

AN ACT To amend the charter of the Rock Creek Railroad Company. '■ '- 

stats. 27, p. 23. 

Be it ermcted hy the Senate and House of Representatives 
ofthe United States of America in Congress assemhled. That Rock creek 
the Rock Creek Railroad Company be, and it is hereby, ^* 
authorized to extend its road from its present terminus on Extension of 
U street to Florida avenue, thence along Florida avenue to ^^*'^^- 
North Capitol street: Provided, That it shall run on the 
same track with the Metropolitan Railroad Company be- 
tween Ninth and Seventh streets. Said company is author- 
ized to extend a branch road from a point on its line in Cliff- 
burne tract across the Adams Mill road to Kansas street, 




'C, 




Use of 
tracks. 



i 



I 



I 



78 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

thence along Kansas street to Ontario avenue, thence along 
or adjacent to Ontario avenue to the east line of the Zoolog- 
ical rark, on such line as shall be approved by the Com- 
missioners of the District of Columbia. That the extension 
and branch herein provided for shall be subject, in all re- 
spects, to the acts of Congress granting and amending the 
charter of the Rock Creek Railway Company as fully as if 
such acts were incorporated herein, 
other Sec. 2. That whenever the route of the foregoing exten- 
sion coincides with the track occupied by the Metropolitan 
Railroad Conapany, both companies shall use the same track 
Terms of use. upon such fair and equitable terms as may be agreed upon 
by said companies; and in the event that said companies 
shall fail to agree upon equitable terms, either of said com- 
mnies may apply by petition to the supreme court of the 
District of Columbia, who shall hear and determine sum- 
marily the matter in due form of law, and adjudge to the 
proper party the amount of compensation to be paid there- 
^wth between for. Whenever more than one of the tracks of said railroad 
company shall be constructed on any of the streets, avenues, 
or other public highways in the District of Columbia, the 
width of space between the two tracks shall not exceed four 
feet, unless otherwise especially ordered by the Commis- 
sioners of the District of Columbia. 
Joint use of Sec. 3. That the Rock Creek Railway Company and the 
Eckington and Soldiers' Home Railway Company shall have 
the power to make any contracts or agreements that may 
be necessary to enable the said companies to run the cars 
of each or either company over the tracks of the other com- 
pany, and also to contract for and use the power of each or 
either company to propel the cars of the other company. 
The said extension and branch shall be completed within 
one year and a half from the passage of this act. 

Sec. 4. That the streets or avenues opened under the 
provisions of this act shall conform to the general plans 
for the extension of the streets and avenues of the District 
of Columbia, and shall be laid out under the direction of 
the Commissioners of the District of Columbia. 

Sec. 5. That Congress reserves the right at any time to 
alter, amend, or repeal this act. 

Approved, April 30, 1892. 



tracks 



Completion. 



Opening 
streets. 



of 



Amendment. 



March 1, 1895. 
Stats. 28, p. 700. 



AN ACT Relative to Rock Creek Railway Company of the District of 



Columbia. 



Be it enacted ly the Senate a/nd House of Representatives 

of the United States of America in Congress assemUed^ That 

R^^^^iuthorized ^^® ^^^ CvQ^k Railway Company of the District of Co- 

to contract with lumbia, being authorized thereto by a vote of the owners 

Zlun^'''^^^^^ a majority of its capital stock, may contract with any 

street railway company owning or operating a connecting 

or intersecting line for the joint management, lease, or pur- 



Fare. 



LAWS EELATING TO STREET-EAILW AY FBANCHI8ES. 79 

chase of such connecting or intersecting line or lines and 
operate the same in connection with its original line; and 
in case of such contract may provide the means necessary 
by an increase of its capital stock, not to exceed the actual 
consideration paid or the actual cost of the necessary equip- 
ment: Provided, That only one fare, not exceeding the rate 
now authorized by law, shall be charged for a single con- 
tinuous ride in the District of Columbia over all the lines 
affected by such contract or any part thereof; and any such 
company owning connecting or mtersecting line is hereby 
empowered, when authorized by a vote of a majority of its 
stockholders, to enter into such contract: Provided further. 
That nothing in this Act shall be construed to impair or 
abridge the right of Congress at any time to regukte the 
operation of such line or lines, or to release any railway 
company or companies thus contracting, in whole or in 
part, from any obligation or restriction imposed by its 
original charter or by any law of Congress subsequently 
enacted, except as provided herein; and Congress hereby 
reserves the right to alter, amend, or repeal this Act. In 
the event of the said companv entering into such contract 
as is contemplated by this Act, it is hereby authorized, if 
deemed advisable by its directors, to change its name from 
the Rock Creek Railway Company of the District of Co- Srce^'^cSS 
lumbia to that of ''The Capital Traction Company." *"**^°^ 

Approved, March 1, 1895. 



May chan^t 
name of road un- 



Extract from Public No. 124, Approved, July 14, 1892. 

Care of Bridges: For ordinary care of bridges, includ- 
ing keepers, oil, lamps, and matches, five thousand dollars; 
tor construction and repairs of bridges, fourteen thousand 
dollars; in all, nineteen thousand dollars. That the Wash- 
ington and Georgetown Railroad Company is hereby re- 
quired to repair the bridge across Rock Creek at M. street t o x 
northwest at a cost not exceeding ten thousand dollars, ^tfJet^^ 
said repairs to be made under the direction of the Engineer 
Commissioner of the District of Columbia ^nd in accordance 
with plans and specifications to be prepared by him. 



repair 
at M 



AN ACT To amend the charter of the Capital Traction Company of June 2, 1900. 

the District of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled^ That Route extend- 
tlie Capital Traction Companv be, and the same is hereby, ^*^- 
authorized and required, within six months from the pas- 
sage of this Act, to lay down an underground electric rail- 
^/•&r^^i^^ *^^ necessary switches and turn-outs in the city 
ot n ashington, in the District of Columbia, through and 
along the following streets and avenues, namely: Begin- 



80 



LAWS KELATING TO STEEET-BAILWAY FRANCHISES. 



I 



avS^fei*'^^^^^*^^® ™^i^ tracks at the intersection of Pennsylvania 
tension. avcnue and Eighth street southeast, and thence easterly 

along said Pennsylvania avenue with double tracks to Fif- 
teenth street east; thence by a single-track loop on Penn- 
sylvania avenue, the circle, K, and Fifteenth streets, bound- 
ing square numbered one thousand and seventy-eight, and 
connecting with the double tracks at Pennsylvania avenue 
Plans. and Fifteenth street east; all work to be done in accord- 

ance with plans acceptable to and approved by the Com- 
missioners of the District of Columbia. 
ueTeslxten^ded" .^^9' ^' ^hat the said Capital Traction Company of the 
' District of Columbia shall have, over and respecting the 
route hereinbefore provided for, the same rights, powers, 
and privileges as it now has, or hereafter may have, by 
law over and respecting its other routes, and be subject in 
respect thereto to all the other provisions of its charter 
and law. 

Sec. 3. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, June 2, 1900. 



! |! 



!i 



Mil 



Jnne 4. 1900. j^ ^(j^ Authorizing and requiring certain extensions to be made to 
the lines of the Capital Traction Company and of the Anacostia and 
Potomac River Railroad Company of the District of Columbia. 

Be it enacted hy the Senate and House of Representatives 
' of the United States of America in Congress asseinUed^ That 
the Capital Traction Company of the District of Columbia 
be, and it hereby is, authorized and required to construct 
the necessary tracks and to make the necessary connec- 
tions for the purpose of operating its cars by the under- 
ground electric system and to operate the same over 
and along the following route, namely: Beginning at the 
B. and o. de- intersection of First and C streets northwest, east on C 

pot extension, street to Delaware avenue, and thence by a loop around 
square six hundred and eighty-six (bounded bv Delaware 
avenue, B, First, and C streets northeast). Also, begin- 
ning at the intersection of Pennsylvania avenue and Seven- 
teenth street northwest; ^uth on Seventeenth street by 
double tracks to G street northwest; west on G street by 
single track to Twenty-fifth street; north on Twenty-fifth 

exTelfsfoS."^^^*" ^^.^^^.*^ ^^ ^y^^^^ *^rack to Pennsylvania avenue. Also, be- 
ginning with the tracks at the corner of Seventeenth and 
G streets northwest; south on Seventeenth street by sin- 
gle track to F street northwest; west on F street by sin- 
gle track to Twenty-sixth street northwest; north on 
Twenty-sixth street by single track to Pennsylvania ave- 
. nue: Provided^ That for the purpose of furnishing a loop, 
for use when necessary, a single track may be extended 
along G street northwest from Twenty-fifth to Twenty- 
sixth streets, connecting with the single tracks in Twenty - 
fifth and Twenty-sixth streets northwest. 



LAWS RELATING TO STEEET-BAILWAY FRANCHISES. 81 

Sec. 2. That the Anacostia and Potomac Eiver Railroad ^-nacostia and 
Company be, and it is hereby, authorized and required, r R^'extemton! 
within one year from the date of the approval of this Act, 
to extend the lines of its underground electric railroad 
from the intersection of First street east and E street 
south, north along First street to B street south; thence 
west along B street, connecting with its existing tracks 
between Second and Third streets west. 

Sec. 3. That where the route provided for in this Act coinciding 
comcideswith the routes of existing street railways one '**'''^^^' 
set of tracks shall be used in common, upon terms mu- 
tually agreed upon, or, in case of disagreement, upon 
terms determined by the supreme court of the District of 
Columbia, which is authorized and directed to give hear- 
ing to the interested parties and to fix the terms of joint 
trackage. 

Sec. 4. That the extensions herein authorized shall be '^^^ ^^ co°i- 
completed and cars operated over the same within one year ^^^^^''^' 
from the date of the passage of this Act. The double 
tracks of the Capital Traction Company now in the south 
side of C street northwest, between First street and New 
Jersey avenue, shall also be removed within said time, 
and the space so vacated restored to proper condition in a 
manner satisfactory to the Commissioners of the District 
of Columbia. 

Sec. 5. That the extensions herein authorized shall be p^"^- 
constructed in accordance with plans satisfactory to the 
Comnussioners of the District of Columbia and approved 
by them. 

Sec. 6. That the said Capital Traction Company and charter privi- 
the Anacostia and Potomac River Railroad Company shall ^^^^^^^^^^^^ 
have, over and respecting the routes herein provided for, 
the same rights, powers, and privileges they respectively 
have or^hereaf ter may have by law, over and respecting 
their other routes, and be subject in respect thereto to alL 
the other m-ovisions of their charters and of law. 

Sec. Y. That Congress reserves the right to alter, amend, 
or repeal this Act. ' 

Approved, June 4, 1900. 
16400—05 6 




I' 



M 



i'i 



ill 



COLUMBIA RAILWAY COMPANY. 

AN ACT To incorporate the Columbia Railway Company of the Dis- May 24, 1870. 

trict of Columbia. q. . ,„ — t— 

stats. 16, p. 133. 

Be it enacted hy the Senate and House of Representative 
of the United States of America in Congress assemUed^ Tha^ Colombia Raii- 
William Gunton, John C. McKelden, Samuel Fowler, Wil- S^S^T'''^- 
liam B. Todd, William H. Clagett, John F. Callan, S. P. 
Brown, George H. Plant, W. C. Bestor, E. M. Gallaudet, 
R. C. Fox, Mathew G. Emery, William Stickney, Martin 
M. Roher, Richard Sutton, David D. Cone, Robert Williams, 
William P. Copeland, William H. Nallev, G. H. B. White, 
James T. Pritchard, J. C. Wall, John H. McCutchen, 
Paulus Thyson, Bernard Hayes, Jacob D. Kitch, and their 
associates and assigns, be, and they are hereby, created a 
body corporate, under the name of the "Columbia Rail- 
way Company," with authority to construct and lay down 
a single or double track railway, with the necessary switches 
and turnouts, in the city and county of Washington, in the 
District of Columbia, through and along the following 
avenues, streets, and highways: commencing at a point on Route, 
the eastern side of west Fifteenth street, on New York 
avenue, thence eastwardly along said avenue to its inter- 
section with north K street; thence along north K street 
to its intersection with Massachusetts avenue; thence along 
Massachusetts avenue to its intersection with north H 
street; and thence along H street to its eastern termina- 
tion with the Columbia turnpike gate, with the right to 
run public carriages thereon drawn by horse-power, re- aM oti ve 
ceiving therefor a rate of fare not exceeding six cents a^*?^^^- 
passenger for any distance on said road. 

Sec. 2. And he it further enacted^ That should a majority Road may be 
of the stockholders so elect, at any time within two years ^''*^°^^^' 
after the completion of said road (provided for in section 
one above), the said Company shall have the right to extend 
said road, either with a smgle or double track, with the nec- 
essary switches and tournouts along the line of the Colum- 
bia Turnpike Road Company, with the consent of said 
Turnpike Road Company, or on any other road or roads 
leading northwardly or eastwardly from such intersection 
at the Columbia turnpike gate, now opened, or which may 
hereafter be opened, by the proper authorities; and thence 
along said road or roads, by the most practicable route or 

« Changed to cable power under authority of Act of Congress, ap- 
proved March 2, 1889. 

83 



1 



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\\ 



•\ 



I • 



•li 






t 



COLUMBIA RAILWAY COMPANY. 

AN A.CT To incorporate the Columbia Railway Company of the Dm- May 24, 1870. 

trict of Columbia. stats. 16. p. 133. 

Be it enacted hy the Senate and House of Bepresentativ^ 
of the United States of America in Congress assembled^ Tha^ Columbia Raii- 
William Gunton, John C. McKelden, Samuel Fowler, Wil- SJ^SmeT^'^" 
liam B. Todd, William H. Clagett, John F. Callan, S. P. 
Brown, George H. Plant, W. C. Bestor, E. M. Gallaudet, 
R. C. Fox, Mathew G. Emery, William Stickney, Martin 
M. Roher, Richard Sutton, David D. Cone, Robert Williams, 
William P. Copeland, William H. Nalley, G. H. B. White, 
James T. Pritchard, J. C. Wall, Johiu H. McCutchen, 
Paulus Thyson, Bernard Hayes, Jacob D. Kitch, and their 
associates and assigns, be, and they are hereby, created a 
body corporate, under the name of the "Columbia Rail- 
way Company," with authority to construct and lay down 
a single or double track railway, with the necessary switches 
and turnouts, in the city and county of Washington, in the 
District of Columbia, through and along the following 
avenues, streets, and highways: commencing at a point on Route, 
the eastern side of west Fifteenth street, on New York 
avenue, thence eastwardly along said avenue to its inter- 
section with north K street; thence along north K street 
to its intersection with Massachusetts avenue; thence along 
Massachusetts avenue to its intersection with north H 
street; and thence along H street to its eastern termina- 
tion with the Columbia turnpike gate, with the right to 
run public carriages thereon drawn by horse-power, re- om oti ye 
ceiving therefor a rate of fare not exceeding six cents a^^^re 
passenger for any distance on said road. 

Sec. 2. And he it further enacted^ That should a majority ^®*^^™*y ^ 
of the stockholders so elect, at any time within two years ^^^^ ' 
after the completion of said road (provided for in section 
one above), the said Company shall have the right to extend 
said road, either with a single or double track, with the nec- 
essary switches and tournouts along the line of the Colum- 
bia Turnpike Road Company, with tiie consent of said 
Turnpike Road Company, or on any other road or roads 
leading northwardly or eastwardly from such intersection 
at the Columbia turnpike gate, now opened, or which may 
hereafter be opened, by the proper authorities; and thence 
along said road or roads, by the most practicable route or 

« Changed to cable power under authority of Act of Congress, ap- 
proved March 2, 1889. 

83 



i 



A\ 



■ 



84 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 



I 

i 



I 












routes, to the termini near, at or in the District of Colum- 
bia, receiving therefor a rate of fare not exceeding cents 
Motive power, a passenger for any distance on said road or roads. The 
. carriages on the extension of said road or roads to be pro- 
pelled either by horse-power or dummy engines, at the 
option of the said Railway Company. 

Sec. 3. And he itfurtkefr enacted^ That the said road or 
roads shall be deemed real estate, and, together with other 
real and personal property of said body corporate, shall 
Taxation. be liable to taxation as other real estate and personal prop- 
License ioT^^^J-i and to license for their vehicles or cars in the city 
»»• and county aforesaid, except as hereinafter provided. 

Construction. Sec. 4. And he it further enacted^ That the said railway 
shall be laid as near the centre of the avenues and streets 
in the city Of Washington as practicable (without interfer- 
ing with or passing over the water or gas pipes), in the 
most approved manner adapted for street railways, with 
the rails of the most approved pattern, to be determined 
by the Secretary of the Interior, laid upon an even surface 
with the pavement of the streets or avenues; and the space 
between the two tracks (where two are laid) shall not be 
less than four feet nor more than six feet, and the car- 
Gauge, riages shall not be less than six feet in width; the gauge 
to correspond with that of the Metropolitan Railroad. 
That the railways in the county (should it be determined 
to construct such roads) shall be laid in such manner as 
will least interfere with the ordinary travel of the road or 
roads on which the tracks shall be laid. 
^ Sec. 5. And he it further enacted, That the said corpora- 
tion hereby created shall be bound to keep said tracks, 
and for a space of two feet beyond the outer rail thereof, 
and also the space between the tracks, so far as the same 
are laid within the limits of the city of Washington, at all 
Paving. times well paved and in good order, without expense to 
the United States or the said city. And in case the road 
shall be extended beyond the limits of said city, [as is here- 
tofore provided,] the said corporation shall be bound to 
keep said tracks, and for a space of two feet beyond the 
outer rail thereof, and also the space between the tracks 
well gravelled or paved and in good order, so as not to 
impede the general travel on said roads by vehicles or 
otherwise, without expense to the county of Washington. 
Grade of streets Sec. 6. And he it further enacted. That nothing in this 
may be changed. ^^^ gj^^jj prevent the Government at any time, at its option, 
from altering the grade, or otherwise improving all ave- 
nues and streets occupied by said road, or the city of 
Washington from so altering and improving such streets 
and avenues and the sewerage thereof, as may be under 
their respective authority and control; and in such event 
it shall be the duty of said Company to change their said 
railway so as to conform to such grade and pavement. 

Sec. 7. And he it further enacted. That this act may at 
any time be altered, amended, or repealed by the Congress 
of the United States. 



Paving. 



Amendment. 



l 



LAWS EELATING TO STBEET-EAILWAY EBAITOHISES. 



85 



Shares, how 
transferable. 



running. 



Sec. 8. And he it further enacted. That nothing in this issue of cur- 
act shall be so construed as to authorize said body corpo- thomed?°* *"" 
rate to issue any note, token or device, scrip or other evi- 
dence of debt, to be used as currency. 

Sec. 9. And he itfartlter enacted, That the capital stock capital stock, 
of said Company shall not be less than one hundred thou- 
sand dollars, nor more than four hundred thousand dollars, 
and that the stock shall be divided into shares of fifty dol- 
lars each, and shall be deemed personal property, transfer- 
able in such manner as the By-Laws of said Company ma}^ 
direct. 

Sec. 10. A7id he it further enacted. That the said Com- cars, class and 
pany shall place first-class cars on said railway, with all the 
modern improvements, for the convenience and comfort of 
passengers, and shall run cars thereon during the day and 
as late as ten o'clock at night, and as often as every fifteen 
minutes, between west Fifteenth street and the eastern ter- 
minus of north H street; and in case the said road shall be 
extended beyond the city limits, on the entire road, or such 
portions as may be completed, through the day and night, 
as often as the public convenience and the interests of the 
Railway Company m^y require: Provided, however. That 
the carriages or cars thereon shall not make less than eight 
trips each way per day during six days in each week. 

Sec. 11. And he it further enacted. That the said Com- ^^P^^s^^ser 
pany shall provide such passenger rooms, ticket offices, 
stables, and depots at such points as the business of the 
railroad and the convenience of the public may require. 
And said Company is hereby authorized to lay such rails 
through transverse or other streets or roads as may be 
necessary for the exclusive purpose of connecting the said^^g^nnecting 
stables and depots with the main tracks; and the said Com- 
pany is hereby authorized to purchase or lease such lands 
or buildings as may be necessary for the passenger rooms, 
ticket offices, stables, and depots above mentioned. 

Sec. 12. And he it further enacted, That all articles of 
value that may be inadvertently left in any of the cars or 
other vehicles of said Company shall be taken to its prin- 
cipal depot and entered in a book of record of unclaimed 
goods, which book shall be opened to the inspection of the 
public at all reasonable hours of business. 

Sec. 13. And he it further enacted. That within thirty 
days after the passage of this act, the corporators named 
in the first section, or a majority of them, or if any refuse 
to act, then a majority of the remainder, shall cause books 
of subscription to the capital stock of said Company to be subscription to 
opened, and kept open, in some convenient and accessible *^^'** ^^^ * 
place or places in the city of Washington for a period to be 
fixed by said corporators, not less than two days; and said 
corporators shall give public notice, by advertisement in 
not less than two daily papers published in the city of 
Washington, of the time when and the place where said 25 per cent of 
books shall be opened; and subscribers upon said books tot^pTwa'ttimecS 
the capital stock of the Company shall be held to be stock- ^^^^^^^ing. 



Lands. 



Articles left in 
cars. 



I 



J' 



86 



First meeting 
of stockholders. 

Directors. 






Votes and 
proxies. 



Board of di- 
rectors. 



Officers. 



Vacancies. 



By-laws. 




Subscription to 
stock, when to be 
called in. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



holders; Provided^ That no one individual shall be allowed 
to subscribe for more than two hundred shares of said 
stock: Provided further^ That every subscriber shall pay, 
at the time of subscribing, twenty -five per centum of the 
amount by him subscribed to the treasurer appointed by 
the corporators, or his subscription shall be null and void. 
If, at the end of two days, a larger amount than the capi- 
tal stock of said Company shall have been subscribed, tne 
books shall be closed, and the said corporators named in 
the first section shall forthwith proceed to apportion said 
capital stock among the subscribers pro rata^ and make 
public proclamation of the number of shares allotted to 
each, which shall be done and completed on the same day 
the books are closed: Provided furthe7\ That nothing shall 
be received in payment of the twenty-five per centum, at 
the time of subscribing, except money. And when the 
books of subscription of the capital stock of said Company 
shall be closed, the corporators named in the first section, 
or a majority of them, and, in case any of them refuse or 
neglect to act, then a majority of the remainder, shall, 
within ten days thereafter, call the first meeting of the 
stockholders of said Company, to meet within ten days 
thereafter, for the choice of seven directors, of which pub- 
lic notice shall be given for five days in not less than two 
public newspapers published daily in the city of .Washing- 
ton, or by written or printed personal notice to each stock- 
holder by the clerk of the corporation. And in all meetings 
of stockholders each share shall entitle the holder to one 
vote, to be given in person or by proxy. 

Sec. 14. And he it further enacted^ That the government 
and direction of the affairs of the Company shall be vested 
in a Board of Directors, seven in number, who shall be 
stockholders, and who shall hold their office for one year 
and until others are duly elected and qualified to take their 
places as Directors. And the said Directors (a majority of 
whom, the President being one, shall constitute a quorum), 
shall elect one of their number to be President of the 
Board, who shall also be President of the Company; and 
they shall also choose a Treasurer, who shall give bonds, 
with security, to said Company in such sum as the said 
Directors may require for the faithful discharge of his 
trust. In case of a vacancy in the Board of Directors by 
the death, resignation, or otherwise of any Director, the 
vacancy occasioned thereby shall be filled by the remain- 
ing Directors. 

Sec. 15. And he it further enacted, That the Directors 
shall have full power to make and prescribe such by-laws, 
rules and regulations as they shall deem needful and proper 
respecting the disposition and management of the stock, 
property, estate and effects of the Company, not contrary 
to the charter or to the laws of the United States and the 
ordinances of the city and county of Washington : Provided: 
That the Directors of said corporation shall have the power 
to require the subscribers to the capital stock to pay the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES* 



87 



amount by them respectively subscribed at such time (after 
the first installment), in such manner and in such amounts 
as they may deem proper; and if any stockholder shall 
refuse or neglect to pay any installments as required by a 
resolution of the Board of Directors, after reasonable notice 
of the same, the said Board of Directors may sell at public 
auction, to the highest bidder, so many shares of his said 
stock as shall pay said installments (and the highest bidder 
shall be taken to be the person who offers to purchase the 
least number of shares for the assessment due), under such 
regulations as may be adopted in the By-Laws of said cor- 
poration; or said body corporate may sue and collect the 
same from any delinquent subscriber in any court of com- 
petent jurisdiction. 

Sec. 16. And he it further enacted^ That there shall be 
an annual meeting of the stockholders for choice of direct- 
ors, to be holden at such time and place, under such con- 
ditions, and upon such notice as the said Company in their 
By-Laws may prescribe; and said Directors shall annually 
make a report in writing of their doings to Congress, or to 
the Secretary of the Interior, and to the stockholders in 
general meeting. 

Sec. 17. Andheit further enacted, That the Mayor and 
Council of said city, and the levy court of said county, 
and the several officers of these corporations, and the said 
corporations are hereby prohibited from doing any act or 
thing to hinder, delay, or obstruct the construction or 
operations of said railway, as herein authorized. 

Sec. 18. And he it further enacted. That the said Com 
pany shall have, at all times, the free and uninterrupted 
use of the roadway. And if any person or persons shall 
wilfully and unnecessarily obstruct or impede the passage 
of, or destroy or injure the cars, depot, stations, or any 
other property belonging to said Railway Company, the 
person or persons so offending shall forfeit and pay for 
each such offence the sum of ten dollars to said Company, 
to be recovered and disposed of as other tines and penal- 
ties in said city and county, and shall remain liable, in 
addition to said penalty, for any loss or damage occasioned 
by his, her, or their act as aforesaid; but no suit shall be 
brought unless commenced within sixty days after such 
offence shall have been committed. 

Sec. 19. And he it further enacted, That unless said cor- 
poration shall make and complete their said railway 
between west Fifteenth street and the eastern terminus of 
north H street within eight months after the Company shall 
have been fully organized, then this act shall be null and 
void, and no rights whatsoever shall be acquired under it; 
and that the remainder of the said road shall be completed 
(if commenced) to its proposed terminus in the county of 
Washington within five years. 

Sec. 20. And he it further enaxited^ That no person shall 
be prohibited the right to travel on any part of said road 
or roads, or ejected from the cars thereof, for any other 



Forfeiture. 



Annual meet- 
ing. 



Report. 



ConBtructionof 
railway not to be 
hindered. 



It 



it 
il 



Obstrction of 
roadway. 




Completion. 



J 



Exclusion from 
cars. 



88 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



cause than that of being drunk, disorderly, unclean, con- 
tagiously diseased, refusing to pay the legal fare exacted, 
individ„«i r ^""^ ^""^^^Z "^i^}" the general regulations of the Company 
i.mf^f'tiJit. ^J^-21. A7id be zt further enacted, That each of the stock- 
holders. holders in the Co umbia Railway Company shall be liable 

individually for all the debts and liabilities of said Company 
to an amount equal to the amount of stock held by such 
stockholder. '^ 

Reports. 8^0. 22. And he it further enacted, That all the provisions 

of the act incorporating the Washington and Georgetown 
Kailroad Company, requiring reports of expenditures, earn- 
ings, and otherwise, shall be applicable to the Company 
herein incorporated, which shall make reports as in said 
act required. 
ci?u1e^ e a 1 i ng Sec. 23. And he it further enacted. That all acts and parts 
of acts heretofore passed which are inconsistent with any 
of the provisions of this act be, and the same are, for the 
purposes of this act, hereby repealed, so far as the same 
are inconsistent herewith. 



June 13, 1898. 



I 



AN ACT To authorize the extension eastwardly of the Columbia 

Railway. 

Be it enacted hy the Senate and House of Eepresentatvves 

Extension ^n ?/ ^Ti i "^l- o ^m ''^"^!?^'^^ ^'^ Congress asseinUed, That 
Bennings road, ^ue L^olumbia Kailway Company, incorporated under an 

Act of Congress approved May twenty-fourth, eighteen 
hundred and seventy, be, and it is hereby, authorized to 
extend its lines and to locate, construct, equip, and main- 
tain and operate a single or double track railway, and all 
necessary depots, stations, sidings, switches, and turn-outs, 
Motive power, and to mn cars thereon propelled by cable, electric, com- 
pressed air, or other mechanical power, except steam loco- 

Passengersanaf^^V^V*^!^^ approved by the Commissioners of the Dis- 
merchandise. trict ot Columbia, and to carry passengers, parcels, milk 
truck, and merchandise over and along the following 
routes and roads in the District of Columbia, to wit: Be- 
ginning at the present eastern terminus of the railway of 
said company as now laid down and constructed on Ben- 
ning road; thence along the north side of said road, but 
outside of the limits thereof, to the western edge or shore 
hue of the Eastern Branch of the Potomac River; thence 
over the flats of said branch and over said branch by a 
wooden trestle bridge to the eastern edge or shore of said 
branch; thence to a point at or near the intersection of 
said Bennmg road with the road north of the Baltimore 
and Potomac Railroad known as the Race Course road- 
thence along the said Race Course road, but outside its 
limits, to the Anacostia road; thence along said Anacostia 
road, but outside its limits, to Watts Creek; thence east 
across said Anacostia road, and, by proper subway, under- 
neath the tracks of the Baltimore and Potomac and Balti- 
more and Ohio railroads, to a point at or near the eastern 



Route 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



89 



I! 



Plans. 



Cause wa y 
across flats. 



corner of the District of Columbia, with a branch from 
the intersection of said Watts Creek and Anacostia road 
along Anacostia road, but outside its limits, to its inter- 
section with the eastern boundary line of the District of 
Columbia: Provided, That the location of said routes and 
the plans and specifications for the construction of the said 
railway lines, depots, and stations shall be subject to the 
approval of the Commissioners of the District of Colum- 
bia, and that the said company shall, whenever the flats of 
the said Eastern Branch shall be reclaimed, construct in 
the place and stead of the trestle bridge herein provided brid|e"^*°^°* 
for a permanent structure, to be approved by the Com- 
missioners of the District of Columbia: And provided 
fuTther, That overhead trolleys shall not be used on the ^^no^ ^l^^^x 
lines of the said company farther west on said railroad ifmiteT ^° ^^ ^ 
than Fifteenth street northeast. That wherever electric 
power propulsion is adopted upon the extension herein 
authorized, or on any other portion of the line of said 
Columbia Railway Company, no portion of the electrical 
circuit shall be through the earth, but a return circuit of 
proper capacity and located similarly to the feed- wire To nrevent 
circuit shall be provided for the electrical current, and 
that whenever the trolley system is used each car shall be 
provided with a double trolley, and that no earth connec- 
tion shall be made with any dynamo furnishing power for 
the road. The said company is hereby authorized to con- 
struct a roadbed or causeway on which to lay the tracks 
of its railway across the flats of said Eastern Branch from 
the western shore or edge to the channel thereof. 

Sec. 2. That the main line hereby authorized to a point j^^e of oom- 
at or near the eastern corner of the Districf of Columbia ^ * 
shall be completed within one year from the date of the 
approval of this Act, and the ' branch from said Watts 
Creek along said Anacostia road shall be completed within 
two years from the date of the approval of this Act. 

Sec. 3. That only one fare for a continuous ride over 
the route described in the company's charter, and over the 
extensions hereby authorized or any part thereof, shall be 
charged for each passenger. 

Sec. 4. That the said company shall have at all times the 
free and uninterrupted use of the line and tracks hereby au- uni'awftiL 
thorized, and if any person or persons shall willfully, mis- 
chievously, and unlawfully obstruct or impede the passage 
of cars of said railway company with a vehicle or vehicles, 
or otherwise, or in any manner molest or interfere with 
passengers or operatives while in transit, or destroy or 
injure the cars of said railway, or depots, stations, or other 
property belonging to the said railway company, the per- 
son or persons so offending shall forfeit and pay for each 
such offense a sum not exceeding one hundred aollars, to Penalty, 
be recovered as other fines and penalties are recovered in 
said District, and all persons so offending shall remain 
liable, in addition to said penalty, for any loss or damage 
occasioned by his or her or their act as aforesaid; but no 



Fare. 



Obstruction to 
free use of tracks 



li 



i 



k 




90 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

jsuit shall be brought to enforce such fines and penalties or 
to recover for any such loss or damage unless commenced 
within sixty days after the ofi'ense shall have been com- 
mitted. 

riJhtofwSylSd ^Ep- ^- That the said company shall have the right to 
land for depots, acquire and obtain the right of way over and through the 
land on which the aforesaid lines and routes may be located, 
and to acquire and hold land for necessary depots, stations, 
offices, store and power houses, and workshops; and in 
the event that said company shall not be able to come to 
an agreement with the owners of any land through which 
the said line and routes may be located, or on which it may 
be necessary to erect depots, stations, offices, store and 
piS??^^*"**''^^'^^^ houses, or workshops, proceedings for the condem- 
nation for the use of the company of so much land as may 
be required for right of way, not exceeding thirty feet in 
width, and for the necessary depots, stations, offices, store 
and power houses, and workshops may be instituted in the 
supreme court of the District of Columbia under and in 
accordance with the provisions of sections two hundred 
and fifty-seven to two hundred and sixty -seven, both in- 
clusive, of the Revised Statutes of the United States relat- 
ing to the District of Columbia, being the laws governing 
the condemnation of lands in said District for public high- 
Procedure, ways: Prmided^ That it shall be the duty of the marshal of 
the said District, upon the request of said railway company, 
to summon all necessary jurors and to exercise the powers 
and authority conferred upon him by said laws: And pro- 
vided further^ That the costs and expenses of all such pro- 
ceedings shall be defrayed by the said railway company. 

to^SSteSnway'^^®.^^"^"^^^^^^"®^^ ^^ *^^ District of Columbia are au- 
in 30-foot strip, thorized and empowered to locate the lines of the railway 
of said company within the said area, thirty feet in width, 
so to be acquired as aforesaid, north of the present north- 
Dedication of ern line of said Benning road. In the event that said Ben- 
BenniSr^adTs ning .I'oad and other roads mentioned in section one shall 
-''' be widened to a width of ninety or more feet, and further, 

in the event of any portions of the right of way being in- 
cluded in highways to be opened in future, then, and in 
such cases, the said company shall convey to the District of 
Columbia, for the use of the public, the right of way over 
the said area of thirty feet in width, subject, however, 
to the right of the said company to use and occupy the 
same for the operation and maintenance of its said road. 

Sec. 6. That the said railway company shall have the 
right to issue bonds of said company to an amount nec- 
essary to cover the cost of locating, constructing, and equip- 
ping the said extended lines of railway tracks and the 
depots, stations, offices, store and power houses, and work- 
shops necessary to the proper operation thereof, and to se- 
cure the same by a mortgage or deed of trust covering its 
corporate franchises and properties, or such portion thereof 
as may be necessary for that purpose: Provided^ hoicever^ 
That the total issue of said bonds shall not in the aggre- 



widene 



Bonds. 



Appeal. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



gate exceed the actual cost of the construction and equip- 
ment hereinbefore authorized; and before any bond or trust 
deed shall be executed, the amount thereof shall be ascer- 
tained and fixed by the Commissioners of the District of 
Columbia; and for this purpose said Commissioners are 
hereby authorized to subpoena and examine witnesses and 
take such testimony as may be necessary to enable them to 
make such determination and ^^ the amount of issue: 
And provided further^ That an appeal may be taken from 
the decision of said Commissioners to the supreme court 
of the District of Columbia. And all bonds issued in ex- 
cess of the amount authorized by said Commissioners or 
said court, or in violation of the provisions of this Act, 
shall be null and void. 

Sec. 7. That the said railway company is authorized and 
empowered to contract with any railway company owning 
and operating, or which may hereafter own and operate, 
any railway connecting or intersecting the extension of the 
Columbia Railway herein authorized, for the joint use, 
management, or lease of said extended lines, or either of 
them, or any part thereof, upon such terms as may be 
agreed upon between such companies: Provided^ That 
steam power shall not be used upon any portion of the 
route named herein which is or may hereafter be in- 
cluded within the limits of highways, nor west of the 
present tracks of the Baltimore and Ohio and Baltimore 
and Potomac railroads: And provided further^ That nothing 
herein contained shall be construed to prohibit the Con- 
gress from authorizing any other railroad company own- 
ing and operating or to own and operate any connecting 
or intersecting railway to use said extended lines, or either 
of them, or any part thereof, upon such terms as it may 
prescribe. 

Sec. 8. That the rights conferred and the duties and 
obligations imposed upon said company by its charter, or 
by subsequent legislation, shall be held to extend and 
apply to the extensions herein provided for: Provided^ 
That nothing herein shall be construed to authorize the 
Columbia Railwa}^ to occupy the right of way of any other 
company. 

Sec. 9. That Congress reserves to itself the right to 
alter, amend, or repeal this Act. 

Approved, June 13, 1898. 



91 






Commissioners 
to fix amount. 



May make con- 
tracts with con- 
necting or inter- 
secting railways 
for ioint use of 
tracks. 



'M 



Steam power 
not to be used. 




li 



Charter priv- 
ileges extended. 



JOINT RESOLUTION Extending the time within which certain street Mar. 1. 1901. 
railroads in the District of Columbia may be constructed. 

Resolved hy the Senate and House of Representatives of 
the United States of Amertea in Congress assemUed^ "^^^^ an^* Get?yf bui5 
the time within which the Washington and Gettysburg time extended. 
Railway Company, of Maryland, is allowed to extend its 
lines into and within the District of Columbia be, and the 



(. 



92 



LAWS BELATING TO STEEET-BAttWAY FRANCHISES. 



Columbia R.R. 



tr;LS'Sli.f,t£/- *- years W and afte. 
wav k tJh^i ^'Jf .*™^ '"i*''''' ^'"'^J' *he Columbia Rai]- 

Approved, March 1, 1901. 



ft: 



frlH 



iiii 



' • 



Is 




DISTRICT OF COLUMBIA SUBURBAN RAILWAY COMPANY. 

AN ACT To incorporate the District of Columbia Suburban Railway July 5. 1892. 

Company. stats. 27, p. 66. 

Be it enacted hy the Senate and Home of Bepresentatives ^^^^^^^ ^^ ^^ 
of the United States of America in Congress assemhled,. That lumbia ^Mway 
Richard K. Cralle, Charles E. Creecy, John T. Mitchell, M. ^^d ^ *^''''" 
F. Morris, J. W. Denver, L. G. Hine, Gilbert Moyers, S. E. 
Mudd, Robert A. Howard, W. I. Hill, John W. Childress, 
J. F. Kennedy, D. W. Glaisse, Harry Barton, Philemon W. 
Chew, T. C. Daniel, G. P. Davis, Jere Johnson and L. C. 
Loomis, and their associates successors, and assigns, are 
hereby created a body corporate by the name, style, and 
title of "The District of Columbia Suburban Railway Com- 
pany," 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 
within the United States, and may make and have a common 
seal. And said corporation is hereby authorized to con- 
struct and lay down a single or double track railway, as 
may be approved by the Commissioners of the District of 
Columbia, with the necessary switches, turn outs, and other 
mechanical devices, in the District of Columbia, through 
and along the following routes: Beginning at the dividing 
line between the District of Columbia and the State of 
Maryland, on the Bladensburg road, and running thence 
along the said road so that the outer rail of said railway ^ ' 
shall not be more than five feet from the eastern boundary 
of said Bladensburg road, to H. street east; thence west on 
H. street east to Seventh street east, over the tracks of the 
Columbia Railroad. 

Also beginning at the junction of Philadelphia and 
Twelfth streets in Brookland and running south along 
Twelfth street; thence by such line as may be authorized 
by the Commissioners of the District of Columbia to the 
intersection of Patterson avenue with the Fairview road; 
thence along the Fairview, Corcoran and Mt. Olivet roads 
to Twelfth street extended; thence along Twelfth street 
extended to the junction of Twelfth street east and Florida 
avenue. 

Also beginning at the junction of Frankfort and Twenty- 
fourth streets in Langdon; thence along Twenty-fourth 
street to Cincinnati street; thence along Cincinnati street 
to and across Chapel road to Lafayette avenue; thence 
along Lafayette avenue and in line to Capitol street, Ivy 

93 




Routes. 



Bladensburg 



I 



Brookland. 






I 



Langdon. 



94 



LAWS BELATING TO STBEET-RAILWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



95 



In Washington. 



I 






II 



City; thence along Capitol street to Mt. Olivet road- 
thence along Mt. Olivet road to Twelfth street extended ' 
Also from the intersection of Florida avenue with Twelfth 
street northeast, to H street northeast, on Twelfth street- 
thence west on H street over the tracL of thf^lumbk 
road to Seventh street east; thence south on SevenOi sSeet 
by single track to G street east; thence west on G street 
by single tra<=k to First street west; thence by a route to be 
kid down U the Commissioners of the District of a,ium! 
bia across New Jereey avenue to the tracks of the Capitol 

tr^t.^f fhf l^T*'' Washington Eailroad; thence onThe 
tracks of the last-named road on G street to Fourth street 

south on Fifth street west, in part over the tracks of the 
Metropolitan Kailroad, to Louisiana avenue; thence south 

^tll'''^/'^K''"^u''^*''''*=K°n Louisiana avenue to a S 
tobelocated by theCoramissionersof the Districtof cXm 
bia east of Seventh street west. Returning north-ea^teiTy 

?™.V^ T^^iS^^"*'^ ^ ^'^^^ «*••««* ^««t; thence over the 
^F^irth ? ^f 'oP^liten Railroad along Judiciary Square 
to Fourth street west; thence north on Fourth street west 
by singjle track to E street west; thence east on E street 
by single track to Eighth street e^t; thence north by sSe 

t™oLnf^!?''r /""l^* *\^ ^''^^t! thence east over tlie 
n?^^ of the Columbia railroad to Twelfth street; thence 
an^f on Twelfth street to Florida avenue: Provided, That 
all of the routes herein mentioned shall be subiect to fC 
™^.L^'b7Jl.r 3X1°* *''^Comn«issioners of the District of Smbiat 
mtaionei. and those portions of said road between the District line 
and Floncfa avenue shall be fully constructed before the 
cars of the said District of Columbia Suburban Raffroad 
shall be run over any part of the said route within the limfte 
of the city of Washington ; Whenever a permanent system 

iLZ^^ ff ^'S^T^^ ''•*." ^*^« been establishef and 
laid out m the suburban portion of the District contiguous 
to the route of this railroad, said company shall when 
required by the Commissioners of the DiW4 ™^uch 
changes to be made in the location of ite traSsTaW Com 
missioners shall require in order to make the routeof saTd 
road conform to such streets and highway system Wher 
country ™«i^ ever the route of this road coincidelwith thatof a country 
road the railway shall be constructed along and outsMe S 
such road Said company shall keep thesBace between its 
tracks, and two feet outside of its tmcks in such condUion 
as may be required by said Commissioners. *=^°'*"ion 
bEC. 2. That said company may run nublic onrrisKroo 
Mof^e^e. propeHed by cable electee, 'or ofher meTa^crrier- 
Provided; That if electric wires or cables be nspd ^^tw 
er^o'Sn'lTntSe Hmits of the city of Washing the wireslhllf be 
placed underground, and the power used shall be subiect 
to the approval of the said Commissioners; but nothW 
Ihi i' f t f ^'»". *11«^ the use of steam power or anrmotof 
which shall in Its operation cause any noise or other dis- 
turbance which in the judgment of ^said Commissioners 



Changes. 



der 
city. 



Crossing!. 



Terms of use. 



shall be inimical to the public safety or comfort: Provided 
fwrthei\ That for the purpose of making a continuous con- 
nection the said company shall have the right to cross all 
streets, avenues, and highways necessary for this purpose: 
^ Provided, That whenever the foregoing route or routes may 
coincide with the route or routes of any duly mcorporated^^^^^^c^**^^*^ 
street railway company in the District of Columbia the 
tracks shall be used by both companies, which are hereby 
authorized and empowered to use such tracks in common, 
upon such fair and equitable terms as may be agreed upon 
by said companies; and in the event the said companies 
fail to agree upon equitable terms, either of said companies 
may apply by petition to the supreme court of the District 
of (Jolumbia, which shall immediately provide for proper 
notice to and hearing of all parties interested, and shall 
have power to determine the terms and conditions upon 
which and the regulations under which the company hereby 
incorporated shall be entitled so to use and enjoy the track 
of such other street railway company, and the amount and 
manner of compensation to be paid therefor: Andprovided 
further. That neither of the companies using such tracks 
'in common shall be permitted to make the track so used m 
common the depot or general stopping place to await pas- 
sengers, but shall only be entitled to use the same for the 
ordinary passage of its cars, with the ordinary halts for tak- 
ing up and dropping off passengers: Provided, That this 
shall not apply to or interfere with any station already 
established on any existing lines; that said corporation is 
authorized and empowered to propel its cars over the line 
of any other road or roads, which may be in the alignment 
with and upon such streets as may be covered by the route 
or routes as prescribed in this act, in accordance with the 
conditions hereinbefore contained; and that this corpora- 
tion shall construct and repair such portions of its road as 
may be upon the line or routes of any other road thus used; 
and in case of any disagreement with any company whose 
line of road is thus used, such disagreement may be deter- 
mined summarily upon the application of either road to 
any court in said District having competent jurisdiction. 
Whenever more than one of the tracks of said railway 
shall be constructed on any of the public highways in the . 
District, the width of space between the tracks shall not 
exceed four feet, unless otherwise ordered by the Commis- 
sioners of the District of Columbia. 

Sec. 3. That said company shall receive a rate of fare 
not exceeding five cents per passenger for any distance on 
its route within the District of Columbia, and the said 
company may make arrangements with all existing railway 
companies in the District of Columbia for the interchange 
of tickets in payment of fare on its road: Provided, That 
within the District limits six tickets shall be sold for TicJcets. 

twenty -five cents. i /ij. 

Sec. 4. That said company shall, on or before the faf- 
teenth of January of each year, make a report to Congress, 



.1 



Repair. 



H 



Fare. 



Annual report. 



i 



Taxes. 



: 



, 



III 



96 LAWS BELATINa TO STBEET-BAILWAT FEANCHISE8. 

. through the Commissioners of the DistriVf nt o^i u- 

operate as a forfeitiirrn/ /m ' i? . ^^'^"';^. ^^^" ^^ '^^self 

to .be i>L,ic. oiTShSMi S^teErta;," « 

and property of soiH nr»rr.r!o ""'V'^f^^®? ana the franchise 

thereof, as now p.oS byTawtnhe safe o? ff,^'«*»«"«" 
erty for taxes; and said four per centum o? ?fl^®'" P^'^'P" 
mes sha I be in liennf „,i'^l*^"'-"'"<*^ its gross earn- 

taxes upon its proMrtvutdlnl'"; '^'^f"'^^^ ot personal 

go^"ma'terlt^?d^ra^SSatan ,'^ '■'''^'^''^ «* 
with the rails of the most aDor^vpdLff *^?'*^'^ °*''°«'' 

by the Commission's of tr''J^trDX'l;°.''-J'PP''"^«'* 
even surface with the pavement Se street 'an'd'^h?"" ''" 

be bound to keU 'aidfra^kT^'l'^^ hereb/created shall 
beyond the outer raHsWnV»^°'i the space of two feet 

the\^ks atln Sstrgood'oS^^^ 

nip-hways throup-h whiVh if rS. "^"er as the streets and 

of the siid Sis^Sners S^,*'"^^^'^* to the approval 
States or to the Set of ci umbia P""'" *" *'^' "^"''^^ 

Gradeof Street Sim Y TKof «^4.u* .'-'^ vy^umoia. 

■"^"^'---•trictof CokmMaat'afv'ti^^f 'f'-/^«'l.P'-«^«»* the Dis- 
the giJ^Z othervviseLn^^ •** its option, from altering 



Construction, 



Paving. 



LAWS BBLATINGh TO STREET-RAILWAY FRANCHISES. 



9T 



trenches and excavations in any of said streets, or places 
where said corporation may have the right to construct 
and operate its road, and place in such trenches and exca- 
vations all needful and convenient devices and machinery 
for operating said railroad in the manner and by the 
means aforesaid, subject to the approval of the said Com- 
missioners. But whenever such trenches or excavations 
shall interfere with any sewer, gas, or water pipes, or any 
subways or conduits, or any public work of the kind which 
has been ordered by the Commissioners, then the expense 
necessary to change such underground construction shall 
be borne by the said railway company: Provided^ That 
wherever the railroad shall be built along any road, the . space between 
space between the inner rail of said railroad and the road- ISadway. 
way shall be graded and put in good order for public use 
at the expense of the company and subject to the approval 
of the Commissioners of the District of Columbia : Pro- 
vided also, That the construction of said railroad on any water mains, 
street where there are or may be any mains, fixtures, or ®^- 
apparatus pertaining to the Washington Aqueduct shall 
be subject to such conditions as may be approved by the 
Secretary of War, which conditions must be obtained and 
be accepted in writing by said company before commencing 
any work on such street; and no steam cars, locomotives, 
or passenger or other cars for steam railroads shall ever be 
run on the tracks of said company over any such main, 
fixture, or apparatus. The said railroad shall be subject to 
the requirements of section fixteen of the act of Congress 
approved February twenty-eighth, eighteen hundred and 
ninety -one, entitled "An act to incorporate the Washing- 
ton and Arlington Railway Company of the District of 
Columbia." Tne said company shall, before commencing ^j^Deposit, for 
work on said railroad on sucn street, deposit with the Treas- 
urer of the United States to the credit of the Washington 
Aqueduct such sum as the Secretary of War may consider 
necessary to defray all the expenses that may incurred by 
the United States in connection with the inspection of the 
work of construction of said railroad on such street, and 
in making good any damages done by said company, or its 
works, or by any of its contracting agents, to any of said 
mains, fixtures, or apparatus, and in completing, as the Sec- 
retary of War may deem necessary, any of the work that 
the said company may neglect or refuse to complete and 
that the Secretary of War may consider necessary for the 
safety of said mains, fixtures, or apparatus, and the said 
company shall also deposit as aforesaid such further sums 
for said purposes at such times as the Secretary of War 
may consider necessary: Provided, That the said sum shall 
be disbursed like other moneys appropriated for the Wash- 
ington Aqueduct, and that whatever shall remain of said 
deposits at the end of one year after the completion of 
said railroad in such street shall be returned to said com- 
pany on the order of the Secretary of War, with an ac- 

16400—05 7 



\^ 





etc 



Speed. 



n 



' -'idf 



I 



I > 



98 LAWS RELATING TO STBEET-RATLWAY FBANOHISES. 

count of its disbursement in detail: And provided also. 
That disbursements of said deposits shall, except in cases 
of emergency, be madeonlv on the order of the Secretary 
of War. The exercise of the rights by this act gmnted are 
to terminate at the pleasure of the Secretary of War in case 
of persistent neglect by said company, or by its successors, 
to make the deposits, or to comply with any of the condi- 
tions, requirements, and regulations aforesaid. 
Enginehooaes. Sec. 9. That it shall also be lawful for said corporation, 
its successors or assigns, to erect and maintain, at such 
convenient and suitable points along its lines as may seem 
most desirable to the board of directors of the said corpo- 
ration and subject to the approval of the said Commission- 
ers, an engine house or houses, boiler house, and all other 
buildings necessary for the successful operation of a cable- 
motor, electric, pneumatic, or other railroad. 

Sec. 10. That it shall not be lawful for said corporation, 
its successors or assigns, to propel its cars over said rail- 
road, or any part thereof, at a rate of speed exceeding that 
which may be fixed from time to time by the said Commis- 
sioners, and for each violation of this provision said gran-, 
tees, their successors or assigns, as the case may be, shall 
be subject to a penalty of fifty dollars, to be recovered in 
any court of competent jurisdiction at the suit of the Com- 
missioners of the said District. 
a^diS^^pfeur S^^- 11. That the line of said railway company shall be 
commenced within six months and completed within two 
years from the passage of this act, otherwise this act shall 
be of no effect. 

Sec. 12. That said company is hereby authorized to issue 
its capital stock to an amount not to exceed two hundred 
and fifty thousand dollars in shares of one hundred dollars 
each. Said company shall require the subscribers to the 
capital stock to pay in cash to the treasurer appointed by 
the corporators the amounts severally subscribed by them 
as follows, namely: Ten per centum at the time of sub- 
scribing and the balance of such subscription to be paid 
at such times and in such amounts as the board of direct- 
ors may require; excepting that fifty per centum shall be 
Eaid in within twelve months, and no subscription shall 
e deemed valid unless the ten per centum thereof shall be 
paid at the time of subscribing as hereinbefore provided; 
and if any stockholder shall refuse or neglect to pay any 
installment as aforesaid, or as required by the resolution 
of the board of directors, after reasonable notice of the 
same, the said board of directors may sell at public auction, 
to the highest bidder, so many shares of his stock as shall 
pay said instalments, and the person who offers to purchase 
the least number of shares for the assessment due shall be 
taken to be the highest bidder, and such sale shall be con- 
ducted under such genei-al regulations as may be adopted 
in the by-laws of said company; but no stock shall be sold 
for less than the total assessments due and payable or said 



Capital stock. 



LAWS EELATING TO STEEET-RAILWAY FBAN0HI8ES 



99 



corporation may sue and collect the same from any delin- 
quent subscriber in any court of competent jurisdiction. 

Sec. 13. That within thirty days after the passage of 
this act the corporators named in the first section, their 
associates, successors, or assigns, or a majority of them, 
or, if any refuse or neglect to act, then a majority of the 
remainder, shall meet at some convenient and accessible 
place in the District of Columbia for the organization of 
said company and for the receiving subscriptions to the 
capital stock of the company: Provided^ That every sub- 
scriber shall pay at the time of subscribing ten per centum 
of the amount by him subscribed to the treasurer appointed 
by the corporators, or his subscription shall be null and 
void: Provided further^ That nothing shall be received in 
payment of the ten per centum at the time of subscribing 
except lawful money or certified checks from any estab- 
lished national bank. And when the books of subscrip- 
tion to the capital stock of said company shall be closed 
the corporators named in the first section, their associates, 
successors, or assigns, or a majority of them, and in case 
any of them refuse or neglect to act, then a majority of the 
remainder shall, within twenty days thereafter, call the 
first meeting of the stockholders of said company to meet 
within ten days thereafter for the choice of directors, of 
which public notice shall be given for five days in two 
daily newspapers published in the city of Washington, 
and by written personal notice to be mailed to the ad- 
dress of each stockholder by the clerk of the corporation; 
and in all meetings of the stockholders each share shall 
entitle the holder to one vote, to be given in person or by 
proxy : Provided^ That it shall be unlawful for the company 
hereby incorporated to consolidate with any other railroad 
company now in existence, or which may hereafter be char- 
tered, and any such consolidation shall of itself operate as 
a forfeiture of this charter. Nor shall the charter or fran- 
chise herein granted be sold or transferred to any company 
or person until the road shall have been fully constructed. 

Sec. 14. That the said company shall place first-class 
cars on said railways, with all the modern improvements 
for the convenience and comfort of passengers, and shall 
run cars thereon as often as the public convenience may 
require; the time table or schedule of time to be approved 
by the said Commissioners of the District of Columbia. 

Sec. 16. That the company may buy, lease, or construct 
such passenger rooms, ticket offices, workshops, depots, 
lands, and buildings as may be necessary, at such points 
on its line as may be approved by the saia Commissioners. 

Sec. 16. That all articles of value that may be inadvert- 
ently left in any of the cars or other vehicles of the said 
company shall be taken to its principal depot and entered 
in a book of record of unclaimed goods, which book shall 
be open to the inspection of the public at all reasonable 
hours of business. 



Meetings to re- 
ceive subscrip- 
tions. 



Ten per cent 
shall be paid at 
time of subscrib- 
ing. 

First meeting 
of stockholders. 



Consolidation 
with other roads 
forbidden. 



Sale. 



i 



Cars. 



T 



Schedule. 



Passenger 
rooms, etc. 



Articles left in 
cars. 



ii 



■) 



' I 



100 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



Board of direct 

OTS. 



Officen. 



Vacancies. 



By-laws. 



m 



Annual 
ing. 



Report 



meet 



Obstruction of 
roadway. 



M 



■ 



Crossihgs. 



Sec. 17. That the government and direction of affairs of 
the company shall be vested in a board of directors, nine 
m number, who shall be stockholders of record, and who 
shall hold their office for one year, and until others are 
duly elected and qualified to take their places as directors- 
and the said directors (a majority of whom shall be a quo- 
rum) shall elect one of their number to be president of the 
board, who shall also be president of the company, and 
they shall also choose a vice-president, a secretary, and 
treasurer, who shall give bond with surety to said company 
in such sum as the said directors mav require for the faith- 
ful discharge of his trust. In the case of a vacancy in the 
board of directors by the death, resignation, or otherwise, 
of any director, the vacancy occasioned thereby shall be 
hlled by the remaining directors. 

Sec. 18. That the directors shall have the power to make 
and prescribe such by-laws, rules, and regulations as they 
shall deem needful and proper touching the disposition 
and management of the stock, property, estate, and effects 
of the company, not contrary to the charter or to the laws 
of the United States and the ordinances of the District of 
Columbia. 

Sec. 19. That there shall be at least an annual meeting 
of the stockholders for choice of directors, to be holden at 
such time and place, under such conditions, and upon such 
notice as the said company in their by-laws may prescribe; 
and said directors shall annually make a report in writing 
of their doings to the stockholders. 

Sec. 20. That the said company shall have at all times 
the free and uninterrupted use of its roadway, and if any 
person or persons shall willfully, mischievously and unnec- 
essarily obstruct or impede the passage of cars of said rail- 
way company with a vehicle or vehicles, or otherwise, or 
m any manner molest or interfere with passengers or oper- 
atives while in transit, or destroy or injure the cars of said 
railway or depots, stations, or other property belonging to 
said railway company, the person or persons so offending 
shall forfeit and pay for each such offense not less than 
twenty-five nor more than one hundred dollars to said com- 

giny, to be recovered as other fines and penalties in said 
istrict, and shall remain liable, in addition to said pen- 
alty, for any loss or damage occasioned by his or her or 
their act as aforesaid; but no suit shall be brought unless 
commenced within sixty days after such offense shall have 
been committed. 

Sec. 21 That the said District of Columbia Suburban 
Kail way Company shall have the right of way across such 
other railways as are now in operation within the limits of 
the lines granted by this act, and is hereby authorized to 
construct its said road across such other railways in a 
manner to be approved by the Commissioners of the Dis- 
trict: Provided, That it shall not interrupt the travel of 
such other railways in such construction. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 101 

Sec. 22. That no person shall be prohibited the right to f^^^^^^^^^n 
travel on any part of said road or ejected from the cars by 
the company's employees for any other cause than that of 
being drunk, disorderly, unclean, or contagiously diseased, 
or refusing to pay the legal fare exacted, or to comply with 
the lawful general regulations of the compan3^ 

Sec. 23. That this act may at any time be altered, ^^"^endment. 
amended, or repealed by the Congress of the United States. 

Sec. 24. That in the event thatthe company should not be Landrequired. 
able to come to an agreement with the owner or owners of 
any land through which the said road may be located to 
pass, proceedings for the condemnation for the use of the 
company of so much of said land as may be required, not 
exceeding one hundred feet in width, may be instituted in 
the usual way in the supreme court of the District of Colum- 
bia, under such rules and regulations as said court may 
prescribe for such purposes. 

Approved, July 5, 1892. 



EAST WASHINGTON HEIGHTS TRACTION BAILEOAB June is. im. 

COMPANY. 

AN ACT To incorporate the East Washington Heights Traction Rail- 
road Company in the District of Columbia. 

Be it enacted hy the Senate and House of Representatives corporators. 
of the United States of America in Congress asse^nbled', That 
James G. Berret, Archibald M. Bliss, George S. Boutwell, 
WilHam Corcoran Hill, Brainard H. Warner, John A. 
Baker, Samuel Cross, T. E. Roessle, William H. Rapley, 
John T. Devine, Chester A. Snow, Charles T. Havenner, 
Charles A. Barker, Henry P. Blair, Charles L. Du Bois, 
W. N.Morrison, Appleton P. Clark, junior, Henry Brock, 
C. C. Lancaster, George H. Judd, D. C. Fountain, Thomas 
E. Young, Phillips Clark, Thomas J. Brown, R. F. Brad- 
bury, Henry Nay lor, all of Washington, District of Colum- 
bia; Albert W. Fletcher, Chauncey Marshall, William B. 
Duncan, junior, Edward C. Potter, Jacob J. Leeds, Edward 
H. Claris, J. P. Livingston, of New York City; ErwinC. 
Carpenter, James S. Dyett, of Rome, New York; Arthur 
Mahoney, of Brooklyn, New York; Philemon L. Hoadley, 
of Newark, New Jersey, and their associates and assigns, 
be, and they are hereby, created a body corporate under 
the name of the East Washington Heights Traction Rail- 
road Company of the District of Columbia, 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 within the United 
States, and may make and have a common seal; and said 
corporation is hereby authorized to construct and lay down 
a single or double track street railway, with the necessary 
switches, turn-outs, and other mechanical devices, in the Dis- 
trict of Columbia, through and along the following routes: 



it 



l^i 



f 



l# 



. 1 



102 LAWS RELATING TO 8TBEET-BAILWAY FRANCHISES. 



Boute. 







I 



II 



Beginning at the circle at the western approach to the 
Pennsylvania Avenue Bridge, at a point to be fixed by the 
Commissioners of the Districtof Columbia: Provided, That 
this terminus be constructed in accordance with plans to be 
approved by the Commissioners of the District of Colum- 
bia, with a loop or passenger station, or both, as may be 
considered by them necessary for the interests and con- 
venience of the public; thence across the Anacostia or East- 
ESif^B.SJch'f'? ^/"^Ift «f the Potomac River, on a bridge or trestle 
to be built by the said company in accordance with plans to 
be approved by the Secretary of War; thence along Penn- 
svlvania avenue extended to Branch avenue; thence along 
Branch avenue to the Bowen road or Albany street; thence 
along the Bowen road or Albany street to the settlement 
known as Good Hope; also from the intersection of Branch 
avenue and the Bowen road to the District line, by a route 
to be approved by the Commissioners of the District of 
Columbia; also from the intersection of Minnesota avenue 
with Pennsylvania avenue extended along Minnesota ave- 
nue to Harrison street; also from the intersection of Penn- 
sylvania avenue extended and Twenty-eighth street north- 
ward to the Anacostia road; thence along said Anacostia 
road to a point to be fixed bv the Commissioners of the 
District of Columbia opposite the settlement known as East 
Washington Park. 

Qaxm^%^^^ 1 ^^^' ^* That when the route described coincides with 
that of a country road of less width than sixty-six feet the 
railway shall be constructed entirely outside the road: Pro- 
mded. That if at any time in the future any part of the 
right of way of the company shall be included within the 
lines of public highways, such part of said right of way 
shall be dedicated to the public without expense to the 
District of Columbia. 

Sec. 3. That the said railway shall be constructed in a 
substantial and durable manner, and all rails, electrical 
and mechanical appliances, conduits, stations, and so forth 
shall be approved by the Commissioners of the District of 
Columbia. 

cemtotoa^ks?*' ,^^^' ^' '^h^*' *h® said corporation shall at all times keep 
the space between its tracks and rails and two feet exterior 
thereto in such condition as the Commissioners of the Dis- 
trict of Columbia or their successors may direct; and when- 
ever any street occupied by said railway is paved or repaired 
or otherwise improved the said corporation shall bear 
all the expense of improving the spaces above described, 
bhould the corporation fail to comply with the orders of 
the Commissioners the work shall be done by the proper 
officials of the District of Columbia and the amounts due 
from said corporation shall be collected as provided by sec- 
tion five of the Act entitled "An Act providing a per- 
manent form of government for the District of Columbia " 
approved June eleventh, eighteen hundred and seventy- 



Dedication. 

Appliances. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 103 



Sec. 5. That nothing in this Act shall prevent the Dis- 
trict of Columbia at any time, at its option, from altering 
the grade of any avenue, street, or highway occupied by 
said railway or from altering and improving streets, ave- 
nues, and highways and the sewerage thereof. In such 
event it shall be the duty of said company at once to change 
its said railway and the pavement so as to conform to such 
grades and improvements as may have been established. 

Sec. 6. That it shall be lawful for said railway company, 
its successors or assigns, having first obtained the permis- 
sion of the District Commissioners therefor, to naake all 
needful and convenient trenches and excavations in any of 
said streets or places where said railway companv may 
have the right to construct and operate its road, and place 
in such trenches and excavations all needful and convenient 
devices and machinery for operating said railroad in the 
same manner and by the means herein provided, but shall 
forthwith restore the street to like good condition as it 
was before. But whenever such trenches or excavations 
shall interfere with any sewer, gas, or water pipes, or any 
subways or conduits, or any public work of the kind, then 
the expense necessary to change such underground con- 
structions shall be borne by the said railway company. 

Sec. 7. That it shall also be lawful for said corporation, 
its successors or assigns, to erect and maintain, on private 
grounds, at such convenient and suitable points along its 
fines as may seem most desirable to the board of directors 
of the said corporation, and subject to the approval of the 
said Commissioners, an engine house or houses, boiler 
house, and all other buildings necessary for the successful 
operation of the said railroad. 

Sec. 8. That the line of the said railroad shall be com- 
menced within one year and completed within two years 
from date of the passage of this Act; and in default of such 
commencement or completion within the time in this sec- 
tion specified, all rights, franchises, and privileges granted 
bv thisActshall immediately cease anddeter^line;P/'(w^<^<?, 
Tliat failure to commence to construct or to complete either 
of the said portions of the routes as provided for in sec- 
tion one of this Act shall operate to repeal the authority 
to build said portion or portions, and shall not repeal the 
charter of said company : Provided^ however^ That the said 
railroad shall be commenced and completed within the time 
aforesaid from the circle at the western approach to the 
Pennsylvania Avenue Bridge to the District line as here- 
inbefore provided. 

Sec. 9. That the said company may run its cars by the 
overhead-trolley electric system, or such other electric or 
mechanical system as the Commissioners of the District of 
Columbia may approve. Steam power shall not be used: 
Provided, That if electric power by trolley be used a return 
wire similar in capacity and insulation to the feed wire 
shall be provided, and each car shall be provided with a 



Change 
grades. 



of 



Excavations. 



Underground 
work. 



Engine houses, 
etc. 



I 



Time of com- 
pletion. 



Failure. 



Overhead-trol- 
ley. 



No 
power. 



steam 



11 






104 LAWS BELATISG TO STEEET-BAILWAY PEANCmSES. 

double trolley, and no pole of any dynamo furnishing power 
to the railway shall be connected with the earth: Aamded 
/uriAer, That for the purpose of making a continuous con- 
nection over the route hereinbefore described the said 
company shall have the right to cross all streets, avenues, 
coinciding*^„^jg5'^*y«, /•»«* may be along the designated route: 
rcmtM. ±^omded further. That whenever the foregoing route or 

routes may coincide with the route or routes of anv dulv 
incorporated street railway company in the District of Co- 
lumbia the tracks shall be used by both companies, which 
are hereby authorized and empowered to use such tracks 
in common, upon such fair and equitable terms as mav be 
agreed upon by said companies; and in the event the said 
companies fail to agree upon equitable terms, ei her of said 
companies may apply by petition to the supreme court; of 
the District of Columbia, which shall immeSiatelv provide 
for proper notice to and hearing of all parties interested, 
and shall have power to determine the terms and condi- 
tions upon which, and the regulations under which, the 
company hereby incorporated shall be entitled so to use 
and enjoy the track of such other street railway companv 
and the amount and manner of compensation to be paid 
t\i^v^iov: And prmiidM fuHher, That neither of the com- 
panies using such track in common shall be permitted to 
make the track so used in common the depot or general 
stopping place to await passengers, but shall only be enti- 
«ed to use the same for the ordinary passage of its cars, 
with the ordinary halts for taking up and dropping off 
passengers: Promded further. That this shall not appiv to 
or interfere with any station already established on anv 
existing lines. That said corporation is authorized and 
empowered to propel its cars over the lines of any other 
road or roads whict may be in alignment with, and upon 

prescribe m this Act, in accordance with the conditions 
hereinbefore contained; and that this corporation shall 
construct and repair such portions of its road as may be 
upon the line or routes of any other road thus used; and in 
case of any disagreement with any company whose line of 
road IS thus used such disagreement may be summarily 
determined upon the application of either road to any court 
p.^enger""!*'*^ District having competent jurisdiction. 



housea 



Can. 



Sec. 10. That the saldcompny shall furnish and main- 

f^^J^lF'' ''°"^^' Pro^'dedwith such conveniences 
for the public as required by the Commissioners of the Dis- 
trict of Columbia and shall use first-class cars on said rail- 
way with all modern improvements for the convenience, 
X Vk ur^*^ °' passengers, and shall run cars as 
often as the public convenience may require, in accordance 
with a time-table, to be sub ect to tfie approval of the 
^ ,_ Commissioners of the District of Columbia 
to regulate, ''fV* ^^* ^"a* •'''^ Commissioners of the District of fV>- 
■peed. e!o. lumbia may make such regulations as to the »peed, mode 
of use of tracks, and the removal of ice and snow as in 



Time-table. 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 106 



their judgment the interest and the convenience of the pub- 
lic may require. Should the servants or the agents of said 
company willfully or negligentlv violate such an ordinance 
or regulation, said company shall be liable to the District of 
Columbia for a penalty not exceeding five hundred dollars. 

Sec. 12. That within thirty days after the passage of 
this Act the corporators named in the first section, their 
associates, successors, or assigns, or a majority of them, 
or, if any refuse or neglect to act, then a majority of the 
remainder, shall meet at some convenient and accessible 
place in the District of Columbia for the organization of 
said company and for the receiving of subscnptions to the 
capital stock of the company: Provided^ That every sub- 
scriber shall pay at the time of subscribing ten per centum 
in cash of the amount by him subscribed to the treasurer 
appointed by the corporation, or his subscription shall be 
null and void: Provided further^ That nothing shall be re- 
ceived in payment of the ten per centum at the time of 
subscribing except lawful monej^ or certified checks from 
any established national bank. And when the books of 
the subscription to the capital stock of said company shall 
be closed the corporators named in the first section, their 
associates, successors, or assigns, or a majority of them, 
and in case any of them refuse or neglect to act, then a 
majority of the remainder, shall, within twenty days after, 
call the first meeting of the stockholders of the said com- 
pany to meet within ten days thereafter for the choice of 
directors, of which public notice shall be given for ^yq 
days in two daily newspapers published in the city of Wash- 
ington, and by written personal notice to be mailed to the 
address of each stockholder by the clerk of the corpora- 
tion; and in all meetings of the stockholders each share 
shall entitle the holder to one vote, to be given in person 
or by proxy. 

Sec. 13. That the government and direction of affairs of 
the company shall be vested in a board of directors, nine 
in number, who shall be stockholders of record, and who 
shall hold their office for one year, and until others are 
duly elected and qualified to take their places as directors; 
and the said directors, a majority of whom shall be a quo- 
rum, shall elect one of their number to be president of the 
board, who shall also be president of the company, and 
they shall also choose a vice-president, a secretary, and a 
treasurer, who shall give bond with surety to said company, 
in such sums as the said directors may require, for the 
faithful discharge of his trust. In the case of a vacancy 
in the board of directors by the death, resignation, or 
otherwise of any director the vacancy occasioned thereby 
shall be tilled by the remaining directors. 

Sec. 14. That the dii-ectors shall have the power to make 
and prescribe such by-laws, rules, and regulations as they 
shall deem needful and proper touching the disposition 
and management of the stock, property, estate, and effects 
of the company not contrary to the charter or to the 



Penalty. 



Oiganization. 



\% 



Directors. 



Officers. 



By-laws. 



I'M 



iW 



i i 



106 LAWS RELATING TO STREET-RAILWAY FEANCHISES. 



: -If 

I § 



Annual 
ing. 



meet 



Capital stock 



Bonds. 



Lost articles. 



Franchise tax. 



Real estate. 



laws of the United States and the ordinances of the District 
of Columbia. 

Sec. 15. That there shall be at least an annual meeting 
of the stockholders for choice of directors, to beholden at 
such tune m the District of Columbia, under such condi- 
tions, and upon such notice as the said company in their 
by-laws may prescribe; and said directors shall annually 
make a report in writing of theirdoings to the stockholders. 
Sec. 16. That said company is hereby authorized to 
issue its capital stock to an amount not to exceed the esti- 
mated cost of the construction and equipment of the road 
in shares of fifty dollars each, and to issue bonds not to 
exceed the cost of construction of the road, but such 
stock and bonds shall not exceed in the aggregate more 
than the actual cost of the right of way, construction 
and equipment of said road. Said company shall re- 
quire the subscribers to the capital stock to pay in 
cash to the treasurer appointed by the corporators the 
amounts severally subscribed by them, as follows, namely: 
Ten per centum at the time of subscribing and the balance 
of such subscription to be paid at such times and in such 
amounts as the board of directors may require; and no sub- 
scription shall be deemed valid unless the ten per centum 
thereof shall be paid at the time of subscribing, as here- 
inbefore provided; and if any stockholder shall refuse or 
neglect to pay any installment as aforesaid, or as required 
by the resolution of the board of directors, after reason- 
able notice of the same, the said board of directors may 
sell at public auction, to the highest bidder, so many 
shares of his stock as shall pay said installments, and the 
person who offers to purchase the least number of shares 
u?L assessment due shall be taken to be the highest 
bidder, and such sale shall be conducted under such general 
regulations as may be adopted in the by-laws of the said 
company; but no stock shall be sold for less than the total 
assessments due and payable, or said corporation may sue 
and collect the same from any delinquent subscriber in any 
court of competent jurisdiction: Provided, That no certi- 
ficates of stock shall be issued until the same has been paid 
for in money at its face value. 

Sec. 17. That all articles of value that may be inadver- 
tently left in any of the cars or other vehicles of the said 
company shall be taken to its principal depot and entered 
in a book of record of unclaimed goods, which book shall 
be open to the inspection of the public at all reasonable 
hours of business. 

Sec. 18. That the East Washington Heights Traction 
Company shall annually pay to the District of Columbia a 
franchise tax of five-eighths of one per centum of the 
entire gross earnings of such company, and a personal tax 
of two per centum per annum on the entire gross earnings 
of said company. There shall also be levied and collected 
upon all of the real estate of said company a tax in the 
same manner and to the same extent as upon all other real 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 107 

estate in the District of Columbia; said taxes shall be due 
and payable, subject to the same penalties on arrears, and 
collectible in the same manner as other taxes in the Dis- 
trict of Columbia. 

Sec. 19. That said company shall receive a rate of fare ^are. 
not exceeding five cents per passenger; but six tickets 
shall be sold for twenty-five cents: Provided^ That the 
said company and the Capital Traction Company are 
hereby required to issue free transfers, whereby a passen- Free transfers, 
ger on the said East Washington Heights Traction Com- 
pany shall be entitled to a continuous ride over the line of 
the other company, or vice versa. 

Sec. 20. That the said company shall have at all times ^J^^^use of 
the free and uninterrupted use of the roadway, subject to 
the rights of the public, and if any person or persons shall 
willfully, mischievously, and unlawfully obstruct or im- 
pede the passage of cars of said railway company with a 
vehicle or vehicles, or otherwise, or in any manner molest 
or interfere with passengers or operatives while in transit, 
or destroy or injure the cars of said railway, or depots, 
stations, or other property belonging to the said railway 
company, the person or persons so offending shall forfeit 
and pay for each such offense not less than twenty-five nor 
more than one hundred dollars, to be recovered as other 
fines and penalties in said District, and shall remain liable, 
in addition to said penalty, for any loss or damage occa- 
sioned by his or her or their act as aforesaid; but no suit 
shall be brought unless commenced within sixty days after 
such offense shall have been committed. 

Sec. 21. That the East Washington Heights Traction ^^^ghtof^way 
Company shall have the right of way across such other lines, 
railways as are now in operation within the limits of the 
lines granted by this Act, and is hereby authorized to con- 
struct its said road across such other railways: Provided^ 
That it shall not interrupt the travel of such other rail- 
ways in such construction. 

Sec. 22. That no person shall be prohibited the right to^^ection from 
travel on any part of said road, or be ejected from the cars 
by the company's employees, for any other cause than that 
of being drunk, disorderly, or contagiously diseased, or 
refusing to pay the legal fare exacted, or to comply with 
the lawful general regulations of the company. 

Sec. 23. That in the event the company should not be Right of way. 
able to come to an agreement with the owner or owners 
of any land through which the said road mav be located or 
pass, or which may be needed for terminal facilities and 
passenger stations, proceedings for the condemnation for^j^^"^®™***- 
the use of the company of so much of said land as may be 
required, not exceeding twenty feet in width for a right 
of way, and such tracts as may be necessary for terminal 
facilities and passenger stations, may be instituted in the 
usual way in tne supreme court of the District of Colum- 
bia, under such rules and regulations as said court may 






III 




ti 



111 



li. 



I J' 



108 



i f 



Plans. 



Successors. 



Deposit to 
guarantee con- 
struction. 



Penalty clause 



Forfeiture 
charter. 



LAWS RELATING TO 8TREET-BAILWAY FRANCHISES. 

prescribe for such purposes: Provided, That any property 
owner shall have the right of trial by jury in such issue. 

Sec. 24. That all plans of location and construction of 
tracks and other structures in public places pertaining to 
said railway shall be subject to the approval of the Com- 
missioners of the District of Columbia, and all work thereof 
shall at all times be subject to their supervision. The said 
company shall, from time to time, deposit with the col- 
lector of taxes of the District of Columbia such amounts 
as may be deemed necessary by said Commissioners to 
cover the costs of inspection, supervision, changes to water 
pipes and sewer connections, changes of curb and pave- 
ment, and work not otherwise provided for, which may be 
made necessary by the location or grade of said railway. 
Any unexpended balance remaining after the construction 
of said road shall be returned to said company with an 
account in full of the disbursement of such deposits. 

Sec. 25. That all the conditions, requirements, and 
obligations imposed by the terms of this Act upon the 
East Washington Heights Traction Company shall be com- 
plied with by any and all the successors to and assigns of 
said company. 

Sec. 26. That within sixty days from the approval of 
this Act the company shall deposit one thousand dollars 
with the collector of taxes of the District of Columbia to 
guarantee the construction of its railway within the pre- 
scribed time. If this sum is not so deposited this charter 
shall be void. If the sum is so deposited and the road is 
not in operation as herein prescribed, said one thousand 
dollars shall be forfeited to the District of Columbia and 
this charter shall be void. 

Sec. 27. That failure or neglect to comply with any of 
the provisions of this Act, except as hereinbefore provided 
for, shall render the said corporation liable to a fine of 
twenty -five dollars for each and every dav during which 
such failure or neglect shall continue, which penalty may 
be recovered in the name of the District of Columbia by 
the Commissioners of the said District in any court of 
of competent jurisdiction: Provided, hmvever, That unless 
the line of the said railway shall be completed, with cars 
running regularly thereon for the accommodation of pas- 
sengers, within two years from the date of the passage of 
this Act, this charter shall be null and void. 

Sec. 28. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, June 18, 1898. 



April 30, 1900. ^^ ^Qrp T^j amend the charter of the East Washington Heights Trac- 
tion Railroad Company. 

Be it enacted hy the Senate and House of Representatives 
ofths United States of Am^frica in Congress assembled. That 
the charter of the East Washington Heights Traction Rail- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



road Company, of the District of Columbia, be, and the 
same is hereby, amended so as to authorize and permit the 
said company to lay down its tracks and operate its cars 
from its present authorized terminus at the western ap- 
proach to the Pennsylvania Avenue Bridge, as provided 
in section one of the Act of incorporation; thence north 
on Seventeenth street east to East Capitol street; thence 
west on East Capitol street to Fifteenth street east, con- 
necting with the Metropolitan Railway; also from the 
intersection of Minnesota avenue and Harrison street 
thence westerly on Harrison street to Pierce street; thence 
southerly on Pierce street to Jackson street; thence west- 
erly along Jackson street to Monroe street; also north- 
ward on Minnesota avenue as laid down on the highway- 
extension plans, to connect with the Columbia Railway at 
Benning, over a route and at a point acceptable to and ap- 
proved by the Commissioners of the District of Columbia. 

Sec. 2. That the time within which the East Washington 
Heights Traction Railroad Company is required to com- 
plete and put in operation its railway be, and the same is 
hereby, extended for the term of two years from the eight- 
eenth day of June, nineteen hundred: Provided^ That if 
within two years from the date of the passage of this Act 
the Washington and Marlboro Railroad Company shall 
build its lines into and within the District of Columbia, 
then said company shall have the right to use such of the 
routes in this Act provided for as may coincide with the 
route provided for m the charter of the said Washington 
and Marlboro Railroad Company. 

Sec. 3. That Congress reserves the right to alter, amend, 
or repeal this Act. 

Approved, April 30, 1900. 



109 



Routes extend- 
ed into city. 



To connect 
with Metropoli- 
tan Railway. 



To connect 
with Columbia 
Railway at Ben- 
ning. 



Time extended. 

Washington 
and Marlboro. 



mk 



AN ACT To extend the time for the construction of the East Wash- July 1.1902. 
ington Heights Traction Railroad Company. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled. That Time extended, 
the time within which the East Washington Heights Trac- 
tion Railroad Company is required to complete and put in 
operation its railwav be, and the same is hereby, extended 
for the term of twelve months from the eighteenth day of 
June, nineteen hundred and two: Provided, That the said ^^JJ^^^^^en 
railroad company is authorized and empowered to extend vania Avenue 
its lines by single track across the Pennsylvania avenue ^^^®- 
bridge to connect with the eastern terminus of the Capital 
Traction Company, under such conditions as the Commis- 
sioners of the District of Columbia may prescribe, the 
plans and specifications to be approved by and the con- 
struction to be under the supervision of the Commissioners ^^ ^^^ ^^^ 
of the District of Columbia, and the said railway company half cost of main- 
shall bear one-half of the cost of maintenance and repair {Sr.°^^ ^^ ^ 



) \\ 



ifi 






110 




LAWS BELATING TO STBEET-RAILWAT FRANCHISES. 

pf said bridge in like manner and under the same condi- 
tions as are now provided by law as to bridges across Rock 
Creek occupied by the tracks of street railways. 

or re^i m^'A^"^'''' ''''''^ *^ "^^* *° ^^'^'' ^^-'^^ 
Approved, July 1, 1902. 



ed 



I: 



^^""■'"^ AN ACT To extend the time for «,mpletion of the East Washmgton 

Heights Traction Railroad Company. '"^""» 

«/-Mtfew i*? <A* &wafe and Home of Represmtativea 
Time „.». %i'f.^''^*fi?^*f^.'>f^^'^cainCongre8saM^hled, That 
Time extend- the time Within which the East Washington Heights Trac- 

^1°.^ *?f^ Company is required to complete and put in 
Zf^i'? '^ i^ilway be, and the same hereby is, extended 
i«i«e. Act- AW.^ eighteen months from the passage of this 
Act. riomded, That failure to complete any portion of 
the routes as provided in the charter of siid^ company 
within the tune herein limited shall opemte to repeaf thi 

c.nnect.n»"LTf *^***' ^f^^ ^"''^ P"""""" and" shall not re^al the 
coVpSS/^'iSf charter of said company; and that any connecting com- 
pany may lease or purchase the portion of said routes 
wbch IS completed withm the said eighteen months. 

or^rejeai thKt."^'"'''' "''"*' *'' "^'^^ "^ ''*^'' «"«°<J' 
Approved, April 26, 1904. 




u 



to 



ECKINGTON AND SOLDIERS' HOME RAILWAY COMPANY. 

AN ACT To incorporate the Eckington and Soldiers' Home Railway June 19, 1888. 
Company of the District of Columbia. stats. 25, p. 190. 

Be it enacted hy the Senate and House of Representatives 
of the United States of Americain Congress assembled. That g^EcWngton and 
Edward F. Beale, Edward C. Dean, A. L. Barbour, George Railway co., m- 
Truesdell, James L. Barbour, George E. Moore, Charles J^'eg^^^/ ® ^ 
C. Duncanson, Michael Connor, and Joseph Paul, of the 
District of Columbia, and their associates, successors, and 
assigns, be, and they are hereb}^ created a body corporate 
under the name of the Eckington and Soldier's Home Rail- 
way Company of the District of Columbia, with authority 
to construct and lay down a single or double-track railway, 
with the necessary switches, turn-outs, and other mechan- 
ical devices and sewer connections necessary to operate the 
same by horse, cable, or electric power, in the District of (amendldj^^®' 
Columbia through and along the following avenues, streets, 
and highways: Commencing on New York avenue at its Route (amend- 
intersection with Seventh street, northwest, thence east- ^ 
wardly along said avenue to its intersection with Third 
street, northeast, thence along Third street north to T 
street, thence east to fourth street with the privilege of 
extending the same northwardly along Fourth street to 
the Bunker Hill road within one year after said Fourth 
street shall have been opened and graded: Provided^ That 
in order to avoid crossing the Baltimore and Ohio Railroad, 
the District Commissioners may, if they deem it necessary, 
require said company to acquire by purchase the right of 
way along the west side of said railroad from New York 
avenue to Third street east; also a branch commencing at Branches, 
the intersection of New York avenue with First street, 
west; and thence north along First street, to the south line 
of the grounds of the Soldiers' Home; also with the priv- 
ilege of extending said main line along New York avenue 
to Ivy City, within one year after said avenue is opened 
and graded to Ivy City, with the right to run public car- 
riages thereon propelled by horse, electric, or cable power. 
Said company shall receive a rate of fare not exceeding Fare, 
five cents per passenger for any distance between the ter- 
mini of said main railway or between the termini of its 
branch railway, or between either terminus of said main 
railway and the terminus of said branch railway, but shall 
sell six tickets for twenty ^\^ cents. 

Sec. 2. That said railway company shall, on or before the Annual report 
fifteenth of January of each year, make a report to Con- 
gress of the names of all the stockholders therein and the 

111 



i\. 






if' 



\l\ 



J 



: 



:^ I 



V 



Taxes. 






i 

I 

r| 

K ■ 

; I 
i ^ 



I 



Tracka 






112 LAWS BELATING TO 8TREET-BAILWAY FEANCHI8ES. 

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 vear 
ending December the thirty-first, which report shall be veri- 
ned by aifadavit of the president and secretary of said com- 
pany and if said report is not made at the time specified, or 
within ten days thereafter, it shall be the duty of the Com- 
missioners to cause to be instituted judicial proceedings to 
forfeit this chai;ter; and said company shall pay to the Dis- 
trict of Columbia, m heu of personal taxes upon personal 
property, includmg cars and motive power, each year four 
per centum of its gross earnings, which amount shall be 
payable to the collector of taxes at the times and in the 
manner that other taxes are now due and payable, and sub- 
ject to the same penalties on arrears; and the franchise and 
property of said company, both real and personal, to a suffi- 
cient amount, may be seized and sold in satisfaction thereof 
as now provided by law for the sale of other property for 
taxes; and said per centum of its gross earnings shall be 
in lieu ot all other assessments of personal taxes upon its 
property, used solely and exclusively in the operation and 
management of said railway. Its real estate shall be taxed 
as other real estate m the District: Provided, That its 
tracks shall not be taxed as real estate. 

Sec. 3. That the said railway shall be laid in the center ' 
of the avenue and streets as near as may be, to be con- 
structed of good materials, and in a substantial and dum- 
ble manner, with the rails of the most approved pattern, 
all to be approved by the Commissioners of the District 
laid upon an even surface with the pavement of the street 
and in such manner as to interfere with the ordinary travel 
as little as practicable; and the gauge to correspond with 
tUat of other city railroads. 

Sec. 4. That the said corporation shall, at its own ex- 
pense, keep said tracks within the city limits, and for the 
space of two feet beyond the outer rails thereof, and also 
the sjace between the rails and tracks, at all times well 
paved and in good repair, to be approved bv the Commis- 
sioners of the District; and beyond the limits of said city 
shall keep its tracks, and for the space of two feet beyond 
the outer rails thereof, and also the space between the rails 
and tracks, well graded or paved, and in good repair, so as 
to impede the general travel as little as possible. 

J 1* ^^^ ^^'^'^^ ^^ ^ change of grade at any time of 
any of the streets, avenues, or roads occupied by the track 
of this corporation, it shall be the duty of said company, 
at Its own expense, to change its said railroad so as to con- 
form to such grade as may have been thus established. 

J5EC. 6. That It shall be lawful for said corporation, its 
successors or assigns, with the approval of the Commis- 
sioners of the District of Columbia, to make all needful and 
convenient trenches and excavations and sewer connections 
m any of said streets or places where said corporation may 
have the nght to construct and operate its road, and place 



Paving. 



Changes 
grade. 



of 



Construction. 



opCCQ. 



Commence- 
ment and com- 



LAWS RELATING TO STEEET-RAILWAY FBANCHISES. 118 

in such trenches and excavations all needful and convenient 
devices and machinery for operating said railroad in the 
manner and by the means aforesaid; and said sewer con- 
nections shall have such traps or other devices as may be 
required by the Commissioners of the District. It shall 
also be lawful for said corporation, its successors or assigns, 
to erect and maintain, at such convenient and suitable 
points along its lines as may seem most desirable to the 
board of directors of the said corporation, and subject to 
the approval of the Commissioners of the District, an 
engine-house or houses, boiler-house or houses, and all 
other buildings necessaiy for the successful operations of 
an electric or cable motor railroad. 

Sec. 7. That it shall not be lawful for said corporation, 
its successors or assigns, to propel its cars over said rail- 
road, or any part thereof, within the city limits, at a rate 
of speed exceeding ten miles per hour; and without the 
city limits, at a rate of speed exceeding fifteen miles per 
hour; and for each violation of this provision said grantees, 
their successors or assigns, as the case may be, shall be sub- 
ject to a penalty of fifty dollars, to be recovered in any 
court of competent jurisdiction at the suit of the Commis- 
sioners of the District of Columbia. 

Sec. 8. That the main line of said railway shall be com- _ _ ^ 
menced within three months, and completed within twelve pietion 
months from the passage of this act; and the branch of 
the same shall be completed within two years from the 
time First and Fourth streets and New York Avenue shall 
be respectively graded; and if the said work on the main 
line shall not be so commenced and completed, then the 
privileges and powers herein granted shall be void. 

Sec. 9. That the capital stock of said company shall not ^p*^ "^'^ 
exceed, if horse power is to be used for the main line, sixty 
thousand dollars, which may be increased when work is 
commenced on the First street branch forty -five thousand 
dollars, and on the Ivy City branch thirty-two thousand 
dollars, and on the Fourth street extension forty thousand 
dollars. If electric power is to be used, the capital 
stock for the main line shall not exceed one hundred and 
two thousand dollars, which may be increased when work 
is commenced on the First street branch eighty-four 
thousand dollars, and Ivy City branch sixty thousand dol- 
lars, and on the Fourth street extension seventy -five thou- 
sand dollars. If propelled by cable the capital stock 
for the main line shall not exceed two hundred and four 
thousand dollars, which may be increased when work is 
commenced on the First street branch one hundred and 
sixty-eight thousand dollars, and on the Ivy City branch 
one hundred and twenty thousand dollars; and on the 
Fourth street extension, one hundred and fifty thousand 
dollai-s; and that the stock shall be divided into shares of 
fifty dollars each, transferable in such manner as the by- 
laws of said company may direct, and said company shall 

16400—05 8 



^^•p! 



14 




. li 



ij- 



f , 

■ I 
t J 

" 



I 



'! 



Ij 



11 



-^■i 



* a: 



) 



114 LAWS BELATING TO 8TBEET-RAILWAT FRANCHISES. 

require the subscribers to the capitol stock to pay in cash 
the amount by them respectively subscribed, at such times 
(after the first installment) and in such amounts as the 
board of directors may deem proper and necessary in the 
construction of said road; and if any stockholder shall re- 
fuse or neglect to pay any installment, as required by a res- 
olution of the board of directors, after reasonable notice 
of the same, the said board of directors may sell at public 
auction, to the highest bidder, so many shares of his said 
stock as shall pay said installment (and the person who 
offers to purchase the least number of shares for the assess- 
ment due shall be taken as the highest bidder), and the 
sale shall be conducted under such general regulations as 
may be adopted in the by-laws of said company; but no 
stock shall be sold for less than the total assessments due 
and payable, or said corporation may sue and collect the 
same from any delinquent subscriber in any court of com- 
petent jurisdiction. 

^^^ 4^^^' ^^' "^^^^ *^® company shall place cars of best con- 

struction on said railways, with all modem improvements 
necessarv to the convenience and comfort of passengers 
and shall run cars thereon as often as the public conven- 
ience may require, in accordance with a time table or sched- 
ule adopted by the company, a copy of which shall be filed 
with the Commissioners of the District of Columbia, and 
to be approved by them. 

iD?i£i?5io^fete! ^^^' 1^- "That the company shall buy, lease, or construct 
such passenger-rooms, ticket-offices, work-shops, depots, 
lands, and buildings as they may deem necessary, at such 
points on Its line as may be approved by the Commissioners 
of the Distrist. 
Articles left in Sec. 12. That all artiples of value that may be inadvert- 
ently left m any of the cars or other vehicles of the said 
company shall be taken to its principal depot and entered 
m a book of record of unclaimed goods, which book shall 
be open to the inspection of the public, and if said prop- 
erty remain unclaimed for one year the company shall sell 
the same after ^ve days notice. 

Sec. 13. That within thirty days after the passage of 
this act the corporators named in the fii-st section, or a 
majonty of them, or if any refuse or neglect to act, then a 
ma]onty of the remainder, shall cause books of subscrip- 
^^^^ capital stock of said company to be opened 
and kept open, in some convenient and accessible place in 
the District of Columbia, from nine o'clock in the forenoon 
till live o clock m the afternoon, for a period to be fixed by 
said corporators, not less than five days (unless the whole 
stock shall be sooner subscribed for); and said corporators 
shall give public notice, by advertisement in at least two 
daily papers published in the city of Washington, of the 
time when and the place where said books shall be opened: 
and subscribers upon said books to the capital stock of the 
company shall be held to be the stockholders: Prwided, 



can. 



Organization. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



115 



That every subscriber shall pay, at the time of subscrib-^^^^jjpj5^°**» 
ing, ten per centum of the amount by him subscribed, to 
the treasurer appointed by the corporators, or his sub- 
scription shall be null and void: Provided further^ That 
nothing shall be received in payment of the ten per- 
centum, at the time of subscribing, except lawful money 
or certified checks from any national bank. And when the 
books of subscription to the capital stock of said company 
shall be closed, the corporators named in the first section, 
or a majority of them, and in case any of them refuse or 
neglect to act, then a majority of the remainder shall, 
within twenty days thereafter, call the first meeting of the 
stockholders of said company, to meet within ten days 
thereafter, for the choice of directors, of which public 
notice shall be given for five days in two public news- 
papers published daily in the city of Washington, or by 
written personal notice to each stockholder by the clerk 
of the corporation; and in all meetings of the stockholders 
each share shall entitle the holder to one vote, to be given 
in person or by proxy. 

Sec. 14. That the government and direction of the affairs Directors, 
of the company shall be vested in a board of nine directors 
who shall be stockholders of record, and who shall hold 
their office for one year, and until their successors are duly 
elected and qualified; and the said directors, a majority of 
whom shall be a quoraim, shall elect one of their number 
president of the board, who shall also be president of the 
company; and they shall also choose a vice-president, a 
secretary, and a treasurer, the latter of whom shall give 
bond, with good and sufficient surety to said company, in 
such sum as the said directors may require for the faithful 
discharge of his trust. In case of a vacancy in the board 
of directors by death, resignation, or otherwise, the vacancy 
so occasionea shall be filled by the remaining directors. 

Sec. 15. That the directors shall have the power to make By-laws, etc 
and prescribe such by-laws, rules, and regulations as they 
shalldeem needful and proper touching the disposition and 
management of the stock, property, estate, and effects of 
the company and the management of its business, not con- 
trary to the charter or to the laws of the United States 
and the ordinances of the District of Columbia. 

Sec. 16. That there shall be an annual meeting of the 
stockholders for choice of directors, to be holden at such 
time and place, under such conditions, and upon such notice 
as the said company in their by-laws may prescribe, and 
said directors shall annually make a report in writing of 
their doings to the stockholders. 

Sec. 17. That said company shall have at all times the 
free and uninterrupted use of its roadway; and if any per- ' ^^^' 
son or persons shall willfully, mischievously, and unnec- 
essarily obstruct or impede the passage of the cars of said 
railway with a vehicle or vehicles, or otherwise, or in any 
manner molest or interfere with passengers or operatives 



i^ 



; i 



m 



Annual 
ing. 



meet- 



Pree use of 



116 LAWS RELATING TO STEEET-KAILWAY FEANCHI8ES. 

. while in traosit, or destroy or injure the cars of said rail- 
way, or depots, or other property belonging to said rail- 
way the person or persons so offending shall forfeit and 
pay for each such offense not less than twenty-five nor more 
than one hundred dollars, to be recovered as other fines 
and penalties in said District, and shall also be liable to 
said company, m addition to said penaltv, for any loss or 
damage occasioned by his or her or their act as aforesaid, 
t n ftarred ^^'^'^g^* within sixty days the action 

^'"'^«^' Sec. 18. That the said Company shall have the riffht of 

way across such other railways as are now in operation 
withm the limits of the Imes granted by this act, and is 
hereby authorized to construct its said road across such 
other railways: Provided, That it shall not unnecessarily 
interrupt the travel of such other railways in such con- 
^ , ^ , struction. ^ ■ ^" 

Exclusion from o„„ -.^^ m, j. , , 

CMS. bEC. 19. That no person shall be prohibited the ri^ht to 

travel on any part of said road, or be ejected from the cars 
by the company s employees, for any other cause than that 
of being drunk, disorderly, unclean, or contagiously dis- 

t. ^^tiZ?Tx^ ^"^ P^? *^^ ^^^^^ fare.exacted, or to comply 
with the lawful regulations of the company. The corpom 
tors herein named, or the corporation fiereby created, shall 

Jl f' fV''?'''^]' ^"J^ ^^ ""Y "^^^« "^^^^^y conferred relat- 
ing to the line of said road until after the main road herebv 
authorized shall have been constructed as herein provided 

?^f f Ik°^i5 ^^^^"^ ^"^^'"^ obtained the written consent of 
the stockholders representing two-thirds in value of the 
capital stock. 

J"^^' ^?' J-^^*' Congress reserves the right to alter, amend, 
or repeal this act at any time. ' 

Approved, June 19, 1888. 



Assignmen 
etc. 



Amendment. 



I 



,"™"~ "■ '""'»•»«■•"'•*■*" olB, E,U.s,.. „d Soldi.* Horn. 

Biais.^,p.77. Kail way Company. 



^Jhaner ^"^''tj';^';^"^-"^"^*^^ Streets: Beginning at the intersection of 
^^Extension «^^f,7 Y^^;:^^^^""^ and F^ street northwest, south along 

wlf oi ^"?''^^'^^'* ^ ^ '^^^^* northwest, and thenci 
west along G street northwest to the east line of Fifteenth 
street northwest; and also beginning at the present ter 
minus of Its Cemetery Branch on the east sideTL°ncoTn 
arenue and thence northerly along Lincoln avenue to a 
point opposite the entrance to Glenwood Cemetery, and 
Norf hT"°IT at the intersection of New York avenue and 

S L^*^^ ^^""^^^i A^^°^^ °^^*^ ^^^"^ «aid street to the 
south boundaries of the grounds of thi Soldiers' Home* 



LAWS RELATING TO STEEET-BAILWAY FBANCH18ES. 117 



Provided, That if electric wires or cables are used to 
propel its cars over said streets from New York avenue 
and Fifth to Fifteenth street northwest, the same shall be 
placed underground: Atid provided further. That the said 
company shall not be permitted to stop its cars at its 
western terminus, or at any point within the city limits, for 
a longer time than is necessary to take on and let off its 
passengers. Said company shall charge not exceeding fiY^ 
cents fare for one continuous ride from any point on its line 
to the terminus of its main line or any of its branches. 
And said company is authorized to use overhead wires on 
its North Capitol Street Branch. 

Sec. 2. That so much of the original charter of the Eck- 
ington and Soldiers' Home Railway Company, granted 
by act approved June nineteenth, eighteen hundred and 
eighty-eight, as authorized the construction of a branch on 
First street west, from New York avenue to the south 
boundary of the Soldiers' Home be, and the same is hereby, 
repealed. 

Sec. 3. That said company is authorized to increase its 
capital stock one hundred and seventy-five thousand dol- 
lars for the purpose of enabling it to extend and equip its 
line as provided in this act. 

Sec. 4. That unless said extensions are commenced within 
three months and the cars run thereon within one year from 
the passage of this act the authority herein granted shall 
be void: Provided, That said company shall have one 3^ear 
to complete the North Capitol Street Branch after said 
street is opened and graded. 

Sec. 5. That Congress reserves the right to alter, amend 
or repeal this act. 

Sec. 6. That this act shall be considered as an amend- 
ment to the act of June nineteenth, eighteen hundred and 
eighty-eight, granting a charter to the Eckington and Sol- 
diers' Home Railroad, and shall be construed as being sub- 
ject to all limitations and conditions of said original act 
except as specifically provided otherwise herein. That the 
authority of said company by this act or any other act 
conferred to erect or use overhead wires in its operations 
within the cit}^ of Washington shall absolutel}^ cease and 
determine on the first day of July, anno Domini eighteen 
hundred and ninety-three. 

Approved, April 30, 1890. 



Pr<yvi808. 

Underground 
wires or cables. 



stoppages. 



Fare. 



North Capitol 
street route; 
overhead wires. 



First street 
route abolished. 



Capital stock 
increased. 



Commence- 
ment and com- 
pletion. 



Proviso. 

North Capitol 
street route. 



Amendment, 
etc. 

Judicial con- 
struction. 



Use of over- 
head wires to 
cease (time ex- 
tended 2 years) . 



AN ACT To amend the charter of the Rock Creek Railroad Company. April 30, 1892. 



Stats. 27, p. 23. 



Sec. 3. That the Rock Creek Railwav Companv and the Eckington and 
Eckington and Soldiers' Home Railway Company shall ly.^cr' """""^ 
have the power to make any contracts or agreements that tra?k"and S^wer 
may be necessary to enable the said companies to run the with Rock creek 
cars of each or either company over the tracks of the other ^'^^^^^ ^**- 



».iii 



,[ 



h 



118 LAWS RELATING TO 8TREET-BAILWAY FEAN0HISE8. 

company, and also to contract for and use the power of 
each or either company to propel the cars of the other com- 
pany. 

* ♦ ♦ ♦ ♦ 

Approved, April 30, 1892. 



July 5, 1892. 
Stats. 27, p. 66. 



; 



\ 



< HI 




AN ACT To amend the charter of the Eckington and 'Soldiers' Home 

Kailroad Company. 

Be it enacted hy the Senate and House of Representatives 
of the Umted States ofAmenca in Congress assetnbled. That 
soMi^^THome JJ^® ^^^rter of the Eckington and Soldiers' Home Railroad 
^Extension „f .^^^^^ be, and the same is hereby, amended so as to 
tracks. authorize said company to lay its tracks and to run its cars 

thereon through and along the following named streets and 
avenues; Beginning at the intersection of Fifth and G 
streets northwest, east along G street to New Jersey avenue 
and First street; thence south along First street northwest 
to C street northwest; thence east along C street to New 
Jersey avenue; thence south along New Jersey avenue to 
a point in the center of said avenue at a distance of not 
less than one hundred and fifty feet from the north curb 
line of B street north. Returning north along New Jer- 
sey avenue to D street; thence west on D street to First 
street northwest; thence north on First street to G street, 
and along G street to Fifth street northwest; also, be- 
ginning at the intersection of G street and New Jersey 
avenue; thence across New Jersey avenue to and along G 
street to North Capitol street; thence north along North 
Capitol street to New York avenue, connecting with its 
main line and North Capitol street branch; also beginning 
at the intersection of Fifth and G streets northwest; thence 
south on Fifth street to Louisiana avenue; thence south- 
westerly on Louisiana avenue to a point to be located by 
the Commissioners of the District of Columbia, east of 
beventh street northwest, and returning by the same route 
to the said point of beginning; also beginning at the inter- 
section of New Jersey avenue and C street northwest; 
thence east on C street to Stanton square; thence around 
Stanton square, on the south side thereof, to C street north- 
east and along C street to Fifteenth street northeast ; thence 
north on Fifteenth street to D street northeast; thence 
west on D street to Fourth street; thence south on Fourth 
street to and along C street to New Jersey avenue and the 
D'S^'SNK^^l^^?\^^^^^ip'^i°g: Provided, That until C and D streets 
shall be paved and provided with sewers to Fifteenth street 
the company shall not be required to construct its road 
beyond Twelfth street; also bemnning at the present ter- 
minus of the Eckington and Soldiers' Home road on Fourth 
street extended, thence along and wholly outside of the pres- 
^ker Hiiient Bunker Hill road, on land to be acquired by said com- 
pany by gift or purchase and made a part of said road, to a 
pomt to be located by the Commissioners of the District of 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 119 

Columbia west of Brooks station: Provided, That nothing 
contained in this act shall be taken to require the extension 
provided for in this clause before said road shall have been 
widened as herein provided for: Provided further. That the tr^kTfrom un- 
tracks of said company on Lincoln avenue shall be taken coin avenue, 
up within thirty days from the passage of this act, and the 
roadway shall be restored to public uses in such manner 
as the Commissioners of the District of Columbia shall 
direct: Provided, That horse power shall not be used on (^o«e%^we'r 
said line for traction purposes, and that if electric wires provision re- 
or cables are used to propel its cars over any of the routes ^^ ' 
hereby authorized within the limits of the city of Wash- 
ington the same shall be placed underground. 

Wherever the foregoing route or routes may coincide ^5^.''*'* 
with the duly authorized route or routes of any other duly 
incorporated street railway company in the District of 
Columbia, both companies shall use the same tracks upon 
such fair and equitable terms as mav be agreed upon by 
said companies; and in the event said companies shall fail 
to agree upon equitable terms, either of said companies ^ 

may apply by petition to the supreme court of the District 
of Columbia, which shall hear and determine summarily 
the matter in due form of law, and adjudge to the proper 
party the amount of compensation to be paid therefor. 
Said company shall charge not exceeding five cents fare for 
one continuous ride from any point on its lines to the termi- 
nus of its main line or any of its branches: Provided, That 
the construction of said railroad on any street where there 
are or may be any mains, fixtures, or apparatus pertaining ^^ 
to the Washington Aqueduct shall be subject to such con- ® 
ditions as may be approved by the Secretary of War, which 
conditions must be obtained and be accepted in writing by 
said company before commencing any work on such street 
and no steam cars, locomotives, or passenger or other cars 
for steam railroads shall ever be run on the tracks of said 
company over any such main, fixture, or apparatus. The 
said railroad shall be subject to the requirements of section 
fifteen of the act of Congress approved February twenty- 
eighth, eighteen hundred and ninety-one, entitled "An act 
to incorporate the Washington and Arlington Railway 
Company of the District of Columbia." The said company 
shall, before commencing work on said railroad on such 
street, deposit with the Treasurer of the United States to 
the credit of the Washington Aqueduct such sum as the 
Secretary of War may consider necessary to defray all the 
expenses that may be incurred by the United States in 
connection with the inspection of the work of construction 
of said railroad on such street, and in making good any 
damages done by said company, or its works, or by any of 
its contracting agents, to any of said mains, fixtures, or 
apparatus, and in completing, as the Secretary of War may 
deem necessary, any of the work that the said company 
may neglect or refuse to complete and that the Secretary 
of War may consider necessary f o^ the safety of said mains, 



Water mains, 



Deposit 



II 



l20 LAWS BELATING TO STBEET-BAILWAY FBANCHI8E8. 

fixtures, or apparatus, and the said company shall also 
deposit as aforesaid such further sums for said purposes at 
such times as the Secretary of War may consider neces- 
sary : Provided, That the said sums shall be disbursed like 
other moneys appropriated for the Washington Aqueduct, 
and that whatever shall remain of said deposits at the end 
of one year after the completion of said railroad in such 
street shall be returned to said company on the order of 
the Secretory of War,>rith an account of their disburse- 
ment m det^ih And jyrovid^ also. That disbursements of 
said deposits shall, except in case of emergency, be made 
only on the order of the Secretory of War. The exercise 
of the rights by this act granted are to terminate at the 
pleasure of the Secretary of War in case of persistent 
neglect by said company, or by its successors, to make the 
deposits, or to comply with any of the conditions, require- 
ments, and regulations aforesaid, 
increase of Sec 2 That Said Company is authorized to increase its 
capitol stock three hundred thousand dollars for the pur- 
pose of enabling it to extend and equip its line as provided 
m this act, and to redeem bonds issued to take care of 
present indebtedness incurred in building and equipping 
the road already constructed, and no additional bonds shall 
^^issued by said company without special authority of 

menra^d'Soi^ .^.^c. 3. That unless said extensions are commenced 

Extended}!' "^^'i^''^ three months and th(. cars run thereon within one 

year from the passage of this act, except as otherwise ex- 

n. ^ M pressly provided for, the authority herebv granted shall 

construction, be void : PrMd That said railroad sha/bfconstruc^^^^^^ 

on such grade and in such manner as shall be approved bv 

the Commissioners of the District of Columbia 

An.endn,ent. Sec. 4 That Congress reserves the right to alier, amend, 

or repeal this act. ' 

Approved, July 5, 1892. 



!, 



''^^•^^'^^^- ^^ ^^ To amend the charter of the Eckington and Soldier's Home 
Stats. 27, p. 444. Kail way Company of the District of Columbia. 

n^^h ^'^•f^^^'i ^y the Senate and ffmise of Bepresentatives 
Eckineton and XA^ ,, "^^f ff <^^^^^« ^^ Cougvess o^semUed, That 
^^l^e 15^ act to amend the charter of the Eckington and Soldier's 
%VS^e over^l^'"? /^*»W Company approved April thirtieth, anno 
h^ wLes until J^omini eighteen hundred and ninety, is hereby amended 
by substituting the word -five" for the word -three" in 
the last line of said act. And that the act to amend the 
charter of the Eckington and Soldier's Home Railroad Com- 
pany, approved July fifth, eighteen hundred and ninety- 

Extension to^^'lc/K^:^^^*^ L*^^^^!^ ^'"u^ ^°'^'**^"^ ^» P^^^^ ^^Ireof the 
street. NE. that Until C and D streets shall have been paved and pro- 
vided with sewers to Fifteenth street the company s^all 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 121 

not be required to construct its road beyond Thirteenth 

street, and that said company shall have authority to make 

connection with D street from C. street through and along ^ 

Thirteenth street northeast." And in the fourth ][)roviso 

by striking out the word " horse " and inserting in lieu ^Hot^e^ power 

thereof the word ''steam," so that the proviso will read, 

Provided, That steam power shall not be used on said line 

for traction purposes, and that, if electric wires or cables 

are used to propel its cars over any of the routes hereby 

authorized within the limits of the city of Washington, the 

same shall be placed under ground." 

And in section three, by striking out the words "one^^Tij^^e^/or^con- 
year," and inserting in lieu thereof the words " two years," tended, 
so that the section, as amended, will read '*That, unless said 
extensions are commenced within three months, and the 
cars run thereon within two years from the passage of this 
act, except, as o.therwise expressly provided for, the author- 
ity hereby granted shall be void: Provided, That said 
railroad shall be constructed on such gmde and in such 
manner as shall be approved by the Commissioners of the 
District of Columbia." 

Approved, February 13, 1893. 



Construction. 



AN ACT To amend an act entitled "An act to incorporate the Wash- August 23, 1894. 
ington and Great Falls Electric Railway." (Also amending the stats. 28, p. 492. 
charter of the Eckington and Soldiers' Home Railway Company.) 

* * * * » 

Sec. 5. That the Act to amend the charter of the Eck- sowiera^ ^Some 
ington and Soldiers' Home Railway Company, approved ^•^•<^«- 
July fifth, eighteen hundred and ninety-two, is hereby 
amended by striking out in Section one, beginning in line ecu °^^ *°'^''**" 
six with the words, " Beginning at the intersection of" to 
and including the words "point of beginning" in line 
twenty-nine, and inserting in place thereof the following: 
Beginning at the intersection of Fifth and G streets 
northwest, east along G street to New Jersey avenue and 
First street; thence south along First street northwest to 
C street northwest; thence east along C street (around the 
south side of Stanton Square by single track) to Fifteenth 
street northeast; thence north on Fifteenth street to D 
street northeast; thence west on D street to Fourth street 
northeast; thence south on Fourth street to C street north- 
east; thence west on C street to New Jersey avenue; thence 
north on New Jersey avenue to D street northwest; thence 
west on D street to First street, and to the point of begin- 
ning; also beginning at the intersection of G street north- 
west and New Jersey avenue, thence across New Jersey 
avenue to and along G street to North Capitol street, thence 
north on North Capitol street to New York avenue, con- 
necting with the main line and the North Capitol street 
branch; also beginning at the intersection of G and Fifth 






122 LAWS BELATING TO 8TBEET-EAILWAY FRANCHISES. 

streets northwest; thence south on Fifth street to Louisi- 
ana avenue, thence along Louisiana avenue to Sixth street 
west; thence south along Sixth street to B street north- 
west; thence west on B street (over its own tracks for such 
a distance as the Commissioners of the District of Columbia 
shall determine) to a point to be located by the said Dis- 
trict Commissioners near the east curb line of Seventh 
street northwest, and returning by the same route to Fifth 
street northwest. 

stockincreased. ^^^^ ^y inserting in Section two after the word " hun- 
dred" the words, "and fifty." 

Timeextended. ^ig^ ^^ inserting in Section three, as amended, after the 
words ''two years" the words, "and three months." 

Sec. 6. That Congress reserves the right at any time to 
alter, amend, or repeal this Act. 

Approved, August 23, 1894. 



Amendment. 



June 10, 1896. 



AN ACT To extend the routes of the Eckington and Soldiers' Home 
l^ilway Company and of the Belt Railway Company, of the District 
of Columbia, and for other purposes. 

Be it enacted hy the Senate and house of Representatwes 
of the United States of America in Congress assembled. That 

8oM?e^^Home^'^^.^'^ **^^^^^^^^*,^« f'*??! ^b^ passage of this Act the 
R. R. Co. HiCkmgton and Soldiers' Home Railway Company, and the 

Belt Railway Company, both of the District of Columbia, 
respectively, shall begin to equip those portions of their 
respective lines which are situated within the boundaries 
wa^*" fr^ m^otorl ^1^^^ ^^*7 f Washington with compressed-air motors. If 
within threeafter atrial of three months the said compressed-air motors 
shall, in the judgment of the Commissioners of the District 
of Columbia, prove to be in all respects a proper and satis- 
factory motive power for the speedy and convenient pro- 
pulsion of street cars, then the said Commissioners are 
hereby authorized and directed to issue to the said railway 
companies, respectively, permits to equip their lines within 
the District of Columbia with such compressed-air motors* 
and within six months from the passage of this Act the 
Shall cease use said railway companies shall cease to use horsepower on 
w i x^^ ^ Tf X any and all of their respective lines. In the event that the 
months. said compressed-air motors shall not be approved as herein 

provided for, then within eighteen months from the passage 
of this Act the said companies, respectively, shall con- 
grfuXs?em'£stf"^'t and put into full operation on all their lines in the 
\ m?tS^" provi J ^ . Washington the underground electric system. No 
unsatisfactory, extcusion of any of the lines in this Act provided for 
no?toblS:^on2!;^^l be Operated by horsepower: And provided further, 
extensions. Ihat Within thirty days from the passage of this Act cars 
shall be regularly run over the existing tracks, beginning 
at the intersection of G street and New Jersey avenue 
thence across New Jersey avenue to and along G street to 
stSt^LS^reJ^^j;.^^ 5^^P^«1 street, thence north on North Capitol street 
be operated. to 1 Street, according to a schedule satisfactory to the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 123 

Commissioners of the District of Columbia. Neglect or 
failure to comply with the provisions of this section shall 
subject the corporation so neglecting or failing to a penalty 
of fifty dollars for each and every day during which such 
failure or neglect continues, said penalty to be recovered 
by the Commissioners of the District of Columbia in any 
court of competent jurisdiction. 

Sec. 2. That the Eckington and Soldiers' Home Railway 
Company of the District of Columbia be, and the sanae 
hereby is, authorized to lay down and operate a street rail- 
way in the city of Washington, District of Columbia, 
through and along the following-named streets and ave- 
nues, to wit: , Tj. t • ^n 

Beginning at the junction of Eighth and D streets north- EighTr8?rert 
east; thence by double track south along Eighth street to east, etc. 
C street south; thence by single track as follows: west on 
C street south to Seventh street east; thence south on Sev- 
enth street east to M street south; thence east on M street 
south to Georgia avenue; thence northeast on Georgia 
avenue to Ninth street east; thence north on Ninth street 
east to C street south; thence west on C street south to 

'R'icyhth sf'reet' east 
Sec. 3. That said Eckington and Soldiers' Home Railway ^t^^^«"a8e of 

Company is authorized to increase its capital stock or to Bonds, 
issue bonds for such amounts as may be necessary to pay 
th^ actual cost of constructing and equipping the extensions 
hereinbefore authorized: Provided, That the question as 
to the amount to be provided for in connection with such 
extension and the method of providing for the same, 
whether by issuance of stock or bonds, shall be decided 
by a majority in value of the stockholders at a meeting 
to be called for the purpose after reasonable notice; and 
authority is hereby conferred upon said company, in case 
of issuance of bonds, to make due conveyance of its cor- 
porate franchises and property for the purpose of securing 
the same: Provided, however. That any such conveyance 
by way of mortgage shall be subject to the prior lien al- 
ready created by deed of trust dated June first, eighteen 
hundred and ninety-one, and recorded in liber fifteen hun- 
dred and eighty, folio three hundred and twenty-seven and 
following, of the land records of the District of Columbia, 
which conveys all the real estate and franchises of said 
railroad, as well as the line of said railroad now existing 
and such additions thereto at any time made, located, 
extended, or constructed: And provided, That said Eck- 
ington and Soldiers' Home Railway Company shall not issue limited to 
have its stock and bonds outstanding at any one time to S ^'and^'SlSp- 
a greater amount than the actual cost of the construction ment. 
and equipment of said railway; which actual cost shall be 
ascertained by the supreme court of the District of Colum- 
bia in such manner as the said court shall prescribe. 

Sec. 4. That the Belt Railway Company of the District 
of Columbia be, and the same hereby is, authorized to lay 
down and operate a double-track railway, with the neces- 



1 1 fill 



Extension of 
Belt Ry. to Le 
Droit Park. 



Extension on 
Water street. 



Cknnpletion. 



s 



124 LAWS BELATING TO 8TBEET-EAILWAY FBANCHISE8. 

9 

T?SrtT'^f*'n f^^ *^^^-«^^' in the city of Washington, 
District of Columbia, through and along the following- 
named streets and avenues, to wit; 

n.^h^'"'''^ at Fourth and O streets northwest; thence 

n^^^ ""^ • ''1^ ^^5^^* ^^^^ ^ ^1^"^^ avenue; thence 
north crossing Florida avenue to Harewood street thence 

along Harewood street to Elm street; thence west along 
*.lm street to Linden street; thence north on Linden street 
«^«f k^-m"?^ street; thence west on Pomeroy street to the 
east buildmg line of Seventh street west extended. 

Also beginning at the present terminus of the Belt Rail- 
7]7JV\''^\ street, near N street south; thence south 
along Water street to P street south by an extension of the 
present tracks of the Belt Railway ; thence by further exten! 
sion of said tracks east along P street south to Delaware 
avenue: Provi^d, That if there is not sufficient room for 
two tracks on Water street without encroaching on tracks 
already there, that the said Belt Line Rail waf Company 
shall purchase, at ite own cost, sufficient ground to open 
Water street from the terminus of its line as now located 
along said projected route to P street. 

bEC. 5. That the construction of the extensions herebv 
authorized sha 1 be completed within one year after the 
approval of this Act: I^r<,vided, That in case anv one or 
more of the said extensions shall not be completed and 
operated regularly within the time specified, then so much 
«LliK ^^.t a^ , authorizes such uncompleted extensions 
shall be void and of no effect. 

Sec. 6 That said Belt Railway Company is authorized to 
increase Its capital stock or to issue bonds for such amounts 
as may be necessary to pay the actual cost of constructing 
and equipping the several extensions hereinbefore author- 
ized: Pm^^(^, That the question as to the amount to be 
S^^ /'''' m connection with each extension and the 
method of providing for the same, whether by issuance of 
stocks or bonds, shall be decided by a majority in value of 
the stockholders at a meeting to be called for the purpose 
after reasonable notice; and authority is hereby conferred 
upon said company, in case of issuance of bonds, to make due 
conveyance of its corporate franchises and property for 
the purpose of securing the same: Provided, howler. That 
any such conveyance by way of mortgage shall be subject 

L,lv fhTrr.; ? *"• 'u!^^ T""^^^ > ^^^^ ^f ^^^^^ dated 
July thirty-hrst, eighteen hundred and ninety-one, and re- 
corded in hber sixteen hundred and six, folios one hundred 
and ninety-seven and following, of the land records of the 
District of Columbia which conveys all the real estate and 
franchises of said railroad, as well as the line of said rail- 
road now existing and such additions thereto at any time 

Thof ' •^^'i'l.^'^i^"'^^^.' ""^ constructed: And provided. 
That said Belt Railway Company shall not have its stock 
and bonds outstanding at any one time to a greater amount 
than the actual cost of the construction and equipment of 
said railway, which actual cost shall be ascertained by the 



Belt Railway 
may increase 
stock or issue 
bonds. 



Issue limited 
to cost of con- 
struction and 
equipment. 



LAWS EELATING TO STREET-RAILWAY FRANCHISES. 125 



Construction. 



Excavations. 



Paving. 



supreme court of the District of Columbia in such manner 
as the said court shall prescribe. 

Sec. 7. That such extensions of said railroads and each 
of them shall be constructed on such grade and in such 
manner as shall be approved by the Commissioners of the 
District of Columbia. 

Sec. 8. That it shall be lawful for said railway companies 
and each of them, their and each of their successors or 
assigns, to make all needful and convenient trenches and 
excavations in any of said streets or places where said 
companies, or either of them, may have the right to con- 
struct and operate its road, and place in such trenches and 
excavationsall needful and convenient devices f ormachinery 
for operating said railroad in the manner and by the means 
aforesaid. But whenever such trenches or excavations 
shall interfere with any sewer, gas, or water pipes, or any 
subways or conduits, or any public work of the kind which 
has been ordered by the Commissioners, then the expense 
necessary to change such underground construction shall 
be borne by the said railway company making such trench 
or excavation. 

Sec. 9. That each of the said corporations shall at all 
times keep the space between their tracks and rails and 
two feet exterior thereto in such condition as the Commis- 
sioners of the i3istrictof Columbia or their successors may 
direct; and whenever any street occupied by either of said 
railway is paved and repaired or otherwise improved, the 
said corporation shall bear all expense of improving the 
spaces above described. Should either of the said corpora- 
tions fail to comply with the orders of the Commissioners the 
work shall be done by the proper officials of the District of 
Columbia, and the amounts due from such corporation shall 
be collected as provided by section five of the Act entitled 
"An Act providing for a permanent form of government 
for the District of Columbia," aoproved June eleventh, 
eighteen hundred and seventy -eignt. 

Sec. 10. That every street-railroad corporation in the Annual report 
District of. Columbia, and every such corporation which 
shall hereafter be organized, shall, on or before the first 
day of February in each year, make a report to each the 
Senate and the House of Representatives, which report 
shall be sworn to and signed by the president and treasurer 
of such corporation, and shall cover the period of one year 
ending the thirty-first day of December previous to the 
date of making the report. Such report shall state the 
amount of capital stock, with a list of the stockholders 
and the amount of stock held by each; the amount of cap- 
ital stock paid in; the total amount now of funded debt; 
the amount of floating debt; the average rate per annum 
of interest on funded debt; amount of dividends declared; 
cost of roadbed and superstructure, including iron; cost 
of land, buildings, and fixtures, including land damages; 
cost of cars, horses, harness, and motors and other ma- 
chinery; total cost of road and equipment; length of road 



126 LAWS EELATING TO STEEET-EAILWAY FEANCHISE8. 

in miles; lengthof double track, including sidings; weight 
of rail, by yard; the number of cars and of horses; the 
number of motors; the total number of passengers carried 
in cars; the average time consumed by passenger cars in 
pssing over the road; repairs of roadbed and railway, 
mcluding iron, and repairs of buildings and fixtures; total 
cost of maintaining road and real estate; cost of general 
superintendence; salaries of officers, clerks, agents, and 
office expenses; wages paid conductors, drivers, engin- 
eers, and motor men; water and other taxes; damages to 
prsons and property, including medical attendance; rents, 
mcluding use of other roads; total expense of operating 
road, and repairs; receipts from passengers; receipts from 
all other sources, specifying what, in detail; total receipts 
from all sources during the year; payments for mainte- 
nance and repairs; payments for interest; payments for 
dividends on stock, amount and rate per centum; total 
payments during the year; the number of persons injured 
m life and limb; the cause of the injury, and whether pas- 
sengers, employees, or other persons. 
Fare. Sec. 11. That each of said companies shall receive a rate 

of fare not exceeding ^ve cents per passenger, and the 
said companies, and each of them, shall make arrange- 
ments with all existing railway companies in the District of 
Columbia for the interchange of tickets in payment of fare 
on its road: Provided, That within the limits of the District 
of Columbia six tickets shall be sold for twenty-five cents. 

«.^i®"?°*®°*' ^^^- 1^- '^^^*' Congress reserves the riffht to alter, 
repeal, etc. amend, or repeal this Act. 

Approved, June 10, 1896. 






Feb. 3, 1897. 



t 



JOINT RESOLUTION Extending time for compliance by Eckington 
and Soldiers' Home Railway Company and the Belt Railway Com- 
pany with provisions of section one of an Act entitled an Act to 
extend the routes of said railway companies, and so forth, approved 
June tenth, eighteen hundred and ninety-six. 

Resolved hv the Senate and Home of Representatives of 
the United States of America in Congress assembled. That 
jjmeeztended the time granted by the Act approved June tenth, eighteen 
hundred and ninety-six, within which the said Eckington 
and Soldiers' Home Railway Company, of the District of 
Columbia, and the Belt Railway Company, of the District 
. of Columbia, shall begin to equip those portions of their 
respective lines which are situated within the boundary of 
the city of Washington with compressed-air motors, be, 
and It is hereby, extended to July first, eighteen hundred 
and ninety -seven. 

Sec. 2. That if said compressed-air motors shall be 
adopted, said companies shall completely equip their re- 
spective lines with such motive power on or before July 
first, eighteen hundred and ninety eight. 

Sec. 3. That if said compressed-air motive power shall 
not be adopted on or before July first, eighteen hundred 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 127 

and ninety-seven, then said railway companies shall, within 
one year from July first, eighteen hundred and ninety- 
seven, equip the respective lines in the city of Washing- 
ton with an underground electric system: Provided^ That 
in case the said companies shall fail to comply with all of 
the requirements of this Act by the time therein fixed the 
said companies and each of them shall forfeit and pay to Penalty, 
the Commissioners of the District of Columbia the sum of 
one hundred dollars for each day of such failure: And pro- 
vided furthe^\ That if said companies shall fail to operate 
the whole of their respective lines as provided by An Act 
entitled An Act to extend the routes of said railway com- 

Sanies, and so forth, approved June tenth, eighteen hun- 
red and ninety-six, in such manner and on such schedules schedules. 
as the Commissioners shall approve, then said companies 
and each of them shall forfeit and pay to the District Com- Penalty, 
missioners the sum of one hundred dollars for each day of 
such failure. 

Sec. 4. All acts or parts of acts, inconsistent with this 
Act are hereby repealed. 
Approved, February 3, 1897. 



AN ACT To amend the charter of the Eckington and Soldiers' Home June 27, 1898. 
Railway Company of the District of Columbia, the Maryland and i^ " 

Washington Railway Company, and for other purposes. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress a^semhled^ '^^^*' sowS^^Home 
the Eckington and Soldiers' Home Railway Company of Rwy. may pur- 
the District of Columbia be, and it is hereby, autnorized Maryland S 
to purchase or lease the property and franchises or any wa^shington 
part thereof, of the Maryland and Washington Railway 
Company of the District of Columbia and that part of the 
property and franchises of the Columbia and Marj^land 
Railway Company of Maryland lying between the District 
line and the town of Laurel, Maryland, and the Maryland 
and Washington Railway Company is hereby authorized 
to sell or lease its property and franchises to the said Eck- 
ington and Soldiers' Home Railway Company: Provided^ 
That only one fare, not exceeding the rate now authorized Fare, 
by law, shall be charged for a single continuous ride over 
all the lines in the District of Columbia affected by such 
purchase or lease. 

Sec. 2. That the said Eckington and Soldiers' Home 
Railway Company, under the supervision of the Commis- to equip with 
sioners of the District of Columbia, shall fully equip all its sy^m^^'**"" 
lines now owned and operated within the city of Washing- 
ton and also the North Capitol street line from the inter- 
section of G street north and New Jersey avenue to T 
street north with an underground electric system essen- 
tially similar to the underground system now in use by the 
Metropolitan Railroad Company in said citv, upon plans 
to be submitted to and approved by the said Commission- 



128 LAW8 RELATING TO STREET-RAILTVAY FRANCHISES. 



Not to use 
cables for light- 
ing or power. 



I 
I 

I 



Commissioners 
may permit con- 
duits to be ex- 
tended for five 
blocks. 



To pay taxes 
and wages of 
employees. 



Route amend 
ed. 



(; 



ers, and shall have its cars regularly running by said sys- 
tem within twelve months from the passage of this Act: 
Provided, Thsit nothing herein contained shall be construed 
as authorizing or permitting said company to use their 
conduits or cables or electrical conductors of any character 
whatever for the purpose of electric lighting or power, 
except such as may be necessary for the lighting and pro- 
pelling of the cars and other machinery of such road and 
the power house of said company, or other property owned 
or acquired by said company adjacent to the lines of the 
road and necessary for the operation of said road: Pro- 
vided^ however^ That the Commissioners of the District of 
Columbia are hereby authorized to permit street railway 
companies using the underground electric system to con- 
struct conduits not exceeding five blocks in length to con- 
nect their existing conduits for the pui-pose of conveying 
electric current to be used for street railway purposes only: 
And p-romded further, That before permits shall be issued 
to begin such work all taxes and special assessments due 
and unpaid to the District of Columbia, and all indebted- 
ness due the employees for labor, or due others for coal, 
feed, horseshoes, and other supplies, contracted for by the 
receiver of the said Eckington and Soldiers' Home Rail- 
way, duly appointed by the court, and used on behalf and 
for the benefit of said company, during such receivership, 
and to be approved by the court appointing such receiver, 
shall first be paid: Provided, That in case of any lines pur- 
chased or leased by said Eckington and Soldiers' Home 
Railway Company, such lines within the city of Washing- 
ton shall be fully equipped with said underground electric 
system within twelve months from the completion of such 
purchase or lease, and the North Capitol street branch 
shall be completed with the underground system to the Sol- 
diers' Home within twelve months from the opening and 
grading of said street. 

Sec. 3. That the route of the Eckington and Soldiers' 
Home Railway Company shall be as at present, with the 
following changes, to wit: Between the intersections of T 
and Third streets northeast and R and Second streets north- 
east one track shall be abandoned, and in lieu thereof a 
single track shall be constructed between the same points 
on T and Second streets northeast; between the intersec- 
tions of Eckington place and Florida avenue and New York 
avenue and First street northeast both tracks shall be aban- 
doned, and in lieu thereof a double track shall be con- 
structed between these two points, crossing Florida avenue 
and on First street; between the intersections of New York 
avenue and Fifth street and Fifth street and G street 
northwest, the roadway shall be widened to a width of 
forty-five feet, one-half at the expense of said company, 
and one-half at the expense of any District of Columbia 
appropriation available for such work; a single track be- 
tween First and C streets and Fourth and D streets north- 
east shall be abandoned, and in lieu thereof a single track 



Capital stock. 
Bonds. 



Limit of issue. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 129 

shall be constructed on D and First streets northeast, be-^^^^*°<io°e<* 
tween these points: Provided further, That the abandoned 
tracks shall be removed, and the single tracks, with all the 
necessary switches, turn-outs, and so forth, shall be located 
subject to the approval of the Commissioners of the Dis- 
trict of Columbia. 

Sec. 4. That the said Eckington and Soldiers' Home 
Railway Company is hereby authorized to issue its capital 
stock and its bonds to an aggregate amount sufficient to 
cover the cost of the property and franchises whose pur- 
chase or lease is herein provided for and the cost of the 
construction, equipment, and reequipment of the railway 
lines now owned by the said Eckington and Soldiers] Home 
Railway Company or hereafter to be acquired by said com- 
pany, and to secure said bonds by mortgage or deed of 
trust of any part or all of its property and franchises, as 
now owned or hereafter to be acquired under the provi- 
sions of this Act or otherwise: Provided, That such stock 
and bonds shall be issued to such an amount and upon such 
terms as may be agreed upon by the majority stockholders 
of such company: And provided further, That the issue of 
such bonds and stock shall not in the aggregate exceed the 
amount necessary for effecting any such purchase, lease, 
or acquisition and for the construction, reconstruction, and 
equipment aforesaid, and the total outstanding bonds and 
stock shall in no event exceed the sum of one hundred 
and fifty thousand dollars per mile of single track. 

Sec. 5. That within sixty days from the date of the^ 

approval of this Act the Eckington and Soldiers' Home stmction 
Railway Company shall deposit five thousand dollars with 
the collector of taxes of the District of Columbia to guar- 
antee the construction, equipment, and reequipment of its 
lines, as authorized and prescribed by this Act. If said 
sum is not so deposited, then this Act shall be void. If 
said sum is so deposited and the said lines are not recon- 
structed, equipped, and reequipped as herein provided for, 
then said sum of five thousand dollars shall be forfeited 
to the District of Columbia, and this Act shall be void. 

Sec. 6. That the power to institute condemnation pro- 
ceedings conferred upon the Maryland and Washington 
Railway Company bv section twenty-four of the joint 
resolution entitled ''A joint resolution to extend the charter 
of the Maryland and Washington Railway ("ompany," 
approved August twenty-third, eighteen hundred and 
ninety-four, be, and the same is hereby, continued in force 
one year from the passage of this Act. 

Sec. 7. That on and after twelve months from the passage ^^^orpenaiiy 

of this Act the Eckington and Soldiers' Home Railway 
Company shall pay to the District of Columbia, in addi- 
tion to all other taxes now required to be paid by the said 
Eckington and Soldiers' Home Railway Company, the sum 
of fifty dollars for each and every day thereafter until 
said road shall be completed. 

16400—05 9 



' II 



Deposit to 
guarantee con- 



Forfeit. 



Condemna- 
tion. 



L 



I -.'. 



I : 



; v 



' !■ 



130 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

**®"' Sec. 8. That nothing herein shall be construed to relieve 

any of the corporations herein mentioned from any just 
liability nor to in any manner affect any valid subsisting 
claim of any creditor against said corporations, or either 
of them. 

nam7toci?y*ai?l Sec. 9. That the Eckiugtou and Soldicrs' Home Railway 
Suburban. Company is hereby authorized to change its name to City 
and Suburban Railway of Washington by a majority vote 
of its stockholders, such change to become operative when 
a certificate of the action of the stockholders shall have 
been recorded in the office of the recorder of deeds of the 
District of Columbia; such certificate to be signed by the 
president, attested by the secretary, and the corporate seal 
to be attached thereto. 

Sec. 10. That Congress reserves the right to alter 
amend, or repeal this Act. / ' 

Approved, June 27, 1898. 






!! 



^^^^^^^- JOINT RESOLUTION To promote the relocation of certain tracks 
of the City and Suburban Railway Company, of the District of 
Columbia. 

Besolyed by the Senate and Hmise of Representatives of 
the TJmted States of Amet^ica in Congress assemhled. That 
a^o^J?"s4ngS t^^ City and Suburban Railway Company, of Washington, 
Square. be, and it is hereby, authorized and directed to abandon its 

single track passing around the south side of Stanton Square, 
and in lieu thereof construct an additional single track on 
the north side of Stanton Square from the intersection of 
Fourth and C streets northeast to Sixth and C streets north- 
east. That the City and Suburban Railway of Washing- 
ton, be and it is hereby authorized and required within six 
months after the passage of this Act, to equip with the same 
uJde^3?J?u''d""^^^?^^"°^ system of electrical propulsion, as is now 
eiectricfys^"m. being installed on its urban lines the following portion of its 
suburban route, to wit: 

Beginning at the intersection^of Florida avenue and Eck- 
ington place, and running thence north through Eckington 
place to north R street; thence east on north R street to 
east Third street; thence by single track north on east Third 
street to north T street; thence still by single track west 
on north T street to east Second street; thence south on 
east Second street to north R street; thence on north R 
street to Eckington place, and thence to the beginning: 

Providing, upon completion by said City and Suburban 
Railway of the underground construction hereinbefore pro- 
vided for, the obligation of the said City and Suburban 
Railway imposed by section two of the act approved June 
twenty-seventh, eighteen hundred and ninety-eight, in re- 
spect to the construction of its line on North Capitol street 
north of T street, shall cease and in lieu of that provision 
said City and Suburban Railway is required, within six 
months after North Capitol street shall have been graded, 



Route. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 131 

to construct and operate a double-track railway on North p M^^^^.-^JlfVoSd 
Capitol street f rom T street to Michigan avenue; thence overhead troi- 
on Michigan avenue east to connect with its present tracks ^^y- 
on Bunker Hill road. 

Said railway on North Capitol street north of T street 
and on Michigan avenue is to be operated by the overhead 
trolley system; but the right to operate an overhead trol- 
ley on North Capitol street shall cease and determine on 
July first, nineteen hundred and four, or whenever after 
that date the said street shall be paved; and the said com- 
pany shall, on and after said date or paving as aforesaid 
operate the said portion of its line by the underground 
electric system. 

Approved, March 3, 1899. 



h 



GEORGETOWN AND TENNALLYTOWN RAILWAY COMPANY. 



Georgetown 
and Tennally- 
town Railway 
Company incor- 
porated (amend- 
ed). 



AN ACT To incorporate the Georgetown and Tennallytown Railway August 22, 1888. 
Company of the District of Columbia. stats. 25, p. 446. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Cmigress assembled. That 
John W. Thompson, Richard H. Goldsborough, William J. 
Thompson, Henry H. Dodge, W. K. Ryan, Osceola C. 
Green, and Norval W. Burchell, of the District of Colum- 
bia; Arthur E. Bateman, T. W. Pearsall, and Harvey 
Durand, of the city and State of New York; and Nathan- 
iel W. Bowe and John A. Coke, of the city of Richmond, 
State of Virginia, and their associates, successors, and 
assigns, be, and they are hereby, created a body corporate 
under the name of the Georgetown and Tennallytown, Rail- 
way Company of the District of Columbia, with authority 
to construct and lay down a single or double track railway, 
with necessary switches, turn-outs, and other mechanical 
devices for operating the same by cable or electric power 
for carrying passengers in the District of Columbia, from 
the Potomac River near High street, to, and along High 
street in Georgetown to the Tennallytown road, but wholly 
outside of the limits of said road, and along the side of 
the said road to the District line; also the privilege of 
laying such conduits beneath the surface of Water street 
for the purpose of conveying or communicating power from 
any suitable point along said W^ater street to said High 
street, as may be found necessary, and subject to tne 
approval of the Commissioners of the District of Columbia: 
Provided, howevei\ That such conduits shall be laid so as 
not to impair the surface of said Water street for traflSc 
and wagon travel. Whenever the foregoing route or routes 
may coincide with the duly authorized route or routes of 
other duly incorpomted street railway companies in the 
District of Columbia, either or both company may use the 
said track when necessary; and in such case they may use 
such tracks in common, upon such fair and equitable terms 
as may be agreed upon by said companies; and in the event 
said companies fail to agree upon equitable terms, either 
of said companies may apply by petition to the supreme 
court of the District of Columbia, which shall hear and 
determine the matter in due form of law, and adjudge to 
the proper party the amount of compensation to be paid 
therefor, waid corporation is authorized and empowered 
to propel its cars on such other lines as it shall coincide 
with by cable power or such other motive power as it is 
authorized to use to propel its own cars over the routes 

133 



Motive power. 



Route. 



Conduits. 



Coinciding 
routes. 



Motive power. 






Fare. 



Construction. 



Paving. 



( 



■ 'I 






r I- 



I ' 



i 



I 



184 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

prescribed in this act, and may repair and construct such 
portions of its road as ma}^ be upon the line or route, or 
routes, of any other road thus used; and in case of any 
disagreement regarding such construction or repairs with 
any company whose line is thus used, such disagreement 
may be heard and determined summarily upon the appli- 
cation of either road to any court in said District having 
common-law jurisdiction. Said company shall receive a rate 
of fare not exceeding five cents for each passenger for any 
distance between the termini of said railway, and shall sell 
tickets in packages six for twenty-five cents. Said railway 
shall be constructed of good materials and in a substantial 
manner, with rails of the most approved patern, the gauge 
to correspond with that of other city railroads, all to be 
approvecf by the Commissioners of the District of Colum- 
bia. The tracks of said railway, the space between the 
tracks, and two feet beyond the outer rails thereof, where 
the streets are now paved, or shall hereafter be paved, 
which this franchise is intended to cover, shall be at all 
times kept by said corporation well paved and in good 
order, and on streets and roads not paved said corporation 
shall keep said tracks and the space between them in good 
repair, at its own expense, and subject to the approval of 
the District Commissioners. It shall be lawful for said 
corporation, its successors or assigns, to make all needful 
Excavations, and Convenient trenches and excavations in any streets or 
places where said corporations may be authorized to con- 
struct and operate its roads, and to place in such trenches 
and excavations all the needful and convenient devices and 
machinery for operating said railroad in the manner and by 
the means aforesaid. It shall also be lawful for said cor- 
poration, its successors, or assigns, to erect and maintain, 
at such convenient and suitable points along the line as 
may seem most desirable to the board of directors of said 
corporation, and subject to the approval of the Commis- 
^^nginehouses. sionci's of the District, an engine-house or houses, boiler- 
house, and other buildings necessary for the successful 
operation of such cable or electric railroad. The rate of 
Speed. speed on said road shall not exceed twelve miles an hour, 

under a penaltv of fifty dollars, recoverable by the Com- 
missioners of the District by suit in any court of compe- 
Annuaireport. tent jurisdiction in the District of Columbia. Said com- 
pany shall, on or before the fifteenth 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 precedingyear ending December the thirty- 
first, which report shall be verified by affidavit of the presi- 
dent and secretary of said company; and said company 
shall pay to the District of Columbia, in lieu of personal 
taxes for the next ensuing year four per centum of its gross 
earnings upon traffic for the preceding year as shown by 
said verified statement, which amount shall be payable to 



Taxes. 



SubscripJon. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 135 

the collector of taxes at the times and in the manner that 
other taxes are payable, and subject to the same penalties 
on arrears; and the franchise and property of said com- 
pany, both real and personal, to a sufficient amount, may 
be seized and sold in satisfaction thereof, as may be 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 personal taxes upon its property, used 
solely and exclusively in the operation and management of 
said railway. 

Sec. 2. That the capital stock of said company shall be capital stock, 
two hundred thousand dollars in shares of fifty dollars 
each. Said company shall require the subscribers to the 
capital stock to pay in cash to the treasurer appointed by 
the corporators the amounts severally subscribed, as fol- 
lows, namely: Ten per centum at the time of subscribing, 
and the balance of such subscriptions to be paid at such 
times and in such amounts as the board of directors may 
require, and no subscription shall be deemed valid unless 
the ten per centum thereof shall be paid at time of sub- 
scribing, as hereinbefore provided; and if any stockholder 
shall refuse or neglect to pay any installments as afore- 
said, or as required by a resolution of the board of direct- 
ors, the board of directors may sell at public auction, to the 
highest bidder, so many shares of his said stock as shall 
pay said installment (and the highest bidder shall be taken 
to be the person who oflfers to purchase the least number 
of shares for the assessment due), under such general reg- 
ulations as may be adopted in the by-laws of said company; 
but no stock shall be sold for less than the total assess- 
ments due and payable; or said corporation may sue and 
collect the same from any delinquent subscriber, in any 
court of competent jurisdiction. The said company shall 
place first-class cars on said railways, with all modern im- 
provements for the convenience and comfort of passengers-, 
and shall run cars thereon as often as the public conven- 
ience may require. And according to a published schedule 
to be filed with the District Commissioners, and be approved 
by them. The said company may buy, lease, or construct 
passenger rooms, ticket offices^ workshops, depots, and 
buildings as they may deem necessary, at such points 
along its line as may be approved by the Commissioners 
of the District, and as the business of the railway and 
the convenience of the public may require. Whenever 
one-half of the said whole capital stock of said company 
so subscribed, as aforesaid, shall have been paid in, the 
said corporation shall have the right to issue bonds to an 
amount equal to half the stock subscribed, to be secured by 
mortgage of its franchise and property, real and personal: 
Provided^ That no larger amount of stock and bonds shall 
be issued than the actual cash cost of the construction and 
equipment of the road: Provided, That the moneys raised 
on said bonds shall be used and expended for the improve- 
ment and completion of the said road, and not for the pur- 



r 



Cars. 



? 



Passenger 
rooms, etc. 



Bonds. 



Limit of stock 
and bonds. 



• ; 



^ 



OH 



136 LAWS RELATING TO STREET-RAILWAY FRANCHIRER. 

pose of repaying the said coiporation for the moneys 
expended by it on said road. Within thirty days after the 
passage of this act the corporators named in the first sec- 
tion, or a majority of them, or if any refuse or neglect to 
act, then a majority of the remainder, shall cause books of 
subscription to the capital stock of said company to be 

suVs'c;ip"t^o"n?r°f """^ kept opened, in some convenient and accessi- 
books. ble place in the District of Columbia, from nine o'clock in 

the forenoon till five o'clock in the afternoon, for a period to 
be hxed by said corporators, not less than two days (unless 
the whole stock shall be sooner subscribed for) ; anJi said cor- 
porators shall give public notice, by advertisement in one or 
more of the daily papers published in the city of Washing- 
ton, of the time when and the place where said books shall 
be opened; and subscribers upon said books to the capital 
Pav™.nt s^ck of the company shall be held to be stockholders: 
Payments. Promded, That every subscriber shall pay, at the time of 
subscribmg ten per centum of the amount by him sub- 
scribed to the treasurer appointed by the corporators, or 
his subscription shall be null and void: Provided further, 
Ihat nothing shall be received in payment of the ten per 
centum at the time of subscribing, except lawful money 
or certified checks from any established national banking- 
house. And when the books of subscription to the capital 
stock of said company shall be closed, the corporators and 
in case any of them refuse or neglect to act, then a maior- 
M .. ,\.^^t ^f°^^i»4^r' shall, within twenty days thereafter, 
st^kWid?:!. "'f " ^\ first meeting of the stockholders of said company 
to meet within ten days thereafter, for the choice of direct- 
ors, of which meeting notice shall be given in a public 
newspaper published daily in the city of Washington, and 
by written personal notice to be mailed to the address of 
each stockholder by the clerk of the corporation; and in 
fu ?^^fi^°^« «* the stockholders each share shall entitle 
the holder to one vote, to be given in person or by proxy. 
^EC. 3. Ihat the government and direction of the affairs 
of the company shall be vested in the board of directors 
nine in number, who shall be stockholders of record, and 
who shall hold their office for one year and until others are 
duly elected and qualified to take their places as directors; 
and the said directors (a majority of whom shall be a quo- 
rum) shall elect one of their number to be president of the 
comimny; and they shall also choose a vice-president, a 
secretary, and a treasurer, who shall give a bond, with 
surety, to said company, in such sum as the said directors 
may require for the faithful discharge of his trust. In the 
^^^z yacan-case of a vacancy in the board of directors by the death, 
resignation, or otherwise of any director, the vacancv occa- 
sioned thereby shall be filled by the remaining directors. 
Ihe directors shall have power to make and prescribe such 
by-^laws, rules, and regulations as they shall deem needful 
and proper touching the disposition and management of the 

w VP^.^P^'?^' ^''^^ ^""^ ^^'^^t« ^^ *he company, not con- 
trary to the charter or to the laws of the United States and 



Directors. 



Officers. 



By-laws. 



Exclusion from 
cars. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 137 

the ordinances of the District of Columbia. There shall be j^n»"«i "^^^t- 
an annual meeting of the stockholders for choice of direct- 
ors, to be held at such time and place, under siich conditions, 
and upon such notice as the said company in their by-laws 
may prescribe; and said directors shall annually make a 
report in writing of their doings to the stockholders and 
to the Commissioners of the District of Columbia. Said 
company shall have at all times the free and uninterrupted ^F^ee use of 
use of the railway; and if any person or persons shall will- "^^ '^*^- 
fully or mischievously, unnecessarily obstruct or impede 
the passage of the cars of said railway with a vehicle or 
vehicles, or otherwise, or in any manner molest or interfere 
with passengers or operatives while in transit, or destroy 
or injure the cars of said railway, or depots, stations, or 
other property belonging to said railway, the person or 
persons so offending shall forfeit and pay for each offense 
not less than twenty-five nor more than one hundred dol- 
lars to said company, to be recovered as other fines and 
penalties of said District, and shall remain liable, in addi- 
tion to said penalty, for any loss or damage occasioned by 
his or her or their acts as aforesaid. No person shall be 
prohibited the right to travel on the cars of said roaxl, or 
ejected therefrom by the company's employees for any other 
cause than of being drunk, disorderly, or contagiously dis- 
eased, or for the use of obscene or profane language, refus- 
ing to pay the legal fare exacted, or to comply with the 
lawful general regulations of the company. The said 
Georgetown and Tennallytown Railway Company shall 
have the right of way across such other railways as are 
now in operation within the limits of the lines granted by 
this act, and is hereby authorized to construct its said 
road across such other railways: Provided^ That it shall 
not interrupt the travel of such other railways in such 
construction. The principal office of said company shall 
always be situated in the city 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 meeting of the stockholders and 
directors shall be held at said office. 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 the said work shall commence within one ^c^^^^JJj^^^^ 
year from the passage of this act, and be completed its pietioa. 
entire distance, with switches and turn-outs, and with 
ears running thereon for the accommodation of passengers, 
within two years from the date of the passage of this act; 
otherwise this charter shall be null and void. 

Sec. 5. That Congress hereby reserves to itself the right Amendment. 
to at any time alter, amend, or repeal this act. 

Received by the President August 10, 1888. 

[Note by the Department of State.— The foregoing 
act haying been presented to the President of the United 



Crossings. 





I 






»; 



? 



J > 






1»S8 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

• States for his approval, and not having been returned by 
him to the house of Congress in which it originated within 
the time prescribed by the Constitution of the United 
otates, has become a law without his approval.] 



March 24, 1890. AN ACT To amend an act to incorporate the Georgetown and tennal- 
stats. 26, p. 29. ^ytown Railway Company of the District of Columbia, which be- 
came a law August tenth, anno Domini eighteen hundred and eighty- 
eigut. ® ^ 



Georgetown 
and Tennallv- 
t o w n Railway 
Company of the 
District of Co- 
lumbia. 

Location of 
tracks. 

Vol. 26, p. 446, 
amended. 

Provisos. 

Location of in' 
ner rails. 



Commissioners 
to locate rail- 
way. 



Be tt enacted hy the Senate and Bouse of Bepresentatwes 
of ttie United states of America in Congress assemUed, That 
the act entitled ''An act to incorporate the Georgetown and 
lennallytown Railway Company of the District of Colum- 
bia be, and the same hereby is, amended, by substituting 
after the words and along High street, in Georgetown, to 
the lennallytown road " the words ''and thence aloncr and 
in said road for the words " but wholly outside of the lim- 
its of said road and along the side of sai'd road " : Provided, 
ihat the inner line of rails shall be at the minimum distance 
of eight feet from the center of the improved road- way 
And provided furthet^. That said railway shall be located on 
such side of the road way as may be indicated by the Com- 
missioners of the District of Columbia. 

Approved, March 24, 1890. 



July 14. 1892. 
Stats. 27, p. 156. 



District appropriation act, 1893. 



* 



and^T Jf n a^iT^ . Provided, That the streets and avenues shall be completed 
Taif p^y for V^^ ""^^^l '" which they appear in said schedules, except 
certain improve- ^^^^ Street, SO far as the amount of money herein aoDroDri- 
ja^g to Highat^d shall suffice for the work, and one-half of the cost of 
widening High street named in the Georgetown schedule 
shall be charged to the Georgetown and Tennally town Hail- 
way Company of the District of Columbia and collected 
from said company m the same manner as the cost of laying 
down pavements, sewers, and other work, or repairing the 
same, lying between the exterior rails of the tracks of street 
railways, and for a distance of two feet from and exterior 
to such track or tracks on each side thereof, are collectible 
under the provisions of section five of the act entitled "An 
act providing a permanent form of government for the Dis- 
trict ot Columbia, approved June eleventh, eighteen hun- 
dred and seventy-eiglit"; and the act of August twenty- 
second, eighteen hundred and eighty-eight, entitled "An 
act to incorporate the Georgetown and Tennally town Rail- 
way Company of the District of Columbia," is herebyaltered 
and amended so as to authorize and require such charge 
and collection. ^ 



* 



Approved, July 14, 1892. 



Route. 



GEOEGETOWN BAEGE, DOCK, ELEVATOE, AND EAILWAY COMPANY. 

AN ACT To incorporate the Georgetown Barge, Dock, Elevator, and Sept. 26, 1888. 

Railway Company. stats. 25, p. 492. 

Be it enactedhy the Senateand Eomeof RejJresentaUves ^ ^^^^ 
of the United States of America in Congress assembled^ Ihat garge, Dock, ei- 
Anthony Hyde, William A. Gordon, Robert B. Tenney, ejato^andjuii^ 
Henry H. Dodge, Morris J. Adler, Edward L. Dent, John A. incorporated. 
Baker,JohnMarburv,andHenryM.Sweeny,theirassociates 
and assigns, be, and*^they are hereby, created a body corpo- 
rate under the name of the Georgetown Barge, Dock, Eleva- 
tor, and Railway Company, with authority to build and main- 
tain a dock or Socks on the Potomac River west of Rock 
Creek, and to receive therein, and send therefrom, barges, 
vessels, cargoes, and railway cars, from and to any points on 
the Potomac River and its tributaries and coastwise; and to 
construct and maintain single or double track railways in 
the city of Georgetown or West Washington, District ot 
Columbia, through and along Water street, beginning at a 
point on the west side of the Aqueduct Bridge, through and 
along said Water street, under said bridge to the eastern ter- 
minus of said Water street at Rock Creek, y^ith the privilege 
of extending its tracks from the intersection of Water street 
and Washington or Thirtieth street along Washington or 
Thirtieth street to the Potomac River, and from the inter- 
section of Virginia avenue and Washington or Thirtieth 
street along Virginia avenue to Rock Creek, with sidings, 
turn-outs, turn-tables, and switches necessary for the deliv- 
ery of cars to warehouses and depots along said streets; 
and also to construct and maintain warehouses, depots, ^^^^^^ ^^ 
and elevators in said city of Georgetown or West W ash- 
ington, with the right to receive and dispatch boats and 
freight of all kinds, and to run cars on said tracks, sidings, 
switches, turn-outs, and turn-tables, propelled by steam, 
horse, or electric power; and to charge and receive tor the 
use of the docks, railway, warehouses, depots, elevators, 
and barges of said companv, such rates as may be hxed 
by the directors, with the approval of the Commissioners 
of the District: Provided, That when said lines coincide coinciding 
with the dulv authorized lines of any duly incorporated 
street railway of the District of Columbia, said company 
shall lay separate and independent tracks in the original 
construction of the said lines whenever, in the judgment 
of the Commissioners of the District of Columbia, it shall 
be deemed by them possible and practicable so to do. 
Whenever the foregoing route or routes may coincide with 

139 



Warehouses, 




Tiaclcs. 



.» 



I 



140 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

the duly authorized route or routes of any duly incorporated 
street railway company in the District of Columbia, either 
or both companies may use the same tracks, when, on 
account of the width of the streets, or for other sufficient 
reason it shall be deemed by the Commissioners of the 
district to be necessary; and in such case they may use 
such tracks in common, upon such fair and equitable terms 
Bs may be agreed upon by said companies; and in the 
event said company fail to agree upon equitable terms, 
either of said companies may apply, by petition, to the 
supreme court of tie District of Columbia, which shall 
hear and determine the matter in due form of law, and 

construction. Xllid thLfn^^^^^^ '^ ' ^"^^^^ V^^ Compensation 
to be paid therefor. Said railway shall be constructed of 

good materials and m a substantial manner, with the rails 
of American manufacture and of the most approved pat- 
terns laid upon an even surface with the mvement of 
the street, with the gauge to correspond with that of the 
Baltimore and Ohio and Baltimore and Potomac Railroad 
Companies all to be approved by the Commissioners of 
the Distnct of Columbia. The tracks of said railwav 
the space between the tracks, and two feet beyond the 
outer rails thereof, which this franchise is intended to 
cover, shall be at all times kept by said corporation well 
mved and in good repair at its own expense and subject to 
the approval of the Commissioners aforesaid. And if the 
corporation shall fail to make the necessary repairs within 
ten days after notice by the Commissioners, the repairs 
shall be made by the Commissioners, and the cost of such 
repairs be recovered by the Commissioners before any court 
of competent jurisdiction. It shall be lawful for said cor- 

etc. by Steam, horse, or electric power. It shall also be lawful 

for said coiporation, its successors, or assigns, to erect and 
maintain, at such convenient and suitable points alon^ its 
lines as may seem most desirable to the board of directors 
of said corporation, and subject to the approval of the 
Commissioners of the District, an engine-hoAse or houses, 
boiler-house or houses, and all other buildings necessary 

compi^tion rn«d Tr'*^^'-''"r^^ ^ S^^^-?' ^^J^"' ^^ ^^^^^''^ "^«t«r rail- 
^^.ompu tion, road. The main line of said road shall be completed within 

two years from the passage of this act; and if work is not 

fn TirJ!''^i^"'lr''!u'^''^'^ ^'" ^^^^ ^^'^^ ^« the main line 
m SIX months after the passage of this act, then the privi- 
leges and powers granted herein to said corporation shall 

Sec. 2. That the capital stock of said comoanv shall nnf 
cap^^stoc.. exceed fifty thousand ^lars and be not ffiha^^^^^^^^^^ 

hve thousand dollars m shares of fifty dollars each; but if 
said company shall find it necessary to purchase or con- 
struct barges and tug-boats then the said company shall 
o^Z^^.^W'' issue additional stock or bonds, not ex- 
ceeding fifty thousand dollars: Prc^ided^ however Thfit no 
bonds shall be issued hereunder until at least fifty per cen- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

turn of the capital stock shall have been actually paid into 
the treasury of the company upon stock subscriptions, and 
that no bonds shall be issued for a greater sum than the 
sum actually paid into the treasury of the company upon 
stock subscriptions. And said company shall reouire the 
subscribers to the capital stock to pay in cash, to the treas- 
urer appointed by the corporators, the amounts severally 
subscribed by them as follows, namely: Ten per centum 
at the time of subscribing and five per centum each thirty 
days thereafter until fifty per centum thereof shall have 
been paid; the balance of such subscriptions to be paid at 
such times and in such amounts as the board of directors 
may require; and no subscription shall be deemed valid 
unless the ten per centum thereof shall be paid at the time 
of subscribing as hereinbefore provided; and if any stock- 
holder shall refuse or neglect to pay any installment as 
aforesaid, or as required by a resolution of the board of 
directors after reasonable notice of the same, the said 
board of directors may sell at public auction, to the high- 
est bidder, so many snares of his stock as shall pay said 
installment (and the person who oif ers to purchase the least 
number of shares for the assessment due shall be taken as 
the highest bidder), and the sale shall be conducted accord- 
ing to such general regulations as may be adopted in the by- 
laws of said company ; but no stock shall be sold for less than 
the total assessments due and payable, or said body may 
sue and collect the same from any delinquent subscriber in 
any court of competent jurisdiction. The said company 
shall buy, lease, construct, and maintain workshops, depots, 
lands, and buildings as they may deem necessary at such 
points along its line as may be approved by the Comrais 
sioners of the District, and as the business of the company 
may require: Provided^ That within thirty davs after the 
passage of this act the corporators named in the first sec- 
tion, their associates, successors, or assigns, or a majority 
of them, or if any refuse or neglect to act, then a raajor- 
ity of the remainder, shall cause books of subscription to 
the capital stock of said company to be opened, and kept 
open, m some convenient and accessible place in the Dis- 
trict of Columbia, from nine o'clock in the forenoon till five 
o'clock in the afternoon, for a period to be fixed by said 
corporators, not less than ten days (unless the stock shall 
be sooner subscribed; and said corporators shall give pub- 
lic notice, by advertisement in two of the daily papers 
published in the city of Washington, of the time when and 
the place where said books shall be opened; and subscrib- 
ers upon said books to the capital stock of the company shall 
be held to be stockholders: Prmnded^ That every subscriber 
shall pay at the time of subscribing ten per centum of the 
amount by him subscribed to the treasurer appointed by the 
corpoi-ators, or his subscription shall be null and void : Pro- 
vic^d furthe7\ That nothing shall be received in payment of 
the ten per centum at the time of subscribing and the addi- 
tional installments hereinbefore provided f or,except lawful 



141 



Bonds. 



Subscriptions. 



Organization. 



Payments on 



stock. 











Directors. 



142 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

money or certified checks from any national bank; and when 
stoJkhowSI °'*^® ^^^® ^^ subscription to the capital stock of said com- 
pjany shall be dosed the corporators named in the first sec- 
tion, their associates, successors, or assigns, or a majority 
of them, and in case any of them refuse or neglect to act, 
then a majority of tlie remainder shall, within twenty 
days thereafter, call the first meeting of the stockholders 
of said company, to meet within ten days thereafter, for 
the choice of directors, of which public notice shall be 
given for five days in two daily newspapers published in 
the city of Washington; and in all meetings of the stock- 
holders each share shall entitle the holder to one vote, to 
be given in person or by proxy. 

Sec. 3. That the government and direction of the affairs 
of the company shall be vested in the board of directors, 
seven in number, who shall be stockholders of record, and 
who shall hold their office for one year, and until their suc- 
cessors are duly elected and qualified; and the directors (a 
majority of whom shall be a quorum) shall elect one of 
their number to be President of the board, who shall be 
president of the company; and they also shall choose a 
vice-president, a secretary, and a treasurer, who shall give 
a bond, with surety, to said company, in such sum as the 
said directors may require, for the faithful discharge of his 
trust. In the case of a vacancy in the board of directors, 
by the death, resignation, or otherwise, of any director, the 
vacancy occasioned thereby shall be filled by the remaining 
directors. The directors shall have power to make and 

Srescribe such by-laws, rules, and regulations as they shall 
eem needful and proper, touching the disposition and man- 
agement of the stock, property, estate, and effects of the 
company, not contrary to the charter or to the laws of the 
United States and the ordinances of the District of Colum- 
bia. There shall be an annual meeting of the stockholders 
for election of directors, to be held at such time and place, 
under such conditions, and upon such notice as the said com- 
pany in their by-laws may prescribe; and said directors 
Annual report, shall annually make a report, in writing, of their doings to 
the stockholders. If any person or persons shall willfully, 
^Obstruction of mischievously , or unnecessarily obstruct or impede the pas- 
sage of the cars, engines, or barges of said company with a 
vehicle or vehicles, or otherwise, or in any manner molest 
or interfere with operatives while in transit, or destroy or 
injure the tracks, barges, cars, or other property belonging 
. to said company, 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 
bj his or her or their acts as aforesaid. That the Commis- 
ckS^iionere^^ ®J<^°®^^ ^^ *^^ District shall make such reasonable regula- 
tions 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 reg- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



143 



By-laws. 



Oflace. 



Annual report 



ulations the said company shall be subject to a penalty not 
exceeding one hundred dollars, to be recovered in any court 
of competent jurisduction. The principal offices of said 
company shall always be situated m the city of Washing- 
ton, 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 meeting of 
stockholders and directors shall be held at said office. 
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 ^^^^^^ ®^ 
be individually liable for all the debts and liabilities of 
said company to the amount of the par value of the stock 
held by such stockholder, until the same shall . have been 
fully paid up. 

Sec. 5. That the said company shall, on or before the fif- 
teenth day of January of each year, make a report to Con- 
gress of the names of all the stockholders therein, and the 
amount of stock held by each-, together with a detailed state- 
ment of the receipts and expenditures from whatever source, 
and on whatever account, for the preceding year ending De- 
cember the thirty-first, which report shall be verified by the 
affidavit of the president and secretary of the company, and 
if sad report is not made at the time specified, or within 
ten days thereafter, it shall be the duty of the Commis- 
sioners 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 centum of its 
gross earnings for the preceding year, as shown by said 
verified statement, which amount shall be 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 provided by law for the 
sale of other propert}^ 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 prop- 
erty, including its docks and barges, cars, and motive 
power, but the real estate of the company may be taxed as 
other real estate in the District: Provided^ That the tracks 
of the company shall not be taxed as real estate. 

Sec. 6. That the water front at the end of all public 
streets and highways shall be and remain open to the use 
of the public. • 

Sec. 7. That this act may at any time be altered, amended, Amendment 
or repealed by the Congress of the United States. 

Approved, September 26, 1888, 



Taxes. 



Water front of 
streets. 




i' 






i <■ 



MARYLAND AND WASHINGTON RAILWAY COMPANY. 

AN ACT To incorporate the Maryland and Washington Railway August l, 1892. 

Company. stats. 27, p. 341. 

Be it macted hy the Senate and House of Representatives 
of the United States of America in Congress ossernhM, Th&t w^t^Kt^^'n 
Abram P. Fardon, J. Henry Small, junior, Wright Rives, R^iwa>^com- 
Bedford W. Walker, Louis D. Wine, John O. Johnson, ^^ted (amend 
Charles A. Wells, Joseph A. Blundon, A. O. Bliss, Edwin ed). 
A. Newman, Van H. Manning, Wallace A. Bartlett, Ellis 
Speare, Benjamin D. Stephen, D. M. Nesbit, P. A. Scaggs, 
lirancis H. Smith, W. Clarence Duvall, Filmore Beall, and 
their associates, successors, and assigns are hereby cre- 
ated a body corporate by the name, style, and title of the 
'' Maryland and Washington Railway 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 withm 
the United States, and may make and have a common seal. 
And said corporation is hereby authorized to construct 
and lay down a single or double track railway, and if it 
should construct and lay down a single-track railway with 
the right subsequently to change the same to a double-track 
railway, as may be approved by the Commissioners of the 
District of Columbia, with the necessary switches, turn-outs, 
and other mechanical devices, through and along the f ol- 
lowing routes, to wit: Beginning at the point where Rhode tended). 
Island avenue of the city of Washington if extended in its 
present course would intersect Fourth street northeast, as 
extended due north, and running thence with and along 
said Rhode Island avenue as thus extended, or adjacent 
thereto, to a point at or near the point of intersection of 
said Rhode Island avenue with the northeast boundary 
line of the District of Columbia: Provided, That all of the ^^^^^ ^^ 
routes herein mentioned shall be subject to the approval of missionere 
the Commissioners of the District of Columbia: Provided 
further, That whenever the lines of the said company shall 
cross any steam railway they shall cross by an overhead 
bridge or beneath the tracks of said railway, as may be 
approved by the Commissioners of the District of Columbia. 
Sec. 2. That said company may run public carriages pro- 
pelled by cable, electric, or other mechanical power, sub- 
feet to the approval of the said Commissioners, but nothing 
m this act shall allow the use of steam power in locomotives: 
Provided further, That for the purpose of making a contin- 
uous connection the said company shall have the right to 



Subject to ap- 
o£ Corn- 



Motive power. 



16400—05 10 



14d 




I 



i! 

i 



14(5 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



h 



I • 



I 1 T 



Crossings. cross all streets, avenues, and highways that may be nec- 
essary for the purpose. 

Fare. Sec. 3. That Said company shall receive a rate of fare 

not exceeding five cents per passenger for any continuous 
ride over its line within the District of Columbia; and the 
said company may make arrangements with all existing 
railway companies in the District of Columbia, for the inter- 
change of tickets in payment of fare on its road: Provided^ 
That six tickets shall be sold for twenty -five cents within 
the District limits. 

Annual report. Sec. 4. That Said company shall, on or before the fif- 
teenth of January of each year, make a report to Congress, 
through the Commissioners of the District of Columbia, of 
the names of all the stockholders therein, the amount of 
stock held by each and the amount paid thereon, together 
with a detailed statement of the receipts and expendi- 
tures, from whatever source and on whatever account, 
for the preceding year ending December the thirty -first, 
and such other facts as may be required by any general 
law of the District of Columbia, which report shall be 
verified by affidavit of the president and secretary of said 
company, and, if said report is not made at the time speci- 
fied, or within ten days thereafter, such failure shall of 
itself operate as a forfeiture of this charter, and it shall be 
the duty of the Commissioners to cause to be instituted 
proper 'judicial proceedings therefor; and said company 
shall pay to the District of Columbia, in lieu of personal 
taxes upon personal property, including cars ana motive 
power, each year, four per centum of its gross earnings, 
which amount shall be 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, to a sufficient amount may be seized and 
sold in satisfaction thereof, as now provided by law for the 
sale of other property for taxes; and said four per centum 
of its gross earnings shall be in lieu of all other assessments 
of personal taxes upon its property used solely and exclu- 
sively in the operation and management of said railway. 
Its real estate shall be taxed as other real estate in the 
District: Provided^ That its tracks shall not be taxed as 
real estate. 

(s^^Sl^endid)! ^*^^; ^- That the said rail w ay shall be constructed of good 
■ materials, and in a substantial and durable manner, with 
the rails of the most approved pattern, all to be approved 
by the Commissioners of the said District, laid upon an 
even surface with the pavement of the street, and the gauge 
to correspond with that of other city railways. Wherever 
more than one of the tracks of said railroad company shall 
be constructed on any of the public highways in the Dis- 
■ trict of Columbia, the width of the space between the two 
tracks shall not exceed four feet. 

Sec. 6. That the said corporation hereb}" created shall 
be bound to keep said tracks, and for the space of two feet 



Taxes. 



Fftving. 



Grades. 



Excavations, 
(sec. 8 



etc. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

beyond the outer rails thereof, and also the space between 
the tracks, at all times in such good order as the Commis- 
sioners of the District of Columbia may require, wherever 
it shall run over streets, avenues, and highways, subject to 
the approval of the said Commissioners, without expense 
to the United States or the District of Columbia. 

Sec. 7. That nothing in this act shall prevent the Dis- 
*trict of Columbia, at any time, at its option, from altering 
the grade or otherwise improving all avenues and streets 
and highways occupied by said road, or from so altering 
or improving such streets and avenues and highways, and 
the sewerage thereof, as may be under its authority and 
control; and in such event it shall be the duty of said com- 
pany to change its railroad so as to conform to such grade 
as may have been thus established. 

Sec. 8. That it shall be lawful for said corpoi-ation, its^^^ ^^^ 
successors, or assigns, to make all needful and convenient amended) 
trenches and excavations in any of said streets or places 
where said corporation may have the right to construct and 
operate its road, and place in such trenches and excava- 
tions all needful and convenient devices and machinery for 
operating said railroad in the manner and by the means 
aforesaid, subject to the approval of the said Commis- 
sioners. But whenever such trenches or excavations shall 
interfere with any sewer, gas, or water pipes, or any sub- 
ways or conduits, or any public work of the kind which has 
been ordered by the Commissioners, then the expense nec- 
essary to change such underground constructions shall be 
borne bv the said railway company. 

Sec. 9. That it shall also be lawful for said corporation, 
its successors or assigns, to erect and maintain at such 
convenient and suitable points along its lines as may seem 
most desirable to the board of directors of the said corpora- 
tion, and subject to the approval of the said Commissioners, 
an engine house or houses, boiler house and all other build- 
ings necessary for the successful operation of a cable motor, 
electric, pneumatic, or other railroad. 

Sec. 10. That it shall not be lawful for said corporation, 
its successors, or assigns, to propel its cars over said rail- 
road, or any part thereof, at a rate of speed exceeding that 
which may be fixed from time to time by the said Com- 
missioners, and for each violation of this provision said 
grantees, their successors, or assigns, as the case may be, 
shall be subject to a penalty of fifty dollars, to be recovered 
in any court of competent jurisdiction at the suit of the 
Commissioners of the District of Columbia. 

Sec. 11. That the line of said railway company, from^^^^ ^ 
the point of beginning herein named to a point at or nearpietion 
the intersection of Rhode Island avenue extended and the 
northeast boundary of the District of Columbia, shall be 
commenced within six months and completed within twenty- 
four months from the passage of this act. 

Sec. 12. That the said company is hereby authorized to 
issue its capital stock to the amount of the actual cost of 



147 



Ni 



Power houses, 



etc. 



opeeci. 



Commence- 
ment and com- 



Capital stock. 






1 
> < 

r 



I 



I 



148 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

construction, equipment, and purchase of right of way and 
ground necessary for its proper working, and not to exceed 
in all the sum of two hundred thousand dollars. Said 
company shall require the subscribers to the capital stock 
to pay in cash to the treasurer appointed by the corpo- 
rators the amounts severally subscribed by them, as fol- 
lows, namely: Ten per centum at the time of subscribing, 
and the balance of such subscription to be paid at such* 
times and in such amounts as the board of directors may 
require; and no subscription shall be deemed valid unless 
the ten per centum thereof shall be paid at the time of 
subscribing as hereinbefore provided, and no assessment 
exceeding ten per centum to be made at any one time; but 
at least fifty per centum of the entire stock subscribed 
shall be paid within six months from the date of sub- 
scription, and the whole amount shall be paid within two 
years from said date; and if any stockholder shall refuse or 
neglect to pay any installment as aforesaid, or as required 
by the resolution of the board of directors, after reasonable 
notice of the same, the said board of directors may sell at 

Eublic auction, to the highest bidder, so many shares of 
is stock as shall pay said installments, and the person 
who offers to purchase the least number of shares for the 
assessment due shall be taken to be the highest bidder, 
and such sale shall be conducted under such general regu- 
lations as may be adopted in the by-laws of said company; 
but no stock shall be sold for less than the total assessments 
due and payable, or said corporation may sue and collect 
the same from any delinquent subscriber in any court of 
competent jurisdiction. 

Sec. 13. That within thirty days after the passage of 
this act corporators named in the first section, their associ- 
ates, successors, or assigns, or a majority of them, or, if any 
refuse or neglect to act, then a majority of the remainder, 
shall meet at some convenient and accessible place in the 
District of Columbia for the organization of said company, 
and for the receiving subscriptions to the capital stock of the 
nt of company: Provided, That every subscriber shall pay at the 
time of subscribing, ten per centum of the amount by him 
subscribed to the treasurer appointed by the corporators, 
or his subscription shall be null and void: Provided further. 
That nothing shall be received in payment of the ten per 
centum at the time of subscribing except lawful money, or 
certified checks from any established bank. And when the 
books of subscription to the capital stock of said company 
shall be closed the corporators named in the first section, 
their associates, successors,orassigns,or a majority of them, 
and in case any of them refuse or neglect to act, then a 
majority of the remainder, shall, within twenty days there- 
of after, call the first meeting of the stockholders of said com- 
pany to meet within ten days thereafter for the choice of 
directors, of which public notice shall be given for ^s^ days 
m two daily newspapers published in the city of Washing- 
ton, and by written personal notice to be mailed to the 



Meeting of in 
corporators (sec 
13 amended). 



Payme_ . 
subscriptions 



Meeting 
stockJiolders 



cars. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 149 

address of each stockholder by the clerk of the corporation; 
and in all meetings of the stockholders each share shall 
entitle the holder to one vote, to be given in person or by ^^^^^.... 
proxy : Provided, That it shall be unlawful for the company foSe^ 
hereby incorporated to consolidate with any other railroad 
company now in existence, or which may hereafter be char- 
tered, and any such consolidation shall of itself operate as 
a forfeiture of this charter. And it shall be unlawful for 
the franchise hereby granted to be sold or transferred to 
any individual or corporation before the road shall have 
been constructed or equipped for business. Eauipment. 

Sec. 14. That the said company shall place first-class Equipment, 
cars on said railway, with all modern improvements for the 
convenience and comfort of passengers, and shall run cars 
thereon as often as the public convenience may require; 
the time table or schedule of time to be approved by the 
said Commissioners of the District of Columbia. p a s « e n ,r e r 

Sec. 15. That the company shall buy, lease, or construct ^oms, etc. (sec. 
such passenger rooms, ticket offices, workshops, depots, is amended), 
lands, and buildings as they may deem necessary, at such 
points on its line as may be approved by the said Com- 
missioners. , . , ArHr.l«.lAftin 

Sec. 16. That all articles of value that may be inad- 
vertently left in any of the cars or other vehicles of the 
said company shall be taken to its principal depot and 
entered in a book of record of unclaimed goods, which book 
shall be open to the inspection of the public at all reason- 
able hours of business. . 

Sec. 17. That the government and direction of affairs of 

the company shall be vested in a board of directors, nine 
in number, who shall be stockholders of record, and who 
shall hold their ofiice for one year, and until others are 
duly elected and qualified to take their places as directors; 
and the said directors (a majority of whom shall be a quo- 
rum) shall elect one of their number to be president of the 
board, who shall also be president of the company, and they 
shall also choose a vice-president, a secretary, and treas- 
urer, who shall give bond with surety to said company in 
such sum as the said directors may require for the faithful 
discharge of his trust. In case of a vacancy in the board of 
directors by the death, resignation, or otherwise of any 
director, the vacancy occasioned thereby shall be filled by 
the remaining directors. 

Sec. 18. That the directors shall have the power to make 
and prescribe such bv-laws, rules and regulations as they 
shall deem needful and proper touching the disposition and 
management of the stock, property, estate, and effects of 
the company, not contrary to the charter or to the laws 
of the United States and the ordinances of the District of 

Columbia. 

Se<^ 19. That there shall be at least an annual meeting 
of the stockholders for choice of directors, to be holden at 
such time and place, under such conditions, and upon such 
Tiotice as the said company in their by-laws may prescribe; 



Directors. 



Officers. 



By-laws. 



Annual 
ing. 



meet- 



150 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



U 
f 



Free use 
roadway. 



of 



Crossings. 



Ejection from 
cars. 



Amendment. 



Sec. 24 amend 
ed. 



Condemnation 
proceedings. 



H 



Extension of 
Rhode Island 
avenue. 



and said directors shall annually make report in writing of 
their doings to the stockholders. 

Sec. 20. That the said company shall have at all times 
the free and uninterrupted use of its roadway, and if any 
person or persons shall willfully, mischievously, and unnec- 
essarily obstruct or impede the passage of cars of said rail- 
way company with a vehicle or vehicles, or otherwise or 
in any manner molest or interfere with passengers or oper- 
atives while in transit, or destrov or injure the cars of said 
railway, or depots, stations, or other propertv belongincr to 
said railway company, the person or persons so offendniff 
shall forfeit and pay for each such offense not less than 
twenty-five nor more than one hundred dollars to the Dis- 
trict of Columbia, to be recovered as other fines and pen- 
alties m said District, and shall remain liable to the said 
company, in addition to said penalty, for any loss or dam- 
age occasioned by his or her or their act as aforesaid; but 
no suit shall be brought unless commenced within sixty 
days after such offense shall have been committed. 

bEC. 21. That the said Maryland and Washington Rail- 
way Company shall have the right of way across such other 
railways as are now in operation within the limits of the 
lines granted by this act, and is hereby authorized to con- 
struct its said road across such other railways: Provided, 
Ihat It shall not interrupt travel of such other railways in 
such construction. 

Sec. 22. That no person shall be prohibited the right to 
travel on any part of said road or ejected from the cars by 
the company's employees for any other cause than that 6t 
being drunk, disorderly, unclean, or contagiously diseased, 
or ref usnng to pay the legal fare exacted, or to comply with 
the lawful general regulations of the company. 

Sec. 23. That this act may at any time be altered, amended 
or repealed by the Congress of the United States. 

Sec. 24. That in the event that the company should not 
be able to come to an agreement with the owner or owners 
of any land through which the said road may be located to 
pass, proceedings for the condemnation for the use of the 
company of so much of said land as may be required, not 
exceeding fifty feet in width, with necessary slopes, and 
one hundred and thirty feet in width in the line of Rhode 
Island avenue extended, may be instituted in the usual way 
m the supreme court of the District of Columbia, under 
such rules and regulations as said court may prescribe for 
such purposes: Provided, That the extension of Rhode 
Island avenue herein authorized, whether acquired by con- 
demnation or otherwise, shall be dedicated to the public 
use m the same manner and subject to the same regulations 
and control that apply to other streets and avenues in the 
District of Columbia occupied by street railways. 
Approved, August 1, 1892. 



LAWS relating TO STREET-RAILWAY FRANCHISES. 151 

JOINT RESOLUTION To extend the charter of the Maryland and August 23. 1894. 

Washington Railway Company. stats. 28, p. 590. 

Resolved hy the Senate and House of Representatives of Maryland and 
the United States of America in Congress assembled. That Washington Ry. 
the time for building and completing the railway provided 
for in an Act entitled "An Act to incorporate the Maryland 
and Washington Railway Company," approved August 
tirst, eighteen hundred and ninety-two, be, and the same charter ex- 
is hereby, extended six months from and after the first day tended, 
of August, eighteen hundred and ninety -four. 

Approved, August 23, 1894. 



AN ACT To amend an act entitled "An act to incorporate the Mary- March 2. 1895. 
land and Washington Railway Company," approved August tirst, stat8.28,p.7l3. 
eighteen hundred and ninety-two, and for other purposes. 

Be it enacted hy the Senate and Home of Representatw^ 
of the United States of Am erica in Congress assembled, Ihat^^^^^Ry 
section fiveof the Act entitled ''An Act to incorporate theco.^^^arter 
Maryland and Washington Railway Company,' approved 
August first, eighteen hundred and ninety -two, be, and it is 
hereby, amended so as to read as follows: construction, 

'' Sec. 5. That the said railway shall be constructed of construction, 
good materials and in a substantial and durable manner, 
with the rails of the most approved pattern, all to be ap- 
proved by the Commissioners of said District, laid upon 
an even surface with the pavement of the street, and the 
gauge to correspond with that of other railways in the Dis- 
trict of Columbia. Wherever more than one of the tracks 
of said railway company shall be constructed in any of the 
public highways in the District of Columbia, the width of ^ ^^^^^ 
the space between the two tracks shall not be less than live tracts, 
feet. The plans of construction, rails, electrical and me- 
chanical appliances, conduits and stations, and location of 
stations and tracks shall be subject to the approval of the 
Commissioners of the District of Columbia. ' 

That section eight of said Act be, and is hereby, amended 
80 as to read as follows: x- -i. 

Sec. 8. That it shall be lawful for said corporation, its 
successors or assigns, to make all needful and: convenient 
trenches and excavations in any of said streets or places 
where said corporation may have the right to construct and 
operate its road, and place in such trenches and excava- 
tions all needful and convenient devices and machinery for 
operating said railway in the manner and by the means 
aforesaid, subject to the approval of the said Commission- 
ers. But whenever such trenches or excavations shall 
interfere with any sewer, gas, or water pipes, or any sub- 
way s or conduits or any public work of the kind which has 
been ordered by the Commissioners, then the expense neces- 
sary to change such underground constructions shall be 
borne by the said railway company. And the said company 



Trenches, etc. 



i\ 



! 



a 






I 1: 



152 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



der^uSd^^'cSSl ^hall be liable for any damage to pipes or other underground 
structions. Constructions, caused by the passage of its cars over the 

same or bv elep.trin onv-rania hqqaI in 4-U^ ^«^^.,i„:__ _^ -^ 



' " .^ J ''"^ i-rctoowgc/ wj. itis ua,i» over me 

same or by electric currents used in the propulsion of its 
cars* 

That section thirteen of said Act be, and it is hereby 

O nizationof ^°J^T^^ ^ ^'^^^ ^S foUows: ' 

compan^ **°** "Sec. 13. That within thirty days after the passage of 
this Act the corporators named in the first section, their 
associates, successors, or assigns, or a majority of them, or 
If any refuse or neglect to act then a majority of the 
remainder, shall meet at some convenient and accessible 
place,in theDistrict of Columbia, for theorganizationof said 

subscription to ""fT^^/vr^ ^'''' ^^^ receiving subscriptions to the capital 
^subscription to stock of the Company: Provided, That every subscriber 
shall pay, at the time of subscribing, ten per centum of the 
amount by him subscribed to the treasurer appointed by the 
To be wholly ^^iporators, or his subscription shall be null and void- Pro- 
SSl'yi\ "^^'^° ^^t^' TJiat the full face value of said stock shall be wholly 
vote&2L'&^ Ef V""*'? cash within twelve months after the subscription 
voteduniesspaid therefor is made and after twelve months no stock shall 
stock shall be ^ voted unless the same has been wholly paid for- And 
SSSJlVS^aiS?^^*^^^' That the said stock shall be whollv paid for be- 
issued. fore any bonds shall be issued: Provided furthe?-, That 

nothing shall be received in payment of the ten per centum 
at the time of subscribing except lawful money, or certified 
checks from any established bank. And when the books 
of subscnption to the capital stock of said company shall 
be closed the coiporators named in the first section, their 
associates, successors, or assigns, or a majority of them, and 
incase any of them refuse or neglet to act then a maioritv 
MeetinKofcor ^^ fi f^^^nder, shall, within twenty days thereafter, call 
po^toS:*^**''^'the first meeting of the stockholders of said company to 
nieet withm ten days thereafter for the choice of directors, 
ot which pubhc notice shall be given for five days in two 
daily newspapers published in the city of Washinkon, and 
by written personal notice to be mailed to the address of 
each stockholder by the clerk of the corporation; and in all 
meetings of the stockholders each share shall entitle the 
holder to one vote, to be given by person or by proxy." 

1 hat section fifteen of said Act be, and is hereby, amended 
so as to read as follows: 
sender h?uJ?f* *' ^Ec. 15. That the said company is authorized to erect 
etc. ^Jl°'^''?^^°'/"]^jf ct to the approval of the Commissioners 

ot the JJistnct of Columbia, the power houses and buildings 
necessary to the operation of its road, and shall furnish and 
maintain, as required by said Commissioners, passenger 
houses and transfer stations; failure to furnish and main- 
tain such passenger houses and transfer stations shall 
render said company liable to a fine of twenty-five dollars 
for each and every day of such failure, after reasonable 
notice, said fine to be recovered in any court of competent 
]un3diction at the suit of the Commissioners of the District 
of Columbia.' 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 153 



That section twenty-four of said Act be, and is hereby, 
amended so as to read as follows: 

'' Sec. 24. That in the event that Rhode Island avenue 
shall not have been extended, and said company shall not 
be able to come to an agreement with the owner or owners 
of any land through which the said road may be located to 
pass for the purchase or dedication of so much land as may 
be necessary for the opening of Rhode Island avenue, then 
the said company mav institute proceedings for the con- 
demnation of so much "land as may be required for the exten- 
sion of the aforesaid avenue: Provided, That the strip of 
land so to be acquired by condemnation shall be one hun- 
dred and thirty feet in width, and shall be located according 
to the official plats for the extension of Rhode Island avenue : 
And provided furthe?', That all the land within the lines of 
the proposed extension of Rhode Island avenue which shall 
be acquired by said Maryland and Washington Railway 
Company, either by purchase or condemnation, shall, by 
appropriate conveyance, be dedicated, before tracks are laid 
therein, by said Maryland and Washington Railway Com- 
pany as an extension of Rhode Island avenue to the extent 
of the land so acquired. 

*'Such proceedings may be instituted and conducted by 
the company in the supreme court of the District of Colum- 
bia, holding a special term as a district court, and shall be 
commenced by a petition of the company for the condemna- 
tion of such land as has not yet been purchased or dedi- 
cated and for the ascertainment of just compensation for 
the taking of such land for the purposes aforesaid. 

''Such petition shall contain a particular description of 
the property not so purchased or dedicated and selected 
for the use* aforesaid, with the names of the respective 
owners thereof and their residences, so far as the same may 
be ascertained, together with a plan of the land proposed, 
to be taken; and thereupon the said court is authorized 
and required to summon all such owners and all other 
persons interested to appear in said court at a time to be 
fixed by said court. If it shall appear to the court that 
there are any owners or other persons interested who are 
nonresidents of the District of Columbia publication may 
be substituted for personal service of process upon such 
nonresident, after any summons has been returned 'not to 
be found,' in the same manner as is provided by law with 
reference to nonresident defendants in actions of ejectment; 
and if it shall appear that there are any persons under dis- 
ability, either who have been served with process or who 
have been proceeded against by publication, the court shall 
appoint a guardian ad litem for such persons. 

"After all the parties interested have been served with 
process or proceeded against by publication, as aforesaid, 
the court shall, upon the return day stated in said process 
or order of publication, proceed to appoint three compe- 
tent and disinterested persons commissioners to appraise 



Opening Rhode 
Island ave. 



Dedication. 



Condemnatlof 
proceedings. 



Contents of pe- 
tition. 



Appraisers to 
be appointed by 
court. 




Payment 
awards. 



I ' 



j; 



154 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

the damages which the owner of the land taken may sus- 
tain by such appropriation. The commissioners shall be 
duly sworn, and they shall consider the damages which 
such owner may sustain by reason of the appropriation by 
such railway company of the land proposed to be taken for 
the purposes aforesaid, and shall forthwith return their 
assessment of such damages to the clerk of the court. 

''i^u^n^*^®" ^^^ ^^^ ^^ ^ P^^*^ ^^ ^"^ parcel or tract of 
land shall be condemned in such proceedings the commis- 
sioners m assessing the damages therefor shall take into 
«Se^Si.*^ "^ consideration the benefit of the purpose for which it is taken 
may be to the owner or owners of such tract or parcel by 
enhancing the value of the remainder of the same and shall 
make their award accordingly, and the court may require 
m such case that the damages and benefits shall be found 
and stated separately, and when the award shall have been 
confirmed by the court said company, unless an appeal is 
f f taken, shall make a payment of the amounts awarded to the 
respective owners thereof, accordingto the judgment of the 
court; and in case any of such persons are under disability 
or can not be found, and no person is authorized to receive 
the said award, or in case any person entitled to an award 
shall neglect to receive the same, or in case an appeal shall 
be taken concerning an award, then the money to be paid 
on account of such award shall be deposited in the registry 
of the court to abide its further order; and when such pay- 
ments are made or the amounts belonging to persons to 
whom payment shall not so be made for any of the aforesaid 
reasons are so deposited, the use of said land shall be deemed 
to have been condemned and taken for the use of said rail- 
way company, and no appellate proceedings or controversies 
as to ownership shall interfere with or delav said company 
in takingpossession of the land so condemned after payment 
therefor as above provided; but when any award shall have 
been approved by the said court holding a special term as 
aforesaid, the said company shall be entitled to take imme- 
diate possession of the parcel of land, in regard to which 
said award has been approved and payment or deposit made 
and the court shall enforce such right of possession by proper 
order and process addressed to the marshal of the United 
btates for the District of Columbia. Any party aggrieved 
by the final order or decree of said court, in special term 
atoresaid, fixmg the amount of damages as to any parcel of 
di&^!>f'cJSS^^"l"^?i^ l^^H an appeal therefrom to the court of appeals 
or tne L>istrict ot Columbia m the manner now provided by 
j-ij^"^^^^^ court of appeals may aflirm, reverse, or 
modify the order or decree appealed from: Provided, That 
said court of appeals shall consider only questions of law 
arising on such appeal. From the final decree of said court 
m special terms as aforesaid under this Act, distributing 
the damages among contending claimants, any party ag- 
grieved may, in like manner, take an appeal to said court 
of appeals. Any appeal under this Act shall be taken 
within twenty days after the making of the final order or 



LAWS 



RELATING TO STREET-RAILWAY FRANCHISES. 155 



decree appealed from, and not afterwards, and shall be sub- 

iect to existing laws and rules of court regulating appeals 

to said court of appeals. Cases arising under this Act shall ^ These ^ca^s^* 

have precedence over all other business in said court, in ence. 

special term, and shall have precedence in said court of 

appeals over all other cases, except criminal cases; and the 

decision of said court of appeals upon any questions arising 

under this Act shall be final." 

Sec. 2. That for the purpose of constructing and equip- 
ping its said railway, and acquiring rights of way as pro- 
vided for in this Act, the said Maryland and Washington 
Railway Company is hereby authorized and empowered to 
issue its bonds to aid in paying for such construction and 
equipments and rights of way, and secure the said bonds .^^nds author, 
by mortgage or deed of trust of its franchises, rights of 
way, and all of its property of whatsoever kind, whether 
real or personal: Provided^, That the moneys raised on said 
bonds shall be used and expended only for the purposes 
aforesaid: And provided furtJier, That the amount of said jssue^^of^st^k 
bonds and stock shall not exceed the cost of the construe- ited. 
tion of the said road and of the plant necessary to operate 
the same; and in no case shall the amount of stock and 
bonds so issued exceed the sum of four hundred and fifty 
thousand dollars. 

Sec. 3. That the line of said railway company, from the 
point of beginning herein named to a point at or near 
the intersection of Rhode Island avenue extended and the 
northeast boundary of the District of Columbia, shall be 
commenced within six months and completed within twelve ^^n^l^nd^JoiS 
months from the date of approval of this Act; and the said pietion. 
Maryland and Washington Railway Company is hereby 
authorized to construct and lay down a singleor double track ^^^''^'''' ""^ 
railway, and to operate the same as provided in the Act in- 
corporating said company, westerly along Rhode Island Route m city, 
.avenue to North Capitol street, to connect with the tracks 
of the Eckington and Soldiers' Home Railway Company, 
and thence southerly on said street over the tracks of said 
last-mentioned company to F street; the price for the use 
or purchase of said tracks to be fixed by the board of di- 
rectors of said companies, and on their failure to agree as 
to the price it shall be fixed by the supreme court of the 
District of Columbia, upon petition to be filed on the equity 
side of said court by either company. The said extension 
shall be completed within the time hereinbefore provided 
for with reference to the original line of said railway : Pro- 
vided, That nothing in this Act shall operate to authorize 
the erection of overhead wires within the limits of ^^^ city ^nc^ ^overhead 
of Washington. 

Sec. 4. That all Acts or parts of Acts inconsistent with 
this Act are hereby repealed. A^pn^rriAnt. 

Sec. 5. That Congress hereby reserves the right at any re^i^ ' 

time to alter or amend or repeal this Act. 
Approved, March 2, 1896. 







156 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

^^ebruary 20. AN ACT Extending the time within which the Maryland and Wash- 
ington Railway Company shall be required to complete the build- 
ing ot the road of said company, under the proyisions of an act of 
Congress approyed August first, eighteen hundred and ninety-two 
as amended by an act of Congress approyed March second, eighteen 
hundred and ninety-fiye. 

Be itenucted hy the Senate and Hmise of Representatives 
M.r.i.r.A H Y ' ^^^^f^ ^'^«^^« of America in Congress assembled. That 
wS|£n *Ry the time within which the Maryland and Washington Rail- 
%me for com- Z^^ Company is required to complete and put in operation 
pietionextended Its i-ailway in the District of Columbia, under the pro- 
' ^^- visions of an act of Congress approved August first, eight- 
een hundred and ninety-two, as amended by an Act 
approved March second, eighteen hundred and ninety-five 
be, and the same is hereby, extended for the term of one 
year from the second day of March, eighteen hundred 
and ninety-six; and that all the franchises, rights, and 
powers conferred by said Acts, or either of them, upon said 
railway company mav be enjoyed and exercised as fully and 
completely as if said railway had been completed and put 
in operation prior to March second, eighteen hundred and 
ninety-six. 

Approved, February 20, 1896. 



June 27, 1898. 



t 



|i 



AN ACT To amend the charter of the Eckington and Soldiers* Home 
Railway Company of the District of Columbia, the Maryland and 
Washington Railway Company, and for other purposes. 

Be it enacted hy the Senate and Hmse of Bepresentatives 
of the United States of America in Congress assemUed, That 
the Eckington and Soldiers' Home Railway Company of 
the District of Columbia be, and it is hereby, authorized 
to purchase or lease the propertv and franchises or any 
part thereof, of the Maryland aiad Washington Railway 
Company of the District of Columbia and that part of the 
property and franchises of the Columbia and Maryland 
Railway Company of Maryland lying between the District 
J w ^ *^^^ ^^ Laurel, Maryland, and the Maryland 
and Washington Railway Company is hereby authorized 
c& to^ %t ^ ,«?J1 <^r lease its property and franchises to the said 
dSfS'^Homelt -S i'^^T' and SoldieiV Home Railway Company: Pro- 
co 'mded, Ih^t only one fare, not exceeding the rate now 

Fare. authorized by law, shall be charged for a single continuous 

ride ov^er all the lines in the District of Columbia affected 
by such purchase or lease. 

o ^f^' \^^^^ ^^e said Eckington and Soldiers' Home 
Railway Company, under the supervision of the Commis- 
sioners of the District of Columbia, shall fullv equip all 
Its lines now owned and operated within the city of Wash- 
ington and also the North Capitol street line from the 
mtersection of G street north and New Jersey avenue to 
T street north with an underground electric system essen- 
^{^^ly similar to the underground system now in use by 
the Metropolitan Railroad Company in said city, upon plans 



LAWS RELATING TO STREET-EAILWAY FRANCHISES. 157 

to be submitted to and approved by the said Commis- J|J^^?gJ^f 
sioners, and shall have its cars regularly running by- said 
system within twelve months from the passage of this 
Act: Provided, That nothing herein contained shall be 
construed as authorizing or permitting said company to 
use their conduits or cables or electrical conductors of any 
character whatever for the purpose of electric lighting 
or power, except such as may be necessary for the lighting 
and propelling of the cars and other machinery of such 
road and the power house of said company, or other prop- 
erty owned or acquired by said company adjacent to the 
lines of the road and necessary for the operation of said 
road: Provided, hmoefi^er. That the Commissioners of the 
District of Columbia are herebv authorized to permit 
street milway companies using the underground electric 
system to construct conduits not exceeding five blocks m 
length to connect their existing conduits for the purpose 
of conveying electric current to be used for street railway 
purposes^ onlv: And provided further. That before per- 
mits shall be Issued to begin such work all taxes and spe- 
cial assessments due and unpaid to the District of Columbia, 
and all indebtedness due the employees for labor, or due 
others for coal, feed, horseshoes, and other supplies, 
contracted for bv the receiver of the said Eckington and 
Soldiers' Home *Railway, duly appointed by the court, 
and used on behalf and for the benefit of said company, 
during such receivership, and to be approved by the court 
appointing such receiver, shall first be paid: Provided, 
That in case of any lines purchased or leased by said 
Eckington and Soldiers' Home Railway Company, such 
lines within the city of Washington shall be fully eqmpped 
with said underground electric system within twelve 
months from the completion of such purchase or lease, and 
the North Capitol street branch shall be completed with 
the underground system to the Soldiers' Home within 
twelve months from the opening and grading of said street. 
Sec. 3. That the route of the Eckington and Soldiers 
Home Railway Company shall be as at present, with the 
following changes, to wit: Between the intersections of 
T and Third streets northeast and R and Second streets 
northeast one ti-ack shall be abandoned, and in lieu thereof 
a single track shall be constructed between the same 
points on T and Second streets northeast; between the 
intersections of Eckington place and Florida avenue and 
New York avenue and First street northeast both tracks 
shall be abandoned, and in lieu thereof a double track shall 
be constructed between these two points, crossing Florida 
avenue and on First street; between the intersections of 
New York avenue and Fifth street and Fifth street and G 
street northwest, the roadway shall be widened to a width 
of forty -five feet, one-half at the expense of said company, 
and one-half at the expense of any District of Columbia 
appropriation available for such work; a single track be- 
tween First and C streets and Fourth and D streets north- 



Hi 



m 




I 



i'. 



h 

'• » 

n 

HI 

n 
I 









I 



158 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

east shall be abandoned, and in lieu thereof a single track 
shall, be constructed on D and First streets northeast, 
between these points: Provided further, That the aban- 
doned tracks shall be removed, and the single tracks, with 
all the necessary switches, turn-outs, and so forth, shall 
be located subject to the approval of the Commissioners 
of the District of Columbia. 

Sec. 4. That the said Eckington and Soldiers' Home 
Railway Company is hereby authorized to issus its capital 
stock and its bonds to an aggregate amount sufficient to 
cover the cost of the property and franchises whose pur- 
chase or lease is herein provided for and the cost of the 
construction, equipment, and reequipment of the railway 
lines now owned by the said Eckington and Soldiers' Home 
Railway Company or hereafter to be acquired by said 
company, and to secure said bonds by mortgage or deed 
of trust of any part or all of its propertv and franchises, 
as now owned or hereafter to be acquired under the pro- 
visions of this Act or otherwise: Provided, That such 
stock and bonds shall be issued to such an amount and 
upon such terms as may be agreed upon by the majority 
stockholders of such company: And provided further, 
Ihat the issue of such bonds and stock shall not in the 
aggregate exceed the amount necessary for effecting any 
such purchase, lease, or acquisition and for the construc- 
tion, reconstruction, and equipment aforesaid, and the 
total outstanding bonds and stock shall in no event exceed 
the sum of one hundred and fifty thousand dollars per 
mile of single track. 

Sec. 5. That within sixty days from the date of the 
approval of this Act the Eckington and Soldiers' Home 
Railway Company shall deposit five thousand dollars with 
the collector of taxes of the District of Columbia to 
guarantee the construction, equipment, and reequipment 
ot its lines, as authorized and prescribed by this Act. If 
said sum is not so deposited, then this Act shall be void. 
If said sum is so deposited and the said lines are not recon- 
structed, equipped, and reequipped as herein provided for 
then said sum of five thousand dollars shall be forfeited to 
the District of Columbia, and this Act shall be void. 
Sec. 6. That the power to institute condemnation pro- 



Power to con 
demn extended 




r 1 ;. AT* 1 , J ^ icBuiutioii lo exiena tne 

charter ot the Maryland and Washington Railway Com- 
pany," approved August twenty-third, eighteen hundred 
and ninety-tour, be, and the same is hereby, continued in 
force one year from the passage of this Act. 

Sec. 7. Tliat on and after twelve months from the pas- 
sage of this Act the Eckington and Soldiers' Home ifail- 
way Company shall pay to the District of Columbia, in 
addition to all other taxes now required to be paid by the 
said Eckington and Soldiers' Home Railwav Company the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 159 

sum of fifty dollars for each and every day thereafter until 
said road shall be completed. 

Sec. 8. That nothing herein shall be construed to relieve 
any of the corporations herein mentioned from any just 
liability nor to in any manner affect any valid subsisting 
claim of any creditor against said corporations, or either 
of them. 

Sec. 9. That the Eckington and Soldiers' Home Railway ^,^^^^1"' 
Company is hereby authorized to change its name to City "^ ^*^' 

and Suburban Railway of Washington by a majority vote of 
its stockholders, such change to become operative when a 
certificate of the action of the stockholders shall have been 
recorded in the office of the recorder of deeds of the Dis- 
trict of Columbia; such certificate to be signed by the 
president, attested by the secretary, and the corporate seal 
to be attached thereto. 

Sec. 10. That Congress reserves the right to alter, 
amend, or repeal this Act. 

Approved, June 27, 1898. 



^W 



\m 




METKOPOLITAN RAILEOAD COl^inr (EOTEACINO TOT COH^ 
KTUPTTrTIT AVEKUE AKD PAEK RAILWAY COMPASy, la* 
S?S SlLROAD COM?AKY, AHD THE BOTJNDAEY AKD 811- 
VEE SPEINGS EAILWAY COMPANY). 

AN ACT to incorporate the "Metropolitan Railroad Company" in *e_^3^i^ 
^ District of Columbia. stats. 13, p. SM. 

Be it emHed hy the Senate and Hmme of Representative Metropolitan 
of the UnUed States of America ^nGo1^rmassmM ^^T^L^X- 

Alexander R. Shepherd, Richard W allach, Lewis O^phane, e^ 'tended). 
Samuel P. Brown, Nathaniel Wilson, franklin Tenney, 
Matthew G. Emery, Samuel Fowler, John Little J. O. 
McKelden Savles J. Bowen, John H. Semmes, D. O. i^or- 
fey WUlkm W. Rapley, Wm. G. Moore, Thomas Lewis, 
JoL B. Keasby, and cLrles H. Nichols, and their asso- 
ciates and assigns, be, and they are hereby, created a body 
corporate, under the name of the "Metropolitan Raihoad 
Company " with authority to construct and lay down a 

att^^ck milway, with the "f^^^Py . fS^rict of 
turn-outs, in the city of Washington in the Dis-t^'ct »* 
Columbia through and along the following avenue ad 

streets: Commencing at the Fn«tlon«f f^,«V^,tt*u„T alon^'' 
New Jersey avenue, at the north side of the Capitol , along 
The east side of New Jersey avenue to D street north 
along D street north, and along C street north and Ind ana 
avenue to the intersection of D street north ^>th Indiana 
avenue; along Indiana avenue, D street north and Louis- 
iana avenue to Fifth street west; along Fifth street west 
to F street north; along F street north to Fourteenth street 
west- along Fourteenth street west to I street north; along 
ntr^et no?th, across Pennsylvania avenue, to the junction 
of New Hampshire avenue and Twenty-third street west; 
thence along New Hampshire avenue to the Circle. Also, 
a double or^single tracl. branch railway, commencing at 
?heTntersection of D street north and New Jersey avenue; 
along New Jersey avenue to Massachusetts avenue; along 
Massachusetts avenue to H street "orth; along H street 
north to Seventeenth street west, intersecting the double- 
track road. Also, a double or single track ro^'if.'^om the 
intersection of Fifteenth street west and I street north 
connecting with the double-track road at Fifteenth street 
westra ong I street north to New York avenue; along 
New Yorkivenue to Ninth street west; along Ninth street 
west to the Washington canal; with the Pnvilege of extend- 
ing the said branch road at any time flong.N?°tn street 
wist to M street north, along M street north to Twelfth 



■4 



16400—05 11 



161 









License 
cars. 



Constmctioii, 



162 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

street west, and along Twelfth street west to the Wash- 
ington canal and Maryland avenue to the Potomac river, 
Motive wer^^*^ ^^® Tight to run public Carriages thereon drawn by 
(chaV^)5'^^'^<^^se power, receiving therefor a rate of fare not exceed- 
Fare. ing five cents per passenger, for any distance between the 

termini of either of the said main railway, or between the 
termini of either of said branch railways, or between either 
Subject to mu- *®r°^i"us of said main railway and the terminus of either of 
nicipai reguia-said branch railways: Provided^ That the use and main- 
^^^'^^^ tenance of the said road shall be subject to the municipal 

regulations of the city of Washington within its corporate 
limits. 
Taxation. ^^^ gjjc. 2. And he it further enacted, That the said roads 
shall be deemed real estate, and they, together with other 
real property and personal property of said body corporate, 
shall be liable to taxation, as other real estate and personal 
property, and to license for their vehicles or cars in the 
cities aforesaid, except as hereinafter provided, and that 
all other corporations in the District of Columbia hereto- 
fore organized for like purposes shall be subject to pay 
license, as provided in this section. 

Sec. 3. And he it further enacted, That the said railway 
shall be laid in the centre of the avenues and streets, 
(excepting New Jersey avenue, and there it shall be laid 
as hereinbefore provided for,) as near as may be, without 
interfering with or passing over the water or gas pipes, 
in the most approved manner adapted for street rail- 
ways, with rails of the most approved patterns, to be 
determined by the Secretary of the Interior, laid upon 
an even surface with the pavement of the streets; and the 
space between the two tracks shall not be less than four 
feet, nor more than six feet; and the carriages shall not be 
less than six feet in width, the gtiage [gauge] to correspond 
with that of the Baltimore and Ohio Railroad. 
^ Sec. 4. Andheit further enacted. That the said corpora- 
tion hereby created shall be bound to keep said tracks, and 
for the space of two feet beyond the outer rail thereof, and 
also the space between the tracks, at all times well paved 
and in good order, without expense to the United States 
or to the city of Washington. 

Sec. 5. And he it further e^iacted, That nothing in this 
cr^ H«*^* ®^^^^ prevent the Government at any time, at their 

cim^4°^^ ^option, from altering the grade or otherwise improving all 
avenues and streets occupied by said road, or the city of 
Washington from so altering or improving such streets 
and avenues and the sewerage thereof as may be under 
their respective authority and control; and in such event 
it shall be the duty of said company to change their said 
railroad so as to conform to such grade and pavement. 

Sec. 6. And he it further enacted. That this act may at 
any time be altered, amended, or repealed by the Congress 
of the United States. 



Paving. 



Amendment. 



ff See act of Congress, approved Aug. 2, 1894. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 163 



Sec. 7. And he it further enacted. That nothing in this 
act shall be so construed as to authorize said body corpo- 
rate to issue any note, token, device, scrip, or other evi- 
dence of debt to be used as a currency. 

Sec. 8. Andheit further enacted. That the capital stock 
of said company shall not be less than two nor more than 
five hundred thousand dollars, and that the stock shall 
be divided into shares of fifty dollars each, and shall be 
deemed personal property, transferable in such manner as 
the by-laws of said company may direct. 

Sec. 9. And he it further enacted, That the said company 
shall place first-class cars on said railways, with all the 
modern improvements for the convenience and comfort of 
pasi^engers, and shall run cars thereon during the day as 
often as every four minutes on the route from the Capitol, 
via the Baltimore and Ohio Railroad depot and depart- 
ments, to the Circle; and on the other routes once in fifteen 
minutes each way, and until twelve o'clock at night as often 
as every half hour; and throughout the day and night as 
much of tener as public convenience may require. 

Sec. 10. Arid be it further enacted, Th2ii a^Adi company 
shall procure such passenger rooms, ticket oflSces, stables, 
and depots at such points as the business of the railroad 
and the convenience of the public may require. And the 
said company is hereby authorized to lay such rails through 
transverse or other streets as may be necessary for the 
exclusive purpose of connecting the said stables and depots 
with the main tracks. And the said company is hereby 
authorized to purchase or lease such lands or buildings as 
may be necessary for the passenger rooms, ticket offices, 
stables, and depots above mentioned. 

Sec. 11. And he it further enacted. That all articles of 
value that may be inadvertently left in any of the cars or 
other vehicles of the said company shall be taken to their 
principal depot and entered in a book of record of unclaimed 
goods, which book shall be open to the inspection of the 
public at all reasonable hours of business. 

Sec. 12. And he it further enacted. That, within five days 
after the passage of this act, the corporators named in the 
first section, or a majority of them, or if any refuse or neg- 
lect to act, then a majority of the remainder, shall cause 
books of subscription to the capital stock of said company 
to be opened and kept open, in some convenient and accessi- 
ble place in the city of Washington, from nine o'clock in 
the forenoon till five o'clock in the afternoon, for a period 
to be fixed by said corporators, not less than two days, 
(unless the whole stock shall be sooner subscribed for,) 
and said corporators shall give public notice, by advertise- 
ment in the daily papers published in the city of Washing- 
ton, of the time when and the place where said books shall 
be opened. And subscribers upon said books to the capital 
stock of the company shall be held to be stockholders: Pro- 
vided, That every subscriber shall pay at the time of sub- 
scribing twenty-five per centum of the amount by him 



May not issue 
notes, etc., as 
currency. 



Capital stock. 



Cais. 



Schedule. 



Passenger 
rooms, etc. 



Connection 
with depots and 
stables. 



Articles left in 
cars. 




Books of sub- 
scription to be 
opened. 



M 



Subscribers 
shall be stock- 
holders. 



164 LAWS BELATING TO STEEET-BAILWAY FRANCHISES. 



Payment at 
time of subscrib- 
ing. 



! 






Limit of sub- 
scripuon. 



First meeting 



Directors. 






Officers. 



11 



By-lawa 



Annual meet- 
ing. 



Free use of 
roadway. 



subscribed to the treasurer appointed by the corporators, 
or his subscription shall be null and void:'^ Provided further, 
That nothing shall be received in payment of the' twenty- 
five per centum at the time of subscribing except money: 
Provided further. That no person shall be allowed to sub- 
scribe for more than fifteen thousand dollars. And when 
the books of subscription to the capital stock of. said com- 
pany shall be closed, the corporators named in the first 
section, or a majority of them, and in case any of them re- 
fuse or neglect to act, then a majority of the remainder, 
shall, withm twenty days thereafter, call the first meeting 
of the stockholders of said company to meet within ten days 
thereafter for the choice of directors, of which public notice 
shall be given for five days in two public newspapers pub- 
lished daily in the city of Washington, or by written personal 
notice to each stockholder by the clerk of the corporation. 
And in all meetings of the stockholders each share shall 
entitle the holder to one vote, to be given in person or by 
proxy. 

Sec. 13. And he it further enacted, That the government 
and direction of the affairs of the company shall be vested 
in the board of directors, seven in number, who shall be 
stockholders, and who shall hold their office for one year, 
and till others are duly elected and qualified to take their 
places as directors. And the said directors (a majority of 
whom, the president being one, shall be a quorum) shall 
elect one of their number to be president of the board, who 
shall also be president of the company; and they shall also 
choose a treasurer, who shall give bonds with surety to said 
company, in such sum as the said directors may require, for 
the faithful discharge of his trust. In case of a vacancy 
in the board of directors by the death, resignation, or oth- 
erwise, of any director, the vacancy occasioned thereby shall 
be filled by the remaining directors. 

Sec. 14. A7id he it further enacted. That the directors 
shall have full power to make and prescribe such by-laws, 
rules, and regulations as they shall deem needful and proper, 
touchingthedispositionanJmanagementof the stock, prop- 
erty, estate, and effects of the company, notcontraiy to the 
charter, or to the laws of the United States and the ordi- 
nances of the city of Washington: Pr<mded, That there 
shall be no regulation excluding any person from any car 
on account of color. 

Sec. 15. Andhe it further enacted. That there shall be an 
annual meeting of the stockholders, for choice of directors, 
to be holden at such time and place, under such conditions, 
and upon such notice, as the said company in their by-laws 
may prescribe; and said directors shall annually make a 
report in writing of their doings to the stockholders. 

Sec. 16. And he it further enacted. That the said com- 
pany shall have at all times the free and uninterrupted 
use of the roadway. And if any person or persons shall 
willfully and unnecessarily obstruct or impede the passage 
on or over said railway, or any part thereof, or shall injure 



Liability of 
stockholders. 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 165 

or destroy the cars, depot stations, or any property belong- 
ing to said railway company, the person or persons so 
offending shall forfeit and pay for every such offence the 
sum of five dollars, to be recovered and disposed of as 
other fines and penalties in said cities, and shall remain 
liable, in addition to said penalt}^ for any loss or damage 
occasioned by his, her, or their act, as aforesaid; but no 
suit shall be brought unless commenced within sixty days 

after such offence shall have been committed. 
Sec. 17. ^/i6?J^?:?5/^/ri5A^/'6yi«cj{6C?, That unless said cor- j^^^J'^e for buiid- 

poration shall make and complete their said railways 
between the Capitol and Seventeenth street west within 
four months after the company shall have been organized, 
and the railwa3"s on the other routes herein described within 
one year after the com.pany shall have been organized, 
then this act shall be null and void, and no rights what- 
ever shall be acquired under it. 

Sec. 18. And he it further enacted. That all acts and^i^^f^P^^i^^g 
parts of acts heretofore passed which are inconsistent with 
an}' of the provisions of this act, [are], for the purposes 
of this act, hereby repealed, so far as the same are incon- 
sistent therewith. 

Sec. 19. Andhe it further enacted. That each of the stock- 
holders in the Metropolitan Railroad Company shall be 
individually liable for all the debts and liabilities of said 
compan}^ to an amount equal to the amount of stock held 
by such stockholders. 

Sec. 20. Andhe further enacted. That the said railroad j^l^^^je^c^ 
compan}^ shall keep in good repair and in clean condition clean, 
the flagstones or cross-walks leading to, upon, and over 
their tracks at the crossings of the several streets, which 
intersect their railroad, removing therefrom snow and ice, 
as well as mud, dirt, or other annoyance; and shall fur- 
ther, whenever necessary to render such crossings dry and 
convenient, raise or deviate the same sufiSciently for that 
purpose, and shall adjust the adjoining pavement so as to 
make it convenient for carriages to pass said crossings. 

Sec. 21 . And he it further enacted,^ That for each and every ciSig^cJoss^ 
violation of the foregoing provisions the said company ings. 
shall forfeit and pay a sum not less than five dollars and 
not more than one hundred dollars, which may be recov- 
ered, with costs of suit, on complaint of any person 
aggreived, in any court of competent jurisdiction in the 
District of Columbia. Such action may be prosecuted in 
the name of the city of Washington, and one- half of the 
penalties recovered shall be for the use of the city of Wash- 
ington, and the other half for the use of the complainant: 
Provided, however. That any party complainant shall, before 
commencing such action, file with the Clerk of the Supreme 
Court of the District of Columbia a bond to be approved 
by the clerk of the said court, with at least one surety, to 
be approved by said clerk, and in a penalty of one hundred 
dollars, conditioned that the complainant shall well and 
truly save harmless, and indemnify the said city against 






ii> 



Annual report. 



^ '• 



Cost of road. 



Itt 



166 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

the payment of all costs and charges which shall be recov- 
ered against said city by reason of the failure of the com- 
plainant to prosecute or maintain his said complaint. 

Sec. 22. Andhe it further enacted. That the said railroad 
company shall, by the fifteenth day of January, after the 
completion of said road, and annually on or before that day 
thereafter, transmit to Congress a full report of the affairs, 
business, and condition of the said company for the year 
terminating December thirty-one preceding such report, 
and such report shall be signed and sworn to by the presi- 
dent and treasurer of the company, or by a majority of 
the directors, and shall specify the following items: First, 
Capital stock fixed by charter. Second, Capital stock sub- 
scribed and actually paid in in cash. Third, Dividends 
made to stockholders on the capital stock of the company 
and when made. Fourth, Total capital stock at the termi- 
nation of the previous year. Fifth, Funded debt of the 
company, and in what way secured. Sixth, Floating debt 
of the company. Seventh, Total indebtedness of the com- 
pany exclusive of capital. Cost of road. Eighth, Total 
cost of rails, chains, spikes, and other iron used in con- 
struction. Ninth, Total cost of ties, stringers, and other 
wood or timber used in construction. Tenth, Cost of pav- 
ing-stone, gravel, and other material used in construction 
not above enumerated. Eleventh, Cost of labor in the 
construction of the road. Twelfth, Cost of engineering 
and salaries paid to oflScers and agents of the company, and 
discount of interest paid on loans. Thirteenth, Amount ex- 
of equipment, pended in repairs of road. Cost of equipment. Fourteenth, 
Number and cost of cars. Fifteenth, Number of horses or 
mules used in the service of the road, and cost. Sixteenth, 
Cost of harness and other appointments. Seventeenth, Cost 
of tools and fixtures, including furniture of oflices. Eight- 
eenth, Cost of real estate and improvements thereon bv 
Characteristics, the company . Characteristics. Nineteenth,Total length Jf 
roads, measured at single track, including switches and turn- 
outs. Twentieth, Weight and character of rail. Twenty- 
first, Number of passengers carried during the year. 
Twenty-second, Average number of passengers per'trip. 
ncome. Income of road. Twenty-third, Total receipts from passen- 
gers. Twenty-fourth, Total recipts from other sources, and 
what sources. Expenses of operation and maintenance of 
road. Twenty -fifth. Amount of salaries paid to officers of 
the company. Twenty-sixth, Amount paid to employees, 
with the number each of clerks, conductors, drivers, station- 
keepers, and laborers. Twenty-seventh, Amount paid for 
taxes of all kinds, and insurance. Twenty-eighth, Amount 
paid for reconstruction of and repairs to track, turn-outs, 
Miscellaneous, and other structures. Miscellanenous. Twenty-ninth, 
Amount of dividends paid during the preceding*^year in 
cash, and dividends in stock to stockholders and percent- 
age of each. Thirtieth, Increase of capital stock, if any, 
during the year. Thirty-first, Number of persons killed or 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 167 



seriously injured on the road during the previous year, and 
the causes thereof. 

Sec. 23. And he it further enacted, That it shall be the 
duty of said company, when said road is completed, to have 
prepared tickets for passage on their cars, and to keep 
them at their office for sale by the package of twenty-five 
or over at the rate of twenty -five for the dollar. 

Approved, July 1, 1864. 



Sale of ticketa 



AN ACT To amend an act entitled "An act to incorporate the Metro- March 3, 1865. 
politan Railroad Company in the District of Columbia.'* stats. 13, p. 536. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled That R.^®*c??chirte^ 
an act entitled ''An act to incorporate the Metropolitan amended. 
Railroad Company in the District of Columbia," approved 
July first, eighteen hundred and sixty-four, be, and the same 
hereby is, amended as hereinafter set forth, namely, that 
the first section be, and hereby is, amended by striking out 
all after the words ''along H street north to Seventeenth 
street west, intersecting the double-track road," and insert- 
ing: also a double or single-track railway, commencing at Routechanged. 
the intersection of D street north and Four-and-a-half 
street west, along Four-and-a-half street west to the gate 
of the Arsenal; also a double or single-track branch railway 
commencing at the intersection of Ninth street west and 
the Washington canal, along Ninth street west to M street 
north, along M street north to Twelfth street west, along 
Twelfth street west to the Washington canal and Mary- 
land avenue to the Potomac River; also a double or single- 
track branch railway, commencing at the intersection of 
Massachusetts avenue and H street north, along Massachu- 
setts avenue to K street north, along K street north to the 
Circle, with the privilege of extending the said branch road 
at any time along K street north to Rock creek, across the 
bridge over Rock creek to Water street, Georgetown, along 
Water street in Georgetown to Green street, along Green 
street to Gay street, and along Gay street and First street 
to Fayette street, Georgetown, with the privilege of extend- 
ing at any time the road now in operation from Seventeenth 
street west to the Capitol, from the present terminus of 
said road on A street north, along A street north to first 
street east, along first street east to East Capitol street, 
along East Capitol street to Ninth street east, along Ninth 
street east to L street south, with the right to run public 
carriages thereon, drawn by horse power, receiving therefor 
a rate^f fare not exceeding eight cents per passenger, for 
any distance between the termini of either of said main 
railways or between the termini of said branch railways 
or between either terminus of said main railway, and the 
terminus of either of said branch railways: Provided^ That ^i^^^^f^y** ™J;: 
the use and maintenance of the said road shall be subject SSf 



Rates of fare. 



1 



Stock 
creased. 



in 



Payment. 



168 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

to the municipal regulations of the city of Washington 
within its corporate limits. 

Sec. 2. And he it further enacted, That section eight be, 
and hereby is, amended by striking out the words ''five 
hundred thousand dollars," and inserting the words "one 
million dollars:" Provided^ That the directors of said 
Metropolitan Railroad Company shall have power to require 
the subscribers to the capital stock to pay the amount by 
them respectively subscribed at such time, and such man- 
ner, and in such instalments, as they may deem proper; 
and if any stockholder shall refuse or neglect to pay any 
instalments, as required by a resolution of the board of 
directors, after reasonable notice of the same, the said 

deS!"^ "^^^ "" board of directors may sell at public auction, to the highest 
bidder, so many shares of said stock as shall pay said 
instalments, (and the highest bidder shall be taken to be 
the person who offers to purchase the least number of 
shares for the assessment due,) under such general regula- 
tions as may be adopted in the by-laws of said corporation, 
or may sue for and collect the same in any court of compe- 
tent jurisdiction. 

Sec. 3. Andhe it further enacted^ That section seventeen 
be, and hereby is, so amended as to allow the said corpora- 
tion three years from the date of the approval of this act 
in which to complete the railways herein described and 
those described in the act to which this is an amendment. 
Sec. 4. Andheit farther enacted. That the twenty-second 
section be, and hereby is, amended by striking out the 
words " at the rate of twenty -five for one dollar," and 
inserting the words '' at the rate of sixteen for one dollar." 

jMiusion from Sec. 5. And he it further enacted. That the provision pro- 

hibiting any exclusion from any car on account of color, 

already applicable to the Metropolitan Railroad, is hereby 

extended to every other railroad in the District of Columbia. 

Approved March 3, 1865. 



Time for com 
pletlon. 



Tickets. 



I 



Jan. 30, 1865. AN ACT To amend an act entitled "An act to incorporate the Metro- 
Stats. 13, p. 426. politan Railroad Company in the District of Columbia," approved 
July 1, 1864. 

Beit enacted hy the Senate and House of Eepresentatives 
ui(S^ "^ofthe United States of America in Congress assmthled, That 
section 17 of the act to incorporate the Metropolitan Rail- 
road Company of the District of Columbia, approved July 
1, 1864, be, and the same is hereby, amended so as to ex- 
pi^Vn'"??:*®^^ ^^^ ti^^ for the completion of their railroad line, 
tended. except that part thereof between Seventeenth street and 

the Capitol, for one year from the passage of this act: 
Provided, hawevet^ That the line from Seventeenth street 
and the Capitol be completed, equipped, and running within 
thirty days from the passage of this act. 
Approved January 30, 1866. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 169 

AN ACT Extending the time for the completion of certain street rail- March 2. 1867. 

way s. Stats. 14, p. 440. 

Be it enacted hy the Senate and Rouse of Repr^mtatwes 
of the United States of America in Congress assembled, Ihat^M^etropoiuan 
section seventeen of the act to incorporate the Metropolitan 
Railroad Company, in the District of Columbia, approved 
Julv 1, 1S64, be, and the same is hereby, still further 
amended so as to extend the time for the completion of pT^^f^^«'««5; 
their railroad line, except that part thereof between bev- tended, 
enteenth street and the Capitol, for three years from the 
first day of January, 1866. 

Approved March 2, 1867. 



AN ACT Relating to the Metropolitan Railroad Company. March 3, 1869. 

Be it enacted hy the Senate and House of Rejpresentat^es ^^^^' ^^' P;^* 
of the United States of America in Congress assenfahUd,jy^^t ^l^}^^""^^^"^ 
the Metropolitan Railroad Company, in the District of Co- 
lumbia, be, and is hereby, allowed five years from and pTime^^or com- 
after the passage of this act for the completion of its lines tended, 
of street railways, authorized by the acts of July first, 
eighteen hundred and sixty-four, and March third, eighteen 
hundred and sixty-five, anything contained in said act or 
any other acts to the contrary notwithstanding. 

Approved March 3, 1869. 




AN ACT To incorporate the Connecticut Avenue and Park Railway July 13. 1868. 
Company, in the District of Columbia. stats. 15, p. 85. 

Be it enacted hy the Senate and House of Representatives ^^^ ^^^ ^^ 
of the United States of America in Congress assembled, 1 hat Park Railway 
Augustus B. Stoughton, John Little, John L. Kidwe ^^J^^^^^^'^p^' 
George H. Plant, LeRoy Tuttle, G. W. Hopkins, R. M. Hall, ^J^^^^^ ^r 
and their associates and assigns, be, and they are hereby, r. co.) 
created a body corporate, under the name of the Connecti- 
cut Avenue and Park Railway Company, with authority to 
construct and lay down a single or double track railway, 
with the necessary switches and turnouts, in the city of 
Washington, in the District of Columbia, through and 
along the following avenues, streets, and highways: Com- 
mencing at the intersection of Seventeenth street west 
and Pennsylvania avenue; along the west side of Seven- 
teenth street to its intersection with H street north; thence 
along Seventeenth street west to its intersection with Con- 
necticut avenue; thence along said avenue to Boundary 
street. Also, from the intersection of Boundary street 
and Connecticut avenue; along the county road from such 
intersection; thence on any road opened, or which mav 
hereafter be opened, west of the Fourteenth-street road, 
to within or through the proposed public park, or to the 
county line of Washington County, with the right to run 
public carriages thereon drawn by horse power, receiving 



Route. 



v.: 



Taxation. 



License 
cars. 



for. 



Construction. 



1/ 



It 



170 LAWS RELATING TO STKEET-RAILWAY FEAKCHISES. 

tl^fnJ h:«^*' °* **'■'' "Jf e'^ceeding six cents a passenger 
mfliorifvfi»^'"tK''u'^"^ ™?^-" ^'^»<^^, That shoulf a 
thehfflr«lf1 *'^''R'^^'■^'° ^'*^*'*' «*'''* '•"^'J' «ftei- reaching 
iiV^ .^''*"*?- °^ .Boundary street and Connecticut avenue 
instead of continuing from said intersection up the county 
road now opened may be constructed along Boundary street 
in the direction of Meridian Hill to any county road opened 

wes't and"?.;^ ^'''f''' '"'T'''^^ ^^' ^' sfxt3treet 
west and thence along said county road by the most prac- 
ticable route to the terminus neaV, at, infor throulrthe 
proposed park, as hereinbefore provided 

bEC. 2. And be it further enacted. That said road shall be 
deemed real estate, and, together with other real and per! 
sonal property of said body corporate, shall be liable to 
taxation as other real estate a„5 personal property and 
to license for their vehicles or cars'^in the city a^nd county 
aforesaid, except as hereinafter provided ' 

<.V.,n *V> ^"i 4**^ \H. further enacted. That the said railway 
shall be laid m the centers of the avenue and street^ b 
the city (excepting Seventeenth street; there it shall be 
laid as hereinbefore provided for,) as nekr as may be with! 
put interfering with or passing over the water or gas pipes 
m the most approved manner adapted for street railways! 
with rails of the most approved pattern, to be determined 
by the Secretary of the Interior, [aid upon an even surface 
with the pavement of the streets or avenues; and the sp^e 
tetween the two tmcks, when two are laid, shall not be 

(See footnote S ft be"[e '!«" ' " 'T f^"" ^^5 '^^\ ''"'^ »»»« ^^'^^S^ 

fojgaoge.) snail not be less than six feet m width, the muw to corre 
spond with that of the Baltimore and Ohio Bt^A. Tha 
the railway m the county shall be laid in such manner L 
wil least interfere with the ordinary travel of the roads on 
which the said track shall be laid. " 

Sec. 4. And he it further enacted. That the said corpora- 
tion hereby created shall be bound to keep said traX and 
for a space of two feet beyond the outer rail thereof' and 
also the space between the tracks, at all times well paved 
and in good order, without expense to the United sK 
the city or county of Washington. ' 

teEc. 5. And he it further enacted. That nothing in this 
act shall prevent the Government at any time at thei? 
option from altering the grades or otherwise improving 
all avenues and streets occupied by said road, or the citf 
of Washington from so altering or improving such streete 
and avenue-s and the sewerage thereof, as may be under 

t XauTthJH.7'''T"^v?"^ ''""*'"'' *"d '» -'h "ent 
it shall be the duty of said company to change their said 

railway so as to conform to such grade and pa'Vement. 
bEO. 6. And he tt further enacted. That this act may be" 

^ o, notes 'f ^^ uTtedSs'""^"'^'^' '' ''^'''^ ''^ *•"« C-^-- 
?o^^S™°^'.. f^-,1\-^^^^^^fi^fi^- enacted. That nothing in this 
-orbidden. act shaU be so construed a« to authorize said bod> corpo! 



Paving. 



Orade may be 
changed. 



Amendment. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 171 



rate to issue any note, token, device, scrip, or other evi- 
dence of debt to' be used as currency. 

Sec. 8. And he it further enacted. That the capital stock 
of said company shall be not less than fifty thousand dol- 
lars, nor more' than two hundred thousand dollars, and 
that the stock shall be divided into shares of twenty-five 
dollars each, and shall be deemed personal property, trans- 
ferable in such manner as the by-laws of said company 

may direct. 

Sec. 9. And he it furthet^ enacted, ThdXth^^diiacom^^wy 

shall place first-class cars on said railway, with all the 

modern improvements for the convenience and comfort of 

passengers, and shall run cars thereon during the day as 

often as every ten minutes, between Pennsylvania Avenue 

and Boundary Street, and through the day and night on 

the entire road, or such portions as may be completed, as 

often as the public convenience may require. 

Sec. 10. And be it further enacted. That the said company 
shall procure such passenger rooms, ticket offices, stebles, 
and depots, at such points as the business of the railroad 
and the convenience of the public may require. And said 
company is hereby authorized to lay such rails through 
transverse or other streets as may be necessary for the 
exclusive purpose of connecting the said stables and depots 
with the main tracks. And the said company is hereby 
authorized to purchase or lease such lands or buildings as 
may be necessary for the passenger rooms, ticket offices, 
stables, and depots above mentioned. 

Sec. 11. A7id he it further enacted. That all articles of 
value that may be inadvertently left in any of the cars or 
vehicles of the said company shall be taken to their prin- 
cipal depot, and entered in a book of record of unclaimed 
goods, which said book shall be open to the inspection of 
the public at all reasonable hours of business. 

Sec. 12. Ajid he it further enacted. That within thirty 
days after the passage of this act the corporators named 
in the first section, or a majority of them, or, if any re- 
fuse or neglect to act, then a majority of the remainder, 
shall cause books of subscription to the capital stock of 
said company to be opened and kept open, in some conve- 
nient and accessible place in the city of Washington, from 
nine o'clock in the forenoon until three o'clock in the 
afternoon, for a period, to be fixed by said corporators, 
not less than two days, and said corporators shall give 
public notice, by advertisement in the daily papers pub- 
lished in the city of Washington, of the time when and 
the place where said books shall be opened; and subscribers 
upon said books to the capital stocik of the company shall 
be held to be stockholders: Provided, That no one indi- 
vidual shall be allowed to subscribe for more than one 
hundred shares of said stock: Provided, further. That 
every subscriber shall pay at the time of subscribing 
twenty-five percentum of the amount by him subscribed to 



Capital stock. 



Cars. 



Schedule. 



Passenger 
rooms, etc. 



Articles left in 
cars. 



Books of snb- 
scription to be 
opened. 



Subscribers to 
be stockholders. 



Payments. 






172 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

tbe treasurer appointed by the corporators, or his subscrip- 
tion shall be null and void. If, at the end of two days, a 
larger amount than the capital stock of said company shall 
have been subscribed, the books shall be closed, and the 
said corporators named in the lirst section shall forthwith 
proceed to apportion said capital stock amone the sub- 
scribers pro rata, and make public proclamation of the 
number of shares allotted to each, which shall be done and 
completed on the same day the books are closed: Provided, 
/urtAer Th'dt nothing shall be received in pavment of the 
twenty-fivfe per centum at the time of subscribing except 
money. And when the books of subscription to the capi- 
tal stock of said company shall be closed, the corporators 
named m the first section, or a majority of them, and, in 
case any of them refuse or neglect to act, then a maioritv 
nm meetings , remainder shall, within ten days thereafter, call the 
ofstSdSidf«°^6rst meeting of the stockholders of said company to meet 
within ten days thereafter for the choice of directors of 
which public notice shall be given for five days in two 
public newspapers published daily in the city of Washing- 
ton or by written or printed personal notice to each stock- 
holder by the clerk of the corporation. And in all meetings 
of stockholders each share shall entitle the holder to oSe 
vote, to be given in person or by proxy. 
Sec. IZ.Andheitfurthei^mdcted, That the government 

Director.. f ""^ ^^^''^f'' ?K ^^^^ ""^'^^^^ ^^ ^^^ company shall be vested 
"'^ in a board of directors, seven in number, who shall be 
stockholders, and who shall hold their oflSce for one vear 
and until others are duly elected and qualified to take'^their 
places as directors. And the said directors (a majority of 
Officers. ZCT' \ P/;^pd^"t being one, shall be a quorum) shall 
elect one of their number to be president of the board, who 
shall also be president of the company; and they shall also 
choose a treasurer, who shall give bonds with surety to said 
company in such sum as the said directors may require, for 
the faithful discharge of his trust. In case of a vacancy 
m the board of directors, by the death, resignation, or 
otherwise of any director, the vacancy occasioned thereby 
«y-l»wi ® c ^ *^^ remaining directors. ^ 

1. n u ^"^'/n"^ ^^ it further enacted. That the directors 
shall have full power to make and prescribe such bv-laws 
rules, and regulations as they shall deem needful and 
proper, touching the disposition and management of the 
Stock, property, estate, and effects of the company, not 
contrary to the charter, or to the laws of the United States 
and the ordinances of the city and count v of Washington: 
Provided, That the directors of said corporation shall have 
power to require the subscribers to the capital stock to 
pay the amount by them respectively subscribed at such 
time, after the first instalment, in such manner and in such 
amounts as they may deem proper; and if any stockholder 
shall refuse or neglect to pay any instalments, as required 
by a resolution of the board of directors, after reasonable 
notice of the same, the said board of directors may sell at 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. l73 



public auction, to the highest bidder, so many shares of 
said stock as shall pay said instalments, (and the highest 
bidder shall be taken to be the person who offers to pur- 
chase the least number of shares for the assessment due,) 
under such general regulations as may be adopted in the 
by-laws of said corporation, or may sue for or collect the 
same in any court of competent jurisdiction. , „ , 

Sec. 15. And he it further enacted. That there shall be 
an annual meeting of the stockholders, for choice of direc- 
tors, to be holden at such time and place, under such con- 
ditions, and upon such notice, as the said company in their 
by-laws may prescribe; and said directors shall annually 
make a report, in writing, of their doings to Congress 
and the stockholders. 

Sec. 16. And he it further enacted, That the mayor, 
council of said city, and the levy court of said county, and 
the several officers of these corporations, and the said cor- 
porations, are hereby prohibited from doing any act or 
thing to hinder, delay, or obstruct the construction or 
operations of said railway, as herein authorized. 

Sec. 17. And he it furthei^ enacted. That the said com- 
pany shall have at all times the free and uninterrupted use 
of the roadway. And if any person or persons shall wil- 
fully and unnecessarilv obstruct or impede the passage or 
destroy the cars, depot stations, or any other property 
belonging to said railway company, the person or persons 
so offending shall forfeit and pay for each such offence the 
sum of ten dollars to said company, to be recovered and 
disposed of as other fines and penalties in said city or 
county; and shall remain liable, in addition to said pen- 
alty, for any loss or damage occasioned by his, her, or 
their act, as aforesaid; but no suit shall be brought unless 
commenced within sixty days after such offence shall have 

been committed. 

Sec. 18. Andhe it further enacted. That unless said cor- 
poration shall make and comi)lete their said railway or 
railways between Pennsylvania avenue and Boundary 
street within eight months after the company shall have 
been organized, then this act shall be null and void, and no 
rio-hts whatsoever shall be acquired under it; and that the 
remainder of said road shall be completed within four years 
to its proposed terminus in the county of Washington. 

Sec. 19. Andhe it further enacted. That there shall be no 
regulations excluding any person from any car on account 

Sec. 20. And he it further enacted. That each of the 
stockholders in the Connecticut Avenue and Park Rail- 
road Company shall be individually liable for all the debt 
and liabilities of said company to an amount equal to the 
amount of stock held by such stockholder. , „ ^ ,, 

Sec. 21. Aiid he it further enacted. That it shall be the 
duty of said company, when said road is completed be- 
tween Pennsylvania avenue and Boundary street, to have 
prepared tickets for passengers on their cars, and to keep 



stock in ar- 
rears. 



Annual meet- 
ing. 




Report 



Construction 
and operation of 
road not to be 
hindered. 



Free use of 
roadway. 



Time for com- 
pletion. 



Exclusion from 



cars. 



Liability ol 
stockholders. 



Ticketa. 







* 



11 



174 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

them at their office for sale by the package, at the rate of 
ProvHons of c ^^ ^^"^^ ^"^ twent\- for one dollar. 

chartirif Wash- . ^^^' 22. And he it further enacted^ That all the provi- 
Geo'4?tSwn^ro"a^?.^^"« <^/ ^^^^ ^ct incorporating the Washington and 
made applicable trcorgetown Kailroad Company, requiring reports of ex- 
penditures, earnings, and otherwise, shall be applicable to 
the company herein incorporated, which shall make reports 
as in said act required. 
ciauL^^*^'"*^ Sec. 23. And he it further enacted, That all acts and 
parts Of acts heretofore passed, which are inconsistent 
with any of the provisions of this act, are, for the pur- 
poses of this act, hereby repealed, so far as the same are 
inconsistent herewith. 
Passed the House of Representatives May 8th, 1868. 
Attest: Edwakd M'Pherson, Clerk, 

By Clinton Lloyd, Chief Clerk 



Passed as here written, with the exception of an amend- 
ment inakmg the gauge of the road same as the Washing- 
ton and Georgetown instead of the Baltimore and Ohio 
Kailroad, as first drawn. 

Approved, July 13, 1868. 



Jan. 19, 1872. 



Union Kailroad Company. 



Union Raiirn«H /> f^ ^{^^ctedhy the Legislative Assemhly of the District of 
cSSlTnf 'f Oolumhia, ThatLe YisClephane, Hallet Rilbourn, Matthew 

poiitanR.R. Co.) Henry A Willard, A. P. Brown, Riley A. Shinn, Samuel 
fowler, Poulus Thysun, Thomas Lewis, John C. Parker, 
Robert C. Hevvett, P. M. Plowman, H. O. Hoyt, and H. T. 
Wisewell, and their associates and assigns, are created 
a body corporate, under the name of the '' Union Railroad 
Company with authority to construct and lav down a 
single or double-track railway, with the necessary switches 
and turnouts, in the cities of Washington and Georgetown, 
Route(ainend- ?" ^^^ ^'®^™* 5^ Columbia, through and along the follow- 
«>•) ing avenues and streets: Commencing at the junction of 

-fifteenth street and New York avenue, along Fifteenth 
.street to I street; along I street to Connecticut avenue: 
along Connecticut avenue to P street; along P street to and 
over the bridge crossing Rock creek at P street to West 
street, Georgetown; along West street to High street, and 
alongHigh street to Second, Third, or Fourth street; along 
becond, Third, or fourth street to Fayette or Warren 
street, with the privilege of passing through West street 
to Montgomery street, through Montgomery street to Stod- 
dard street, through Stoddard street to High street; alonor 
High street to Second, Third, or Fourth street; alon| 
becond, Third, or Fourth street to Fayette; along Fayette 



Fare. 



LAWS EELATING TO STREET-RAILWAY FRANCHISES. 175 

street to its intersection with High street; along High 
street to the northern boundary-line of Georgetown; also 
with the privilege of connecting with the Metropolitan Rail- 
road (by consent of said Railroad Company) at the corner 
of Seventeenth and H streets, and running up Seventeenth 
to Connecticut avenue; also a branch road, to be con- 
structed and run at the same time and in the same manner 
as the main road, commencing at the intersection of Nine- 
teenth street west and P street north, and running along 
said P street to Seventh street west; with the privilege of 
extending said branch road along P street to North Capi- 
tol street; along North Capitol street and the road leading 
therefrom to Glenwood Cemetery. And in case the com- 
pany incorporated by this bill connect their road, hereby 
authorized, with the Metropolitan Railroad at Seventeenth 
and H streets, they shall not be compelled by any provi- 
sions of this Charter to construct that portion of the road 
hereby authorized between the intersection of Connecticut 
avenue and Seventeenth street, and New York avenue and 
Fifteenth street; with the right to run public carriages on 
the road hereby authorized, drawn by horse power, re- 
ceiving therefor a rate of fare not exceeding five cents per 
passenger for any distance between the terminus of said 
railroad: Provided, That but a single track be laid on Fif- 
teenth street, between I street and Pennsylvania avenue. 
Sec. 2. And he it further enacted. That the said road 
shall be deemed real estate, and, together with the other 
real estate and personal property ot said company, shall 
be liable to taxation as other real estate and personal 
property, and subject to license for their vehicles or cars 
in the cities aforesaid the same as other railroad companies 
heretofore organized for like purposes are. 

Seo. 3. And he it further enacted, That the railway shall 
be laid in the center of the avenues and streets, unless 
otherwise directed bv the Board of Public Works, and 
said company shall conform to the grade of the streets and 
avenues in laying rails thereon. 

Sec. 4. And he it further enacted, That the company 
shall be bound to use the flat rail, similar to the one now 
used on Pennsylvania Avenue, to keep the streets between 
and for two feet on either side of its tracks paved and in 
good order, without expense to the District of Columbia, 
subiect to the approval of the Board of Public Works; and 
nothing in this act shall prevent the grade of any street or 
avenue from being altered by the government of the Dis- 
trict of Columbia at any time, and, in the event of a change 
of grade, the said railroad company shall change their 
track to conform therewith, at the expense of said company. 
Sec. 5. And he it further enacted. That this act may be 
altered or amended by the Legislature of the District of 
Columbia at any time, and the said company is not author- 
ized to issue any note, token, device, or scrip, or other 
evidence of debt to be used as currency. 



Taxation. 



License for 
cars. 



Conftruction. 



Rails. 



Amendment. 



Cars. 



Schedule. 



rooms 



176 LAW& BELATING TO STREET-RAILWAY FRANCHISES. 

®'°**- • Sec. 6. And he it further enacted^ That the capital stock 

of said company shall not be less than fifty thousand dol- 
lars, nor more than one hundred thousand dollars, and shall 
be divided into shares of fifty dollars each, and shall be 
deemed personal property, transferable in such manner as 
the by-laws of said company may direct. 

Sec. 7. A nd he it further enacted^ That the company shall 
place first-class cars on said railway for the convenience 
and comfort of passengers, and shall run cars thereon dur- 
ing day hours as often as every ten minutes, and during 
night hours, until twelve o'clock, as often as twenty minutes, 
«m8%te''*^"*P^ ^^^^ *^® company shall procure such passenger rooms, 
ticket offices, stables, and depots, at such points as the 
business of the railroad and the convenience of the public 
may require; and the company is hereby authorized to lay 
such rails through transverse or other streets, not exceed- 
ing two squares, as may be necessary for the exclusive pur- 

^^^nectingpose of connecting the said stables and depots with the 
mam tracks, and the said company is hereby authorized to 
purchase or lease such lands or buildings as may be neces- 
^ry for the passenger rooms, ticket offices, stables, and 
depots above mentioned. 

• By-laws. ^ec. a And he it further enacted. That the directors 

shall have full power to make and prescribe such by-law, 
rule, and regulation as they shall deem needful and proper 
touching the disposition and management of the stock, 
property, estate, and effects of the companv not contrary 
to the charter, or to the laws of the United States and the 

fr^^^'*^'' ordinances of the District of Columbia: Provided, That 
there shall be no regulation excluding any person from any 
car on account of color. 



8cri?tton. ^^ Sec. 9. Andhe it further enacted. That the incorporators 
of said road shall, within thirty days after the passage of 
this act, meet and organize, and open and keep open for 
two weeks books of subscription, at some place made 
known by advertisement in at least one daily paper pub- 
lished in the District of Columbia, to the capital stock of 
said company; and the said company shall organize and 
complete the line of said road within one year from the 
passage of this act. 

Approved. January 19, 1872. 






[Obsolete.] 



Jan. 19, 1872. AN ACT To incorporate the Boundary and Silver Spring Eailwav 

Company of the District of Columbia. 

Be it enacted hy the Legislative Assemhly of the District of 
^^e^^ilt f^^^'^^^f ' That Wm. Bell, EnosRay, Sr., C. Osborn, Abner 
Railway Com- Shoemaker, Thcodore Lay, F. Rohrer, B. T. Swart J Ford 
^Tab^^b'^by Thompson, Lewis Clephane, J. C. Lewis, William Thomp- 
MetKjpoiitan R. SOU M. Blair Jno. B. Clagett, J . H. McChesney , D. B. Car- 
penter, M. G. Emery, Jno. Saul, O. O. Howard, G. W. 



Route. 



Motive power. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 177 

Balloch, Simon Wolf, P. May, John Angerman, John 
Baker Smith, Richard Wallach, S. L. Phillips, John Van 
Riswick, A. B. Olin, Charles Stewart, Henry Glick, John 
Widmeyer, L. H. Hall, Charles Eble, Edward Engles, 
Casper Kneesi, Frederick Hughes, George Walker, Hugo 
Kandler, Ernest Schmidt, Christian Xander, G. Gussler, 
Louis Byers, George Killian, A. Spooks, Jacob Hasner, 
Charles Ruppert, Joseph Flynn, Edward Fordan, V. S. 
Moulton, D. P. Hickling, Ira Hopkins, and S. H. Wil- 
liams, and their associates and assigns, be, and they 
are hereby, created a body corporate, under the name of 
the Boundary and Silver Spring Railway Company, with 
authority to construct and lay down a single or double- 
track railway, with the necessary switches and turnouts, 
in the county of Washington, in the District of Columbia, 
along the following highway: Commencing at the point of 
intersection of Boundary street of Washington city and 
Rockville Turnpike, the same being a continuation of 
Seventh street west in the city of Washington, in said 
District; thence running northerly along the said highway 
to its intersection of boundary line of the District of Co- 
lumbia and the State of Maryland, with the right to run 
public carriages or cars, to be drawn either by steam, 
dummv engines, or horse-power, receiving therefor a rate 
of fare not exceeding five cents a passenger for transpor- 
tation to Rock Creek Church road, ten cents a passenger 
for transportation to Brightwood, and fifteen cents a pas- 
senger for transportation to the boundar}' of the District 
of Columbia: Provided, That steam power shall not be 
used on the said railway entering the city boundary. 

Sec. 2. And he it further enacted. That the said railway 
shall be constructed in such manner as will least interfere 
with the ordinary travel of said road, and subject to the 
approval of the Board of Public Works for said District; 
and the said corporation shall be bound to keep said track, 
and for the space of two feet beyond the outer rail thereof, 
and also the space between the tracks, well graveled or 
paved, and in good order, without expense to the District 
of Columbia, so as not to impede the general travel on said 
road by vehicles or otherwise. 

Sec' 3. And he it further enacted, That nothing in this 
act shall prevent the proper authorities from altering the 
grade or otherwise improving said highway, and in such 
event it shall be the duty of said company to change their 
said railway so as to conform to such grade; and if at any 
time such grade shall be changed for the benefit of said 
railway company any expenses that may be incurred by 
property -holders affected by such change of grade shall be 
borne by the said railway company. 

Sec. 4. And he it further enacted. That this act may at 
any time be altered, amended, or repealed by the Legisla- 
tive Assembly of the District of Columbia, or by the Con- 
gress of the United States. 

16400—05 12 



Construction. 



Change of 
grade. 



Amendment. 



178 LAWS BELATING TO STREET-BAIL WAY FBANCHISES. 



Stock. Sbc, 5. And he it further enacted^ That the capital stock 

of said company shall not be less than fifty thousand dol- 
lars, or more than two hundred thousand dollars, and the 
stock shall be divided into shares of twenty-five dollars 
each, and shall be deemed personal property, transferable in 
such manner as the by-laws of said company may direct, 
rooms! etef ^^^ S^c. 6. And he it further enacted^ That the said company 
shall provide such passenger rooms, ticket oflSce, stables, 
and depots as the business of the railroad and the con- 
venience of the public may require; and said company is 
authorized to lay such rails through such other roads as 
may be necessary for the exclusive purpose of connecting 
' • the said stables and depots with the main track; and the 
said company is hereby authorized to purchase or lease 
such lands or buildings as may be necessary for the 
purpose aforesaid. 

BcriJtSi ** to^"^ ^^^' '^' ^^^ ^^ ^^ further enacted. That within two months 
opened. after the passage of this act the corporators named in the 

first section, or a majority of them, or, if any refuse to act, 
then a majority of the remainder, shall cause books of sub- 
scription to the capital stock of said company to be opened, 
and kept open, in some convenient and accessible place or 
places m the city of Washington, for the period of (to be 
fixed by said corporation) not less than two weeks; and 
said corporation shall give public notice, by advertisement 
in not less than two daily papers published in the city of 
Washington, of the time when and the place where said 
books shall be opened, and subscribers upon said books to 
the capital stock of the company shall be held to be stock- 
holders: Provided, That every subscriber shall pay at the 
time of such subscribing twenty-five per centum of the 
amount by him subscribed to the treasurer appointed by 
the corporators, or his subscription shall be null and void. 
If, at the end of two weeks, a larger amount than the capi- 
tal stock of said company shall have been subscribed, the 
books shall be closed, and the said corporators named in 
the first section shall forthwith proceed to apportion said 
capital stock among the subscribers pi'o rata^ and make 
public proclamation of the number of shares allotted to 
each, wnich shall be done and completed on the same day 
the books are closed : Provided^ further^ That nothing shall 
be received in paj^ment of the twenty-five per centum, at 
the time of subscribing, except money. And when the 
books of subscription of the capital stock of said company 
shall be closed, the corporators named in the first sec- 
tion, or a majority of them, 7nay [and] in case any of them 
refuse or neglect to act, then a majority of the remainder 
of^S;kh™wira^ ®^^^^' within ten days thereafter, call the first meeting 
of the stockholders of the company, to meet within ten 
days thereafter, for the choice of seven directors, of which 
public notice shall be given for five days, in not less than 
two public newspapers published in the city of Washington. 
And in all meetings of stockholders each share shall entitle 
the holder to one vote, to be given in person or by proxy. 



LAWS BELATING TO STBEET-EAILWAY FBANCH1SE8. 179 



Officers. 



By-laws. 



Sec. 8. And he it further enacted. That the government ^^^^^'^^^^^'^t 
and direction of the affairs of the company shall be vested 
in a board of directors, seven in number, who shall be stock- 
holders, and who shall hold their office for one year, and 
until others are duly elected and qualified to take their 
places as directors. And the said directors, a majority of 
them, the president being one, shall constitute a quorum, 
shall elect one of their number to be president of the board, 
who shall also be president of the company; and they shall 
also choose a treasurer, who shall file bonds with security 
to said company, in such sum as the said directors may 
require, for the faithful discharge of their trust. In case 
of a vacancy in the board of directors by death, resignation, 
or otherwise, of any director, the vacancy occasioned 
thereby shall be filled by the remaining directors. 

Sec. 9. Andhe it further enacted, That the directors shall 
have full power to make and prescribe such by-laws, rules, 
and regulations as they shall deem needful and proper 
respecting the disposition and management of the stock, 
property, estate, and effects of the company, not contrary 
to this charter and the laws: Provided, That the directors 
of said corporation shall have power to require the subscrib- 
ers to th© capital stock to pay the amount by them respec- 
tively subscribed at such time, (after the first instalment,) 
in such manner and in such amounts as they may deem 
proper; and if any stockholder shall refuse or neglect to 
pay any instalments, as required by a resolution of the board 
of directors, after thirty days' notice of the same, the said 
board of directors may sell at public auction, to the highest 
bidder, so many shares of his said stock as shall pay said 
instalment, and the highest bidder shall be taken to be the 
person who offers to purchase the least number of shares 
for the assessment due, under such general regulations as 
may be adopted in the by-laws of said corporation, or said 
body corporate may sue and collect the same f roni any de- 
linquent subscriber in any court of competent jurisdiction. 

Sec. 10. Andheit farther enacted. That there shall be an .^Annual meet- 
annual meeting of the stockholders for choice of directors, 
to be holden at such time and place, under such conditions, 
and upon such notice as the said company in their by-laws 
may prescribe; and said directors shall annually make a 
report in writing of their doings to the Legislative Assem- 
bly of the District of Columbia. 

Sec. 11. ^^^J6^^Y/'^r?5A6'?v?iacif€6?, That the said company ,JJ^Jy;»«« °' 
shall have at all times the free and uninterrupted use of 
their roadway: Provided, That one-half the said road shall 
be completed within one year from the passage of this act, 
and the entire road complete within two years, in default 
of which this act shall be made null and void. rw.,„H««f«.m 

Sec. 12. And he it further enacted,That no person shall Exclusion irom 
be prohibited the right of travel on any part of said road, 
or ejected from the cars thereof, for any other cause than 
that of being drunk, disorderly, unclean, contagiously dis- 
eased, refusing to pay the legal fare exacted, or to comply 
with the general regulations of the company. 



cars. 



I 



180 LAWS EELATING TO STREET-RAILWAY FRANCHISES. 

Btikhoide^^^^SEC. 13. And he it further enacted. That each stock- 
holder in said company shall be liable individually for all 
the debts and liabilities of said company to an amount 
Ri ht to ex-^^^*^ ^^ ^^ amount of stock held by said^^stockholders. 

tend^road ° ^^" , Sec. 14. And he it furtJi^ enacted. That, should a ma- 
jority of the stockholders so elect, at any time within two 
years after the passage of this act, (provided for in sec- 
tion above,) the said company shall have the right to 
extend said road, either with single or double track, with 
the necessary switches and turn-outs, along the Rock 
Creek Church road, until it intersects with the Fourteenth 
Street road; thence southerly to Boundary Street; also 
along the new county road which intersects Fourteenth 
Street or Piney Branch road at or near Brown Springs; 
thence along Fourteenth Street road to anjd along Bound- 
ary Street. 

Approved, January 19, 1872. 

(Signed) H. D. Cook, Gov. 

Chas. S. Hulse, 
Speaker H. of Delegates. 

Wm. Stickney, 
President of the Council. 



May 18. 1872. Legislative, executive, and judicial appropriation act, 1873. 



Stats. 17, p. 84. 



Met. R. R. Co. 



Sec. 12. That the Washington and Georgetown Railroad 

Company and the Metropolitan Railroad Company be, and 

JcL'^from ca^J.^*^^^ ^^'^ ^^"^^"^^ required to remove their tracks, respec- 

itoi Grounds, tivcly, from the Capitol grounds, as hereby established, 

and to run the same as they may he directed, from time to 

time, by the officer in charge of the public buildings and 

grounds, as the grading and filling up of said grounds may 

render necessary. That a commission, consisting of the 

Secretary of the Interior, the chief engineer of the armv, 

and the officer in charge of public building and grounJs, 

is hereby authorized and directed to examine and report 

to Congress, prior to the second Monday of December next, 

a plan by which the locomotive railroad track in front of 

western entrance of the Capitol shall be removed, with due 

regard to the rights of all parties concerned, and by which 

proper connections with other railroads may be made. 

* * * * * 

Approved, May 8, 1872. 



March 3, 1875. 



Legislative, executive, and judicial appropriation act, 1876. 
Stats. 18. p. 385. * ♦ * and further, that the Washington and GcorgB- 
Met. R. R. Co. town and the Metropolitan Railway Companies are directed 

fckffrom cao^ ^^ ^^^® "P ^"^^^ portious of their tracks as may come in the 
^ way of the improvement of the Capitol Grounds and relay 
the same as may be directed by the officers in charge of 
the improvements of the Capitol Grounds. * * * 
Approved, March 3, 1875. 



tracks from Cap 
Itol Grounds 



LAWS RELATING TO STREET-RAILWAY FRANCHISES 181 



District appropriation bill, 1891. 

* * * * .* . 

Sec. 3. That anv street railroad company in the District 
of Columbia authorized to run cars drawn by horses, which 
has changed or may change its motive power on aiiy of its 
lines now constructed, to cable or electricity, or change its 
rails in accordance with the provisions of law, shall have 
the right to issue and sell, at the market price thereof, 
stock of said company t6 an amount necessary to cover the 
cost of making said changes, the cost of said changes and 
the amount of said stock sold, together with the price p-r 
share, to be fully set forth, under the oath of the President 
of said Company, and filed with the Commissioners of the 
District. And anv company availing itse f of the privileges 
herein granted shall within two years, wholly dispense 
with horses as motive power on all portions of its line and 
substitute therefor the power provided for in the act making 
appropriations for the expenses of the District of Colum- 
bia, approved March second, eighteen hundred and eighty- 
nine, or pneumatic or other modern motive power which 
shall be approved by the Commissioners of the District of 
Columbia, but nothing in this act contained shall in anywise 
authorize the use of overhead appliances: Provided., That 
if any such company operating a line or lines of street rail- 
road from Georgetown or West Washington to and beyond 
the Capitol grounds shall fail to substitute for horse power 
the power herein provided for on all its lines within two 
years from the date of this act, such company shall forfeit 
its corporate franchise. 
Approved, August 6, 1890. 



August 6. 1890. 
Stat««.26,p.310, 

Met. R. R. Co. 



Change of mo- 
tive power. 



Increase of 
stock. 



Horses to be 
dispensed with. 



Motive power. 



No overhead 
wires. 



Forfeiture 
clause. 

Time (extend- 
ed). 



Deficiency act, 1891. 



March 3, 1891. 
Stats. 26, p. 870. 



And the Metropolitan Railroad Company of the District ^et. r. r. co. 
of Columbia shall pay to the District of Columbia within 
eighteen months from the approval of this act the full 
amount of the judgment that was rendered against the said 
company by the supreme court of the District of Colum- 
bia at the suit of the said district, in cause numbered 
twenty-two thousand four hundred and fifty-eight, at law, 
on the dockets of said court, with the costs of said cause 
and interest on said amount from the date said judgment .^5|ySf^°* « 
was rendered until paid, and that upon the failure of the 
said company so to pay said amount, costs, and interest 
within the time aforesaid the charter of said company 
shall become forfeit, and all its rights, privileges, and 
franchises as a body corporate shall cease and determine. 
***** 

Approved, March 3, 1891. 






' 






I 

I 






182 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



July 22, 1892. 



Joint resolution. 



New carp 



Stats. 27, p. 399. rt j j r 

Mesolyed by the Senate and House of Representatives of 
Met. R. R. Co. ^^^ United IStates of America in Congress assembled^ That 
f oV^chang?^ fb^ ti"^6 within which th^ street railroad companies avail- 
motive power, ing themselves of the privileges granted by the act making 
appropriations to provide for the government of the Dis- 
trict of Columbia, and approved August sixth, eighteen 
hundred and ninety, so far as it extends to the Metropoli- 
tan Railroad, is hereby extended for one year from the 
date of the passage of this act: Provided, That so fast as 
the cars now building are equipped with storage batteries 
Cars shall ^^ ^^^J ^^^^l j^® placed on the road: And provided further, 
kept" in * good That pending the change the present equipment of the 
condition. road shall be put, and kept and maintained in good condi- 
tion; and any failure to comply with any of the foregoing 
requirements as to equipment shall rencler the said Metro- 
politan Railway Company liable to a fine of not exceeding 
twenty-five dollars for each day so in default, to be recov- 
ered by the Commissioners of the District of Columbia, as 
other tines are recovered in the District of Columbia. 

Sec. 2. Congress reserves the right to alter, amend or 
repeal this act. 

Approved, July 22, 1892. 



Amendment. 



July 28, 1892. 
Stats. 27, p. 290. 



Deficiency bill, 1892. 



re^llred ■ t^' ^rt ^^^"^ ^^^ Metropolitan Railroad Company is hereby 
Erid e^vlrR^Jk^^^"^^^^ ^^ repair the bridge across Rock Creek at r 
creel!^^^"^ "^ street, in the District of Columbia, at a cost of not exceed- 
ing fifteen thousand dollars. Said repairs to make the 
bridge sufliciently strong to allow the passage of storage- 
battery cars of the said company, and to be made under 
the direction of the Engineer Commissioner of the District 
of Columbia, and in accordance with plans and specifica- 
tions prepared by him. 

♦ * » ♦ » 

Approved, July 28, 1892. 



August 2, 1894. AN ACT To authorize the Metropolitan Railroad Company to change 
stats. 28, p. 217. ^^ motive power for the propulsion of the cars of said company. 

Be it enacted hy the Senate and House of Representatives 

charter^'amend^ ^f^^^ United States of America in Congress assembled, That 

ed. the Metropolitan Railroad Company, incorporated under 

the Act of Congress approved the first day of July, anno 

Domini eighteen hundred and sixty-four, be, and the same 

provK." ^'^ *^ ^s hereby, required to cease to use on its lines running east 

and west each and every closed car that has been in use on 

any of its lines for three years or more, and shall substitute 

therefor new cars of the most approved pattern. Failuie 



LAWS RELATING TO STEEET-BAILWAY FRANCHISES. 183 

to comply with the provisions of this section within ninety 
days from the approval of this Act shall subject the said 
companv to a fine of twenty-five dollars for each and every 
day during which the company neglects or refuses to make 
the substitution of new cars as herein specified, which fine 
may be recovered by the Commissioners of the District of 
Columbia in any court of competent jurisdiction. 

Sec. 2. That the said Metropolitan Railroad Company tive *XS ™i2: 
be, and the same is hereby, authorized, empowered, andquirei 
required to equip and operate the lines of its cars upon 
and along all the streets and avenues of the cities of Wash- 
ington and Georgetown, within the District of Columbia, 
where the lines of its road or any part thereof are now laid 
and operated, and as hereinafter provided, with an under- 
ground electric system for propulsion of such cars: Pro- 
vided, That the change to an underground system shall be 
completed upon its north and south line within one year 
and upon its east and west line within two years after the 
approval of this Act: Provided there shall be completed ^Extension of 
an extension thereof on East Capitol street from Ninth 
street east to Fifteenth street east, around both sides of 
Lincoln Square, and also. an extension from Ninth street 
west northwesterly on Florida avenue to Tenth street west. 
And in default of such completions all Acts or parts of 
Acts chartering or extending the said road are hereby 
lealed. 



Time. 



re 



Bonds. 



Case of D. C. vs. 
Met. Co. referred 



...EC. 3. That the said company is hereby authorized and 
empowered to issue its bonds, secured by a mortgage on its 
franchises and other property, to such amount as may be 
necessary to pay the cost of the work to be done and of the 
materials required and the expenses incident to the change 
to be made as provided in this Act, but not in excess of 
such cost. And said bonds shall not be sold or disposed 
of at less than their face or par value. 

Sec. 4. That a transcript of the record of the case of the ^^^ ^^ ^^,^,,^ 
District of Columbia against the Metropolitan Railroad to court of ap- 
Company of the District of Columbia, at law Numbered ^^^ 
Twenty -two thousand four hundred and fifty-eight, in the 
Supreme Court of the District of Columbia, together with 
the original papers and record entries therein, duly certi- 
fied, shall, by appropriate orders duly entered of record, be 
transferred and delivered to the Court of Appeals of the 
District of Columbia, which said Court of Appeals is hereby 
vested with original authority and jurisdiction to hear and 
determine said case without a jury upon the pleas and 
issues and proofs therein other than the pleas and issues 
relating to the statute of limitation or plea of failure of 
notice to said company of any act required of it, and to de- 
termine from and upon said record and pleadings and proofs 
therein contained, and such other proof in the course of 
said hearing as said court may determine to be necessary in 
order to dispose of the case upon its merits, what, if any, 
indebtedness is due to the District of Columbia from the 
said railroad company in respect of the cause of action 









i 






184 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

•stated in the declamtions filed in said case, assuming that 
due and proper notice has been given to said company of 
all acts reauired in the premises, and to enter judgment 
agamst said company in favor of the District of Columbia 
for any sum or sums of money that said Court of Appeals 
shall hnd due from said company in respect of said cause 
ot action, for the amount of which said judgment execu- 
tion may issue out of said court, and said judgment shall 
immediately become a lien upon all the property of said 
company, to be enforced in the manner now provided by 
law for the enforcement of other liens, and shall be paid 
withm ninety days from the date thereof: Provided, That 
unless said company shall file in said Court of Appeals its 
consent m writing to the aforesaid transfer of the said 
^se, and also a waiver of all its rights and defenses under 
the statute of limitation and from want of notice as here- 
inbefore provided for, and also a waiver of all rights, bene- 
hts, advantages, and defenses that it has or may have by 
reason of the decision and judgment of the Supreme Court 
ot the United States made and entered in said case within 
thirty days after the approval of this Act, then all rights 
granted to said company by this Act shall cease and be 
determined: Provided, That the judgment of the said Court 
of Appeals shall be final and that there shall be no appeal 
t\i^^^\Yom'. And provided further. That the cost of said 
transfer and of the hearing of said ca^e in the Court of 

Transfer ar- ^?P^^^1 ^H?;" ^^ ?^^^^^' ^^^^ r^^X^O^^ Company. 

rangementswith^ ^EC. 5. ihat the Metropolitan Railroad Comoanv is 
conneaxng lines hereby authorized and required immediately to nmke 
reciprocal transfer arrangements with street railroad com- 
panies whose lines now connect with its lines, and to fur- ' 
nish such facilities therefor as the public convenience may 
require. Upon the completion of the underground electric 
system provided for in this Act the said Metropolitan Rail- 
road Company is hereby further authorized and required to 
trackil!^'^'*^6n*^^intoreciprocaltrackagearrangementswit 

roads. Ihe schedules and compensation shall be mutually 
agreed upon between the said Metropolitan Railroad Com- 
pany and the companies with whose lines its lines connect- 
and m any case of failure to reach such mutual agreement 
the matters m dispute shall be determined by the supreme 
court of the District of Columbia, upon petition filed by 
either party: Provided, That every street railway company 
in the District of Columbia whose lines connect, or whose 
lines may hereafter connect, with the lines of any other street 
railway company, is hereby subjected to the same require- 
ments as to transfers and trackage arrangements, and upon 
^TIC^^^.^^"^^' as in this section provided in the case 
of the Metropobtan Railroad Company and the lines con- 
necting therewith. 
^Tax on horse Sec. 6. That ou and after one year from the approval of 
this Act the Metropolitan Railway Company shall pay to 
the District of Columbia, in addition to all other taxes now 
required to be paid by said company, an annual tax of ^\^ 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 185 

hundred dollars for each and every car operated by horses 
on that portion of its lines known as the Ninth Street line; 
and on and after two years from the approval of this Act 
the said railway company shall pay, in addition to all other 
taxes now required to be paid by said company, an annual 
tax of five hundred dollars for each and every car operated 
by horses on any line owned or controlled by the said com- 
pany. . li. J Amendment. 

Sec. 7. That Congress reserves the power to alter, amend, 
or repeal this Act. 
Approved, August 2, 1894. 



Feb. 26, 1895. 
Stats. 28, p. 682. 



Commissioners 
D. C. to locate 



AN ACT To amend the charter of the Metropolitan Railroad Com- 
pany of the District of Columbia. 

Be it enacted hy the Senate and House of Bepresentatives 
of the United States of America in Congress assembled, ^^^t ^^fvSZcT, 
the charter of the Metropolitan Railroad Company of the charter amend- 
District of Columbia be, and the same is hereby, amended Extension of 
so as to authorize and require the said company to lay '^^^^ ^^^y^^- 
down from the intersection of Four-and-a-half and L 
streets, southwest, along Four-and-a-half street to P street 
south, a single track of underground electric road for the 
propulsion of its cars, thence west along P street with said 
single track to Water street, thence northwesterly along 
Water street >yith said single track to L street, thence east 
along L street with said single track to its double tracks at 
the intersection of Four-and-a-half and L streets, south- 
west, and thence north by said company's double tracks as 
now located into its depot on Seventh street extended. 

Sec. 2. That the Commissioners of the District of Colum 
bia shall locate the said track on Four-and-a-half, P, Water, t''^^^^ 
and L streets so as best to subserve the public convenience, 
and may in their discretion locate the same on Water street 
for such distance as they may deem best on the east track 
of the Belt Line Railway Company, so that the two com- 
panies may mutually and profitably use the space of street ^^ ^^ ^^ 
occupied by the said east track. The said Belt Line Rail- Beit Ry. % Met. 
way Company and the Metropolitan Railroad Company shall ^^ • 
each have the right to apply to the supreme court of the Dis- 
trict of Columbia to fix a just and equitable compensation 
for any rights which may be affected by this law, and said 
court shall have power to issue execution to enforce its 

judgment. . Extension of 

Sec. 3. That the said Metropolitan Railroad Company is route in oeorge- 
hereby authorized and required to lay down and continue town, 
its underground electric construction of single track from 
the intersection of P and Thirty -fifth streets, northwest, 
thence running west along P street to Thirty-sixth street, 
thence south on Thirty-sixth street to Prospect avenue, 
thence east on Prospect avenue to Thirty-fifth street, thence 
north on Thirty-fifth street to O street, thence east con- 
tinuing its route as now located. 



Ill 



186 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



Number of di- 
rectors In- 
creased. 



tickets. 



Sec. 4. That the number of directors of said company 
shall be mcreased from seven to nine members. 

Sec. 5. That the Brightwood Railway Company, the 
Kock Creek Railway Company, and the Georgetown and 
Tennallytown Railroad Company be, and they are hereby 
sai^of coupon respectively, authorized and required to sell four coupon 
tickets for twenty-five cents, good for one continuous ride 
m the District of Columbia over the lines of said companies 
respectively, and the lines of the Metropolitan Railroad 
Company, and the said suburban roads shall redeem the 
tickets collected by the Metropolitan Railroad Company, at 
the rate of two and one-half cents for each coupon ticket 
presented by the said Metropolitan Railroad Company. 
Any of the aforesaid railroad companies which shall refuse 
to make sale of tickets or to accept tickets so sold as herein 
provided for, shall be liable to a fine of fifty dollars for 
each such violation, to be recovered in the police court 
(^ the District of Columbia as other fines are recovered: 
Provided, That the proceeding for the collection of such 
penalty shall be commenced within thirty days from the 
date of the alleged refusal. The supreme court of the 
District of Columbia shall have, and it is hereby given 
authority and jurisdiction to enforce the requirements and 
provisions of this section in respect of the sale of tickets 
on the petition of either of the aforesaid railroad compa- 
e/atfor wu^ P^f or any citizen of the District of Columbia. And power 
Eock creek Ry. IS hereby given to the Metropolitan Railroad Company and 
the Rock Creek Railway Company to contract with each 
other for the purchase, sale, lease, or joint operation of the 
line of said Rock Creek Railway Company on Florida ave- 
nue and U street, or any part thereof. 

Sec. 6. That this Act shall take effect in thirty days 
after its passage. 

Approved, February 26, 1895. 



Feb. 27. 1897. AN ACT To authorize the extension of the lines of the Metropolitan 

Kailroad Company, of the District of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United states of Americain Congress assemUed, That 
the Metropolitan Railroad Company be, and it is hereby 
authorized and required within six months from the date 
of the approval of this Act to extend the lines of its under- 
ground electric railroad from the intersection of Connecti- 
ex^lSSS!*'"^''j^"*^n^.^l«rida avenues northward along Columbia road 
to a i)omt on the west line of Eighteenth street extended: 
Provided That the said company is hereby authorized to 
issue and sell such an amount of its capital stock as will 
at the market value thereof, cover the cost of construction 
and equipment of the extension herein provided for. 
Approved, February 27, 1897. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 187 

AN ACT Authorizing and requiring the Metropolitan Railroad Com- Ji^ee. im 
pany to extend its lines on old Sixteenth street. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled. That 
the Metropolitan Railroad Company of the District of 
Columbia be, and the same is hereby, authorized and 
required to extend by double tracks the lines of its under- 
ground electric railroad from its present terminus at the 
intersection of Eighteenth street and Columbia road east- 
erly along Columbia road to the present Sixteenth sti-eet ^^f ^^^^^"entS 
northwest, thence north along Sixteenth street to Fark street. 
street: Provided, That no cars shall be switched m the bwxtcMng. 
streets after the expiration of two years from the passage 

^ Sec! 2.''That before such extension shall be constructed ^Columbia road 
Columbia road shall be widened to a width of one hun- 
dred feet, the present Sixteenth street shall be widened 
to a width of eighty-five feet from Columbia road to Park 
street, and in such widening the building restriction line 
on the eastern side of said street shall be taken as far as 
practicable to form the eastern side of said street when 
widened; and also sufficient land shall be acquired at the 
northwesterly corner of Columbia road and Sixteenth 
street so as to allow the street-railway tracks to be laid 
wholly without the roadway of Sixteenth street as extended 
according to the highway extension plans; all in accord- ^^^^ 
ance with plans to be prepared by the Commissioners of 
the District of Columbia; and the said Commissioners ^commj^io^^^^ 
shall institute in the supreme court of the District ot to extend six- 
Columbia, sitting as a district court, by petition, particu- Sf^ ^. ^ 
larly describing the lands to be taken, a proceeding in 
rem to condemn the land that may be necessary for the 
extension of Columbia road and the present Sixteenth 
street as herein provided, with a width of one hundred 
feet: Provided, That the said Commissioners are author- 
ized and empowered to locate the lines of the railroad of 
said company within the area so to be acquired as afore- 
said: And movided further, That the operation of the ^oper^tion^.^of 
cars of the Metropolitan Railroad within the ^aP^ol Grounds^^to^^.be 
grounds shall be under the control of the Architect or tae tenaent of capi- 
Capitol: And provided further. That no tracks shall betoi^^ ^^^^^^ ^„ 
laid on any portion of the roadway of Sixteenth street asne^^ sixteenth 
extended according to the highway extension plans. 

Sec. 3. That the extensions of the lines of the Metro- 
politan Railroad Company herein provided for shall be 
completed and put in operation within one year f ronri the ^^ijme of com- 
date of the widening of said highways as herein provided, 
and said Company shall deposit with the collector of taxes Deposits. 
of the District of Columbia such sums as are necessary t6 
pay the cost of inspection of said work. 

Sec. 4. That of the amount found to be due and awarded 
as damages for and in respect of the land condemned for Damages. 
the extension of Columbia road and the present Sixteenth 



I 



188 LAWS RELATING TO STREKT-RATLWAY FRANCHISES. 



Portion to be 
paid by railroad 
company. 



Assessment of 
benefits. 



Commissioners 
given power to 
reject award. 



Condemnation 
proceedings. 



street, as herein provided, such proportional amounts 
thereof as the ]ury hereinafter provided shall determine 
shall be assessed by said jury as benfits, and to the extent 
of such benefits, against respectively the Metropolitan 
street Kailroad Company, and collected as special assess- 
ments are collected, and against those pieces or parcels of 
land on each side of said Columbia road and the present 
Sixteenth street northwest along those portions of said 
streets that are to be widened, and also on any or all pieces 
or parcels of land which will be benefited by the extension 
of said Columbia road and the present Sixteenth street 
northwest as said jury mav find said pieces or parcels of 
land will be benefited; and in determining the amounts to 
be assessed against said pieces or parcels of land the jury 
shall take into consideration the respective situations of 
such pieces or parcels of land and the benefits they may 
severally receive from the extension of Columbia road as 
aforesaid: Provided, That if the aggregate amount of the 
benefits to be assessed against those pieces or parcels of 
land on each side of said Columbia road and the present 
Sixteenth street northwest along those portions of said 
streets that are to be widened, and also on any or all pieces 
or parcels of land which will be benefited by the extension 
of said Columbia road and the present Sixteenth street 
northwest as said jury may find said pieces or parcels of 
Jand will be benefited, as determined by said jury pursu- 
ant to the provisions hereof, is less than one-half of the 
amount of the damages awarded for and in respect of the 
land condemned, the Commissioners of the District of 
Columbia may in their discretion, within thirtvdays after 
the tiling of said award, reject the award and "^assessment 
of said jury, and all proceedings hereunder shall be null 
and void. 

Sec. 5. That the said court shall cause public notice of 
not less than ten days to be given of the filing of said pro- 
ceedings, by advertisement in such manner as the court 
shall prescribe, which notice shall warn all persons having 
any interest m the proceedings to attend court at a day 
to be named in said notice and to continue in attendance 
until the court shall have made its final order ratifying 
and confirming the award of damages and assessment of 
benefats of the jury; and in addition to such public notice 
said court, whenever in its judgment it is practicable to 
do so, may cause a copy of said notice to be served bv 
the marshal of the District of Columbia, or his deputies 
upon such owners of the land to be condemned as may be 
found by said marshal, or his deputies, within the District 
of Columbia. 

Sec. 6. That after the return of the marshal and the 
hling of proof of publication of the notice provided for 
m the preceding section, said court shall cause a jury of 
seven judicious, disinterested men, not related to any per- 
son interested m the proceedings, and not in the service 
or employment of the District of Columbia or of the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 189 

United States, to be summoned by the marshal of the 
District of Columbia, to which jurors said court shall 
administer an oath or affirmation that they are not inter- 
ested in any manner in the land to be condemned nor are condemnation 
in any way related to the parties interested therein, and p'^^^'^*^*^- 
that they will, without favor or partiality, to the best of 
their judgment, assess the damages each owner of land 
taken may sustain bv reason of the extension of said street 
and the condemnation of lands for the purposes of such 
extension, and assess the benefits resulting therefrom as 
hereinbefore provided. The court, before accepting the 
jury, shall hear any objections that may be made to any 
member thereof, and shall have full power to decide upon 
all such objections, and to excuse any juror or cause any 
vacancy in the jury, when empaneled, to be filled; and 
after said jury shall have been organized and shall have 
viewed the premises, said jury shall proceed, in the pres- 
ence of the court, if the court shall so direct, or otherwise 
as the court may direct, to hear and receive such evidence 
as may be offered or submitted on behalf of the District 
of Columbia and by any person or persons haying any 
interest in the proceedings for the extension of said street. 
When the hearing is concluded the jury, or a majority of 
them, shall return to said court, in writing, its verdict of 
the amount to be found due and payable as damages sus- 
tained by reason of the extension of said street under the 
provisions thereof, and of the pieces or parcels of land 
benefited by such extension and the amount of the assess- 
ment for such benefits against the same. 

Sec. 7. That if the use of a part only of any piece or 
parcel of ground shall be condemned, the jury, in deter- 
mining its value, shall not take into consideration any 
benefits that may accrue to the remainder thereof from 
the extension of said street or highway, but such benefits 
shall be considered in determining what assessment shall 
be made on or against such part of such piece or parcel of 
land as may not be taken as hereinbefore provided. 

Sec. 8. That the court shall have power to hear and 
determine any objections which may be filed to said verdict 
or award, and to set aside and vacate the same, in whole 
or in part, when satisfied that it is unjust or unreasonable, 
and in such event a new jury shall be summoned, who shall 

Eroceed to assess the damages or benefits, as the case may 
e, in respect of the land as to which the verdict may be 
vacated, as in the case of the first jury: Provided, That if 
vacated in part, the residue of the verdict and award as to 
the land condemned or assessed shall not be affected tjiereby: 
And provided further, That the exceptions or objections 
to the verdict and award shall be filed within thirty days 
after the return of such verdict and award. 

Sec. 9. That when the verdict of such jury shall have 
been finally ratified and confirmed by the court, as herein 
provided, the amounts of money awarded and adjudged 



190 



LAWS EELATING TO STREET-RAILWAY FRANCHISES. 



Lien. 



V|; 



.to be payable for lands taken under the provisions hereof 
shall be paid to the owners of said land by the Treasurer 
ot the United States, ex officio commissioner of the sinking 
fund of the District of Columbia, upon the warrant of the 
Commissioners of said District, out of the revenues of the 
District of Columbia; and a sufficient sum to pav the 
amounts of said judgments and awards is hereby appro- 
priated out of the revenues of the District of Columbia. 

feEc. 10. That when confirmed by the court the several 
assessments herein provided to be made shall severally be 
a hen upon the lana assessed, and shall be collected as 
special improvement taxes in the District of Columbia 
and shall be payable in four equal annual installments! 
with interest at the rate of four per centum per annum 
f roih the date of confirmation until paid. That said court 
may allow amendments in form or substance in any peti- 
tion, process, record, or proceeding, or in the description 
of property proposed to be taken, or of property assessed 
tor benefits whenever such amendments will not interfere 
with the substantial rights of the parties interested, and 
any such amendment may be made after as well as before 
the order or judgment confirming the verdict or award 
aforesaid. 

Sec. 11 That each juror shall receive as compensation 
the sum of ^ve dollars per day for his services during the 
time he shall be actually engaged in such services under 
the provisions hereof. 
Appropriation. Sec. 12. That the sum of three hundred dollars is hereby 
appropriated, out of the revenues of the District of Colum- 
bia, to provide the necessary funds for the costs and ex- 
penses of the condemnation proceedings taken pursuant 
nereco. 

Sec. 13. That no appeal by any interested party from 
the decision of the supreme court of the District of Colum- 
bia confarmmg the assessment or assessments for benefits 
or damages herein provided for, nor any other proceedings 
at law or in equity by such party against the confirmation 
of such assessment or assessments, shall delay or prevent 
the payment of the award to others in respect to the prop- 
^^}y J^^^^^^^^^ nor the widening of such streets: Pro- 
vided however, That upon the final determination of said 
appeal or other proceeding at law or in equity the amount 
found to be due and payable as damages sustained by reason 
of the widening of the streets under the provisions hereof 
shall be paid as hereinbefore provided. 

Sec. 14. That Congress reserves the right to alter 
amend, or repeal this Act. 

Approved, June 6, 1900. 



Appeal. 



Route. 



i 



WASHINGTON, ALEXANDRIA AND MOUNT VEENON ELECTEIC 

EAILWAY COMPANY. 

AN ACT To authorize the Washington, Alexandria and Mount Vernon August 23. 1894. 
Electric Railway Company to extend its line of road into and within 28 d 494 

the District of Columbia, and for other purposes. ou* . , f- 

Be it enacted hy the Senate and Rouse of Representatives 
of the United States of America in Congress assernUed That ^lYx'fSdSf *and 
the Washington, Alexandria and Mount Vernon Electric Mount^vejnon 
Railway Company, a body incorporated under the laws ot company, ex- 
the State of Virginia, be, and is hereby, authorized to con- tension of tracks 
struct and lay down a double-track street railway, except 
as hereinafter provided, with the necessary switches, turn- 
outs, and other mechanical devices, the number and location 
of which shall be approved by the Commissioners of the 
District of Columbia, said street railway to be constructed 
and laid down through and along the following routes: 

Commencing on B street, between Seventh and Eighth 
streets northwest, at a point to be designated by the Com- 
missioners of the District of Columbia, thence westward 
along B street to Thirteen-and-a-half street, thence north- 
ward on Thirteen-and-ahalf street to E street by single 
track, thence westward on E street to Fourteenth street 
on a single track, thence southward on Fourteenth street 
using the tracks of the Belt Line Street Railway, to the 
Potomac River, thence across the Potomac River by a 
suitable ferry or transfer barge to the Virginia shore, with 
the privilege of a double track on B street from Thirteen- 
and-a-half street, connecting with the Belt Line Street 
Railway tracks at Fourteenth street. 

And said company is authorized to construct its road 
across the tracks of the Pennsylvania Railroad at or near 
the long bridge, under such regulations as may be pre- 
scribed by the Commissioners of the District of Columbia. 

And the said Washington, Alexandria and Mount Ver- 
non Electric Railway Company is hereby authorized and 
empowered to construct and maintain, after acquiring title 
to the same, at the foot of Fourteenth street, a necessary 
landing and slip for the operation of a ferryboat or transfer Ferry dips and 
steamer, said landing and slip to be constructed on plans «* • 
approved by the Secretary of War, and for the purpose of 
connection to use an overhead wire for a distance of not 
exceeding four hundred feet, commencing at the extreme 
southern end of the slip. 

And said company is also authorized and empowered to 
construct, maintain, and operate, subject to the supervi- 

191 



Crossings. 



streets. 



Route on coun- 
try road. 



Construction. 



192 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

,sion of the Commissioners of the District of Columbia, a 
double-end steamboat or transfer barge for the transfer of 
its cars, with all the modern improvements for the safety 
and protection of its passengers: Provided, That the said 
company be authorized to condemn for its use for said 
landing and slip, as provided for in this Act, a space not 
exceeding one hundred and fifty by two hundred feet. 
Widening of Sec. 2 That whenever the roadway of any street occu- 
pied by the said railway company is widened, one-half of 
the cost of widening and improvement of such widened 
part shall be charged to the said railway company, and 
collected from said company in the same manner as the 
cost ot laying or repairing pavements lying between the 
exterior rails of the tracks of street railways, and for a 
distance of two feet from and exterior to such track or 
tracks on each side thereof, is collectible under the provi- 
sions of section ^\q of the Act entitled ''An Act providing 
a permanent form of government for the District of 
Columbia, approved June eleventh, eighteen hundred and 
seventy-eight." 

Sec. 3. That when the route described coincides with 
that of a country road of less width than sixty-six feet, the 
railway shall be constructed entirely outside the road. 

bEC. 4. That the said railway shall be constructed in a 
substantial and durable manner; and all rails, electrical and 
naechanical appliances, conduits, stations, and so forth, 
^^:l V^\ approved pattern, and subject to the approval 
ot the District Commissioners. 

Sec. 5. That the said corporation shall at all times keep 
the space between its tracks and rails and two feet exterior 
thereto m such condition as the Commissioners of the 
Uistrict of Columbia or their successors may direct and 
whenever any street occupied by said railway is paved or 
repaired or otherwise improved the said corporation shall 
bear all the expense of improving the spaces above de- 
scribed, bhould the said corporation fail to comply with 
the orders of the Commissioners the work shall be done 
by the proper officials of the District of Columbia and the 
amounts due from said corporation shall be collected as 
provided by section ^yq of the Act entitled ''An Act pro- 
viding a permanent form of government for the District 
ot Columbia, approved June eleventh, eighteen hundred 
and seventy-eight." But no overhead wires shall be used 
or constructed except as hereinbefore provided nor shall 
steam power be used within the limits of the city of 
Washington: Provided, That the tracks of said road shall 
not be used for the transportation of any cars other than 
those used for the transportation of passengers on street 
railways. 

^ ^f%^,\ That nothing in this Act shall prevent the Dis- 
trict of Columbia at any time, at its option, from alterino- 
the grade of any avenue, street, or highway occupied bv 
said railroad, or from altering and improving streets, ave- 



Paving, 



Ch anpe 
grades, etc. 



of 



Trenches. 



Deposit fo: 
water mains. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 193 

nues, and highways, and the sewerage thereof; in such 
event it shall be the duty of said company at once to change 
its said railway and the pavement so as to conform to such 
crrades and improvements as may have been established. 
° Sec 7. That it shall be lawful for said railway company, 
its successors or assigns, having first obtained the permis- 
sion of the Commissioners of the District of Columbia, to 
make all needful and convenient trenches and excavations 
in any of said streets or places where said company may 
have the right to construct and operate its road, and place in 
such trenches and excavations all needful and convenient 
devices and machinery for operating said railroad in the 
same manner and by the means herein provided, but shall 
forthwith restore the streets to a like good condition as 
they were before. But whenever such trenches or excava- 
tions shall interfere with any sewer, gas, or water pipes, 
or any subways or conduits, or any public work of the 
kind which has been ordered by the Commissioners, then 
the expense necessary to change such underground con- 
struction shall be borne by the said railroad company. 

Sec. 8. That the said company shall, before commencmg 
work on said railroad on such street, deposit with the 
Treasurer of the United States to the credit of the Wl b- 
ington Aqueduct such sum as the Secretary of War may 
consider necessary to defray all the expenses that may be 
incurred by the United States in connection with the in- 
spection of the work of construction of said railroad on such 
street, and in making good any damages done by said com- 
pany, or its works, or by any of its contracting agents, to 
any of said mains, fixtures, or apparatus, and in completing, 
as the Secretary of War may consider necessary, any of the 
work that the said company may neglect or refuse to com- 
plete, and that the Secretary of War may consider neces- 
sary for the safety of said mains, fixtures, or apparatus, and 
the said company shall also deposit as aforesaid such further 
sums for said purposes at such times as the Secretary of 
War may consider necessary: Provided, That the said sum 
shall be "disbursed like other moneys appropriated for the 
Washington Aqueduct, and that whatever shall remain of 
said deposits at the end of one year after the completion 
of said railroad in such street shall be returned to said com- 
pany on the order of the Secretary of War, with an account 
of its disbursement in detail: And provided also. That dis- 
bursements of said deposits shall, except in cases of enaer- 
gency, be made only on the order of the Secretary of War. 
The exercise of the rights by this Act granted are to termi- 
nate at the pleasure of the S^ecretary of War in case of per- 
sistent neglect by said company, or by its successors, to 
make the deposits, or to comply with any of the conditions, 
requirements, and regulations aforesaid. 

Sec. 9. That it shall also be lawful for said corporation, 
its successors or assigns, to erect and maintain, upon pri- 
vate grounds, at such convenient and suitable points along 

16400—05 13 



etc 



Engine faousef^ 



I 



Motive power. 



Crossings. 






194 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

, its lines as may seem most desirable to the board of direct- 
ors of the said corporation and subject to the approval of 
the said Commissioners, an engine house or houses, boiler 
house, and all other buildings necessary for the successful 
operation of a street railway. 
menTand ""cSml ^^^' ^^' ^^at the said railroad shall be commenced within 
pietion. ^^^y^l *"^ completed within two years from the passage 

or mis xxct). 

Sec. 11- That the said company shall run street railway 
cars propelled by underground cable or underground elec- 
tric power: Provided, That for the purpose of making a 
continuous connection over the route herein before described 
and designated the said company shall have the right to 
cross all streets, avenues, and highways that may be alon^ 
coinciding the designated route: Provided, That whenever the fore- 
going route or routes may coincide with the route or routes 
of any duly mcorprated street-railway company in the 
District of Columbia the tracks shall be used by both com- 
panies, which are hereby authorized and empowered to use 
such tracks m common, upon such fair and equitable terms 
. . as may be agreed upon by said companies ; and in the event 
the said companies fail to agree upon equitable terms, either 
of said companies may apply by petition to the supreme 
court of the District of Columbia, which shall imme(fiatelv 
provide for proper notice to and hearing of all parties 
interested, and shall have power to determine the terms 
and conditions upon which and the regulations under which 
the companv hereby incorporated shall be entitled so to use 
and enjoy the track of such other street railway companv 
and the amount and manner of compensation to be paid 
therefor: And provided further, That neither of the com- 
panies using such track in common shall be permitted to 
make the track so used in common the depot or general 
stopping place to await passengers, but shall onlv be 
entitled to use the same for ordinary passage of its cars 
with the ordinar;^ halts for taking up and dropping off 
passengers: Provided, That this shall not apply to or inter- 
fere with any station already established on any existing 
lines; that said corporation is authorized and empowered 
to propel its cars over the line of any other road or roads 
which may be in the alignment with and upon such streets 
as may be covered by the route or routes as prescribed in 
this Act, in accordance with the conditions hereinbefore 
contained; and that this corporation shall construct and 
repair such portions of its road as may be upon the line or 
routes of any other road thus used; and in case of anv 
disagreement with any company whose line of road is thus 
used, such disagreement may be summarily determined 
upon the apphcation of either road to any court in said 
p a 8 8 e n e r ^ ^ ^'^^^ having Competent jurisdiction. 
houseland tains' p^c. 12. That the Said company shall furnish and main- 
fer stataons. tain passenger houses and transfer stations as required bv 
the Commissioners of the District of Columbia but no such 



Speed. 



Removal of ice 
and snow. 



Articles left in 
cars. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 195 

passenger house or transfer station shall be built upon the 
public streets or sidewalks or upon public property and 
shall place first-class cars on said railway with all the mod- 
ern improvements for the convenience, comfort, and safety 
of passengers, and shall run cars as often as the public con- 
venience may require in accordance with a time-table 
approved bv the Commissioners of the District of Coluna- 
bia. Every failure to comply with the conditions of this 
section shall render the said corporation liable to a fine of 
fifty dollars for each day said failure occurs, to be recov- 
ered in any court of competent jurisdiction at the suit of 
the Commissioners of said District. 

Sec. 13. That the Commissioners of the District of Co- 
lumbia may make such regulations as to rate of speed, mode 
of use of tracks, and removal of ice and snow as in their 
judgment the interest and convenience of the public may 
require. Should the servants or agents of said company 
willfully or negligently violate such an ordinance or regu- 
lation as aforesaid shall be liable to the District of Colum- 
bia for a penalty not exceeding five hundred dollars. 

Sec. 14. That all articles of value that mav be inadvert- 
ently left in any of the cars or other vehicles of the said 
company shall be taken to its principal depot and entered 
in a book of record of unclaimed goods, which book shall 
be open to the inspection of the public at all reasonable 
hours of business. 

Sec. 15. That said company shall, on or before the 
fifteenth of February of each year, make a report to Con- 
gress, through the Commissioners of the District of Colum- 
bia, 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 within the Dis- 
trict of Columbia, from whatever source and on whatever 
account, for the preceding year ending December thirty- 
first, and such other facts as may be required by any gen- 
eral law of the District of Columbia, which report shall be 
verified by the affidavit of the president and secretary of 
said company, and, if said report is not made within ten 
days thereafter, such failure shall of itself operate as a for- 
feiture of the privileges and rights hereby granted to said 
company, and it shall be the duty of the Commissioners to 
cause to be instituted proper judicial proceedings therefor; 
and said company shall pay to the District of Columbia, in 
lieu of personal taxes upon personal property, including 
cars and motive power, each year, four per centum of its 
gross earnings in the District of Columbia, which amount 
shall be 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 fran- 
chise and property of said company, both real and personal, 
to a sufficient amount may be seized and sold in satisfac- 
tion thereof, as now provided by law for the sale of other 
property for taxes ; and said per centum of its gross earnings 



Annual report 



Taxes. 



F 



Eare. 



Free use 
roadway. 



of 



196 LAWS BELATING TO 8TREET-EAILWAY FEANCHI8E8. 

shall be in lieu of all other assessments of personal taxes 
upon its property used solely and exclusively in the opera- 
tion and management of said railway. Its real estate shall 
be taxed as other real estate in the District of Columbia: 
Provided^ That its tracks shall not be taxed as real estate. 
Sec. 16. That said company shall receive a rate of fare 
not exceeding five cents per passenger, including transpor- 
tation to the Virginia shore; and the said company may 
make arrangements with all existing railway companies in 
the District of Columbia for the interchange of tickets in 
payment of fare on its road: Provided, That within the 
limits of the District of Columbia six tickets shall be sold 
for twenty -five cents. 

Sec. 17. That the said company shall have at all times 
the free and uninterrupted use of the roadway, subject to 
the rights of the public, and if any person or persons shall 
willfully, mischievously, and unlawfully obstructor impede 
the passage of cars of said railway company with a vehicle 
or vehicles, or otherwise, or in any manner molest or inter- 
fere with passengers or operatives while in transit, or de- 
stroy or injure the cars of said railway, or depots, stations, 
or other property belonging to the said railway company, 
the person or persons so offending shall forfeit and pay for 
each such offense not less than twenty- five nor more than 
one hundred dollars, to be recovered as other fines and 
I)enalties in said District, and shall remain liable, in addi- 
tion to said penalty, for any loss or damage occasioned by 
his or her or their act as aforesaid; but no suit shall be 
brought unless commenced within sixty days after such 
offense shall have been committed. 

Sec. 18. That the said company shall have the right of 
way across such other railways as are now in operation 
within the limits of the lines granted by this Act, and is 
hereby authorized to construct, at its own cost, its said 
road across such other railways, under the supervision and 
control of the Commissioners of the District of Columbia: 
Provided, That it shall not interrupt the travel of such 
other railways in such construction, 
^jection from gjjc. 19. That no person shall be prohibited the right to 
travel on any part of said road or ejected from the cars by 
the company's employees for any other cause than that of 
being drunk, disorderly, or contagiously diseased, or refus- 
ing to pay the legal fare exacted, or to comply with the 
lawful general regulations of the company. 

Sec. 20. That in the event the company should not be 
able to come to an agreement with the owner or owners of 
any land through which the said road may be located or 
pass, proceedings for the condemnation for the use of the 
company of so much of said land as may be required, not 
exceeding fifty feet in width, may be instituted under the 
provisions of chapter eleven. Revised Statutes, relating to 
the District of Columbia: Provided, That any property 
owner shall have the right of trial by jury in any such issue. 
Sec. 21. That all plans relating to the location and con- 



Crossings. 



Condemnation 
proceedings. 



Plans. 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 197 

struction of said railway shall be subject to the approval 
of the Commissioners of the District of Columbia, or their 
successors, and all work shall at all times be subject to 
their supervision. The said corporation shall from time to 
time deposit with the collector of taxes, District of Co- 
lumbia, such amounts as may be deemed necessary by said 
Commissioners to cover the cost of inspection, supervision, 
pavement, and repairs. 

Sec. 22. That the tracks and ferry of said company jj^y^^ly* be 
within the District of Columbia shall be deemed and taken ujeci by Fails 
to be a public highway, to the extent that they may betomacRaUwayr 
freely used for the passage of cars by the Falls Church and 
Potomac Railway Company from such point as said com- 
pany may connect with the Washington, Alexandria and 
Mount Vernon Electric Railway Company, and may run 
its cars to the eastern terminus of said latter-named com- 
pany's road. And the cars of said Falls Church and Poto- 
mac Railway Company shall be propelled over the said 
line, from said junction to said eastern terminus, by the 
motive power of said Washington, Alexandria and Mount 
Vernon Electric Railway Company, and the said Falls 
Church and Potomac Railway Company shall have the 
right to collect fares on its said cars as fully as if operat- 
ing that portion of the line in its own right. But said 
Falls Church and Potomac Railway Company shall make 
just compensation for the use of said track, ferry, and 
motive power; and in case any dispute should arise con- 
cerning such compensation 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 motive power and the 
mode in which such use may be enjoyed: Provided, That 
the limitations, requirements, and restrictions imposed by 
this Act upon the Washington, Alexandria and Mount 
Vernon Electric Railway Company shall apply to the Falls 
Church and Potomac Railway Company J and the said 
Falls Church and Potomac Railway Company shall be 
subject, in case of any violation of the limitations, require- 
ments, and restrictions aforesaid, to the same fines, penal- 
ties, and forfeiture of the privileges and rights herein 
granted as the Washington, Alexandria and Mount Vernon 
Electric Railway Company is subject to. 

Sec. 23. That should the Washington, Alexandria and un^n R^r^i' 
Mount Vernon Electric Railway Company fail or refuse to ^on- 
construct a double-track street railway on the Virginia 
side of the Potomac River to the Arlington Reservation and 
provide accommodations for the necessary travel from the 
city of Washington to Arlington within one year from the 
approval of this Act, then all the rights, powers, privileges, 
and franchises conferred upon said company by this Act 
within the jurisdiction of the District of Columbia shall be, 
and the same are hereby, forfeited. 

Sec. 24. That all the conditions, requirements, and obli- et?.^" ha i? "be 
gations imposed by the terms of this Act upon the Wash- compued with. 



I 



If 



m 



I 



198 LAWS RELATING TO STEEET-BAILWAY FRANCHISES. 

ington, Alexandria and Mount Vernon Electric Railway 
Company shall be complied with by any and all the suc- 
Amendmen ^^^^^^^ ^^ ^^^ assiffns of said company. 

®°^ Sec. 25. That this Act may at any time be altered, 
amended, or repealed by the Congress of the United States. 
Approved, August 23, 1894. 



^^•^•^^- ^^ ^CT Granting the right of way through the Arlington reservation 



stats. 28, p. 693 



for electric railway purposes. 



w h Ai ^ f ttenacted hy the Senate and House of Representatives 
and Mt'.' vera?n Of the United States of America in Coiigress assembled, That 

fiVh't o?*wa?S*^-i /°^^°' Alexandria and Mount Vernon Electric 
through Ariing- Kailway Company, a body incorporated under the laws of 
ton Reservation, the State of Virginia, be, and is hereby, authorized to con- 
struct and thereafter maintain and operate its electric rail- 
road across the lower and eastern portion of the grounds 
of the United States Government known as the Arlington 
«*>"^- reservation, in the State of Virginia, opposite the city of 

Washmgton, said line to be east of and contiguous to the 
nver road, except that said line running northerly may be 
diverted from said river road easterly at a point not more 
than twenty rods southerly from the intersection of the 
river road with the northerly line of said reservation : Pro- 
mded,Th&t this diversion shall not exceed twenty rods from 
said river road easterly; and for such purpose said com- 
pany IS hereby granted a right of way fifty feet in width, 
T* ^"?i^^^^^ slopes, through the grounds aforesaid. And 
the said company shall repair at its own expense, in a man- 
ner satisfactory to the Secretary of War, any damage, 
injury, or displacement that may be done to roads, foot- 
ways, bridges, or fences upon or through the Government 
lands referred to in this Act by the construction or opera- 
tion of the said electric railway company, and shall erect 
such sheds or other shelter for the comfort and convenience 
of passengers and at such points as the Secretary of War 
by's^ofwaJ'^ ?*^all direct: Provided, That said line or route shall be sub- 
ject to the approval of the Secretary of War; and when 
such ri^ht of way shall cease to be used for the purpose 
aforesaid, the same shall revert to the United States Gov- 
ernment. And said road shall be commenced within one 
year from the date of the passage of this Act and finished 
power. «*«»°»withm three years: And provided fir t her, Th&t nothing m 
^is Act shall allow the use of steam power: And provided 
further. That the said railway company shall not cross, 
enter, touch upon, or be granted any right whatsoever upon 
t^at part of the Government land set aside and known as 
the Arlington National Cemetery. And that material for 
*^e building, grading, or ballasting of said electric railway 
shall not be obtained from, nor shall the trees be disturbed 
on, the Arlington reservation: And provided further. That 



LAWS RELATING TO STBEET-RAILWAY FBANCHIRES. 199 



the tracks of said conapany may be freely used for the pas- 
sage of cars by the Falls Church and Potomac Railway 
Company from such point as said company may connect 
with the Washington, Alexandria and Mount Vernon Elec- 
tric Railway Company. And the cars of said Falls Church 
and Potomac Railway Company shall be propelled over the 
said line, from its junction therewith, by the motive power 
of said Washington, Alexandria and Mount Vernon Electric 
Railway Company; and the said Falls Church and Poto- 
mac Railway Company shall have the right to collect fares 
on its cars as fully as if operating that portion of the line 
in its own right. But said Falls Church and Potomac Rail- 
way Company shall make just compensation for the use of 
said track and motive power; and in case any dispute 
should arise concerning such compensation or manner of 
use, any party in interest may apply to the supreme court 
of the District of Columbia, which court is hereby empow- 
ered to ^^ the amount to be paid for such use and motive 
power and the mode in which such use may be enjoyed: 
Provided, That the limitations, requirements, and restric- 
tions imposed by this Act upon the Washington, Alexan- 
dria and Mount Vernon Electric Railway Company shall 
apply to the Falls Church and Potomac Railway Company. 
And the said Falls Church and Potomac Railway Company 
shall be subject, in case of any violations of the limitations, 
requirement, and restrictions aforesaid, to the same fine, 
penalties, and forfeiture of the privileges and rights herein 
granted as the Washington, Alexandria and Mount Vernon 
Electric Railway Company is subject to: Provided, That 
no cars owned or used by any steam railroad company shall 
be drawn over the tracks of this road lying within the 
reservation, and that the sidings and turn-outs within the 
reservation shall not be used for the assembling or storage 
of cars, except for the purpose of the accommodation and 
transportation of passengers on the same day. 

Sec. 2. That the right to repeal, alter, or amend this Act 
is reserved to Congress. 

Approved, December 8, 1894. 



Tracks may be 
used by Falls 
Church and Po- 
tomac Ry. 



Terms of use. 



Limitations, 
etc.. to apply to 
Falls Church and 
Potomac Rail- 
way. 



Repeal. 
Amendment. 



Extract from Public— No. 146, approved June 6, 1902. 



Sec. 6. That the Secretary of the Treasury be, and he^^ji^.^g 
is hereby, authorized and directed to acquire by purchase, 
condemnation, or otherwise, for a sum not exceeding five 
hundred and fifty thousand dollars, for the joint use of the 
United States and the District of Columbia, for the erec- 
tion thereon of a municipal building for said District, 
square two hundred and fifty-five in the city of Washing- 
ton, District of Columbia, and that portion of E street 
lying between said square and Pennsylvania avenue is 
Hereby appropriated and made a part of said square tor 
the purpose of erecting thereon the municipal building, 



Municipa 1 



i'* 



200 



LAWS BELATING TO STREET-RAILWAY FRANCHISES. 



to^gf??uSand the Commissioners of the District of Columbia are 
f^mS'va^''of ^^^^^y authorized to change the route of the Washington, 
tracks from E Alexandria, and Mount Vernon Electric Railway in such 
**^^- a manner as to cause said portion of E street to be vacated 

by the tracks of said company, and jurisdiction is hereby 
conferred upon the supreme court of the District of Colum- 
bia upon petition of said company to inquire into, hear, 
and determine the amount of the actual cost and expense 
to the company for the removal of its tracks from E street 
by reason of the provisions herein contained, and to enter 
judgment against the United States and the District of 
Columbia jointly, in such sum as may be so ascertained as 
aforesaid, and either party shall have the right of appeal 
from such judgment as in other cases: Provided, That if 
the Secretary of the Treasury shall be compelled or 
obliged to institute condemnation proceedings in order to 
acquire said site, such proceedings shall be m accordance 
with the provisions of the Act of Congress approved 
August thirtieth, eighteen hundred and ninety, providing 
a site for the enlargement of the Government Printing 
OflSce. (United States Statutes at Large, volume twenty- 
six, chapter eight hundred and thirty-seven.) 



WASHINGTON AND ARLINGTON EAILWAY COMPANY. 



[Obsolete.] 

AN ACT To incorporate the Washington and Arlington Railway Com- 
pany of the District of Columbia. 



Feb. 28, 1891. 



Stats. 26, p. 789. 



Be it enacted ly the Smate and House of Representatwes 
of the United States of Amet^ica in Congress assembled, ihat 
W. H. Randle, D. C. Forney, J. S. Lawrence, Beriah Wil- 
kins C. G. Lee, James L. Barbour, and their associates and 
assigns, be, and thev are hereby, created a body corporate 
under the name of the Washington and Arlington Kailway 
Company of the District of Columbia, with authority to 
construct and lav down a single or double track railway, 
with necessary swit<jhes, turn-outs, and other mechanical 
devices for operating the same, by horse, cable, compressed 
air or other power to be approved by the Commissioners ot 
the District of Columbia, or electric power for carrying 
passengers, parcels, milk, and truck, by the following route, 
namely : Beginning on Sixth street near B street northwest; 
along B street and Virginia avenue northwest to Twenty- 
sixth street; along Twenty-sixth street to M street; along 
M street and Canal road to a point on the Potomac Kiver 
at or near the point known as "The Three Sisters," where 
the said company is hereby authorized to construct and 
maintam a bridge across the Potomac River on such plans as 
the Secretary of War may approve; and from thence by, on, 
and over such lines as may be selected by the said company, 
with the approval of the Secretary of War, to the northwest 
entrance of the Arlington Cemetery, and thence through the 
Arlington estate outside of the cemetery grounds to the south 
orwestlinethereof, in theStateof Virginia: Provided, Ihat 
said road shall cross the Chesapeake and Ohio Canal on a 
bridge that shall be so constructed as not to interfere with 
the use of the bed or towpath of the canal as a waterway, 
or as a railway, and in a manner satisfactory to the becre- 
tary of War: Provided, That said company shall not oper- 
ate any part of its line by electric power with overhead 
wires within the city limits: Provided-, That should any 
part of the track herein authorized occupy the same street 
or avenue with portions of any other duly incorporated 
street railway in the District of Columbia but one set of 
tracks shall be used; and the relative conditions of use and 
of chartered rights may be adjusted upon terms to be mutu- 
ally agreed upon between the companies, or, in the case of 
disagreement, by the supreme court of the District of Colum- 
bia on petition filed therein by either party, and on such 
reasonable uotice to the other party as the court may order: 

201 



Washington 
and Arlington 
Railway Com- 
pany incorpo- 
rated. 



Motive power. 



Route. 



May bridge 
Potomac at 
Three Sisters. 



Overhead wires. 



Coinciding 
tracks. 



202 



LAWS BELATING TO 8TREET-BAILWAY FRANCHISES. 



; 



f^' 



And jyrovided. That no work shall be done on said road in 
the District of Columbia, until the plans and specifications 

Plans of brideeu%u^P^^P^?.^^ bridge on the Potomac Kiver at or near 
to be approvfd J-"® Three Sisters" shall have been approved by the See- 
by Sec. o^ War. retary of War, and the construction of said bridge actually 
commenced: And provided, That so much of said line as 
may he within the State of Virginia shall first receive the 
approval of tbe proper authorities of said State. And 
said company is hereby authorized to run its said railway 
through the United States reservation known as Fort Meyer 
and such other land of the United States in the State of 
Virginia, excepting the Arlington Cemeterv Grounds, as 
may be necessary to construct the railway between the 
points named in this bill: only if the Secretary of War 
shall deem the same promotive of the public . interest and 
always subject to such conditions and regulations as the 
Secretary of War may from time to time impose, 
bridl"^*' «\^Sec. 2. That the railway hereby authorized and lying in 
the District of Columbia and on the bridge shall be con- 
structed by said company of good material, and in a sub- 
stantial manner, with grooved rails of the best pattern, and 
jointapprovai. of a suitable gauge —all to be approved by the Commis- 
sioners of the District of Columbia and the Secretary of 

DteSct'' ^^-^ ^"^ \ *n J?.'°*^^?-, ^^^ *^^^^ ^^ said railwav, so far as the same 
shall lie withm the District of Columbia, and the space 
between the same and for two feet adjacent to the outer 
mils thereof, shall be at all times kept by said company well 
i-aving. paved and m good order to the satisfaction of the Commis- 

sioners of the District of Columbia; and it shall be lawful 
for said company to make all needful and convenient 
trenches and excavations in any streets or spaces where its 
railway may be constructed, and to place in such trenches 
and excavations all the needful and convenient devices and 
machinery for operating said railway in the manner and by 
the means aforesaid, subject to the'approval of the Com- 
missioners of the District of Columbia, and subject to the 
other provisions of this act; and, also, it shall be lawful 
for said company to erect and maintain, at such convenient 
and suitable points along its line not in any avenue, street, 
alley, or other public place as may be deemed advisable 
by said company or its board of directors, and subject to 
the approval and regulations from time to time made by the 
Commissioners of the District of Columbia over the pla<?e 

^ aiginehouses, or placcs whcre the same may be located, an engine house 
or houses, boiler house or houses, and other buildings neces- 
san^ for the successful operation of said road. 
"■"^ Sec. 3. That the said company may receive a rate of fare 

not exceeding five cents for each passenger for one continu- 
ous ride over the route aforesaid or any part thereof, 
between the termini of said railroad, and shall sell tickets 
at the rate of six for twenty-five cents. Said company 

Annual reDort "' '''' '''' "^^^^^ ^"^^ fifteenth day of eJanuary of each 

Annual report, year, report to Congress the names of all the stockholders 

thereof and the amount of stock held by each , together with 



LAWS BELATINO TO STREET-RAILWAY FRANCHISES. 



203 



Taxes. 



Capital stock 



a detailed statement of the receipts and expenditures from 
different sources and on whatever account for the preced- 
ing year ending December thirty-first, which report shall 
be verified by the affidavit of the president and secretary 
of said company ; and said company shall pay to the Dis- 
trict of Columbia, in lieu of taxes on personal property for 
the next ensuing fiscal year, four per centum of its gross 
earnings upon traffic for the preceding year, which amount 
shall be paid to the collector of taxes at the times and in 
the manner that other taxes are or may be payable and 
subject to the same penalty in case of arrears; and the 
franchise and property of said company, both real and per- 
sonal, to a sufficient amount may be seized and sold in 
satisfaction thereof in the same manner as is or may be 
provided by law for the sale of other property for taxes, 
and said per centum of its gross earnings shall be in lieu 
of any and all other assessments upon its personal property 
in the District of Columbia, used solely and exclusively in 
the operation and management of said railway; but its real 
estate in said District shall be taxed as other real estate 
therein: Provided, That its tracks shall not be considered 
real estate for the purpose of taxation. 

Sec. 4. That the capital stock of said company shall be 
fifty thousand dollars, and may be increased to three him- 
dred thousand dollars by order of a majority of the stock- 
holders at a general meeting, in shares of one hundred 
dollars each. Said company shall require the subscribers subscription 
to its capital stock to pay in cash to the treasurer, ap- 
pointed by the corporators hereinbefore named, the amounts 
severally subscribed by them as follows, to wit: Ten per 
centum at the time of subscribing and the balance at such 
times and in such amounts as the board of directors of said 
company may require; and no subscription shall be deemed 
valid unless ten per centum thereof shall be paid at the 
time of subscription, as hereinbefore provided; and if any 
stockholder shall refuse or neglect to pay any installment 
or installments as aforesaid, or as required by the resolution 
of the board of directors, said board may sell at public 
auction to the highest bidder so many shares of the stock 
of such defaulting stockholder as shall be necessary to 
pay said installments, under such general regulations as 
may be adopted by the by-laws of said company, and for 
the purposes of such sale the highest bidder shall be 
deemed and taken to be the person who shall offer to pur- 
chase the least number of shares for the assessments due; 
but no stock shall be sold at such sale for less than the 
total assessments due and payable at the time thereof; or 
said company may sue and collect from any delinquent 
subscriber, in any court of competent jurisdiction, the 
amount of the assessments at any time due and payable 
in accordance herewith, and bonds may be issued in amount 
not exceeding fifty per cent, of the stock subscribed and 
paid for: Provided^ That the entire issue of stock and bonds 
shall not exceed the actual cost of constructing and equip- 



4 



M 



Maximum 
bond and stock 
issue. 



I 






Can. 



Schedule. 






i; 



I 






204 LAWS RELATING TO STBEET-RAILWAY FRANCHISES. 

•pingthe road, including the bridge; andprovided, aho, that 
the total amount of bonds issued shall not exceed double 
the amount ot the Mid-up stock; and every certificate of 
stock issued shall show the amount paid on same, to be 
the"<i mortgage or deed of trust upon the property of 

it^^^A ^'■1^^''^ said company shall place first-class cars on 
Its said railway, with all modern improvements, for the con- 
vemence and comfort of passengers, and shall run cars 
thereon as often as the public convenience may require and 
according to a schedule to be made from time to time bv 
said company and approved by the Commissioners of thi 
District of Columbia, but no steam cars, locomotives or 
passenger or other cars for steam railways shall ever be run 

^"""'-ryZiALr"^ ^^ '"^^ '^V^Y '■> the District of Columbia. 
Und. baid company may buy land on which to construct passen- 

ger-rooms, ticket-offices, workshops, depots, and bu^ldin^s 
as may be necessary, and as the business of said railway and 
the convenience of the public may require, at such points 

ote nJ'^% ''I ,™Y ^ .approved by the'Commissloners 
of the District of Columbia, as to so much of its railway as 
, BjectMen, '^^.^'thin the Said D strict, and the Secretary of War as 
«^ ^Kif /r*'"'?^': °' said railway. No person shall be pro- 
hibited from riding on the cars of said company or elected 

tKir Y *^? «TP*y '? *""Pl°y«e« for anv^otherS 
W^vT ^^ th <^'«0''4eriy, or contagiously diseased, or 
£ mv f ht l°* T?'*"^ or indecent language, or for refusing 
to pay the legal fare exacted, or to comply with the lawful 

«ription. ,,y^^- ?; That within thirty days after the approval of 

this act the corporators above named, or a majority of them 
or If any refuse or -neglect to act, then a majority of the 
remainder, shall cause books of subscription to the capital 
stock of said company to be opened, and kept open, in some 
f^^r^^"* ^f accessible place in the District of Columbia 
fiom nine o clock m the forenoon until five o'clock in the 
afternoon for a period to be fixed by said corporators not 

cffw. -K ^T ^^1 ^""'.*?^ the whole stock shall be sooner 
subscribed for), the said corporators shall give notice, bv 

m the city of Washington, District of Columbia, o/the time 

manner, and the place where said books shall be opened' 

and subscribers upon said books to the capital st^k of 

Papnent, on^ '^T^i''^ shall be held to be stockholders therein- 

^^yment, » n /vWe<^, Ac^^«., That every subscriber shall pay at the 

tune of subscnption ten per centum of the amount by him 

subscribed to the treasurer appointed by the coi-porators 

afore^id, or his subscription Xll be null and voCTnl 

provided furt/>^r. That nothing shall be received in pay 

^/t°i IT -f ^IJ^/ ''^"*'"" .aforesaid except lawful money 
of the United States or certified checKs of anv establishpH 
J^lS^.k Of national bank. And when the books of subSdS the 
capital stock of said company shall be closed the corpora- 
tors aforesaid, or a majority of them, and in case any of 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



205 



ore. 



Officers. 



them refuse or neglect to act, a majority of the remainder, 
shall, within twenty days thereafter, call the first meeting 
of the stockholders of said company to meet ten days there- 
after for the choice of directors, of which meeting notice 
shall be given by advertisement three times in two public 
newspapers published daily in the city of Washington 
aforesaid, and by written personal notice to be mailed to 
the address of each stockholder by the treasurer aforesaid; 
and in any meeting of stockholders each share shall entitle 
the holder to one vote, which may be given either in per- 
son or by proxy. 

Sec. 7. That the government and direction of the affairs Board of direct, 
of said company shall be vested in a board of directors, 
not less than five nor more than nine in number, who shall 
be stockholders of record and who shall hold oflSce for one 
year, and until their successors are duly elected and quali- 
fied, and the said directors (a majority of whom shall be 
a quorum) shall elect one of their number to be president 
of said company, and shall also elect a vice-president, sec- 
retary, and treasurer, the last named of whom shall give a 
bond, with surety, to said company in such sum as said 
directors may require, for the faithful discharge of his trust. 
In case of vacancy in the board of directors by death, 
resignation, or otherwise of any director, the vacancy occa- 
sioned thereby shall be filled by the remaining directors, 
or in such other manner as the by-laws of said company Bylaws 
may prescribe. The directors of said company shall have 
power to make, prescribe, amend, and alter such by-laws, 
rules, and regulations as they shall deem needful and 
proper touching the management of said company, and the 
disposition and management of its stock, property, estate, 
and effects. 

Sec. 8. That the principal office of said company shall ac^"*'^^^ **'" 
always be situated m the District of Columbia, and the 
books and papers relating to the business of said company 
shall be kept thereat, open at all times to the inspection of 
the stockholders. The meetings of the stockholders, and 
directors of said company shall be held at said office, and 
there shall be an annual meeting of the stockholders for . Annual meet- 
choice of directors to be held at such time, under such con- *°** 
ditions, and upon such notice as the said company shall 
by its by-laws prescribe, and said directors shall hold 
such meetings as may by said by-laws be prescribed, and 
shall annually make a report, in writing, of their doings to 
the stockholders and to the Commissioners of the District 
of Columbia. The book in which transfers of stock shall 
be recorded shall be closed for the purpose of such trans- 
fer thirty days before the annual election as respects said 
election, and for the purpose of paying dividends at such 
lawful and reasonable times before the payment thereof as 
the by-laws of said company may prescribe. 

Sec. 9. That said company shall commence the construc- 
tion of its said railway within twelve months from the*" competion. 
approval of this act, and said railway shall be built its 



Annual report 



Commencement 



I 



206 



LAWS RELATING TO 8TEEET-BALLWAY FRANCHISES. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



207 






entire distance, with switches and turn-outs, and with cars 
running thereon for the accommodation of passengers 
within three years from the date of such approval; other- 
wise this act shall be null and void. 
a^fb?idgTb^ ^^\ 1^- That the tracks of said companv on the bridge 
othercompanies. and the approaches to said bridge may be freely used 
for the passage of cars with motive power of the kind 
described by this act belonging to any individual or cor- 
- poration legally authorized thereto, upon making just com- 
pensation for such use, and in case any dispute shall arise 
concerning such compensation 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. 
CJonstruction. Sec. 11. That if the corporation cannot agree with the 
owner for the purchase, use, or occupation of land, gravel, 
earth, timber, or other material required for the construc- 
tion, enlargement, or repair of any of its works, or if the 
Acquisition of ^^ner be a married woman, infant, non compos mentis, or 
lend. out of the District, the said corporation may apply to the 

supreme court of the District of Columbia, at any general 
or special term thereof, and said court after reasonable 
public notice and hearing shall proceed with the condem- 

condemnation ^^^^^ ^^ ^^^^ ^^^^ ^^ property for the use aforesaid. 
proceeJS^* ^°" J^^^' ^^' That for the purpose of ascertaining the value 
of any land or property so condemned the said court may 
direct the marshal and the marshal shall accordingly sum- 
mon 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 eight- 
een. Each party shall have the right, in person or by attor- 
ney 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. 
Oath. etc. Sec. 13. That the marshal shall then administer an oath 

or affirmation to every person of the jury that he will 
impartially and to the best of his skill and judgment value 
the land or other property required by the corporation, and 
also, if the same be land required for the construction of 
the said railroad or work, the damage which the owner will 

inquisitionand^T^'"' '^u^?i^' ^^ ^^^ f^^i^g of the land for such use. 

report. Alie ]ury 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 
the corporation. Such inquisition and report shall be 
returned by the marshal to the clerk of the circuit court of 
the District of Columbia. 

to^i^"SSiJ^\ S^^- 1^- That such inauisition and report shall be con- 
Urmed 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 



Retom. 



and order another inquisition, or more than one from tin^^ ^a7b?2^ere?L 
to time, to be conducted in like manner as the first and 
with like effect, until an inquisition and report shall be con- 
firmed by the court. Upon such confirmation of the first 
or any subsequent inquisition and report and upon pay- Payment 
ment 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 acc^ording to the nature of such condemna- 
tion and appropriation for the uses mentioned in this act. p^^^^^j^^^ ^^ 

Sec. 15. That said railway shall be constructed in such water pipes. 
a manner as not to injure or endanger any of the pipes, 
fixtures, or apparatus of the water works supplying the 
District of Columbia, or any part thereof, and the opera- 
tions of said company shall always be subject to the con- 
trol and direction, in this respect, of the Secretary of War, 
and subject to the right of the Secretary of War, or other 
lawful public authority, to interrupt the construction or 
use of said railway whenev^er necessary for the protection 
or repair of such water works, or in respect of any increase 
thereof or additions thereto. If in the course of construc- 
tion of said railway, or at any time thereafter, it shall be 
deemed by the Secretary of War necessary for the better 
protection of such water pipes, fixtures, or apparatus, or 
for other water pipes, fixtures or apparatus that may be 
laid or applied, to raise or otherwise fix or adjust any ave- 
nue, street, road, alley or public place containing or to con- 
tain such pipes, or to otherwise adjust the same so as to 
produce absolute security for all such pipes and apparatus 
existing or to be laid or arranged at any point or points on 
or contiguous to the line of said i-ailway, such changes in 
grade and otherwise, or works, as shall be deemed neces- 
sary by the Secretary of War shall be made, done and 
performed by and at the expense of said railway company, 
and its successors and assigns, to the satisfaction of the 
Secretary of War; and the remainder of width of any avenue, 
street, alley, road, or other public place, at all such points 
or places, shall be raised, adjusted, repaved and put in con- 
dition, safe for all such pipes and apparatus, and in a man- 
ner satisfactory to the Secretary of War, and in conformity 
to any order of the Secretary of War in the matter, and 
at the expense of said company, and its successors and 
assigns. Any structure, work in or change in the condition 
of any such avenue, street, road, alley or public place, not 
made in conformity with the provisions in this act contained, 
shall be unlawful. 

Sec. 16. That Congress hereby reserves to itself the right 
at any and all times to alter, amend, or repeal this act. 

Approved, February 28, 1891. 



V 



Changes of 
grade, etc. 



Amendment 



^^' 



208 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 
March 2, 1891. JOINT RESOLUTION Correcting an error in an enrolled bill. 



stats. 
1114. 



26, p 



Whereas the act to incorporate the Washington and Ar- 
lington Railway Company, as enrolled, fails to express 
the intent of the two houses as manifested by the adop- 
tion of the report of the conference committee on the 
amendments between the two houses thereon: Now, 
therefore, for the purpose of correcting said error and 
for no other purpose, 

Resolved hy the Senate and Rouse of Eepresmtatives of 
A^fin^nRy^^^ ^^^'^^^ St(^i^^^ of America in Congress assemUed, That 
^Error in char- w ^^?? f our of the act entitled ''An act to incorporate the 
ter corrected. Washmgton and Arlington Railway Company of the Dis- 
trict of Columbia " be, and same is hereby, amended so that 
the last sentence of said section aft^r the words " in accord- 
>v. A^^^^ herewith" shall read as follows: "And bonds to be 
andST^e secured by mortgage or deed of trust upon the property of 
the company may be issued to the amount of five hundred 
thousand dollars: Provided, That the entire issue of stock 
and bonds shall not exceed the actual cost of constructing 
and equipping the road, including the bridge: And pro- 
mded also. That the total amount of bonds issued shall not 
exceed double the amount of paid up stock, and every 
certificate of stock shall show the amount paid on the same. 
Approved, March 2, 1891. 



WASHINGTON AND GETTYSBURG RAILWAY CO. 

March 3. 1899. AN ACT to authorize the Washington and Gettysburg Railway Com- 
pany, of Maryland, to extend its line of road into and within tne 
Distnet of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the Washington and Gettysburg Railway Company, a cor- 
poration duly incorpoi-ated under the laws of the State of 
Maryland, is hereby authorized to construct a city and 
suburban division of said railway in the District of Colum- 
bia, with single or double tracks, equip and operate the 
same for the carrying of passengers, parcels, milk, garden 
truck, and other small freight, with the necessary switches, 
turn-outs, buildings, and necessary mechanical devices, 
along the following-named route: • 

ROUTE. 

Beginning at the boimdary line of the District of Colum- 
bia at the intersection of said boundary line with Four- 
teenth street northeast extended, as shown on the proposed 
plans of street extensions; thence by double track south on 
said Fourteenth street for a distance of eight hundred and 
fifty feet; thence in a westerly direction to Thirteenth 
street northeast extended, as shown on the plans of street 
extensions; thence south on Thirteenth street to the uorth 



Route. 



LAWS EELATING TO STREET-BAILWAT FRANCHISES. 209 

line of Bunker Hill road; thence along the north side of 
said road, and wholl}^ outside the limits thereof, to Twelfth 
street, Brookland; thence south by single track on Twelfth 
and Duncan streets to Rhode Island avenue; thence in a 
southwesterly direction on Rhode Island avenue to Tenth 
street; thence north on Tenth and Wallace streets to and 
across Bunker Hill road to the north side thereof; thence 
along said road and wholly outside thereof to Twelfth 
street, connecting with the double tracks at that point: 
Provided, That no freight cars or passenger cars shall be 
switched in the public streets of the District of Columbia, 
and that the Commissioners of the District of Columbia 
are hereby empowered to make and to enforce all proper 
regulations in regard to handling cars at terminal points. 



im 



Switching. 



COINCIDING ROUTE. 

Sec. 2. That where this route coincides with an existing 
street railway, one set of ti'acks shall be used in common, 
upon terms mutually agreed upon, or, in case of disagree- 
ment, upon terms determined by the supreme court of the 
District of Columbia, which is authorized and directed to 
give hearing to the interested parties and to fix the terms 
of joint trackage. Payments for the use of the tracks 
shall be made monthly, in advance; default in such pay- 
ments shall suspend the right of the company to use the 
tracks until such payment is made; that the motive power 
shall be cable, electric, compressed air, or other mechan- 
ical power, other than steam locomotive power; and wher- 
ever the trolley system is used, a return wire, similar in 
capacity, situation, and insulation to the feed wire, shall 
be provided for the current, and each car shall be provided 
with a double trolley; and no dynamo furnishing power 
to the road, or any portion thereof, shall have either of its 
poles connected to the earth. 

PLANS. 

Sec. 3. That all plans of location and construction shall 
be subject to the approval of the Commissioners of the 
District of Columbia. 

EXCAVATIONS. 

Sec. 4. That excavations in the highways shall be made 
only under permits from the Commissioners of the Dis- 
trict of Columbia, and subject to regulations prescribed by 
them. 

CONSTRUCTION. 

Sec. 5. That the said railway and its appurtenances 
shall be constructed in a substantial and durable manner, 
subject to inspection by the Commissioners of the District 
of Columbia. All changes to existing structures in public 
space shall be made at the expense of the company. 

16400—05 14 



Coinciding 
route. 




Plana. 



Excavationa 



Construction 



210 LAWS RELATING TO STBEET-EAILW A Y FRANCHISES. 



DEPOSITS. 



Deposits. 



cent 



1 



Sec. 6. That the said company shall deposit such sums 
as the Commissioners of the District of Columbia may 
require, to cover the cost of District inspection and the cost 
of changes to public works in the streets. 

CABE OF ROADWAY. 

iStUTraJks?*'., ^^9: '^- T^a* ^^^ company shall keep the space between 
Its rails and tracks and two feet exterior thereto in good 
condition, to the satisfaction of the Commissioners of the 
District of Columbia. The pavement of these spaces shall 
be at least as good as that of the contiguous roadway. 
The proper authorities shall have the right to make changes 
of grade and other improvements which they may deem 
necessary; and when any nigh way occupied by the com- 
pany is improved, the company shall bear the entire expense 
of improving said spaces to correspond with the remainder 
of the roadway. The requirements of this section shall 
be enforceable under the provisions of section five of the 
Act providing a permanent form of government for the 
District of Columbia, approved June eleventh, eighteen 
hundred and seventy-eight. 

GUARANTEE DEPOSIT. 

^^^oranteed de- Sec. 8. That within sixty days from the approval of 
this Act the company shall deposit one thousand dollars 
with the collector of taxes of the District of Columbia, to 
guarantee the construction of its railway within the pre- 
scribed time. If this sum is not so deposited this charter 
shall be void. If the sum is so deposited and the road is 
not m operation as herein prescribed, said one thousand 
dollars shall be forfeited to the District of Columbia and 
this charter shall be void. 



CaxB. 



Time-table. 



speeci. 



CARS. 

Sec. 9. That the cars shall be first-class and shall be 
kept in good condition, to the satisfaction of the Commis- 
sioners of the District of Columbia. 

TIME-TABLE. 

Sec. 10. That the cars shall be run as often as the public 
convenience requires, on a time-table satisfactory to the 
Commissioners of the District of Columbia and approved 
by them. 

SPEED. 

Sec. 11. That the speed of cars shall be subject to the 
police regulations of the District of Columbia. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES 



EJECTMENT FROM CARS. 



211 



Sec. 12. That persons drunk, disorderly, contagiously Ejectment 
diseased, or refusing to pay the legal fare may be ejected ^^ **"* 
from the cars by the officers in charge thereof. 



ARTICLES LEFT IN CARS. 

Sec. 13. That as far as possible articles left in cars shall LoBtarticiei. 
be cared for by the company, to the end that they may be 
returned to the rightful owner. 

FARE. 

Sec. 14. That the rate of fare which may be charged Fare, 
for the transportation of passengers over the lines of said 
company within the District of Columbia shall not exceed 
five cents per passenger, and six tickets shall be sold for 
twenty-five cents: Provided^ how&i)er^ That the said Wash- 
ington and Gettysburg Railway Company, the Maryland 
and Washington Railway Company, and the Eckington and 
Soldiers' Home Railway Company are hereby required to 
issue free transfers, so that for the payment of one fare a 
passenger on any one of the roads shall have the privilege 
of a continuous ride over the lines of the other two or 
either of them. 

BUILDINGS. 

Sec. 15. That the company is authorized to erect and Buiidingi. 
maintain the buildings necessary to the operation of its 
road, subject to the building regulations of the District of 
Columbia. The company shall erect and maintain passen- 
ger rooms and transfer stations as req^uired by the Com- 
missioners of the District of Columbia. All passenger 
rooms and transfer stations shall be Drovided with such 
conveniences for the public as said Commissioners may 
direct. 



i 



LAND. 



Sec. 16. That the company is authorized to acquire, by ^4^^°^**®™**** 
purchase or condemnation, the necessary land for its au- 
thorized right of way and to issue its bonds or other evi- Bonds, 
dences of debt, secured by mortgage or deed of trust on 
its properties and franchises: Provided, That the total 
issue of said bonds shall not in the aggregate exceed the 
amount necessary for the construction and equipment of 
said railroad, and before any bond or trust deea shall be 
executed the amount of bonds necessary to be issued shall Limit of issae. 
be ascertained and fixed b}'^ the Commissioners of the Dis- 
trict of Columbia; and for this purpose said Commissioners 
are hereby authorized to subpoena and examine witnesses 
and take such testimony as may be necessary to enable 
them to make such determination and fix the amount of 



Taxes. 



ii 






212 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

issue: And provided further^ That an appeal may be taken 
from the decision of said Commissioners to the supreme 
court of the District of Columbia; and all bonds issued in 
excess of the amount authorized by said Commissioners or 
said court, or in violation of the provision of this Act, 
shall be null and void. 

TAXES. 

Sec. 17. That said road shall annually pay a franchise 
tax to the tax collector of the District of Columbia of five- 
eighths of one per centum of the entire gross earnings of 
such company; that there shall be levied and collected in 
addition to such franchise tax, upon all the real estate of 
said company, a tax in the same manner and to the same 
extent as upon all other real estate of the District of 
Columbia; and in addition to said taxes shall pay an annual 
tax of two per centum on their entire gross earnings within 
the District of Columbia. 

CHANGES IN GRADES. 

Sec. 18. That nothing in this Act shall prevent the Dis- 
trict of Columbia at any time, at its option, from altering 
the grade of any avenue, street, or highway occupied by 
said railway or from altering and improving streets, ave- 
nues, highways, and the sewerage thereof; and said com- 
pany shall change its railway construction and pavements 
so as to conform to such grades and improvements as may 
have been or may be established. 

TELEGRAPH AND TELEPHONE LINES. 

telephone lines. Sec. 19. That said company is also authorized to con- 
struct and operate, for its own use only, telegraph and 
telephone lines along its railway, as herein provided for, 
subject to the approval of the Commissioners of the Dis- 
trict of Columbia. 



LAWS relating TO STREET-RAILWAY FRANCHISES. 213 



Changes 
grades. 



In 



Completion. 



To be r^u- 
lated by Com- 
missioners. 



COMMENCEMENT AND COMPLETION. 

Sec. 20. That the construction of the said extension on 
the lines of the said railway company within the District 
of Columbia shall be commenced within one year of the 
passage of this Act and be completed and cars running 
thereupon for passenger traflSc within two years from the 
passage of this Act, in default of which this Act shall be 
void and of no effect in so far as the said line shall not 
be so completed. 

COMMISSIONERS OF THE DISTRICT OF COLUMBIA. 

Sec. 21. That the construction, adoption of motive 
power, erection of buildings, regulation of schedule and 
sped of running, shall be at all times under the supervi- 
sion and control of the Commissioners of the District of 
Columbia. 



PENALTIES. 

Sec. 22. That each and every violation of the require- 
ments of this Act shall be punishable by a fine of from 
twenty-five to one thousand dollars, in the discretion of 
the court, such fines to be collectible in any court of com- 
petent jurisdiction as other fines and penalties are collected 
m the District of Columbia. 

amendment; repeal. 

Sec. 23. That Congress reserves the right to alter, 
amend, or repeal this Act. 

Approved, March 3, 1899. 



Penalties. 



JOINT RESOLUTION Extending the time within which certain street March i, 1901. 
railroads in the District of Columbia may be constructed. '■ '• 



Resolved hy tlve Senate and House of Representatives of 
the United States of Am^erica in Congress a^sembled^ That 
the time within which the Washington and Gettysburg Time extended. 
Railway Company, of Maryland, is allowed to extend its 
lines into and within the District of Columbia be, and the 
same is hereby, extended for two years from and after the 
passage of this resolution. 

Sec. 2. That the time within which the Columbia Rail- coiumbiaRaii- 
way is authorized to construct an extension of its lines ^*^' 
from the intersection of Watts Creek and Anacostia road 
along the Anacostia road to its intersection with the east- 
ern boundary line of the District of Columbia be, and the 
same is hereby, extended for two years from the passage 
of this resolution: Provided^ That said branch of said 
railway shall be constructed in or along said Anacostia 
road in accordance with plans to be approved by the Com- 
missioners of the District of Columbia. 

Approved, March 1, 1901. 



AN ACT Requiring the Anacostia and Potomac River Railroad Com- July i, 1902. 
pany to extend its Eleventh street line, and for other purposes. 

Be it enacted hy the Senate and House of Representatives p^^^^^f"** 
of the United States of America in Congress a^senmMed^ That Railroad com- 
the Anacostia and rotomac River Ilailroad Company, of ^^^' 
the District of Columbia, be, and it hereby is, authorized 
and required to construct the necessary tracks and to make 
the necessary connections for the purpose of operating its 
cars by the underground electric system, such as is now in 
use on its ElevenSi street line, over and along the follow- 
ing route, namely: Beginning at the northern terminus of 
its Eleventh street line at Eleventh street and Florida 
avenue north, by double track, along Eleventh street to 
Lydecker avenue: Provided^ That until the line of railroad 






f 



214 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

on Eleventh street is further extended, cars may be 
switched on Eleventh street between Whitney and Ly decker 
avenues: And provided further^ That until provision is 
made for a further extension of the line of the Metropoli- 
tan Railroad Conapany on Old Sixteenth street cars may 
be switched on Old Sixteenth street between Grant and 
Park streets. 

Sec. 2. That the extension herein authorized shall be 
completed and the cars operated thereon within two years 
from the date of the issuance of a permit by the Commis- 
sioners of the District of Columbia. 

Sec. 3. That the extension herein provided for shall be 
constructed in accordance with plans satisfactory to the 
CoDDunissioners of the District of Columbia and approved 
by them. 

Sec. 4. That the said Anacostia and Potomac River Rail- 
road Company shall have over and respecting the route 
herein provided for the same rights, powers, and privileges 
it has, or hereafter may have, by law over and respecting 
its other routes, and be subject in respect thereto to all the 
other provisions of its charter and of law. 

anYoett^fbtSS r. ^f^ V^' ^^^ .*,^® ^^^ ^'^^^^"^ which the Washington and 
Rwj. time ex- ijettysburg Railway Company shall construct its line 
tended. within the District of Columbia is extended two years from 

March first, nineteen hundred and three. 
Sec. 6. That Congress reserves the right to amend, alter, 

or repeal this Act. 

Approved, July 1, 1902. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



215 



May 7, 1898. 



!l 



WASHINGTON AND GLEN ECHO R. E. CO. 

AN ACT To authorize the Washington and Glen Echo Railroad Com- 
pany to obtain a right of way and construct tracks into the District 
of Columbia six hundred feet. 

Be it enacted ly the Semite and Rmise of Representatives 
of the United States of America in Congress assembled^ That 
the Washington and Glen Echo Railroad Company, a cor- 
poration organized under the laws of the State of Mary- 
land and operating a street railway in said State, the eastern 
terminus being at or near the northern boundary of the 
District of Columbia in Chevy Chase, be, and said corpo- 
ration is hereby, authorized and empowered to obtain a 
right of way and construct its road and lay double tracks 

DiT?n?t*^S?*cS^*^®^®^° ^"^^ ^^^ District of Columbia a distance of six 
lumbia. hundred feet, and no farther, from the point in the bound- 

ary line of the District where said railway extended crosses 
the boundary line of the District and from said point to a 
point on the west line of Connecticut avenue extended, on 
a route to be approved by the Commissioners of the Dis- 
trict of Columbia, said corporation to have full power and 
authority to operate cars upon said road for the purpose 
of its traffic; said corporation to use electric motive power 



in propelling its cars: Provided^ That no fares shall be y^^.^ 
charged or collected within the District of Columbia; 
And provided further^ That unless the extension herein Forfeiture. 
provided for shall be completed within six months from 
the date of the approval of this Act, then this Act shall be 
null and void: And provided further^ That the Commis- 
sioners of the District of Columbia shall have the power t^^SX'l^i" 
to make and to enforce all reasonable and usual regulations tions. 
for the operation and maintenance of that portion of the 
lines within the District of Columbia. 

Sec. 2. That Congress reserves the right to alter, 
amend, or repeal this Act. 

Approved, May 7, 1898. 



WASHINGTON AND UNIVERSITY RAILROAD. 

AN ACT To incorporate the Washington and University Railroad July 8, 1898. 
Company of the District of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled^ That 
J. D. Croissant, Frederick C. Kennedy, A. O. Humphrey, and *^unrvlreit? 
David D. Stone, John J. Flynn, V. K. Nash, and Charles Railroad. 
S. Lord, and their associates, successors, and assigns, 
are hereby created a body corporate under the name of 
the Washington and University Railroad Company of the 
District of Columbia. 

ROUTE. 

Sec. 2. That the company is authorized to construct and i^oute. 
operate a street railway for carrying passengers along the 
following-named route: Beginning at or near the intersec- 
tion of tne Tennallytown road and Quincy street; thence 
westerly on Quincy street to Forty -fourth street; 
northerly on Forty-fourth street to Vallejo street: 
westerly on Vallejo street to Forty-seventh street: 
northerly on Forty-seventh street to Flint street; 
west on Flint street to Boundary avenue; thence southerly 
on Boundary avenue to Forty -eighth street; thence south- 
erly on Forty-eighth street to Brandy wine street; thence 
easterly on Brandywine street to Forty-seventh street, as 
shown upon the plans of the third section of highway 
extensions: Provided^ That where this route lies within the 
lines of a proposed highway the company shall acquire a 
right of way not less than thirty feet wide in the center 
thereof, and all rights of way acquired within the lines of 
proposed highways shall be dedicated to the use of the 
public before a permit is issued for the construction of a 
railroad therein. 

MOTIVE POWER. 

Sec. 3. That the motive power shall be electricity, and m°"^« p**^«'- 
if the trolley system is used a return wire of equal capacity 
to the feed wire, and similarly insulated, must oe provided, 



thence 
thence 
thence 
thence 



216 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

"and each car shall be equipped with a double trolley. No 
portion of the electrical circuit shall, under any circum- 
stances, be allowed to pass through the earth, and neither 
Eole of any dynamo furnishing power to the line shall 
e grounded. 

PLANS. 



Plans 



Sec. 4. That all plans of location and construction shall 
be subject to the approval of the Commissioners of the 
District of Columbia. 



EXCAVATIONS. 



|y 



Excavations. 



Sec. 5. That excavations in the highways shall be made 
under permits from the Commissioners, and subject to 
regulations prescribed by them. 



CONSTRUCTION. 



Constniction. 



Sec. 6. That the railway and its appurtenances shall be 
constructed in a substantial and durable manner. Such 
construction shall at all times be subject to District inspec- 
tion. All changes to existing structures in public space 
shall be made at the expense of the company. 



Deposits. 



DEPOSITS. 

Sec. 7. That the company shall deposit such sums as 
the Commissioners may require to cover the cost of Dis- 
trict inspection and the cost of changes to public works in 
the streets. 

CARE OF ROADWAY. 

wayf^ ®' ™*^" Sec. 8. That the company shall keep the space between 
its rails and tracks and two feet exterior thereto in good 
condition, to the satisfaction of the (commissioners; and 
said spaces shall be kept in such condition that vehicles can 
readily and easily pass from one side of the tracks to the 
other. The pavement of these spaces shall be at least as 
good as that of the contiguous roadway. The proper 
authorities shall have the right to make changes of grade 
and other improvements which they may deem necessary; 
and when any highway occupied by the company is im- 
proved the company shall bear the entire expense of im- 
proving said spaces to correspond with the remainder of 
the roadway. The requirements of this section shall be 
enforceable under the provisions of section five of the Act 
providing a permanent form of government for the Dis- 
trict of Columbia, approved June eleventh, eighteen hun- 
dred and seventy- eight. 



COMPLETION. 



Completion. 



Sec. 9. That the road shall be in operation for its entire 
length within the District of Columbia within two years 
from the approval of this Act. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 2l7 
GUARANTEE DEPOSIT. 

Sec. 10. That within sixty days from the approval of this Gjiarantee de- 
Act the company shall deposit one thousand aollars with ^ 
the collector of taxes of the District of Columbia to guar- 
antee the construction of its railway within the prescribed 
time. If this sum is not so deposited this charter shall be 
void. If the sum is so deposited and the road is not in 
operation as herein prescribed said one thousand dollars 
shall be forfeited to the District of Columbia and this 
charter shall be void. 

CARS. 

Sec. 11. That the cars shall be first class, and shall be ca«. 
kept in good condition, to the satisfaction of the Commis- 
sioners. 

timeT-table. 

Sec. 12. That the cars shall be run as often as the public Time-taWa 
convenience requires, on a time-table satisfactory to the 
Commissioners and approved by them. 

SPEED. 

Sec. 13. That the speed of cars shall be subject to the speed, 
police regulations of the District of Columbia. 

EJECTMENT FROM CARS. 

Sec. 14. That persons drunk, disorderly, contagiously j^j^^"'®'** 
diseased, or refusing to pay the legal fare may be ejected 
from the cars by the officers in charge thereof. 

ARTICLES LEFT IN CARS. 

Sec. 15. That as far as possible articles left in cars shall ^^"^^^ *®" ^ 
be cared for by the company, to the end that they may be 
restored to the rightful owner. 



; 1f| 



311 



FARE. 

Sec. 16. That the rate of fare within the District of 
Columbia shall not exceed five cents per passenger, and 
six tickets shall be sold for twenty-five cents. 

BUILDINGS. 

Sec. 17. That the company is authorized to erect and 
maintain the buildings necessary to the operation of its 
road, subject to the building regulations of the District of 
Columbia. The company shall erect and maintain passen- 
ger rooms and transfer stations as required by the Com- 
missioners, and proper conveniences for the public shall 
be provided at such rooms and stations. 



Fare. 



Buildings. 



218 LAWS RELATING TO STREET-BAILWAY FRANCHISES. 



LAND. 



Land. 



OTgani2aiion. 



Ii 



Sec. 18. That the company is authorized to acquire, by 
purchase or condemnation, the necessary land for its 
authorized right of way. 



ORGANIZATION. 

Sec. 19. That the corporators shall open books of sub- 
scription to the capital stock of the company within three 
months from the approval of this Act, of which previous 
notice shall be ^iven every day for one week W advertise- 
ment in a newspaper published in the city of Washington. 
The corporators herem named shall be individually liable 
for moneys received for subscriptions to the capital stock 

Erior to the organization of the company by the stock- 
olders. Within si;x months from the approval of this 
. Act the company shall be organized by the stockholders, 
for which purpose the corporators shall call a meeting of 
the stockholders, notifying them of the purpose, time, and 
place of such meeting by a letter mailed to each, and giv- 
ing additional notice, by advertisement in a newspaper 
published in the city of Washington, every day for one 
week previous to such meeting; and thereafter the stock- 
holders shall meet at least once a year, and such notice 
shall be given of each meeting. Each share of paid-up 
stock shall entitle the holder to one vote. The stock- 
holders are empowered to elect a president, a treasurer, a 
secretary, a board of directors, and other officers, and to 
make by-laws and regulations for the government of the 
company. 

CAPITAL STOCK. 

Capital stock. Sec. 20. That the company is authorized to issue bonds 
and capital stock, said stock to be in shares of ten dollars 
each: Provided^ however^ That the total issue of said bonds 
and stock shall not in the aggregate exceed the amount 
necessary for the cost of construction and equipment of 
its railway and buildings; and before any bonds or stock 
shall be issued the amount thereof shall be ascertained and 
fixed by the Commissioners of the District of Columbia; 
and for this purpose said Commissioners are hereby au- 
thorized to subpoena and examine witnesses and take such 
testimony as may be necessarv to enable them to make 
such determination and fix the amount of issue: And 
provided further^ That an appeal may be taken from 
the decision of said Commissioners to the supreme court 
of the District of Columbia. And all bonds or stock 
issued in excess of the amount authorized by said Com- 
missioners or said court, or in violation of the provisions 
of this Act, shall be null and void. Stock sold by the 
company shall be fully paid for before delivery to pur- 
chaser. Stockholders shall be individually liable to the 
extent of the value of the stock held by them. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 219 



TAXES. 

Sec. 21. That the Washington and University Railroad Taxes. 
Company shall annually pay to the District of Columbia a 
franchise tax of five-eighths of one per centum of the 
entire gross earnings of such company, and a personal tax 
of two per centum per annum on the entire gross earnings 
of said company. There shall also be levied and collected 
upon all of the real estate of said company a tax in the 
same manner and to the same extent as upon all other real 
estate in the District of Columbia; said taxes shall be due 
and payable, subject to the same penalties on arrears, and 
collectible in the same manner as other taxes in the Dis- 
trict of Columbia. 

penalties. 

Sec. 22. That each and every violation of the require- Penalties, 
ments of this Act shall be punishable by a fine of from 
twenty-five to one thousand dollars, in the discretion of 
the court; such fines to be collectible in any court of com- 
petent jurisdiction as other fines and penalties are collected 
in the District of Columbia. 

amendment; repeal. 

Sec. 28. That Congress reserves the right to alter, ^^1^°*^°^^^^' 
amend, or repeal this Act. 
Approved, July 8, 1898. 



ii| 



an act To amend the Act of Congress approved July eighth, eighteen March 8. 1899. 
hundred and ninety-eight, entitled "An Act to incorporate the 
Washington and University Railroad Company of the Distnct of 
Columbia." 

Be it enacted hy the Senate and Home of Rejpresentatwes 
of the United States of America in Congress assetnUed, That 
section two of the Act of Congress approved July eighth, 
eighteen hundred and ninety- eight, entitled ''An Act to 
incorporate the Washington and University Railroad 
Company of the District of Columbia," be, and the same 
is hereby, amended so as to read and be as follows: 

"Sec. 2. That the company is authorized to construct Amended route. 
and operate a street railway for carrying passengers along 
the following-named route: Beginning at or near the in- 
tersection of Wisconsin avenue or the Tenallj^town road 
with Trenton street; thence westerly on Trenton street to 
Forty-fourth street; thence northerly on Forty-fourth 
street to Vallejo street; thence westerly on Vallejo street 
to Forty-seventh street; thence northerly on Forty -seventh 
street to Flint street; thence west on Flint street to 
Boundary avenue; thence southerly on Boundary avenue 
to Forty-eighth street; thence southerly on Forty-eighth 
street to Brandy wine street; thence easterly on Brandy- 
wine street to Forty-seventh street, as shown upon the 



220 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

?lans of the third section of highway extensions: Provided, 
'hat where this route lies within the lines of a proposed 
Right of way. highway the company shall acquire a right of way not less 
than thirty feet wide in the center thereof, and all rights 
of way acquired within the lines of proposed highways 
Dedication, ghall be dedicated to the use of the public before a permit 
is issued for the construction of a railroad therein. 
Approved, March 3, 1899. 



m 









li 



WASHINGTON, WOODSIDE AND FOEEST GLEN BAIL- 
WAY AND POWER COMPANY. 

June 29. 1898. ^j^ ^CT Relating to the Washington, Woodside and Forest Glen Rail 
way and Power Company, of Montgomery County, Maryland. 

Be it e7iacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled^ That 
the Washington, Woodside and Forest Glen Railway and 
Power Company, of Montgomery County, Maryland, a 
corporation created, organized, and existing under and by 
virtue of the laws of the State of Maryland, shall have 
Brightwood the right to run its vehicles over the tracks of the Bright- 
Kaiiway. wood Railway Company, and to use the power of that com- 

pany for propelling its cars, or to furnish power to that 
company for that purpose, upon such terms and conditions 
as ma}^ be mutually agreed upon; and in case said com- 
panies are unable to agree in regard thereto, either com- 
pany may apply by petition to the supreme court of the 
District of Columbia, and after reasonable notice thereof 
to the other party said court shall, upon hearing and 
investigation being had, have full power to adjudicate and 
finally determine tne terms and conditions upon which the 
Connecting joint use of Said power and tracks shall be enjoyed; and 
the said companies are each hereby severally authorized 
to enter into any agreement with each other as may be 
necessary to insure a continuity of traflSc over the tracks 
of said companies and under the management of either of 
said companies: Provided^ That nothing contained herein 
shall operate to relieve the Brightwood Railway Company 
of any of its charter obligations, limitations, requirements, 
and restrictions, all of which shall remain in full force and 
effect, and shall be binding in all respects upon any com- 
pany operating cars upon the route of said Brightwood 
Railway Company. 

Sec. 2. That Congress reserves the right to amend or 
repeal this Act. 

Approved, June 29, 1898 



routes, 



WASHINGTON AND GREAT FALLS ELECTEIC RAILWAY COMPANY. 

AN ACT To incorporate the Washington and Great Falls Electric Rail- July 29, 1892. 

way Company. stats. 27, p. 326. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled, inat^nd Great Fails 
W. C. Codd, and James F. Morrison, of the Stete of Mary- ^le^tneRaiiway 
land and James L. Barbour, James Robbms, bmith i:'ettit, porated (amend- 
John G. Slater, Edwin Baltzley, Edward Baltzley, J. P. ^>- 
Clark, Simson De. F. Jennings, and Edward B. Gottrell, 
of the District of Columbia, and their associates and suc- 
cessors, are hereby created a body politic and corporate, m 
fact and in law, by the name of the Washington and Great 
Falls Electric Railway 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 m 
all courts of law and equity, and may make and have a 
common seal, and alter the same at their pleasure; and the 
said corporation is hereby authorized to locate, construct, 
equip, maintain, and operate a continuous line of single or 
double ti-ack railway, and all necessary sidings, stations, 
switches, turn-outs, and other devices, and to operate the 
same by electricity through and along the f ollowmg named 
streets, avenues, and roads, to wit: Beginning at a point Route (repeal- 
to be located by the Commissioners of the District of 
Columbia, west of the north end of the Aqueduct Bridge, 
and running thence west over the Canal road on an ele- 
vated railway of iron colums [«^c] and beams, with wood 
cross-ties and guards, to be built so as not to interfere with 
the use of the Chesapeake and Ohio Canal and so as to pre- 
serve to the public the full use of the Canal road. The 
said company shall submit the plans of said elevated rail- 
way to the Commissioners of the District of Columbia for 
their approval, and no work shall be done on said railway 
by said company before such approval in writing. In 
respect of everything that may pertain to the strength of 
the structure and to the safety and convenience of the 
public the construction and operating of said elevated 
railway shall at all times be subject to the control and 
approval of the said Commissioners, and the said company 
shall make good to the District of Columbia all damages 
done by it or by its contracting agents to the Canal road 
and other roads belonging to the District of Colmnbia, and 
shall also make good to the District of Columbia all the 
costs of inspection of the company's work by the au- 

i 221 



I 



I; 



222 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

thorized agents of the said District. In respect of every- 
thing that may pertain to the safety of the United States 

Water mains, water mains in the Canal road, the plans, the construc- 
tion, and the operating of said elevated railway shall 
be subject to the control and approval of the Secretary of 
War. For the safety of travel on said Canal road, and before 
commencing to run its cars on said elevated railway, and 
subject to the inspection and approval of the Commission- 
ers of the District of Columbia, the said company shall, at its 
roa!i??re" Sedf ^^^ expense, construct a substantial masonry wall between 
^^ said Canal road and the Chesapeake and Ohio Canal 
throughout the entire distance on said road occupied by 
said elevated railway; and the said company also at its 
own expense and witnin the same time and subject to the 
same approval and acceptance, shall pave the said portion 
of said road with granite blocks or vitrified brick in the 

Boute. best manner. From the Canal road the route of said rail- 

way is to run westerly along the top of the bluff on the 
north side of the Canal road, and outside and south of the 
southern boundary of the land of the Washington Aque- 
duct pertaining to the distributing reservoir, to a point on 
said boundary not more than six hundred feet from the 
western boundary of said land; thence across said land 
but at no point less than two hundred feet from the outer 
crest of the dam of said reservoir, to said western bound- 
ary; thence westwardly on a route exterior to and on the 
south side of the land of the United States pertaining to 
the Conduit road to the land of the said aqueduct pertein- 
ing to the receiving reservoir; thence through said land to 
a point on the land of said aqueduct near the westerly foot 
of Delecarlia Hill; thence westwardly on a route exterior to 
and on the south side of the land of the United States per- 
taining to the Conduit road to Cabin John Creek, return- 
ing thence along the same line, by return tracks to the 
place of beginning, with the privilege of constructing a 
branch line, with a single or double track, from the Con- 
duit road lands south to Chain Bridge, on land to be ac- 

waj^dia^f be^"- <l^i^'^^ ^y *^^ Corporation: Provided^ That there shall be 
aiiei to Conduit but One railway parallel to and near the Conduit road and 
"** * there shall never be more than one double track on or over 

the Canal road, and all acts or parts of acts granting the 
use of the surface of the Canal road, or any part thereof, for 
laying railway tracks thereon and operating cars thereon are 
hereby repealed; and wherever the route specified in this 
trw;ki°*^**^*°^^^^ is parallel with or coincides with the route of any other 
railway the two companies shall maintain and use but one 
set of double tracks, and any violation of this provision by 
the said Washington and Great Falls Electric Railway Com- 
pany shall operate as a repeal of this charter; and matters of 
dispute between the companies respecting railways parallel 
to the Conduit road, and affecting the same, whether in the 
District of Columbia or in Maryland shall be referred to 
and determined by the Secretary of War and matter in 
dispute between the companies respecting railways on the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 223 

Canal road shall be determined upon the application of 
either road to any court in the District of Columbia having 
competent jurisdiction. The inner rail of said Washing- je^j^m c^ntS 
ton and Great Falls railway shall not at any place on the of conduit road. 
line of said railway be less than one hundred feet from the 
middle of the paved portion of the Conduit road. Wherever ^q^JSict iJSdf 
the said railway shall run over or across any of the lands 
of the United States or any of the accessory works of the 
Washington Aqueduct as provided in this act, it shall be 
done only on such lines, in such manner, and on such con- 
ditions as shall be approved by the Secretary of War and 
accepted by said company, and no works shall be done on 
said railway on any of said lands until after such approval 
and acceptance in writing. No steam car?, locomotives, or 
passenger or other cars for steam railways shall ever be run 
over the tracks of said railway within the District of Colum- 
bia or on said lands. So much of said railway as may be 
in the State of Maryland must first have the approval of 
the authorities of said State. Said company shall, before 
commencing work on said railway, deposit with the Treas- Deposit 
urer of the United States to the credit of the Washington 
Aqueduct the sum of five thousand dollars, to defiay all 
the expenses that may be incurred by the United States in 
connection with the inspection of the company's work on 
the lands of the United States and any of the company's 
work that may affect the interests of the United States, 
and in making good any damages done by said company or 
its works to any work or land or other property of the U nited 
States, and in completing, as the Secretary of War may 
deem necessary, any of the company's work that the s lid 
company may neglect or refuse to complete and that the 
Secretary of War may consider necessary for the safety 
of the Washington Aqueduct and the works pertaining 
thereto, including its telephone line, or for the proper drain- 
age of the United States lands, its reservoirs and other 
works, or for the proper use and orderly appearance of the 
Conduit road; and the said company and its successors 
shall also deposit as aforesaid such further sums for said 
purposes and at such times as the Secretary of War shall 
direct. The said moneys shall be disbursed like other 
moneys appropriated for the Washington Aqueduct, and 
whatever shall remain of said deposits after the comple- 
tion of the work for which they may be obtained shall be 
returned to said company with an account of their dis- 
bursement in detail. The disbursements of said deposits 
shall, except in case of emergency, be made only on the 
order of the Secretary of War. During the construction and 
after the completion of said railway its agents and servants, 
when on the public land of the U nited States, shall be subject 
to such regulations as the Secretary of War may prescribe. 
The provisions of this act, as far as applicable shall apply 
to any extension of this railway in the State of Maryland 
that may be granted by the authorities of said State; and 
the said Washington and Great Falls Railway may cross 



Disbursement. 



Construction. 



Gauge. 



Fftying. 



224 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

, the projection of the United States land at a point on the 
south side of the Conduit ]coad just west of the distribut- 
ing reservoir, and the provisions of section fifteen of the 
act of Congress approved February twenty-eight, eighteen 
hundred and ninety-one, entitled '* An act to incorporate 
the Washington and Arlington Railway Company, of the 
District of Columbia," shall control and govern all the 
privileges granted by this act to the Washington and Great 
Falls Electric Railway Company, and said section shall be 
held to include the Washington Aqueduct and its tunnels 
and all other works connected therewith. Said Washington 
and Great Falls Railway shall everywhere be constructed 
m a neat and substantial manner, of good material, subject 
for such parts of the line as are within the jurisdiction of the 
Commissioners of the District of Columbia, to the supervi- 
sion and approval of said Commissioners, and, for such parts 
of the line as are in any jurisdiction outside of the District 
of Columbia, to the supervision and approval of the proper 
authorities of such jurisdiction; the gauge of the track to 
be the same as that of the Washington and Georgetown 
Railway; and the said Washington and Great Falls Rail- 
way Company shall where its tracks run on or across any 
street or road which is under the jurisdiction of the Com- 
missioners of the District of Columbia, or across any other 
road outside the District of Columbia, pave the same between 
the rails and sets of rails and two feet outside thereof with 
such material and in such manner as shall be approved by 
such proper authorities, as the case may require, and shall 
keep the same in repir at its own expense; and if the said 
corporation shall fail to make any necessary repairs within 
ten days after notice has been given by said authorities 
the repairs shall be made by said authorities and the cost 
thereof, except as hereinbefore provided, if not paid volun- 
tarily, shall be recovered by them before any court of com- 
petent jurisdiction; and the amount of such repairs shall 
be a hen upon all property of said company from the time 
the same are made until paid bv the company. That the 
said corporation shall operateMts said road by electric 
power, and for this purpose it is hereby authorized to 
erect and maintain such poles and aerial lines as may 
be necessary for the proper conduct of said power; such 
lines to be built in the most perfect and substantial man- 
ner. Provided^ That in order to prevent any danger or dam- 
^e to the United States telephone line between the Great 
w u- Potomac and Washington, belonging to the 

Washington Aqueduct, or to its instruments, from the elec- 
tric wires of said railway company, the said company shall, 
at all times and at its own expense remove, change, and 
protect said telephone line in such manner as may be 
directed by the Secretary of War. The said corporation 
shall, before operating said railway, erect and maintain 
subject to the approval of the Secretary of War, at its own 
expense, a neat, well-painted, and substantial fencie, four 



Poles 
wires. 



Fence. 



Lights. 



Mains. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 225 

feet in height, on each side of its tracks, through the lands 
of the United States, and also at such places along the 
Conduit road as the Secretary of War may deem necessary, 
with suitable openings and crossings for "^roadways, and at 
such places as the Secretarv of W^r shall consider to be 
required for the safety of the use of said roadways. That 
the said corporation shall, at its own expense, maintain 
electric lights along the entire length of its railway during 
the hours after nightfall that its cars shall run, and at 
least until twelve o'clock and thirty minutes antemeridian, 
which lights shall be located so as to light all roads on 
and across which it shall pass, and shall be placed at such 
points along the proposed road as the Secretary of War 
shall direct, and shall also light Chain Bridge in the same 
manner and during the same hours. No claim for dam- 
ages shall ever be made by said company or its successors 
m consequence of the exercise of any of the rights of the 
United States under this act. (The construction of said 
railway on any street where there are or may be any 
mains, fixtures, or apparatus pertaining to the Washing- 
ton Aqueduct shall be subject to such conditions as mav 
be approved by the Secretary of War, which conditions 
must be obtained and be accepted in writing by said com- 
pany before commencing any work on such street, and the 
operations of said company in respect of the safety of such 
mains, fixtures, or apparatus shall always be subject to the 
control and direction of the Secretary of War, and subject 
to the right of the Secretary of War or other lawful pub- 
lic authority to interrupt the construction or use of said 
railway, whenever necessary for the protection or repair ^j 
of such mains, fixtures, or apparatus.) Eflicient signals ^ 
py ffong or bell shall be made by every car before and dur- 
ing the crossing of the Conduit road. The rate of speed 
at which the cars may run on said road shall not exceed 
five miles per hour on or across any street or road, and 
the fare for riding over the said road shall not exceed ten 
cents each way per passenger, and this amount may be 
divided into divisions of five cents each. The work of .. , ,. 
construction and the operating of said railway by said ancTSpewtloi? 
company on the lands of the United States shall be subject 
to such regulations as the Secretary of War may prescribe, 
and the exercise of the rights by this act granted are to 
terminate at the pleasure of the'^Secretary of War in case 
of persistent neglect by said company or by its successors 
to make the deposits or to comply with any of the condi- 
tions, requirements, and regulations aforesaid. 

Sec. 2. That the capital stock of said company shall be stock. 
fiftv thousand dollars-, divided into shares of one hundred 
dollars each, which capital stock may be increased from 
time to time upon a majority vote of the stockholders, but 
not to exceed the actual cost of right of way, construction, 
equipment, station houses and other buildings necessarv 
to the operation of said road. The said company shall 

16400—05 15 



il 



Speed. 



Construction 



226 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



default 



Payments. require the subscribers to the capital stock to pay in cash, 
to the treasurer appointed by the incorporators, the amounts 
severally subscribed by them, as follows, to wit: Fifty 
per centum at the time of subscribing, and the remainder 
at such times and in such amounts as the board of direct- 
ors shall require, and no subscription shall be deemed 
valid unless the fifty per centum thereof shall be paid at 
the time of subscribing; the remainder of said subscrip- 
tion to be paid at such times and in such amounts as the 
board of directors may require, as hereinbefore pro- 

^^ieof8tockin^,j^jg^j. g^pjj -f ^jjy stockholder shall refuse or neglect to 

pay any installments as aforesaid, as required by the board 
of directors, after thirty days' notice in writing, the said 
board of directors may sell at public auction, to tne highest 
bidder, so many shares of his stock as will pay the install- 
ments; and the person who shall offer to take the least 
number of shares for the assessments due shall be taken as 
the highest bidder, under such general regulations as may 
be provided in the by-laws of the company, but no stock 
shall be sold for less than the total assessments due and 
payable; or the company may sue and collect the same from 
a delinquent subscriber in anj^ court of competent jurisdic- 
tion. No certificate of stock shall be issued until the par 

^^l^eJc"^®^ value thereof has been fully paid up. The company may 
buy, lease, or construct such passenger rooms, ticket oflSces, 
depots, workshops, and buildings as may be necessary, at 
such points, not on the land of the United States, along the 
lines as the business of the railway and the convenience of 
the public may require, and connect its tracks therewith; all 
of the above subject to the approval of the proper authori- 
ties. W henever one-fourth of the capital stock of the com- 
pany so subscribed shall have been paid in, bonds may be 
issued, in the discretion of the board of directors, to an 
amount not exceeding the balance of the stock unpaid, which 
bonds may be secured by mortgage of its franchise and prop- 
erty, real and personal: Provided^ That the moneys raised 
on said bonds shall be used and expended only for the com- 
pletion and improvement of said road and the equipment 
thereof. But this section is subject to the provision that 
said corporation shall not have or issue any greater num- 
ber of shares of stock than the nominal value of such shares 
shall equal the actual and necessary cost of the construc- 
tion and equipment of such railroad, which sum shall first 
be ascertained and authorized upon petition therefor to the 
. Supreme Court of the District of Columbia, under such 
rules and regulations as the chief justice and judges thereof 
shall prescribe efficient to limit the stock of such corpo- 
ration in the aggregate to the actual and necessary cost 

?rtg^i. * " ^ thereof. That if it shall be desired by such corporation to 
issue bonds upon its said property, secured by mortgage or 
otherwise, upon petition therefor to said court, setting forth 
the necessity thereof and the amount of stock issued and 
outstanding, it may and shall be lawful for such court, or 
the chief justice or justices thereof, as the case may be, or 



Bonds. 



mortgages. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 227 

one of them, upon public notice, to be prescribed by the 
rules of the court, to permit the issuance of such bonds and 
mortgage if desired: Provided, howeve7\ that an amount of 
stock equal to the bonds so issued shall be first canceled 
and adjudged annulled: Provided, That if in the course of 
the construction and equipment of such railroads it should 
appear that the amount of stock authorized as provided 
herein should not be sufficient for the purposes desired, the 
said Court may upon further petition and hearing authorize 
the issuing of such further stock as in its judgment may 
be deemed necessary to carry out the purposes of this act: 
And jjrovided further, that such stock and bonds may be 
issued as the work progresses. 

Sec. 3. That within thirty days after the passage of this Meeting of cor- 
act the corporators named in the first section, or a majority ^'*^°''- 
of them, or if any of them refuse or neglect to act, then the 
majority of the remainder, shall cause books of subscription subscription to 
to the capital stock of said company to be opened and kept"'^^" 
open m some convenient place in the District of Columbia 
from ten o'clock in the f orenoonuntilf ouro'clockin the after- 
noon, for a period to be fixed by the corporators, not less 
than two days, unless the whole stock shall be sooner sub- 
scribed; and the said corporators shall give public notice 
by advertisement in one or more of thedaily papers published 
in the city of Washington, of the time when and place where 
the said books shall be opened; and the subscribers upon 
said books to the capital stock of the said company shall be 
held to be stockholders: Provided, That every subscriber Payments, 
shall pay, at the time of subscribing, fifty per centum of the 
amount by him subscribed to the treasurer appointed by the 
corporators, or his subscription shall be void; and when the 
books of subscription to the capital stock of said company 
shall be closed the corporators, and, in case any of them 
refuse or neglect to act, then a majority of the remainder, 
shall within twenty days thereafter, call the first meeting Meeting of 
ot the stockholders of said company to meet within ten ^^^^^^^^^ers. 
days thereafter, for the choice of directors, of which said 
meeting notice shall be given in a daily newspaper pub- 
lished in the city of Washington and by written notice 
mailed to each stockholder, and each stockholder shall be 
entitled to one vote for each share of stock standing in his 
name on the books of the company, which vote may be cast 
in person or by proxy: Provided, That it shall be unlawful f«SS^^"^***°" 
for the company hereby incorporated to consolidate with '*'^'^''^°- 
any other railroad company now in existence, or which may 
hereafter be chartered, whose route shall be substantially 
the same as the route herein provided for; and any such 
consolidation shall of itself operate as a forfeiture of this 
charter. If the charter or f i-anchise herein granted be sold 
or transferred to any company or person before the road 
shall have been fully constructed, such sale or transfer shall 
of itself operate as a forfeiture of this charter. 

Sec. 4. That the government and direction of the affairs i^irectow. 
of the company shall be vested in the board of directors 
which shall consist of seven members, who shall be stock- 



f 



I 



m 




4! 



Officers. 



By-laws. 



Free use 
roadway. 



228 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

hx)lders of record and shall hold their oflSce for one year 
and until others are duly elected and qualified, and the said 
directors (a majority of whom shall be a quorum) shall elect 
one of their number to be president of the company, and they 
shall also choose a vice-president, a secretary, and a treas- 
urer, each of whom shall give bond, with surety, to the com- 
panv, in such sum as the directors may require, for the 
faithful discharge of his trust. In case of a vacancy in the 
board of directors from any cause such vacancy shall be 
filled by the remaining directors. The directors shall have 
power to make such rules, regulations, and by-laws as they 
may deem needful and proper for the management of the 
stock, property, estate, and effects of the company not con- 
trary to the charter or the laws or ordinances in force in 

^^nnuai meet- ^he District of Columbia. There shall be an annual meet- 
ing of the stockholders for the choice of directors, to be 
held at such time and place and under such conditions 
and upon such notice as the said company in its by-laws 
may prescribe, and the said directors shall annually make 
a report, in writing, of their doings to the stockHolders. 
Said company shall have at all times, except as otherwise 
of provided, a free and uninterrupted use of the railway, and 
if any person or persons shall willfully, mischievously or 
unnecessarily obstruct or impede the passage of cars on 
the railway with a vehicle or vehicles, or otherwise, or in 
any manner molest or interfeie with passengers or opera- 
tors while in transit, or destroy or injure the cars of said 
railway, or depot, or stations, or other of the property be- 
longing to the said railway, the person or persons so offend- 
ing shall forfeit and pay for each offense not less than 
twenty-five nor more than one hundred dollars, to be recov- 
. ered as other tines and penalties are recovered in the juris- 
diction in which the offense may be committed; and shall 
be liable in addition to said penalty for any loss or damage 
occasioned to said company by his or her or their acts as 
aforesaid, to be recovered by said company for its use before 
any court of competent jurisdiction. No person shall be 
prohibited the right to travel on the cars of the said road or 
be ejected therefrom by the company for any other cause 
than being drunk, disorderly, or contagiously diseased, or 
for the use of obscene language, or refusing to pay the 
legal fares exacted, or to comply with the lawful regula- 
tions of the company. The said company shall have the 
right of way across all duly authorized railways within the 
limits of the lines granted by this act, and is hereby au- 
thorized to construct its said road across such other rail- 
ways: Provided, That it shall not interrupt the travel of 
such other railway in such construction nor shall it cross 
any steam railroad at grade: And provided also. That the 
said Washington and Great Falls Electric Railway, and 
all railways crossed by it shall be subject to such provi- 
sions and regulations for the safety of passengers at said 
crossings as the proper authorities may prescribe. Theprin- 

Principal office, eipal office of said company shall be situated in the city of 



Crossings. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



229 



I 



Condemnation 
proceedings. 



Washington, and all books and papers belonging to the 
business of said company shall be kept thereat and open 
at all times to the inspection of the stockholders. The 
book in which transfers of the stock are entered and re- 
corded shall be closed, for the purpose of such transfers, 
thirty daj^s before the annual meeting. i . 

Sec. 5. That for the purpose of locating, constructing, Necessary land, 
maintaining, and operating the stations, tracks, railroads, 
shops, and other structures or buildings herein provided 
for, said company is hereby authorized and empowered to 
take, acquire, and hold in fee simple the land necessary for 
such purposes; but before proceeding so to do the said com- 
pany shall first obtain the assent of the owner or owners 
of said land, and if such owner or ov/ners shall be absent 
from the said city of Washington, or the District of Colum- 
bia, or shall refuse to give such assent on such terms as such 
company shall approve, or by reason of infancy, coverture, 
or insanity, or any other cause, shall be legally incapable of 
giving such assent, it shall be lawful for said company to 
make application, in writing, to the Supreme Court of the 
District of Columbia, or a ]udge thereof, for the appoint- 
ment of three commissioners to estimate the damages which 
the owner or owners of the land or other property sought 
to be taken shall sustain by the taking thereof by the said 
company. Said application shall describe the land or other 
propertj^ sought to be taken, and give the name or names 
of the owners thereof, as far as the same may be known to 
said company; and said supreme court of the District of 
Columbia, or a judge thereof, shall thereupon appoint three 
discreet and disinterested freeholders of said District of 
Columbia, none of whom shall be residents or owners of 
property upon or adjoining the line of said railroad, or inter- 
ested therein, or related to any person interested in said 
land or a stockholder in said company ; and before said com- 
missioners shall act the clerk of said court shall administer 
an oath or affirmation to each of them that he will justly 
and impartially estimate the compensation that the owner 
or owners of such lands or other property will be entitled 
to by reason of the taking of the same by the company, 
and the said supreme court of the District of Columbia, 
or a judge thereof, shall appoint a time not less than ten 
nor more than twenty days after due notice to the parties 
in interest, which notice shall be given in the form required 
by the order of said supreme court of the District of Colum- 
bia, or a judge thereof, appointing said commissioners, and 
said commissioners shall proceed to estimate, after viewing 
the premises, the value of the land so proposed to be taken 
by said company, and the damages, if any, to the residue 
of the tract so taken or occupied, or to be taken or occu- 
pied, or the material so used or taken away, as the case 
may be, having due regard to and making just allowance 
for the advantages which may have resulted, or which may 
seem likely to result, to the owner or owners of said land 
or materials in consequence of the making or opening of 



i 




tt 



230 



LAWS RELATING TO STKEET-RAILWAY FRANCHISES. 

said railroad and of the construction of the works con- 
nected therewith, and after having made a fair and iust 
comparison of said advantages and disadvantages thev 
shall estimate and determine whether any, and, if any what 
amount of damages have been or may be sustained, and to 
whom payable, and make report in writing signed by them 
or a majority of them, and file the same with the clerk of the 
supreme court of the District of Columbia; and if any dam- 
ages be awarded and the report be confirmed by the said 
court, judgment shall be entered thereon, and if the amount 
thereof be not paid within thirty days after the entry of 
such judgment execution may issue thereon as in the case 
ot other judgments of said court for the sum so awarded, 
and the cost and expenses incurred shall be defrayed bv 
the said lailroad company, and each of said commissioners 
shall be entitled to ten dollars per day for every day neces- 
sarily employed in the performance of the duties herein 
prescribed, to be paid by such railroad company. Said 
return ot said commissioners shall be confirmed by said 
court or a judge thereof, at any time after the expiration 

!? -L^ P'^"^ ^""^ ^^^^^' ^^^ ^at^ of the filing of said 
report with the clerk of said court, unless an appeal from 
said award shall be taken and perfected as hereinafter 
provided; and either party may appeal to the said court 
within ten days from and after the return of the said award 
to said court by filing notice of such appeal with the clerk 
of said court, and upon said appeal the case shall be dock- 
eted in said court m the ordinary form, in which the com- 
pany shall be plaintiff and the other parties shall be defend- 
ants, and shall be tried by a jury, if either party shall require 
the same, according to the ordinary course of trial bv jurv 
in said court. Should said company desire to take posses- 
sion of the land and property mentioned in its said appli- 
cation prior to the determination of the appeal, it shall have 
the right so to do upon filing with the clerk of said court a 
bond in the penal sum of double the amount of said award 
conditioned to pay such judgment as may be given bv said 
court upon the trial of the appeal. The sureties on said 
bond and the form thereof shall be approved by said court. 
In case the j udgment rendered by the court upon said appeal, 
either with or without a trial by jury, shall be for a sum 
less than the amount awarded by the commissioners afore- 
said, then the costs shall be paid by the parties defendant: 
m case the judgment shall be for a greater sum than the 
amount awarded by the commissioners, then the costs shall 
be paid by the company, and judgment for costs shall be 
rendered accordingly. Upon payment of the judgment ren- 
dered by said court, either upon the confirmation of the 
award or upon trial of the appeal, or upon tender of such 
payment, the company shall be entitled to all the rights 
interests, and estate of the parties to the proceeding to the 
same extent as if the same had been legally conveyed bv 
them m fee simple to said company, unless the said com- 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 231 

pany shall within ten days after the rendition of said judg- 
ment disclaim the taking of said property, which shall be 
done in writing and filed in said case. An appeal shall lie 
from the judgment of said court to the supreme court in 
general term or to the Supreme Court of the United States, 
as now allowed b}^ law in other cases, an«d the said company 
shall be, and is herebj'^ authorized and empowered to con- 
struct, operate, and maintain said tracks, and in addition 
thereto tracks to and into the yards and stations aforesaid, 
and any of them in connection with the tracks or any of 
them hereinbefore authorized or prescribed. 

Sec. 6. That the work on said road shall commence commence- 

• xu* £ J jfj. J.V- £ Ai_ • J. 1 ment and com- 

withm one year irom and after the passage of this act, and p i e t ion (re- 
shall be complete its entire distance, and have cars running p^»^^)- 
thereon for the accommodation of the public within two 
years from the passage of this act; otherwise this charter 
shall be null and void. 

Sec. T. That said railway company shall, on or before Annual report 
the fifteenth 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 bonded and other indebtedness and 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 T)y affidavit 
of the president and secretary of said 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 to be instituted judicial proceedings to forfeit this 
charter; and said company shall pay to the District of 
Columbia, in lieu of personal taxes upon personal property, 
including cars and motive power, eadi year four per centum 
of its gross earnings, whicn amount shall be 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 proper t}" of said 
company, both real and personal, to a sufficient amount, 
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 personal taxes upon its property, 
used solely and exclusively in the operation and manage- 
ment of said railway. Its real estate shall be taxed as 
other real estate in the District: Provided^ That its tracks 
and elevated railway structure shall not be taxed as real 
estate. 

Sec. 8. That Congress may at any time amend, alter, or 
repeal this act. 

Approved, July 29, 1892. 



t 



ft 



M 



Taxea 



Amendment. 



Amendment. 



Change 
route. 



of 



232 LAWS BELATING TO STREET-RAILWAY FRANCHISES. 

August 23. 1894. AN ACT To amend an act entitled '*An act to incorporate the Wash- 
stats. 28, p. 492. ington and Great Falls Electric Railway." 

and^G^^ ValS ^^ ^^ enacted hy the Senate and House of Rejpresentatwes 
Electric Ry. Co. ofthe United States of America in Congress assembled^ That 
' the Act of Congress entitled "An Act to incorporate the 
Washington and Great Falls Electric Railway Company," 
approved July twenty -ninth, anno Domini eighteen hun- 
dred and ninety-two, be, and the same is hereby, amended 
by striking out all that part of the first section of said Act 
commencing with the word ''beginning," in line seventeen, 
and ending with the words "is to run," in line forty-nine, 
and inserting in lieu therof the following: 

Beginning at a passenger station to be erected and main- 
tained on the square bounded by Prospect, Thirty-fifth', M, 
and Thirty-sixth streets, northwest, as hereinafter provided 
for; thence westerly along Prospect street to or near Thirty- 
eighth street northwest; thence westerly and northerly on 
land to be acquired, except at street crossings, by said com- 
pany to aijd across the Foxhall road; thence 

At the end of Section one add: Every car shall be brought 
to a full stop before crossing the Foxhall road. It shall be 
the duty of the Commissioners of the District of Columbia 
to inspect, or to cause to be inspected, from time to time, 
the cars operated on said road, and to require of the said 
company that all cars and stations shall be of the first class, 
and shall be maintained in good condition, and that cars 
shall be run according to schedules which shall accommo- 
date the public; the said Commissioners shall also have the 
power to make such regulations as to the rate of speed. 
Removal of ice *^® ^^^ ^^ tracks, the removal of ice and snow from off the 
and snow. tracks, as the public interests may require; failure to com- 
ply with any such requirement or regulation, or failure to 
stop cars before crossing the Foxhall road, shall subject 
the company to a fine of fifty dollars for each such failure, 
which fine may be recovered in any court of competent 
jurisdiction. 

in^tende?^"^' . ^^^' ^- ^^^* Section six of said charter be, and the same 
is hereby, repealed: Provided, Jumecer^ That the said road 
shall be completed to the boundary of the District of Colum- 
bia and have cars running thereon regularly for the accom- 
modation of the public within twelve months and to Cabin 
John Creek within eighteen months after the passage of 
this Act; otherwise this Act shall be null and void. 
tio^Teaf iqui: ^^^- ^- That in order to accommodate the street railway 
duct Bridge. traflSc that may converge at or hear the Aqueduct bridge, 
under authority granted or to be granted by Congress, a 
passenger station is hereby authorized. Such station shall 
nave ample provision for the safe, convenient, and com- 
fortable transfer of passengers to and from the cars of the 
street railways using the same. All plans for such station , 
and its necessary approaches shall be subject to the written ' 
approval of the Commissioners of the District of Colum- 
bia. The said Commissioners shall have the power to set- 
tle any differences which may arise between the companies 



Schedule. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 238 

using the said station as to compensation or rentals or as 
to the necessary regulations for the control of said station. 
The said passenger station shall be constructed and main- 
tained as a union passenger station, for the use of street 
railways only, by the Washington and Georgetown Rail- 
way Company. Said station shall be located on land 
already owned or hereafter to be acquired by the aforesaid 
company, which land shall be bounded on the north by 
Prospect street, on the east by a line drawn not less than 
one hundred and twenty feet west of the west line of 
Thirty-fifth street, on the south by M street, and on the 
west by Thirty-sixth street northwest. Within one year 
from the approval of this Act the said Washington and 
Georgetown Railway Company shall complete the said 
station and shall extend its tracks on M street northwest 
to a point not less than one hundred and twenty feet west 
of Thirty-fifth street, and thence into said station; and 
thereafter the said company shall cease entirely to switch 
cars on M street northwest. 

Sec. 4. That the street railway companies mentioned in ^^^^ge o^f wa- 
this Act, and hereafter all street railway companies in the ^^ "^^°^^' ^ 
District of Columbia, respectively, shall bear all the ex- 
penses that may be incurred by the United States in making 
and inspecting such changes to the water mains, fixtures, 
or apparatus of the Washington Aqueduct as may be ren- 
dered necessary by the construction or extension of such 
several roads; and the Secretary of War is hereby author- 
ized and directed to make all regulations to carry into 
effect the provisions of this section. 

Sec. 5. That the Act to amend the charter of the Eck- ^^^^^^^ 
ington and Soldiers' Home Railway Company, approved Railway. 
July fifth, eighteen hundred and ninety-two, is hereby 
amended by striking out in Section one, beginning in line 
six with the words, "Beginning at the intersection of" to 
and including the words ' ' point of beginning " in line twenty- 
nine, and inserting in place thereof the following: 

Beginning at the intersection of Fifth and G streets ^^ch a n g e oi 
northwest, east along G street to New Jersey avenue and "" 
First street: thence south along First street northwest to 
C street northwest; thence east along C street (around the 
south side of Stanton Square by single track) to Fifteenth 
street northeast; thence north on Fifteenth street to D street 
northeast; thence west on D street to Fourth street north- 
east; thence south on Fourth street to C street northeast; 
thence west on C street to New Jersey avenue; thence 
north on New Jersey avenue to D vstreet northwest; thence 
west on D street to Fir^t street, and to the point of begin- 
ning; also beginning at the intersection of G street north- 
west and New Jersey avenue, thence across New Jersey 
avenue to and along G street to North Capitol street, thence 
north on North Capitol street to New York avenue, con- 
necting with the main line and the North Capitol street 
branch; also beginning at the intersection of G and Fifth 
streets northwest; thence south on Fifth street to Louisi- 



II 



234 LAWS RELATING TO STREPJT-RAILWAY FRANCHISES. 

• ana avenue, thence along Louisiana avenue to Sixth street 
west; thence south along Sixth street to B street northwest; 
thence west on B street (over its own tracks for such a dis- 
tance as the Commissioners of the District of Columbia 
shall determine) to a point to be located by the said Dis- 
trict Commissioners near the east curb line of Seventh 
street northwest, and returning by the same route to Fifth 
street northwest. 

Also by inserting in Section two after the word "hun- 
dred" the words, '^and fifty." 

Also by inserting in Section three, as amended, after the 
words "two years" the words, "and three months." 

Sec. 6. That Congress reserves the right at any time to 
alter, amend, or repeal this Act. 

Approved, August 23, 1894. 



Amendment. 



ed. 



Route extend 



June 3. 1896. AN ACT To amend an act entitled "An act to incorporate the Washing- 
ton and Great Falls Electric Railway Company." 

gJS?f^is EtJc"*- ■ ^^ ^^ enacted hy the Senate and House of Bepresmtatives 
\Vh iVx ^""^^/^^ United States of America in Congress assembled. That 
amended). the Act entitled "An Act to incorporate the Washington 
and Great Falls Electric Railway Company," approved July 
twenty-ninth, eighteen hundred and ninety-two, and the 
amendment thereto approved August twenty-third, eight- 
een hundred and ninety-four, be, and the same are hereby, 
amended as follows: 

Section one shall be amended to read as follows, com- 
mencing with the word "beginning," in line seventeen: 

' ' Beginning at a passenger station to be erected and main- 
tamed on the square bounded by Prospect, Thirty -fifth, M, 
and Thirty-sixth streets northwest, as hereinafter provided 
for; thence westerly along Prospect street to or near Thirty- 
eighth street northwest; thence westerly and northerly on 
land to be acquired, except at street crossings, by said com- 
pany, to and across the Foxhall road; thence westerly along 
the top of the bluff on the north side of the Canal road, and 
outside and south of the southern boundary of the land of 
the Washington Aqueduct pertaining to the distributing 
reservoir, to a point on said boundary not more than six 
hundred feet from the western boundary of said land; thence 
across said land, but at no point less than two hundred feet 
from the outer crest of the dam of said reservoir, to said 
western boundary; thence westwardly on a route exterior 
to and on the south side of the land of the United States 
pertaining to the Conduit road to the land of the said aque- 
duct pertaining to the receiving reservoir; thence through 
said land to a point on the land of said aqueduct near the 
westerly foot of Dalecarlia Hill; thence westwardly on a 
route exterior to and on the south side of the land of 
the United States pertaining to the Conduit road, except 
in the vicinity of Washington Aqueduct boundary stone 
numbered thirty-one, as hereinafter described, to Cabin 



routes. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 235 

John Creek, returning thence along the same line, by return 
tracks to the place of beginning, with the privilege of con- 
structing a branch line, with a single or double track, 
from the Conduit road lands south to Chain Bridge, and a 
branch line north, beginning and connecting at a point on 
its main line, about oppositis said Chain Bridge; thence 
running northerly on land to be acquired by said cor- 
poration to the Conduit road; thence across the Conduit 
road at right angles and on the grade of this road; thence 
northerly on land to be acquired by said corporation, ex- 
cept across and along streets, where necessary, to a point 
on the Georgetown and Tenallytown Railway at or near Branch to Ten- 
the junction of the Loughboro road with the River road. "* ^^^ "** " 
Also, beginning and connecting on Thirty-seventh street 
northwest at its junction with Prospect avenue; thence 
north along Thirty-seventh street one hundred and twenty 
feet; thence easterly on land to be acquired by said corpo- 
ration two hundred and forty feet; thence southerly on land 
to be acquired by said coi*poration one hundred and twenty 
feet to Prospect avenue and to connect with its present 
tracks: Provided, That there shall be but one railway par- 
allel to and near the Conduit road; and whenever the route 
specified in this Act is parallel with or coincides with the^ coincidinjt 
route of any other railway the two companies shall main- 
tain and use but one set of double tracks, and any viola- 
tion of this provision by the said Washington and Great 
Falls Electric Railway Company shall operate as a repeal of 
this charter; and matters of dispute between the companies 
respecting railways parallel to the Conduit road, and affect- 
ing the same, in the District of Columbia shall be referred 
to and determined by the Secretary of War; and matters 
in dispute between the companies respectin g railways on 
the Canal road shall be determined upon the application of 
either road to any court in the District of Columbia having 
competent jurisdiction. The inner rail of said Washington tralj^! 
and Great Falls Railway shall iiot, at any place on the line 
of said railway, be less than one hundred feet from the 
middle of the paved portion of the Conduit road, except in 
the county of Montgomery, in the State of Maryland, in 
which count}^ said inner rail shall not be less than fiftj^ feet 
from the middle of the paved portion of the Conduit road; 
and the said railroad may cross, under such conditions as the 
Secretary of W ar ma}^ impose, the lands of the United States 
at Chatauqua, between Washington Aqueduct boundary 
stone numbered thirtv-one and a planted stone south thirty- 
six degrees fort3^-three minutes west, and distant two hun- 
dred and six and five -tenths feet from Washington Aque- 
duct boundary stone numbered sixty-seven, at which place 
the inner rail of the tracks shall be not less than sixty-five 
feet from the middle of the paved portion of the Conduit May contract 
road: Provided, however, That said Washington and Great JS^e^^.^^^^^^'^^ 
Falls Electric Railway Company, being authorized thereto 
by a vote of the majority of its stockholders of record, may 
contract with any street railway company in the State of 



I 






Location of 



Bonds 
stock. 



286 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

Maryland or the District of CoJumbia, owning or operating 
a connecting or intersecting line, for the joint management, 
lease, or purchase of such line or lines, and operate the 
same in connection and as an extension with its present 
line, and in case of such contract may provide the means 
necessary by an increase of its capital stock not to exceed 
the actual consideration paid or the actual cost of the nec- 
essary construction, completion, equipment, and mainte- 
nance thereof. And for the purpose aforesaid said company 
a^^is hereby authorized and empowered to issue its bonds to 
aid in paying for such construction, completion, motive 
power, equipment, and maintenance aforesaid and to se- 
cure the said bonds by mortgage or deed of trust of its 
right of way and all its property and franchise of whatso- 
ever kind, whether real, personal, or mixed, on the whole 
of said line, its extensions, and branches, and connections, 
the stock and bonds authorized to be issued and nego- 
tiated by said company, to the amount of six hundred and 
fifty thousand dollars, under the decree of the supreme 
court of the District of Columbia being hereby confirmed. 
Wherever the said railway shall run over or across any of 
the lands of the United 'States or any of the accessory 
works of the Washington Aqueduct, as provided in this 
Act, it shall be done only on such lines, in such manner, 
and on such conditions as shall be approved by the Secre- 
tary of War and accepted by said company, and no work 
shall be done on said railway on any of said lands until 
:p5)hibifed'' after such approval and acceptance in writing. No steam 
cars, locomotives, or passenger or other cars for steam rail- 
ways shall ever be run over the tracks of said railway 
withm the District of Columbia or on said lands. Said 
company shall, before commencing work on said railway 
deposit with the Treasurer of the United States to the 
credit of the Washington Aqueduct the sum of five thou- 
sand dollars, or such other sum as the Secretary of War may 
deem proper, to defray all the expenses that may be in- 
curred by the United States in connection with the inspec- 
tion of the company's work on the lands of the United 
States and any of the company's work that may aflfect 
Damages to ^^ interests of the United States, and in making good 
property of uni- any damages done bv said company or its works to any 
ted states. ^ork or land or other property of the United States, and 
in completing, as the Secretary of War may deem neces- 
sary, any of the company's work that the said company 
may neglect or refuse to complete and that the Secretary 
of War may consider necessary for the safety of the Wash- 
ington Aqueduct and the works pertaining thereto, includ- 
ing Its telephone line, or for the proper drainage of the 
United States lands, its reservoirs, and other works, or for 
the proper use and orderly appearance of the Conduit 
road; and the said company and its successors shall also 
deposit as aforesaid such further sums for said purposes and 
at such times as the Secretary of War shall direct. The 
said moneys shall be disbursed like other moneys appro- 
priated for the Washington Aqueduct, and whatever shall 



s 

etc 



Deposit. 



Construction. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 237 

remain of said deposits after the completion of the work 
for which they may be obtained shall be returned to said 
company with an account of their disbursement in detail. 
The disbursements of said deposits shall, except in case of 
emergency, be made only on the order of the Secretary of 
War. During the construction and after the completion 
of said railway, its agents and servants, when on the public 
land of the United States, shall be subject to such regula- 
tions as the Secretary of War may prescribe. The provi- 
sions of this Act, as far as applicable, shall apply to any 
extension of this railway in the State of Maryland that may 
be granted by said State; and the provisions of section fif- 
teen of the Act of Congress approved February twenty- 
eighth, eighteen hundred and ninety-one, entitled "An Act 
to incorporate the Washington and Arlington Railway 
Company, of the District of Columbia," shall control and 
govern all the privileges granted by this Act to the Wash- 
ington and Great Falls Electric Railway Company, and said 
section shall be held to include the Washington Aqueduct 
and its tunnels and all other works connected therewith. 
Said Washington and Great Falls Railway shall everywhere 
be constructed in a neat and substantial manner, of good 
material, subject, for such parts of the line as are within 
the jurisdiction of the Commissioners of the District of 
Columbia, to the supervision and approval of said Commis- 
sioners, and for such parts of the line as are in any juris- 
diction outside of the District of Columbia, to the super- 
vision and approval of the proper authorities of such 
jurisdiction; the gauge of the track to be the same as that 
of the Washington and Georgetown Railway; and the 
said Washington and Great Falls Railway Company shall, 
where its tracks run on or across any street or road which 
is under the jurisdiction of the Commissioners of the Dis- 
trict of Columbia, or across the Conduit road or any road 
outside of the District of Columbia, pave the same between 
the rails and sets of rails and two feet outside thereof, with 
such material and in such manner as shall be approved by 
such proper authorities, as the case may require, and shall 
keep the same in repair at its own expense; and if the said 
corporation shall fail to make any necessary repairs within 
ten days after notice has been given by said authorities, 
the repairs shall be made by said authorities and the cost 
thereof, except as hereinbefore provided, if not paid volun- 
tarily, shall be recovered by them before any court of com- 
petent jurisdiction; and the amount of such repairs shall 
be a lien upon all property of said company from the time 
the same are made until paid by the company. That the 
said corporation shall operate its said road by electric 
power, and for this purpose it is hereby authorized to erect 
and maintain such poles and aerial lines as may be neces- 
sary for the proper conduct of said power; such lines to be 
built in the most perfect and substantial manner: Provided, 
That in order to prevent any danger or damage to the United sSepK^iine.' 
States telephone line between the Great Falls of the Poto- 
mac and Washington, belonging to the Washington Aque- 



Crossings. 



Paving. 



Motive power. 



288 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

duct, or to its instruments, from the electric wires of said 
railway company, the said company shall, at all times and 
at its own expense remove, change, and protect said tele- 
phone line in such manner as may be directed by the Sec- 
fenc^e**^ "^ct retary of War. The said corporation shall erect and main- 
tain, subject to the approval of the Secretary of War, at its 
own expense, a neat, well-painted, and substantial fence, 
four feet in height, on each side of its tracks, through the 
lands of the United States, and also at such places along the 
Conduit road as the Secretary of War may deem necessary, 
with suitable cattle guards, openings, and crossings for road- 
ways, and at such places as the Secretary of War shall con- 
^^^®^* *^ ^® required for the safety of the use of said roadways. 
^ «• " That the said coipo ration shall, at its own expense, main- 

tarn electric lights during the hours after nightfall that its 
cars shall run, and at least until twelve o'clock antemerid- 
ian, which lights shall be located so as to light all roads on 
and across which the railway shall pass and such other points 
along the proposed route as the Secretary of War shall 
direct. No claim for damages shall ever be made by said 
company or its successors in consequence of the exercise of 
any of the rights of the United States under this Act. The 
crossing over the Conduit road shall be made to conform 
construction ^.f^ changes of grade of this road. The construction of 
over water «aia railway on any street where there are or may be any 
mains, etc. mains, fixtures, or apparatus pertaining to the Washington 
Aqueduct shall be subject to such conditions as may be 
approved by the Secretary of War, which conditions must 
be obtained and be accepted in writing by said company 
before commencing any work on such street; and the oper- 
ations of said company in respect of the safety of such mains, 
fixtures, or apparatus shall alwavs be subject to the control 
and direction of the Secretary of War, and subject to the 
right of the Secretary of War or other lawful public author- 
ity to interrupt the construction or use of said railway, 
whenever necessary for the protection or repair of such 
^^mams, fixtures, or apparatus. Efficient signals, by gong 
or bell, shall be made by every car before and during the 
crossing of the Conduit road, and, if the Secretary of War 
speed at cr««-K?" ^^^"^ ueccssary and shall so direct, every car shall, 
ings. before crossing this road, be brought to a full stop. The 

rate of speed at which the cars may run on said road shall 
not exceed five miles per hour on or across any street or 
road, and the fare for riding over the said road shall not 
exceed ten cents each way per passenger, and this amount 
may be divided into divisions of five cents each. The work 
of construction and the operating of said railway by said 
company on the lands of the United States shall be subject 
to such regulations as the Secretarv of War may prescribe 
and the exercise of the rights by "this Act granted are to 
terminate at the pleasure of the Secretary of War in case 
of persistent neglect by said company or by its successors 
to make deposits or to comply with any of "^the conditions, 
requirements, and regulations aforesaid. 



Signals 
crossings. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 239 

''Every car shall be brought to a full stop before cross- haKd^ ^*''" 
ing the Foxhall road. It shall 'be the duty of the Commis- 
sioners of the District of Columbia to inspect, or cause to 
be inspected, from time to time, the cars operated on said 
road, and to require of said company that all cars and sta- cars, 
tions shall be of the first class, and shall be maintained m 
good condition, and that cars shall be run according to 
schedules which shall accommodate the public; the said schedule. 
Commissioners shall also have the power to make such 
regulations as to the rate of speed, the use of tmcks, the Jpged.^'^ of 
removal of ice and snow from oft' the tracks, as the public 
interests may require; failure to comply with any such 
requirement or regulation, or failure to stop cars before 
crossing the Foxhall and Conduit roads, shall subject the 
company to a fine of fifty dollars for each such failure, 
which fine may be recovered in any court of competent 
jurisdiction." 
Section two shall be amended to read as follows: 
''Sec. 2. That the capital stock of said company shall capital stock. 
be six hundred and fifty thousand dollars, divided into 
shares of one hundred dollars each, which capital stock 
may be increased from time to time upon a majority vote 
of the stockholders, but not to exceed the actual cost of 
right of way, construction, equipment, station houses, and 
other buildings necessary to the operation of said road. 
The said company shall require the subscribers to the capi- 
tal stock to pay in cash, to the treasurer appointed by the how paid in. 
incorporators, the amounts severally subscribed by them, 
as follows, to wit: Fifty per centum at the time of subscrib- 
ing and the remainder at such times and in such amounts 
as the board of directors shall require, and no subscription 
shall be deemed valid unless the fifty per centum thereoi 
shall be paid at the time of subscribing; the remainder 
of said subscription to be paid at such times and in such 
amounts as the board of directors may require, as herein- 
before provided; and if any stockholder shall refuse or sa^e^^deim 
neglect to pay any installments as aforesaid, as requiretl 
by the board of directors, after thirty days' notice in writ- 
ing, the said board of directors may sell at public auction, 
to the highest bidder, so many shares of his stock as will 
pay the installments; and the person who shall offer to take 
the least number of shares for the assessments due shall be 
taken as the highest bidder, under such general regulations 
as may be provided in the by-laws of the company, but no 
stock shall be sold for less than the total assessments due 
and payable; or the company may sue and collect the same 
from a delinquent subscriber in any court of competent 
jurisdiction. No certificate of stock shall be issued until 
the par value thereof has been fully paid up. The company 
may buy, lease, or construct such passenger rooms, ticket 
offices, depots, workshops, and buildings as may be neces- Buildings. 
sary, at such points, not on the land of the United States, 
along the lines as the business of the railway and the con- 
venience of the public may require, and connect its tracks 



— — ■ 



=sa 



Bonds. 



240 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

therewith; all of the above subject to the approval of the 
proper authorities. Whenever one-fourth of the capital 
stock of the company so subscribed shall have been paid 
in, bonds may be i}«;sued, in the discretion of the board of 
directors, to an amount not exceeding the balance of the 
stock unpaid, which bonds may be secured by mortgage of 
its franchises and property, real and personal: Provided^ 
That the moneys mised on said bonds shall be used and 
expended only for the completion and improvement of said 
road and the equipment thereof. But this section is sub- 
ject to the provision that said <.'orporation shall not have or 
issue any greater number of shares of stock than the nom- 
inal value of such shares shall equal the actual and neces- 
sary cost of the construction and equipment of such rail- 
road: Provided^ however^ That an amount of stock equal to 
the bonds so issued shall be first canceled and adjudged 
annulled: And jwovided further^ That such stock and bonds 
may be issued as the work progresses." • 

Section three shall be amended to read as follows: 
''Sec. 3. That within thirty days after the passage of 
this Act the corporators named in the first section, or a 
majority of them, or if any of them refuse or neglect to 
act, then the majority of the remainder, shall cause books 
of subscription to the capital stock of said company to be 
opened and kept open in some convenient place in the Dis- 
trict of Columbia, from ten o'clock in the forenoon until 
four o'clock in the afternoon, for a period to be fixed by the 
corporators, not less than two days, unless the whole stock 
shall be sooner subscribed; and the said corporators shall 
give public notice, by advertisement in one or more of the 
daily papers published in the city of Washington, of the 
time when and place where the said books shall be opened; 

Subscription and the subscribers upon said books to the capital stock 
of the said company shall be held to be stockholders: 
Provided^ That every subscriber shall pay at the time of 
subscribing, fif tv per centum of the amount by him sub- 
scribed to the treasurer appointed by the corporators, or 
his subscription shall be void; and when the books of sub- 
scription to the capital stock of said company shall be closed, 
the corporators, and, in case any of them refuse or neglect 
to act, then a majority of the remainder, shall, within twenty 

Meetmgof cor- days thereafter, call the first meeting of the stockholders of 
^^^ ^^^' said company to meet within ten days thereafter, for the 

choice of directors, of which said meeting notice shall be 
given in a daily newspaper published in the city of Wash- 
ington and by written notice mailed to each stockholder, 
and each stockholder shall be entitled to one vote for each 
share of stock standing in his name on the books of the 
company, which vote may be cast in person or by proxy." 

Repeal. Sec. 2. That all acts or parts of acts inconsistent with 

the provisions of this Act are hereby repealed. 

Amendment, Sec. 3. Congrcss reserves the right to alter, amend, or 
repeal this Act. 

Approved, June 3, 1896. 



etc, 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 241 

WASHINGTON RAILWAY AND ELECTRIC COMPANY. J^^^^^^- 

«AN ACT Relating to certain railway corporations owning or operat- 
ing street railways in the District of Columbia. 

Be it enacted lyy the Senate and House of Representatives 
oftheUnitedStaies of America in Congress as^^^^l^(i^^^l^ .^^t^X^^ 
the Anacostia and Potomac River Railroad Company, the of respective 
Brightwood Railway Company of the District of Columbia, ^^o^t^^- 
the Capital Railway Company, the City and Suburban 
Railway Company, the Columbia Railway Company, the 
Georgetown and Tenallytown Railway Company, the Met- 
ropolitan Railroad Company of the District of Columbia, 
and the Washington and Great Falls Electric Railway 
Company may, under the authority of this Act, and the 
Washington and Rockville Railway Company, the Wash- 
ington, Woodside and Forest Glen Railway and Power 
Company, and the Washington and Glen Echo Railroad 
Company may also, if not inconsistent with the laws of 
Maryland, from time to time, by their respective boards 
of directors, enter into (contracts with each other, or with 
any of the others, for the use of their respective roads or 
routes, o:; any part thereof. No such contract shall take 
effect until the same shall have been approved by the 
written consent of the owners of record of at least three- 
fourths of the capital stock of each corporation, or by the 
vote of the owners of three-fourths of such capital stock 
represented at a special meeting called and held as pre- 
scribed Dy law: Provided, That in case any corporation 
enters into any such contract it is hereby authorized to ^*™« 
change its corporate name to any other corporate name not 
then lawf ull V used by an v existing corporation incorporated 
or organized in the said District. Such change may be made 
by a certificate signed and acknowledged by a majority of 
the directors of such corporation and tiled with the recorder 
of deeds for the District of Columbia. 

Sec. 2. That the Washington and Great Falls Electric 
Railway Company may acquire and hold stock in any street 
railway corporation specifically named above with which it 
is authorized by the terms of this Act to enter into a con- 
tract for the use of its road or route, and may provide for 
payment for the same by issuing additional amounts of its 
own capital stock in such classes and with such preferences 
as it may determine, or by issuing its bonds, secured by 
mortgage or deed of trust upon its right of way, property, 
and franchises, or other obligations, or by issuing both*>o»d« 
such stock ^nd bonds or other obligations to an amount not 
exceeding the amounts of the actual consideration paid or 
payable for the stock so acquired, and may also issue fur- 
ther amounts of its stock or bonds or other obligations not 

a By deed dated February 4, 1902, the Washington and Great Falls 
Electric Railway Company acquired the Columbia Railway Company 
and the Metropolitan Railway Company and changed its own name to 
the Washington Railway and Electric Company by virtue of this act, 

16400—05 16 



1r« 



V 



Change of 



stock and 



5TfHf' 



242 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

It 

exceeding the amounts of the actual consideration paid, or 
to be paid, for any equipment or extensions of any such 
road or route or for electric power therefor: Provided^ 
Capital stock. That the capital stock of said company shall at no time 
exceed fifteen million dollars. Whenever the said Wash- 
ington and Great Falls Electric Railway Company shall 
have acquired a majority of all the stock issued by any such 
corporation, it shall have power to guarantee the bonds or 
other obligations of such corporation and to purchase such 
bonds or other obligations. The Washington and Great 
Falls Electric Railway Company may also agree with any 
corporation specifically named above with which it is 
autnorized by this Act to enter into a contract for the use 
of its road or route for the purchase of the estate, property, 
rights, and franchises of such other corporation, and for 
payment for the same in cash or in the stock or bonds or 
other obligations of said Washington and Great Falls 
Electric Railwa}^ Company, to be issued in the manner and 
subject to the limitation hereinbefore provided; and each 
such corporation is hereby empowered, with the consent in 
writing of the owners of three-fourths of its capital stock, 
to enter into such contract of purchase and sale through its 
board of directors. 

Upon the execution of such contract of purchase and the 
payment or delivery of the consideration therein agreed 
upon the estate, property, rights, and franchises of the 
corporation selling the same shall vest in and be held 
and enjoyed by the Washington and Great Falls Electric 
Railway Company as fully and entirely, without change or 
diminution, as the same were before held and enjoyed by 
the company selling the same, and shall be managed and 
controlled by the board of directors of the said W^ashington 
and Great Falls Electric Railway Company in its corporate 
name or in such other name as it shall adopt by the filing of 
a certificate as hereinbefore authorized : Provided, That the 
existing liabilities of the selling corporation and the rights 
of its creditors shall not be affected thereby: And pi^ovided 
further^ That no action or proceeding to which any corpora- 
tion whose estate, property, rights, and franchises shall be 
acquired as herein provided is a party shall abate in conse- 
quence thereof, but the same may be continued in the name 
of the party by or against which the same was begun, unless 
the court shall order the said Washington and Great Falls 
Electric Railwa}^ Company to be substituted in its place. 
Approval of The approval of stockholders herein provided for may 

stockiioiders. |^^ given by the consent in writing of the owners of record 
of mree-fourths of the capital stock of each company, or by 
the vote of the owners of three-fourths of the capital stock 
of each company, represented at a special meeting called 
and held as prescribed by the by-laws of the respective 
Certificate to Companies or by law. W^henever a certificate shall be filed 

TOrdCT'^oFdeerts' ^^^^ ^^^ recorder of deeds for the District of Columbia, 
signed and acknowledged by a majority of the board of 
directors of each of the corporations to be affected thereby, 
showing that a contract of purchase and sale has been 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



243 



made and approved as herein provided, such certificate 
shall be presumptive evidence of the facts therein set 
forth. Upon the filing of such certificate a notice shall 
be mailed to each stockholder of record in such corpora- 
tions, setting forth the time when and place where such 
certificate was filed, and if within thirty days after the 
mailing of such notice any stockholder of any of the com- 
panies affected thereby shall give notice in writing to the 
said Washington and Great Falls Electric Railway Com- 
pany that he dissents from such contract, it shall be the 
duty of the said company, within sixty days after the 
filing of such certificate, to institute a proceeding for the 
appraisement of the shares of such dissenting stockholder. 
If any stockholder shall omit to give such notice of 
dissent, he shall be deemed to have assented to such con- 
tract. Said proceeding for appraisement may be begun Appraisement 
by filing with the supreme court of the said District 
a petition praying for the appointment of three per- 
sons to appraise the value of such stock. The court shall 
thereupon appoint three such appraisers and designate the 
time and place of their first meeting. The court may fill 
any vacancy in the board of appraisers occurring by 
refusal or neglect to serve or otherwise. The appraisers 
shall meet at the time and place designated, and after 
being sworn honestly and faithfully to discharge their 
duties, shall appraise such stock at its full value, without 
regard to any appreciation or depreciation thereof in con- 
sequence of such conti*act of purchase and sale; and said 
award, when confirmed by the court, shall be final and 
conclusive on all parties. The charges and expenses of 
the appraisers shall be paid by the said Washington and 
Great Falls Electric Railway Company. If the person 
entitled to receive the amount of the award shall refuse to 
accept the same, or if for any reason it shall not be pos- 
sible to make payment of the amount of the award to such 
person entitled to receive the same, without unreasonable 
delay, the court may direct the same to be deposited in 
court. When the said company shall have paid or depos- 
ited in court the amount fixed by the appraisers as the 
value of the shares of the dissenting stockholder, such 
stockholder shall cease to have any interest in said ap- 
praised stock or in the property or franchises represented 
thereby, and the said Washington and Great Falls Electric 
Railway Company shall receive back from the corporation 
whose estate, rights, property, and franchises it has ac- 
quired, that portion of the consideration for such sale, or 
of the proceeds thereof, which otherwise would have been 
distributed to such dissenting stockholder. If such pay- 
ment or deposit is not made within thirty days from the 
confirmation of the appraisal, the amount of the award, 
with interest from the date of confirmation, shali be a 
judgment against the said W^ashington and Great Falls 
Electric Railway Company, and may be entered, docketed, 
and collected as other judgments in said court are b}^ law 



244 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

collectible. If the said company shall omit to institute 
the proceeding hereinbefore required, within the time 
hereby limited, the stockholder giving such notice may 
institute such proceeding by a proper petition on his own 
behalf or, at the election of such stockholder, the estate, 
rights, property, and franchises of the selling corporation 
shall revest in such corporation, and the consideration 
received therefor shall be repaid to the said Washington 
and Great Falls Electric Railway Company. 

All obligations imposed by law upon the Washington 
and Great Falls Electric Railway Company in respect to 
the time and mode of constructing its railway, or the 
motive power to be employed, or the speed or frequency 
at which cars are to be run, or in respect to any other 
matter affecting the interests of the United States, or of 
the general public, or the people of the said District, ex- 
cept as such obligations are expressly modified or repealed 
by this Act, shall continue to be applicable to the road 
or route now belonging to said corporation, and shall be 
confined thereto: Provided, That the Washington and 
Great Falls Electric Railway Company, on the purchase 
of the property or franchises of any or all of said railroad 
companies as in this bill authorized, shall be empowered 
to charge over the said route or routes thus acquired the 
rates of fare now authorized by law to be charged thereon 
by the respective companies owning or operating the 
same, and no more: And provided further. That the right 
or privilege granted by section one of the Act approved 
July^ twenty-ninth, eighteen hundred and ninety-two, 
entitled ''An Act to incorporate the Washington and Great 
Falls Electric Railway Company," by which said company 
is authorized to charge a fare of ten cents per passenger 
for transportation over the line of railway authorized and 
described by said Act, be, and the same hereby is, amended 
so as to limit the rate of fare on said line of railway to 
five cents per passenger, and said Washington and Great 
Falls Electric Railway Company is hereby required to sell 
tickets at the rate of 'six for twenty -five cents, each good 
for the transportation of one passenger over the whole or 
any part of its said line of railway authorized and described 
by said Act within the District of Columbia. 

All obligations imposed by law upon any corporation 
hose road or route is acquired in accordance with the 
rovisions of this Act, except as the same may be ex- 
pressly modified or repealed by this Act, shall continue to 
be applicable to such acquired road or route and shall be 
confined thereto, and such road or route shall be acquired 
subject to such obligations and with all the rights and 
powers possessed by the selling corporation. 
Electric Power Sec. 3. That the Washington and Great Falls Electric 
Companies. Railway Company may acquire and hold shares of the 
capital stock or other securities of any company supplying 
or under contract to supply electric power in the operation 
of its railway to it or to/ any of the corporations whose 



Fare. 



Existing char- 
ters of consti 
ent roads. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 245 

Shares of stock or whose property and franchises it is 
authorized to acquire under this Act; and as a part of any 
contract for the supply, of said power the said Washington 
and Great Falls Electric Railway Company may exchange 
its stock and securities for the stock and securities of any 
such electric power company, and may guarantee the 
securities of any such power company, but in no event 
shall said railway corporation be authorized to receive a 
transfer of the property or franchises ot such electric 

^""sec TC'the Washington and Great Falls Electric i^i'-torB. 
Railway Company is hereby authorized from time to time 
to make such changes in the number of its directors as its 
bv-laws may provide, and also to limit and regulate in its 
by-laws the times and conditions of the examination of 
its books and records by stockholders: Proytdfd, ihat the 
stock and transfer books shall at all times, during business 
hours, be open to the inspection of stockholders. 

Sec 5. That all Acts or parts of Acts inconsistent with 
the provisions of this Act are hereby repealed. 

Sec. 6. That Congress reserves the power to alter, 
amend, or repeal this Act. 

Approved, June 5, 1900. 



WASHINGTON AND MARLBORO ELECTRIC RAILWAY COMPANY. 

AN ACT To authorize the Washington and Marlboro Electric Railway -^%^^'^^ 
Company, of Maryland, to extend its line of road into and withm 28, stats. p. 717. 
the District of Columbia. 

Be it enacted hy the Senate and House of RepresentaUves 
of the United States of Ammca in CongreM assembled, inat^ Washington 
the Washington and Marlboro Electric Railway Company, Elect ric^Rwy. 
incorporated by an act of the general assembly ot Maryland, authorized u. ex- 
entitled ''An Act to incorporate the Washington and Marl- tend.,i-of 'c^ 
boro Electric Railway Company," and so forth, approved lumWa. 
on the eighth day of April, eighteen hundred and nmety, 
is hereby authorized to construct and lay down a street 
railway, with the necessary switches, turn-outs, and other 
mechanical devices, in the District of Columbia, and run 
cars thereon through and along the f ollowmg routes: 

Bec^inning at and on the southeasterly boundary hne ot R«ute. 
the District of Columbia where the line of railway of said 
company within the State of Maryland shall reach the same, 
and running thence by Suitland road, Bowen road, and 
Branch avenue, or other practicable route which may be 
approved by the Commissioners of the District of Colum- 
bia, to connect with Pennsylvania avenue extended; thence 
by and with said avenue to and across the tracks ot the 
Baltimore and Ohio Railroad on Railroad avenue; thence 
along Railroad avenue to Naylor road and by the same to 
the Anacostia River; thence across the Anacostia River by ^^^^;^^ 
a steel or iron truss bridge resting on masonry piers built 
parallel to the direction of the current, with pile or other 
secure and approved foundations, and with spans not less 
than those of the Pennsylvania avenue bridge, and with a 
wide drawspan over the channel. The plans of said bridge 
shall be approved in writing by the Secretary of War, and 
the bridge shall be built by said company over and above 
the tracks of the Baltimore and Potomac Railroad in such 
manner and at such height as not to interfere with the use 
of said railroad; and thence to the intersection of Pennsyl- 
vania avenue and Fifteenth street southeast by a route to 
be approved by the Commissioners of the District of Colum- 
bia ; thence north on Fifteenth street east, to Florida avenue ; 
thence northwesterly on Florida avenue to Seventh street ^^^ 
northwest; also, when the proposed extension of Pennsyl- route 
vania avenue shall have been completed to Bowen road, 
then the route of said railroad may be extended from the 
intersection of Branch avenue therewith to Bowen road, 
and by further practicable route as may be approved by the 

247 



Plan of bridge. 



Extension o! 



248 



LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 



sion 



Widening 
streets. 



try road. 



Construction. 



Commissioners of the District of Columbia to the boundary 
line of the said District at or near the Suitland road: Pro- 
Timefotexten- ^ided^ That such extension of the road shall be made within 
one year after the opening of Pennsylvania avenue to the 
Bowen road. These routes may be modified or extended 
at the will of Congress, and the said railway company shall 
comply with such modifications or extensions, 
of Sec. 2. That whenever the roadway of any street occu- 
pied by the said railwa}^ company is widened, one-half of 
the cost of widening and improvement of such widened 
pai't shall be charged to the said railway company and col- 
lected from said company in the same manner as the cost 
of laying or repairing pavements lying between the exte- 
rior rails of the tracks of street railways, and for a dis- 
tance of two feet from and exterior to such track or tracks 
on each side thereof is collectible under the provisions of 
section 5 of the Act entitled "An Act providing a perma- 
nent form of government for the District of Columbia," 
approved June eleventh, eighteen hundred and seventy- 
eight. 
Route in coun- Sec. 3. That whcu the route described coincides with that 
of a country road of less width than sixty-six feet the rail- 
way shall be constructed entirely outside the road. 

Sec. 4. That the said railway shall be constructed in a 
substantial and durable manner; and all rails, electrical 
and mechanical appliances, conduits, stations, and so forth, 
shall be of approved pattern. 

Sec. 5. That the said corporation shall at all times keep 
the space between its tracks and rails and two feet exterior 
thereto in such condition as the Commissioners of the Dis- 
trict of Columbia or their successors may direct, and when- 
ever any street occupied by said railway is paved or repaired 
or otherwise improved the said corporation shall bear all the 
expense of improving the spaces above described. Should 
the said corporation fail to comply with the orders of the 
Commissioners, the work shall be done by the proper offi- 
cials of the District of Columbia and the amounts due from 
said corporation shall be collected as provided by section 
five of the Act entitled ''An Act providing a permanent 
form of government for the District of Columbia, "approved 
June eleventh, eighteen hundred and seventy-eight. 

Sec. 6. That if the said railway be operated by overhead 
wires the corporation shall furnish and maintain such lights 
along its line as the Commissioners of the District of Colum- 
bia may direct, without cost to the District of Columbia; 
but no overhead wires shall be constructed or used within 
the limits of the city of Washington. 

Sec. 7. That nothing in this Act shall prevent the Dis- 
trict of Columbia at any time, at its option, from altering the 
grade of any avenue, street, or highway occupied by said 
railway, or from altering and improving streets, avenues, 
and highways, and the sewerage thereof. In such event it 
shall be the duty of said compan}^ to change its said rail- 



Pavingr 



Lights. 



Change 
grade, etc. 



of 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 249 

way and the pavement so as to conform to such grades and 
improvements as may have been established. 

Sec. 8. That it shall be lawful for said railway company, Trenche8,etc 
its successors or assigns, to make all needful and convenient 
trenches and excavations in any of said streets or'places 
where said companv may have the right to construct and 
operate its road, and place in such trenches and excava- 
tions all needful and convenient devices and machinery tor 
operating said railroad in the same manner and by the 
means aforesaid. But whenever such trenches or excava- 
tions shall interfere with any sewer, gas, or water pipes, or 
any subways or conduits, or any public work of the kind, 
then the expense necessary to change such underground 
constructions shall be borne by the said railroad company. 

Sec. 9. That the said company shall, before commencing Deposit^ f^ 
work on said railroad on such street, deposit with the ^^t«^"^^- 
Treasurer of the United States to the credit of the Wash- 
ington Aqueduct such sum as the Secretary of War may 
consider necessary to defray all the expenses that may be 
incurred by the United States in connection with the 
inspection of the work of construction of said railroad on 
such street, and in making good any damages done by said 
company, or its works, or by any of its contracting agents, 
to any of said mains, fixtures, or apparatus, and in com- 
pleting, as the Secretary of War may consider necessary, 
any of the work that the said company may neglect or 
refuse to complete, and that the Secretary of War may con- 
sider necessary for the safety of said mains, fixtures, or 
apparatus; and the said company shall also deposit as 
aforesaid such further sums for said purposes at such times 
as the Secretary of War may consider necessary : Provided^ 
That the said *^sum shall be disbursed like other moneys 
appropriated for the Washington Aqueduct, and that 
whatever shall remain of said deposits at the end of one 
vear after the completion of said railroad in such street 
shall be returned to said company on the order of the Sec- 
retary of War, with an account of its disbursement in 
detail: Andjn^ovided also, That disbursements of said de- 
posits shall, except in cases of emergency, be made only 
on the order of the Secretary of War. . __ ^. 

Sec. 10. That it shall also be lawful for said corporation ^^Engine houses, 
its successors or assigns, to erect and maintain, at such 
convenient and suitable points along its lines as may seem 
most desirable to the board of directors of the said cor- 
poration, and subject to the approval of the said Commis- 
sioners, an engine house or houses, boiler house, and all 
other buildings necessary for the successful operation of a 
cable-motor, electric, pneumatic, or other railroad. 

Sec. 11. That the line of the said railway company shall c^^^^^f.^.ent 
be commenced within one year and completed within two 
years from the passage of this Act. 

Sec. 12. That the said company may run public carriages Motive power. 
propelled by cable, electric, or other mechanical power; but 



250 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



routes, 



nothing in this Act shall allow the use of steam power in 

Crossings. locomotives : Provided further^ That for the purpose of mak- 
ing a continuous connection, the said company shall have 
the right to cross all streets, avenues and highwa.ys that 

Coinciding ^^^^ \^^ deemed necessary for this purpose : Provided^ That 
whenever the foregoing route or routes may coincide with 
the route or routes of any duly incorporated street railway 
company in the District "of Columbia, the tracks shall be 
used by both companies, which are hereby authorized and 
empowered to use such tracks in common, upon such fair 
and equitable terms as may be agreed upon by said com- 
panies; and in the event the said companies fail to agree 
upon equitable terms either of said companies may apply 
by petition to the supreme court of the District of Colum- 
bia, which shall immediately provide for proper notice to 
and hearing of all parties interested, and shall have power 
to determine the terms and conditions upon which, and 
the regulations under which, the company hereby incor- 
porated shall be entitled so to use and enjo}^ the track of 
such other street railway company, and the amount and 
manner of compensation to be paid therefor: Andjyrovided 
further^ That neither of the companies using such track in 
common shall be permitted to make the track so used in 
common the depot or general stopping place to await pas- 
sengers, but shall only be entitled to use the same for the 
ordinary passage of its cars, with the ordinary halts for 
taking up and dropping off passengers: Provided^ That this 
shall not apply to or interfere with any station already 
established on any existing lines; that said corporation is 
authorized and empowered to propel its cars over the line 
of any other road or roads which may be in the alignment 
with and upon such streets as may be covered by the route 
or routes as prescribed in this Act, in accordance with the 
conditions hereinbefore contained; and that this corpora- 
tion shall construct and repair such portions of its road as 
may be upon the line or routes of any other road thus used; 
and in case of any disagreement with any company whose 
line of road is thus used, such disagreement may be sum- 
marily determined upon the application of either road to 
any court in said District having competent jurisdiction. 

Passenger Sec. 13. That the Said company shall furnish and main- 
tain passenger houses as required by the Commissioners of 
the District of Columbia, and shall place first-class cars on 
said railway with all the modern improvements for the 
convenience, comfort, and safety of passengers, and shall 
run cars as often as the public convenience may require. 

Time-table, according to a time-table approved by the Commissioners 
of the District of Columbia. Every failure to comply 
with the conditions of this section shall render the said 
corporation liable to a fine of fifty dollars, to be recovered 
in any court of competent jurisdiction at the suit of the 
Commissioners of said District. 

Speed. Sec. 14. That the Commissioners of the District of 

Columbia may make such regulations as to rate of speed, 



houses. 
Can. 



LAWS RELATING T(» STREET-RAILWAY FRANCHISES. 



251 



1 /• • J «T oo in Removal of ice 

mode of use of tracks, and removal of ice '^n^ snow as in^„a™„„, 
their iudgment the interest and convenience of the pubhc 
mav reqmre. Should the servants or agents of said com- 
rnnv willfully or negligentlv violate such An ordinance or 
Hat on sa^id com|any shall be liable to the District ot 

'(^iLbia for a penally not ^^ ^'"^thlt ^al'eladvel t- A«.e.. ... . 

Sec 15. That all articles ot value that may be inaaveii ^^ 

entlvleft in any of the cars or other vehicles ot the said com- 
mnv shall be biken to its principal depot and entered in a 
Kk of record of unclaimed goo(fs, which book s lall be open 
to the inspection of the public at all reasonable hours ot 

business. , „ v „*„,.„ fh<» «i-ot Annual re- 

Sec 16. That said company shall, on or befoie the tirstp„rt. 
of February of each year, make a report t» y>ngre8s 
trough the Commissioners of the District of Columbia, of 
ihe nfmes of all the stockholders therein and the ainount 
of stock held by each, together with a detailed statement ot 
?LreLipts ani expenditures, from whatever source a^^^^^^^ 
whatever account, for the preceding year ending Decembei 
the thirty-first, and such other facts as may be required by 
any genei-al law of the District of Columbia, which report 
shall be verified by the affidavit of the president and seci-e- 
tervof said company, and, if said report is not made at the 
dmespecifiedorwithin ten daysthereafter,suchta.luresl^ll 
of itself operate as a forfeiture of the privileges and r.ghis 
herein granted, andit shallbetheduty of the Commissioners 
to causi to be instituted proper judic al ^of .e^'ng^ ^^f '^- ,„„ 
for; and said company sUll pay to the District of Colum- Taxes 
bia, in lieu of personal taxes upon personal property, includ- 
ing cars and motive power, each year, tour per centum ot 
i?s gross earnings within the District of Columbia which 
amountshall bepayable to thecoUector of taxes at the times 
and in the manner that other taxes are now due and myable, 
and subiect to the same penalties on arrears; and the tran- 
chiseand property of said company, both real and personal, 
to a sufficint amount may be seized and sold in satisfaction 
thereof, as now provided by law for the sale of other prop- 
erty for taxes; and said per centum ot its gross earnmgs 
shall be in lieu of all other assessments of personal taxes 
upon its property used solely and ^xclusnely in the opera^ 
tion and management of said railway: Provided, 1 hat the 
payment of the said four per centum of ite gross earnings 
shall not be required during the period ot five years after 
the commencement of the operation ot said milway, orany 
part thereof. Its real estate shall be taxed as other real 
estate in the District of Columbia: Proridsd further, Ih&t 
its tracks shall not be taxed as real estate. 

Sec. 1Y. That said company may receive a rat« ot tare 
not exceeding five cents per passenger; and the said com- 
nanv may mtke arrangements with all existing railway 
Sa^es in the Distrkt of Columbia for the interchange 
of tickets in payment of fare on its roads: P,mv-<fe^, That 
within the limits of the District of Columbia six tickets 
shall be sold for twenty -five cents. 



cars. 



252 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

oadwa"''^ "^ Sec. 18. That the said company shall have at all times 
'^*^' the free and uninterrupted use of the roadway, and if any 

person or persons shall willfully, mischievously, and unlaw- 
fully obstruct or impede the passage of cars of said rail- 
way company with a vehicle or vehicles, or otherwise, or in 
any manner molest or interfere with passengers or opera- 
tives while in transit^ or destroy or injure the cars of said 
railway, or depots, stations, or other property belonging to 
the said railway company, the person or persons so offend- 
ing shall forfeit and pay for each such offense not less than 
twenty-five nor more than one hundred dollars, to be recov- 
ered as other tines and penalties in said District, and shall 
remain liable, in addition to said penalty, for any loss or 
damage occasioned by his or her or their act as aforesaid; 
but no suit shall be brought unless commenced within 
sixty days after such offense shall have been committed. 
Crossings. jj^gc. 19. That the said railway company shall have the 

right of way across such other railways as are now in 
operation within the limits of the lines granted by this Act, 
and is hereby authorized to construct its said road across 
such other railways: Provided, That it shall not interrupt 
the travel of such other railways in such construction. 
Ejection from Sec. 20. That no pcrsou shall be prohibited the right to 
*"■ travel on any part of said road or ejected from the cars by 

the company's employees for any other cause than that of 
being drunk, disorderly, or contagiously diseased, or refus- 
ing to pay the legal fare exacted, or to comply with the 
lawful general regulations of the company. 
Condemnation "^yjc, 21. That in the cvcut the company should not be 
able to come to an agreement with the owner or owners of 
any land through which the said road may be located to 
pass, proceedings for the condemnation for the use of the 
company of so much of said land as may be required, not 
exceeding fifty feet in width, may be instituted in the usual 
way in the supreme court of the District of Columbia, 
under such rules and regulations as said court may pre- 
scribe for such purposes. 
Guaranty de- ggc. 22. That the Said railway company shall deposit 

^^^' with the collector of taxes. District of Columbia, the sum 

of one thousand dollars, within sixty days from the pas- 
sage of this Act, as a guaranty that it will commence and 
complete its road within the time herein limited. Should 
the said railway company fail to commence or complete the 
construction of its road within the limit of time prescribed 
by this Act, said sum of one thousand dollars shall be 
forfeited by the said railway company, and shall be depos- 
ited by the collector of taxes with the United States Treas- 
urer to the credit of the United States and the District of 
Columbia, in equal parts. 
Plans. gEc. 23. That all plans relating to the location and con- 

struction of said railway shall be subject to the approval 
of the Commissioners of the District of Columbia, or their 
successors, and all work shall at all times be subject to 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 253 



Deposits with 



their suoervision. The said corporation shall, from time „^,Ye"c tor of 
to timTdeposit with the collector of taxes, District of «xe,. 
a.lumb a, «uch amounts ^ may be deemed necessary by 
sdd Commissioners to cover the cost of inspection, super- 

vision, pavement, and repairs. _ ,. conditions 

Rfo 24 That all the conditions, requirements, and obli- rtaubecompiied 
Mtk-ns imposed by the terms of this Act upon the Wash- »>*. 
Sn aTMailboro Electric Railway Company shall be 
complied with by any and all the- successors t« and assigns 

of said Company. , . , „u^,.^r^ Amendment. 

Sec. 25. that this Act may at any time be altered^ repeal, 
anfended, or repealed by the Congress ot the Umted 
States. 



Approved, March 2, 1895. 



April 3, 1900. 



AN ACT to amend the charter of the East Washington Heights 

Traction Kailroad Company. 

Be it enmted hy tU Senate and Hmse ^f ^^P^%fJ^4^^. 
of the United States of Anu^nea^n Congress asmnhled. That 
the charter of the East Washington Heights Traction Rail- 
ro^ Company, of the District of Columbia, be and the 
same is hfrebv, amended so as to authorize and pemit 
^safd comiia'ny to lay down its tracks and opemte ,^ 
cars from its present authorized terminus at the we^tei n 
approach to t^e Penn.sylvania Avenue Bridge as provided 
?n section one of the Act of incorporation; thence north 
on Sevinth'^street east to East Capitol street; thence 
west on East Capitol street to Fifteenth street east, con- 
acting with thi Metropolitan Railway; also from the 
ntersfction of Minnesota avenue and Harrison street 
ihence westerly on Harrison street to Pierce street; thence 
sSK on pierce street to Jackson street; thence west- 
eX along Ja«k.son street to Monroe street; also north- 
ward on llinnesota avenue as. laid down on the highway- 
extension plans, to connect with the Columbia Railway at 
Bennfng, over a route and at a point acceptabe to and 
approvfd by the Commissioners of the Districtof Columbia. 
"^C 2 That the time within which the East Washing- 
ton Heights Traction Railroad Company is required to 
TomS and put in operation its railway be, and the same 
is hereby, extended for the terniof two years from the 
eighteenth dav of June, nineteen hundred: ^'"^'^f '^' T'?'^* 
if Within two years f'om the date of the pa^^^^ 
Act the Washington and Marlboro Railroad Company snau ^^^ M„iboro 
buUd its Hues into and within the District of Columbia, Bauroad. 
then said company shall have the right to use such of the 
routes in this .A.ct provided for as may coincide with the 
route provided for 'in the charter of the said Washington 
and Marlboro Railroad Company. „„„„j 

Sec. 3. That Congress reserves the right to altei , amena, 
or repeal this Act. 
Approved, April 30, 190O. 



:( 



\t 



Great 
Old 
Railroad. 



254 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

AN ACT To provide for laying a single electric street-railway track 
across the Aqueduct Bridge, in the District of Columbia, and for 
other purposes. 

£e it enacted by the Seriate and House of Rej/t^esentatives 
of the United States of Arnerica in Congrem aA<8einhled^ That 
upon deposit of the amounts hereinafter stated by the Great 
-at Falls and Falls and Old Dominion Railroad Compan} , a corporation 
oad™^"^**"of the State of Virginia, the Commissioners of the Dis- 
trict of Columbia are hereby authorized and directed to 
change or rebuild, according to such plans as they may 
g A a u e d u c t approve, the superstructure of the Aqueduct Bridge across 
the Potomac River so as to permit the placing thereon of 
a single electric street-railway track for tne accommodation 
of electric street cars operating and to operate across said 
bridge. 

Sec. 2. That within thirty days after the approval of 
this Act the said Great Falls and Old Dominion Railroad 
Deposit. Company shall deposit with the collector of taxes of the 

District of Columbia the sum of one thousand dollars, and 
the said company shall, j^ef ore the work provided for in the 
first section hereof shall be begun, deposit with said col- 
lector the additional sum of twenty -four thousand dollars, 
the aggregate amount of said sums being the estimated 
cost of such change or alteration in said bridge necessary 
for the purpose of accommodating such electric street-rail- 
way traffic across same: Provided^ That if the sum of 
twenty -five thousand dollars shall not have been deposited 
by said railroad company within three months after the 
.^ passage of this Act the said company shall forfeit to the 

said District of Columbia the said sum of one thousand 
dollars, hereinbefore required to be deposited, and all 
rights under this Act: Provided further., That if the said 
Great Falls and Old Dominion Railroad Company shall 
fail to make said deposit of one thousand dollars within 
the said thirty days or the sum of twenty -five thousand 
dollars within the said ninety days, then that all rights of 
the Great Falls and Old Dominion Railroad Company 
under this Act shall be forfeited. In which event, the 
Arto|ii°\*nd Washington, Arlington and Falls Church Railway Com- 
Faiis churchpany may, within ten days from the default made b}- the 
Railway Co. ^^^^^ ^^^^^ ^^^ qj^ Dominion Railroad Company, make 

the said deposit or deposits, and have and enjoy all the 
rights, privileges and franchises granted by this Act to 
the Great Falls and Old Dominion Railroad Company. 

Sec. 3. That within sixty days after the sum of twenty- 
five thousand dollars shall have been deposited by said 
company, as hereinbefore required, the Commissioners of 
the District of Columbia shall, as promptly as possible, pro- 
work of Chang- ^®®^ with the work of changing or rebuilding the super- 
ing bridge. structure of the said Aqueduct Bridge, charging the cost of 
said work to said deposit, and shall continue same until 
said work is completed: Prmnded., That if said sum is 
found at any time during the prosecution of said work to 
be insufficient to complete the same, in the opinion of said 



LAW8 RELATING TO 



STREET-RAILWAY FRANCHISES. 255 



Additional de- 



Commissioners, the Great Falls and Old Dominion ^\\- ,^ 
road Company shall deposit with the collector of taxes of 
said District such additional-sum or sums, "ot to exceed 
ten thousand dollars, as the Commissioners ot the District 
of Columbia may deem necessary. . . 

Sec. 4. That within ninety days alter the completion ot 
the work of changing or rebuilding said bridge or during 
the progress of said work, as may be directed by the said 
Commissioners, the Great Falls and Old Dominion Rail- 
road Company is hereby authorized and directed, under 
such regulations and upon such plans as may be approved 
by saKmmissioners, to lay upon said bridge and across ^;^r^acu aorc« 
M street and in Thirty-sixth street to such point south ot 
Prospect street, in tlie city of Washington, as may he 
approved by said Commissioners, a single electric-railway 
track, with necessary switches .and turn-outs; that the 
said Great Falls and Old Dominion Railroad Company is 
hereby authorized to connect its tracks to be constructed 
over its right of wav in Alexandria County, Virginia, with 
the track hereby authorized to be constmcted upon the 
said Aqueduct Bridge and to operate its «J}-s thereon ^^ ^^^^^ 

Sec 5 That any other electric street-railway companj eomjanies to u* 
desiring to use said track for the purpose of crossing said .rack, 
bridge and securing connection into the city ot Wash 
ington may be permM>d to do so by the Commissioners ot 
the District of Columbia upon satisfying said Commission- 
ers that it has refunded to said Great ta Is and Old 
Dominion Railroad Company such proportional part of the 
sum deposited by said company, as herein required, as 
may be agreed upon between said companies as a tair and , 
equitable compensation for said privilege, and in the event 
that the said companies shall fail to agree upon the amount 
to be so refunded, either or any of them mav apply by 
petition to the supreme court of the District of Columbia, 
which shall immediately provide for proper notice to and 
hearing of all parties interested, and shall have power to 
determine the amount to be so refunded tor the use of said 

track. . ^^'^^ ^'A i-nxnXc Maintenanceof 

Sec 6. That the company or companies using saia tracK^^j^^^ 
shall at all times keep the bridge floor and the pavement 
between the rails of said track and tor a distance of two 
feet outside thereof in repair to the satisfaction ot said 
Commissioners of the District of Columbia, and in the 
event that the said railway company or companies neglect 
or refuse to keep said floor and pavement in repair to the 
satisfaction of said Commissioners, the Commissionei-s are 
hereby authorized to make such repairs and collect the 
cost of the same from such railroad company or companies 
in such manner as is now provided by law m cases where 
street pavements adjacent to street- railway tracks are 
repaired by said District; and if the cost of said repairs is 
not paid by said railroad company or companies within 
ninety davs from the rendition of bills tor the same the 
said Commissioners are hereby authorized to prevent the 



^■Aa 



256 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

Commissioners operation of said cars by the exercise of their police 
to exercise police ^^^jj^ J,- ^.^ until such time as said bills are paid. 

Sec. 7. That no car shall be operated upon said bridge 
by steam power, nor shall any company operating- steam 

Cars. cars within such distance from the south end of the said 

bridge as to interfere with vehicle traffic thereon be per- 
mitted to operate electric street cars upon said bridge. 

Sec. 8. That the Commissioners of the District of 
Columbia are hereby authorized to permit the cars of said 
railroad company or companies using said track across 
said bridge and in M and Thirty-sixth streets to be oper- 

Power. ated by the underground electric system or by overhead 

trolly, as they may deem desirable; and in case the over- 
head trolly is used each car shall be equipped with a double 
trolley, and a return wire shall be provided for the electric 
current equal in capacity to the feed system upon this 
portion of the line and similarly situated, and no pole of 
any dynamo furnishing power for the operation of said 
cars shall be in any manner connected with the earth. 

Commissioners g^c. 9. That the operation of the cars upon the track 
iuo'iS cL^rs?Sc: herein authorized shall be mider the direction and control 
of the Commissioners of the District of Columbia, who 
are hereby authorized to make such regulations in regard 
to speed, character, and weight of cars, time of operation, 
and fare to be charged as they may deem necessary or 
desirable; and any company violating any regulations of 
said Commissioners made under the authority of this sec- 

Penaity. tion shall be subject to a fine of not less than twenty -five 
dollars for each and every offense, to be recovered in any 
. court of competent jurisdiction at the suit of said Com- 
missioners, and in default of the payment of such tine the 
Commissioners are hereby authorized to exercise their 
police authority to prevent the operation of the cars of 
the company so defaulting. 

Sec 10. That Congress reserves the right to alter, 
amend, or repeal this Act. 
Approved, January 29, 1903. 



STREET RAILWAY LAWS OF A GENERAL NATURE. 



Sundry civil act, 1873. 

♦ * and all railroads are hereby prohibited on the 
I street ajid K street fronts of Farragut, Scott [changed to 
McPherson square March 3, 1875. See U . b. btats. 18, p. 
3911 and Franklin squares; and no further street railroads 
shall be laid down in the city of Washington without the 
consent of Congress. * * * 
Approved, June 10, 1872. 



June 10. 1872. 
Stats. 17, p. 360. 

Railroads pro- 
hibited on I and 
K street fronts 
of Farragut, 
McPherson, and 
Franklin squares 

No further 
roads shall be 
laid without the 
consent of Con- 
gress. 



Extra^te from an act providing a permanent form of government for , "J"^"'^^ ■ 

the District of Columbia. stats. 20, p. 106 

« « ♦ * * 

The cost of laying down said pavements, sewers, and uJ^^J^^s c''hj;S^ 
other works or of repairing the same shall be paid for m jbie to stjee t «^^ 
the following proportions and manner, to wit: When any 
street or avenue through which a street railway runs shall 
be paved, such railway company shall bear all of the expense 
for that portion of the work lying between the exterior rails 
of the tracks of such roads, and for a distance of two feet 
from and exterior to such track or tracks on each side 
thereof , and of keeping the same in repair. how tracks 

But the said railway companies having conformed to the ghSS^e paved, 
grades established bv the Commissioners may use such 
cobblestone or Belgian blocks for paving their tracks or 
the space between their tracks as the Commissioners may 

The United States shall pay one-half of the cost of all pay^'hlff ?rSi 
work done under the provisions of this section, except that costs^under .ec^ 
done by the railway companies, which payment shall be done by^uroad 
credited as part of the fifty per centum which the United --i-°- 
States contributes toward the expenses of the District ot 

Columbia for that year. , , xi o .. ^ 4-u^ Paid on war- 

And all payments shall be made by the Secretary ot the ^^^^^ ^f commis 
Treasury on the warrant or order of the Commissioners of s«>ners b>^^ 
the District of Columbia, or a majority thereof, in such 
amounts and at such times as they may deem safe and 
proper in view of the progress of the work. Districtopave 

That if any street railway company shall neglect or re-^^^^.^^ ^^ street 
fuse to perform the work required by this act, said pave- -^^^JJ^^^^^^^p*" 
ment shall be laid between the tracks and extenor thereto 
. of such railway by the District of Columbia, 



16400-05 17 



257 




258 LAWS RELATING TO 8TEEET-EAILWAY FRANCHISES. 



Commissioners 
may issue certifi- 
cates of indebt- 
edness against 
their property, 
etc. 



Certificates not 
paid property 
sold. 



Duties of rail- 
road companies 
where tracks in- 
tersect. 



And if such company shall fail or refuse to pay the sum 
due from them in respect of the work done by or under the 
orders of the proper officials of said District, in such case 
of the neglect or refusal of such railway company to per- 
form the work required as aforesaid the Commissioners of 
the District of Columbia shall issue certificates of indebt- 
edness against the property, real or personal, of such rail- 
way company, which certificates shall bear interest at the 
rate of ten per centum per annum until paid, and which, 
until they are paid, shall remain and be a lien upon the 
property on or against which they are issued, together 
with the franchise of said company. 

And if the said certificates are not paid within one year 
the said Commissioners of the District of Columbia may 
proceed to sell the property against which they are issued 
or so much thereof as may be necessary to pay the amount 
due, such sale to be first duly advertised daily for one week 
in some newspaper published in the city of Washington, 
and to be at public auction to the highest bidder. 

When street railways cross any street or avenue the 
pavement between the tracks of such railway shall con- 
form to the pavement used upon such street or avenue, 
and the companies owning these intersecting railroads 
shall pay for such pavements in the same manner and 
roportion as required of other railway companies under 
the provisions of this section. 

• * ♦ * * 

« 

Approved, June 11, 1878. 



March 2, 1889. District of Columbia appropriation act, 1890. 

stats. 25, p. 797. * * * * * 

Street carsmay That any company authorized by law to run cars pro- 
triciTor^cabiS'pelled by horses in the District of Columbia is hereby au- 
thorized to substitute for horses electric power by storage 
or independent electrical batteries or underground wire, or 
underground cables moved by steam power, on the whole 
or any portion of its roadway, with authority to purchase 
and use any terminal grounds and facilities necessary for 
the purpose; and any such street railway electing to sub 
stitute such power on any part of its tracks or road-beds 
on the streets of the District of Columbia shall, before 
doing so, cause such part of its road-beds to be laid with a 

Grooved rails, flat grooved rail, and made level with the service of the 
streets upon each side of said tracks or road-beds, so that 
no obstruction shall be presented to vehicles passing over 

provison. said tracks: Provided^ That in the event said companies 
or either of them shall fail for the period of two years 
from the passage of this act to exercise the powers and 
privileges hereinbefore given, such companies are hereby 
required to cause said rails and road-beds to be relaid 

Groovedraiisto with the flat groovcd rail hereinbefore mentioned, so as 
t^o ?'ea«.'^"^''' to be level with the surface of the streets upon each 



LAWS RELATING TO STEEET-KAILWAY FRANCHISES. 259 

side of said tracks or road-beds and the cost of making 
the changes hereinbefore required shall be paid by the 
corporations or persons owning or operating said street 
railroads, and if, after being notified by the Commissioners 
of the District of Columbia in writing to comply with the 
terms of this act, the said corporations or either of them 
shall not within ninety days thereafter begin the work 
required and complete the same within a reasonable time, 
not more than twelve months from the expiration of said 
period of ninety days it shall be the duty of the Commis- ^^om mi s^o^n 
sioners to cause the necessary changes in said rails and road- the change on 
beds to be made as soon as practicable; and shall issue ^1^^^^^^^ ^^ ^°°'' 
certificates of indebtedness against the property, real or 
personal, of such railway company, which certificates shall ^^irtificatj ^of 
bear interest at the rate of ten per centum per annum until cost. 
paid, and which, until they are paid, shall remain and be a 
lien upon the property on or against which they are issued, 
together with the franchise of said company; and if the 
certificates are not paid within one year the said Commis- 
sioners of this District of Columbia may proceed to sell ^^saie of prop- 
the property against which they were issued, or so much 
thereof as may be necessary to pay the amount due, such 
sale to be first duly advertised daily for one week in some 
newspaper published in the city of Washington, and to be 
sold at public auction to the highest bidder: Pi^ovided 
further^ That after the passage of this act no other rail 
than that herein mentioned shall be laid by any street rail- ^^^ S^fhSJl 
way company in the streets of Washington and George- after. 
town, and all companies granted franchises or extensions 
by the Fiftieth Congress shall have extension of one year's 
time within which to lay their tracks. So much of the 
charters of the street railway companies of the District of 
Columbia as is inconsistent with this section is hereby 
repealed. Provided further. That the foregoing require- 
ments as to motive power, rails and road-beds shall not 
apply to street railroads outside the city of Georgetown ^^^ ^ ^.^^^^ 
and the Boundary limits of the city of Washington: «?«<^outswl^t?t>^im^- 
Provided, That the authority hereinbefore granted in each its. 
and every particular shall be exercised onl}^ with the ap- Approval of 
proval of the Commissioners of said District of Columbia, <^«°^^^°^"'^- 
expressed by resolution of said board. 



* 



Approved, March 2, 1889. 



District of Columbia appropriation act, 1891. 
♦ * * * ♦ 



August 6, 1890. 
Stats. 26, p. 310. 
street railroad 



Sec. 3. That any street railroad company in the District companies 
of Columbia authorized to run cars drawn by horses, which changing motive 
has changed or may change its motive power on any of its ^^^'^' 
lines now constructed, to cable or electricity, or change its 
rails in accordance with the provisions of law, shall ^^ve ^^ m a y^ i ss u^e 
the right to issue and sell, at the market price thereof, stock cost. 



260 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

Sales at market Qf gai(j company to an amount necessary to cover the cost 
^"^^' of making said changes, the cost of said changes and the 

amount of said stock sold, together with the price per share, 
mfm to be fifed ^^ ^® ^^^^y ^^^ forth, Under the oath of the President of said 
Company, and tiled with the Commissioners of the District. 
Companies ac- And any Company availing itself of the privileges herein 
mS^st^ dYspenS granted shall within two years, wholly dispense with horses 
tw? ea?s^^^ ^° ^^ motive power on all portions of its line and substitute 
Power to be therefor the power provided for in the act making appro- 
substituted, priations for the expenses of the government of the District 
of Columbia, approved March second, eighteen hundred 
and eighty-nine, or pneumatic or other modern motive 
Approval of power which shall be approved by the Commissioners of 
?e*'q'SSS.'''''"' the District of Columbia, but nothing in this act contained 
^es ^^^'^^^^^ shall in any wise authorize the use of overhead appliances: 
Proviso. Provided^ That if ajiy such company operating a line or 

lines of street railroad from Georgetown or West Wash- 
Forfeiture of ington to and beyond the Capitol grounds shall fail to sub- 
ure°to compiy^*^' stitutc f or horsc power the power herein provided for on 
. all its lines within two years from the date of this act, 
such company shall forfeit its corporate franchises. 

Approved, August 6, 1890. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



261 



July 22. 1892 . JOINT RESOLUTION Extending the time in which certain street rail- 
Stats. 27, p. 399. roads compelled by act of Congress, approved August sixth eighteen 

hundred and ninety, to change their motive power from horse power 

to mechanical power, for one year. 

Resolved hy the Senate and House of Representatives of 
in''^whfc!f Metrl? ^^^^ United States of America in Congress assembled^ That 
poiitan Railroad the time within which the street railroad companies avail- 
modve^weV^^ iug themsclvcs of the privileges granted by the act making 
appropriations to provide for the government of the Dis- 
trict of Columbia, and approved August sixth, eighteen 
hundred and ninety, so far as it extends to the Metropoli- 
tan Railroad, is hereby extended for one year from the date 
of the passage of this act: Provided^ That so fast as the 
• cars now building are equipped with storage batteries they 
nSin^cSnV^^^^^ be placed ou the road: And provided further^ That 
pen ingc °^^- pg^^jjjjg ^j^g change the present equipment of the road 
shall be put, kept and maintained in good condition; and 
any failure to comply with any of the foregoing require- 
ments as to equipment shall render the said Metropolitan 
Penalty. Railway Company liable to a fine of not exceeding twenty- 
five dollars for each day so in default, to be recovered by 
the Commissioners of the District of Columbia, as other 
fines are recovered in the District of Columbia. 
Amendment. " gec. 2. Congrcss rescrvcs the right to alter, amend or 
repeal this act." 
Approved, July 22, 1892. 



AN ACT To prohibit the use of " one horse " cars within the limits of July 29. 1892. 
the city of Washington after the first day of January, eighteen stats.27,p.334. 
hundred and ninety-three, and for other purposes. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assemUed^ Thatp^Jf^-^^ *^*" 
after the first da}^ of January, eighteed hundred and ninety- 
three, it shall be unlawful for any street railway company 
owning or operating any line of street railway within the ' 
limits of the city of Washington, or the greater part of 
which lines lies within said city limits, to use upon such road 
any ' ' one horse " cars. After said date, all cars used within 
the said limits shall, if drawn by horse power, be of the 
size and style known as ''two horse cars," and each car 
shaJl be in the charge of a conductor, and such conductor 
shall not act as a driver: Provided this act shall not apply x^f^^^x^'^t 
to any companj^ operating street railways outside the limits tied sections. 
of the city of Washington or through unimproved and 
sparsely settled sections of the same, until such time as 
the Commissioners of the District of Columbia shall deem 
necessary for the public needs. Any railroad company penalty, 
violating the provisions of this act shall be subject to a 
fine of twenty -five dollars per day for each car, and for 
every day it may be so operated, to be recoverable by action 
instituted in the name of the Commissioners of the District 
of Columbia in any court of competent jurisdiction within 
the district, and all fines collected on such account shall, 
when collected, be paid into the Treasury for the use of the 
District of Columbia, It is hereby made the duty of the Enforcement. 
Commissioners of said District to see that this act is 
strictly enforced. 

Approved, July 29, 1892. ^ 



III 



AN ACT to provide for the sale of new tickets by the street railway May 25, 1894. 
companies of the District of Columbia. stats. 28 p 78. 

Be it enacted hy the Senate and House of Rejyresentatives 
of the United States of Atnerica in Congress assemUed^Thsit ^^^^^^^^^^'^ 
after thirty days from the passage of this Act, each street panies shaii use 
railway and street herdic transportation company in the ^^^^^^ ^"' **^*^^- 
District of Columbia shall issue its own tickets, and sell no 
tickets issued by any other company. Such tickets shall 
be printed and sold in sheets of six tickets each, and after 
having been once used shall be canceled by the company 
which issued the same: Provided^ That all street-railway jj^^™P^^J!^^^f^} 
companies and herdic transportation companies doing busi- era tickets, 
ness in the District of Columbia, shall receive and exchange 
tickets with each other, and said companies shall make 
monthly settlements with each other, and shall redeem in 
money any tickets in excess of the number of tickets 
exchanged. 

Sec. 2. That any street railway or street herdic trans- Pe^»i*y- 

f)ortation company doing business in the District of Co- 
umbia which shall violate the provisions of this act shall 



4 



262 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

be liable to a fine of not to exceed ten dollars for each 
offense, to be recovered in any court of competent juris- 
diction. 

Approved, May 25, 1894. 



Metropolitan 
Railroad re- 
quired to enter 
into reciprocal 
transfer and 
trackage ar- 
rangements with 
other roads. 



August 2, 1894. AN ACT To authorize the Metropolitan Railroad Company to change 
Stats. 28, p- 2 17 its motive power for the propulsion of the cars of said company, 
(amended). *. » ♦ 

Sec. 5. That the Metropolitan Railroad Company is 
hereby authorized and required immediately to make recip- 
rocal transfer arrangements with street railroad companies 
whose lines now connect with its lines, and to furnish 
such facilities therefor as the public convenience may 
require. Upon the completion of the underground elec- 
tric system provided for in this Act the said Metropolitan 
Railroad Company is hereby further authorized and re- 
quired to enter into reciprocal trackage arrangements with 
connecting roads. The schedules and compensation shall 
be mutually agreed upon between the said Metropolitan 
Railroad Company and the companies with whose lines its 
lines connect; and in any case of failure to reach such 
Tiutual agreement, the matters in dispute shall be deter- 
mined by the supreme court of the District of Columbia, 
upon petition filed by either party: Provided, That every 
street railway company in the District of Columbia whose 
lines connect, or whose lines may hereafter connect, with 
the lines of any other street railway company, is hereby 
subjected to the same requirements as to transfers and 
trackage arrangements, and upon similar conditions, as in 
this section provided in the case of the Metropolitan Rail- 
road Company and the lines connecting therewith. 
* * * * . * 

Approved, August 2, 1894. 



Connecting 
street railways in 
D. C. subjected 
to same require- 
ments. 



June 11, 1896. District of Columbia appropriation act, approved June 11, 1896. 



Repairs Streets, Avenues, and Alleys: For cur- 
rent work of repairs of streets, avenues, and alleys, thirtv 
thousand dollars. And this appropriation shall be avail- 
able for repairing the pavements of street railways when 
necessary; the amounts thus expended shall be collected 
from such railroad company as provided by section live of 
"An Act providing a permanent form of government for the 
District of Columbia," approved June eleventh, eighteen 
hundred and seventy -eight, and shall be deposited to the 
credit of the appropriation for the fiscal year m which 
they are collected: Provided, That the fifth section of the 
Reciprocal ^^.|. ^^ Congress approved August second, eighteen hundred 
mngemente. ^"and nincty-four, relating to reciprocal trackage arrange- 
ments by the Metropolitan and other railroad companies. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 263 

be, and the same is hereby amended by adding the follow- , . , ., 
ing thereto: Provided, That any suburban street railroad ^/^^J\,*f3^^S 
company in the District of Colmnbia intersecting or con-overurbanroe^-. 
necting with any urban street railroad may have such 
reasonable number of its trail cars drawn by such urban 
railroad company, over the route of such urban railroad for 
the transportation of through passengers, as shall not, in the 
judgment of the supreme court of the District of Columbia, 
be to the undue detriment of such urban railroad company. 
The schedule, kind, and number of cars to be drawn, com- 
pensation therefor, and all other matters relating thereto 
in the event of said railroad companies being unable to 
agree between themselves shall, from time to time, on peti- 
tion of either railroad company, be* decided by said supreme 

court: Provided furthe)\ That in no event shall any rail- faS: 
road company be entitled under said law providing for 
trackage arrangements or under the provisions of this Act 
to collect fares except from such passengers as board the 
cars upon their own line: Provided further. That this pro- ^^^^^^^^ ^^ 
vision shall not be construed to aifect rights heretofore or contracts, 
acquired either by contract or under any order of court 
made under authority of law. 



AN ACT To amend an act entitled "An act to incorporate the Capital May 28. 1896. 
Railway Company," approved March second, eighteen hundred and 
ninety-five. 

***** 

Sec. 3. That the Capital Railway Company, the Metro- Free traMfera 
politan Railroad Companv, and the Capital traction Com- J^JfnTe ca^- 
pany are hereby required to issue free transfers at the point tai^R^iiw^a>;^d 
of intersection of their respective lines, so that for the pay- tion and Metro- 
ment of one fare a passenger on either road shall have theg?^^'' ^^''"^p.*' 
privilege of riding over the lines of both. 



AN ACT To amend the charter of the Metropolitan Railroad Company 

of the District of Columbia. 



* 



* 



February 26, 
1895. 

Stats. 28, p. 682. 



Sec. 6. That the Brightwood Railway Company, the ^{i«^^i;ji\°^^ 
Rock Creek Railway Company, and the Georgetown and fer tickets 
Tennallytown Railroad Company be, and they are hereby, 
respectively, authorized and required to sell four couj)on 
tickets for twenty -five cents, good for one continuous ride 
in the District of Columbia over the lines of said compa- 
nies, respectively, and the lines of the Metropolitan Railroad 
Company, and the said suburban roads shall redeem the 
tickets collected by the Metropolitan Railroad Company, 
at the rate of two and one-half cents for each coupon 
ticket presented by the said Metropolitan Railroad Com- 
pany. Any of the aforesaid railroad companies which 
shall refuse to make sale of tickets or to accept tickets so 
sold as herein provided for, shall be liable to a fine of fifty 



264 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

Penalty: dollai's f OP each such violation, to be recovered in the police 
court of the District of Columbia as other fines are recov- 
ered: Provided, That the proceeding for the collection of 
such penalty shall be commenced within thirty days from 
the date of the alleged refusal. The supreme court of the 
District of Columbia shall have, and it is hereby given, 
authority and jurisdiction to enforce the requirements and 
provisions of this section in respect of the sale of tickets 
on the petition of either of the aforesaid railroad compa- 
nies or any citizen of the District of Columbia. And power 

Power of lease is hereby given to the Metropolitan Railroad Company and 

or sale, etc. ^^^ Ro(k Creek Railway Company to contract with each 

other for the purchase,, sale, lease, or joint operation of 

the line of said Rock Creek Railway Company on Florida 

avenue and U street, or any part thereof. 

Act to take Sec. 6. That this Act shall take effect in thirty days 

eflfect March ^8, j«i •- 

1895. after its passage. 

Approved, February 26, 1895. 



Augnst 7, 1894. 
Stats. 28, p. 250. 



Street railways 
shall equip cars 
with fenders. 



Commissioners 
shall decide on 
design of fender. 



Companies not 
relieved from 
liability. 



District of Columbia appropriation act, 1895. 
♦ * * ♦ * 

That the Commissioners of the District of Columbia be, 
and they are hereby, authorized and empowered to make 
and to enforce all reasonable regulations in respect to re- 
quiring street cars operated by other means than horse 
power in the District of Columbia to be provided with 
proper fenders for the protection of the lives and Umbs of 
all persons within the District of Columbia. Such power 
and authority shall extend to the adoption by the said 
Commissioners of any fender or fenders deemed by them 
to be superior to the fenders now in use as the fender or 
fenders which shall be used on cars operated within the 
said District: Provided, That nothing contained in this Act 
shall operate to relieve any street railway company from 

liability for accidents on its lines. 

***** 

Approved, August T, 1894. 



August 23, 1894. 
I Stats. 28, p. 492. 

Street railway 
passengerstation 
authorized near 
AqueductBridge 



Plans to be ap- 
proved by Com- 
missioners Dis- 
trict of Columbia. 



AN ACT To amend an act entitled "An act to incorporate the Wash- 
ington and Great Falls Electric Railway." 
***** 
Sec. 3. That in order to accommodate the street railway 
traflac that may converge at or near the Aqueduct bridge, 
under authority granted or to be granted by Congress, a 
passenger station is hereby authorized. Such station shall 
have ample provision for the safe, convenient, and com- 
fortable transfer of passengers to and from the cars of the 
street railways using the same. All plans for such station 
and its necessary approaches shall be subject to the writ- 
ten approval of the Commissioners of the District of Co- 
lumbia. The said Commissioners shall have the power to 



Washington 
and Georgetown 
Railroad shall 
construct and 
maintainstation. 

Location of sta- 
tion. 



LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 265 

settle any differences which may arise between the coin- 
panies using the said station as to compensation or rentals 
or as to the necessary regulations for the control of said 
station. The said passenger station shall be constructed 
and maintained as a union passenger station, for the use of 
street railways only, by the Washington and Georgetown 
Railway Company. Said station shall be located on land 
already owned or hereafter to be acquired by the afore- 
said company, which land shall be bounded on the north 
by Prospect street, on the east by a line drawn not less 
than one hundred and twenty feet west of the west line of 
Thirty -fifth street, on the south by M street, and on the 
west by Thirty-sixth street northwest. Within one year 
from the approval of this Act the said Washington and 
Georgetown Railway Company shall complete the said 
station and shall extend its tracks on M street northwest 
to a point not less than one hundred and twenty feet west 
of Thirty-fifth street, and thence into said station; and 
thereafter the said company shall cease entirely to switch 
cars on M street northwest. 

Sec. 4. That the street railway companies mentioned in 
this Act, and hereafter all street raflway companies in 
the District of Columbia, respectivelv, shall bear all the 
expenses that may be incurred by the United States in 
making and inspecting such changes to the water mains, 
fixtures, or apparatus of the Washington Aqueduct as may 
be rendered necessary by the consj;ruction or extension of 
such several roads; and the Secretary of War is hereby 
authorized and directed to make all regulations to carry 
into effect the provisions of this section. 

♦ ♦ * * * 

Approved, August 23, 1894. 



Washington 
and (Georgetown 
Railroad shall 
extend its tracks 
on M street. 



Shall notswitch 
cars in M street. 



Expense of 
moving water 
mains, etc., shall 
be borne by street 
railways. 



POLICE REGTTLATIONS. 

EXTRACT from Police Regulations of the District of Columbia, 

ARTICLE X. 

» ♦ ♦ ♦ * 

Sec. 15. Street cars within the District of Columbia ^^st^re^c^t^^cars 
shall have the right of way upon their respective tracks, ng^hto^fwa^an^ 
except to Vehicles of the Fire, Police, Water and Health j^ved except by 
Departments, and hospital ambulances, and as other- ^r^«^-mCom- 
wise provided; and no person shall obstruct or delay 
the movement thereof, at the lawful rate of speed herein- 
after designated: Provided, hmvever, that in cases of emer 
gency, and whenever the public interest or the public 
safety requires, the Commissioners may order a cessation 
of the movement of streetcarsor other public vehicles, fora 
reasonable period of time, upon any street or avenue in said 
District: Provided, furthet\ that the order for such cessa- 
tion of street car travel shall be given to the officers of any 
company operating cars upon such street or avenue; and 
it shall be unlawful for such street cars to resume movement 



kr 



p 



Penalty. 



Minors not al- 
lowed on plat- 
forms of certain 
vehicles. 



Motor cars to 
have fenders. 



Penalty. 



266 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 

until the expiration of the time limited in such notice; and 
the Major and Superintendent of Police shall clear such 
streets and avenues of all other vehicles for the time des- 
ignated in said order. Any violation of the provisions of 
this section shall be punished, on conviction, by a fine of 
not less than five nor more than forty dollars for each 
offense. 

Sec. 16. -No minor not being a passenger shall be upon 
the platform or steps of any railroad car drawn by steam, 
or of anv omnibus, street car or other vehicle drawn by 
horse, cable or electric power. 

Sec. 17. Every motor car operated in the District of 
Columbia shall be fully equipped with front pick-up fend- 
ers of the Blackistone, Claude, Tobe, or Parmenter pat- 
tern, and with wheel-guard fenders of the Brightwood 
automatic, the Blackistone, the Eldridge Snaith, the Tobe, 
or the Parmenter Improved pattern: Provided, That a,ny 
street railway company may substitute for the above any 
other fender or wheel-guard which may hereafter be ap- 
proved by the Commissioners of the District of Columbia: 
Provided, further^ That the details of construction of such 
fenders and wheel-guirds be approved by the Engineer 
Commissioner of the District of Columbia. 

Sec. 18. Any railw ay in the District of Columbia which 
shall operate any motor car in the District of Columbia 
not fully equipped with fenders herein adopted or author- 
ized shall be subject to a fine of twenty -five dollars a day 
for each and every car not so equipped, and operated by 
said company. 

Sec. 19. No motorman or conductor shall operate or 
have in charge any motor car in the District of Columbia 
that is not fully equipped with fenders of the kind herein 
adopted or authorized, and any motorman or conductor 
operating or being in charge of any such car not so 
equipped shall, on conviction thereof, be punished by a 
fine not to exceed ten dollars. 

Sec. 20. Every motor car operated in the District of 
Columbia must be so constructed or altered that a clear 
space of fifteen inches in height above the rails is provided 
between the wheel-guard and the adjacent end of the car, 
in order to allow the effective action of the wheel-guard. 

Sec. 21. Any railway company failing to comply with 
the requiremenst of section 20 of this article shall be sub- 
ject to a fine of five dollars a day for each car not so con- 
structed or altered, and operated by it. 

Sec. 22. Platforms of street cars shall be guarded by 
gates of a construction and operation approved by the 
Commissioners of the District of Columbia, and any com- 
pan}- failing to comply with the provisions of this section 
shall be fined not more than forty dollars. 

Sec. 23. The fenders must be kept in thorough working 
order and in good repair when in use. Any railway com- 
pany failing to comply with this provision shall be subject 
to a fine of twenty (follars a day for each and every offense. 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 267 



street 



Motor cars to 
be constructed so 
as to allow the 
effective action 
of wheel guard. 



Penalty. 



Platform^ and 
cars in trains 
shall be guarded 
by gates. 

Penalty. 



Fenders to be 
kept in working 
order. 

Penalty. 



Sec 24 No streetcar shall move at a greater rate of ^^^l^i^ted. 
speed 'than twelve miles an hour in the city of Washmg- 
ton, nor at a greater rate of speed than fifteen miles an 
hour outside of said city: Provided, That this regulation 
shall not be construed as implying a right m any street 
railroad company to operate its cars at a rate ot speed m 
excess of that fixed by its charter. Street cars shall not 
exceed a rate of speed greater than six miles an hour at 
street crossings. When it is necessary for street cars to 
stop at street crossings they shall stop on the near siae^^^^ side of 
thereof; the front end of the car or tram to rest on a line street, 
with the curb on the near side of the intersecting street, 
except where, in the opinion of the Commissioners, the 
mechanical appliances make it impracticable U) do so: 
Provided, That in cases where stops are now allowed on 
both sides of a crossing, such stops may be continued it 
the railroad companies so desire and that sti^et cars run- 
ninff alonff the parking through the middle of Pennsylvania pe^^^JyYvania 
avenue east of the Capitol, sliall be permitted to stop onav^enue south- 
the far side of the crossings of intersecting streets insteaxl 
of the near side of such crossings. , ^ ^ _ *«.... «,« 

Street cars shall stop on the signal of the fire apparatus ^^sto^s^^or tire 
bell before crossing at intersection of streets whene\'er a 
fire company is about to cross the tracks on which they 
are running, and whenever any fire apparatus is approach- 
ing on or across a route on which a street car is moving, 
and in sight of the motorman or the conductor of such car; 
also before crossing at the intersection of the common runs 
of the Fire Department. , , ^ , ^ ^u .of 

On G Street Z^7^6— Second and G streets northwest, 
Third and G streets northwest, Sixth and G streets north- 
west, Tenth and G streets northwest. Twelfth and G streets 
northwest. Thirteenth and G streets northwest, North Cap- 
itol and C streets northeast. -, i^ 4. i. 
On F Street Xm^— Connecticut avenue and K street 
northwest, Connecticut avenue and M street northwest, 
Fifth and E streets northwest. Sixth and F streets north- 
west. Tenth and F streets northwest, Twelfth and F streete 
northwest, Thirteenth and F streets northwest. Twentieth 

and P streets northwest. j tt 4^ ^ 

On H Street Zine—^ew Jersey avenue ajid H street 

northwest. Second and H streets northwest, Third and U 

streets northwest. j t^ i. i. 

On Fourteenth Street Z^W— Fourteenth and K streets 
northwest. Fourteenth and R streets northwest. 

On Seventh Street Line—Seventh and D streets north- 
west, Seventh and E streets northwest. Seventh and 1 
streets northwest, Seventh and M streets northwest, Sev- 
enth and R streets northwest. ^i, * 

On Ninth Street Zm^-Ninth and D streets northwest. 
Ninth and E streets northwest, Ninth and I streets north- 
west. Ninth and M streets northwest. Ninth and R streets 
northwest. 



w 



;itfit*ti 



stops must be 
made for passen- 
gers. 



268 LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



On Eleventh Street Line — Eleventh and M streets north- 
west. Eleventh and R streets northwest, Eleventh and I 
streets northwest. 

On Fourth Street Line — Fourth and M streets north- 
west, New Jersey avenue and P street northwest. 

On Pennsylvania Avenue Line — Fifth and Pennsylvania 
avenue southeast. Eighth and Pennsylvania avenue south- 
east, First and B streets southeast, New Jersey avenue 
and B street southeast. 

On E Street Line — Tenth and E streets northwest, 
Twelfth and E streets northwest, Fourteenth and D streets 
northwest. 

No motorman or conductor shall refuse to stop to take 
up a passenger, unless all the seats in the car or train are 
occupied. 

Sec. 25. Wherever street railroads cross each other, all 
cars or trains bound north or south shall have the right of 
way over trains or cars bound east or west, and all raotor- 
men, shall on approaching intersecting crossings stop their 
cars or trains and see that the way is clear before crossing: 
Provided^ That the provisions as to the right of way shall 
not apply where branches of the same street railway cross 
each other: Provided further^ That the cars and trains of 
the Capital Traction Company shall have the right of way at 
the intersection of Thirty-second and M streets northwest. 

Sec. 26. Flagmen shall be stationed at the crossings of 
all rapid transit street car lines, when in the judgment of 
the Commissioners of the District of Columbia the public 
safety requires the same. And from and after the direc- 
tion of the Commissioners to any street railway company 
to station a flagman at any such crossing, it shall be unlaw- 
ful for any motorman to run or operate any motor car 
over such crossing in the absence of a flagman. 

No street car shall stand upon a street or avenue for a 
longer period than five minutes unless the way be ob- 
structed, nor stop so as to obstruct a street crossing or 
intersecting street; and no street car shall follow a pre- 
ceding car moving in the same direction at a less interval 
than one hundred feet, unless coupled thereto. Every 
street car in motion after sundown shall have two lights, 
one displayed at each end thereof. 

Sec. 27. Steam railway trains or engines shall not move 
within the city limits at a greater rate of speed than twelve 
miles an hour. Motormen of street cars before crossing 
the tracks of a steam railroad shall bring their cars to a 
full stop, and not start them again until so directed by the 
conductor, who shall be satisfied by personal observation 
that the tracks may be crossed by the car with safety. . 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



269 



At intersecting 
street-car cross- 
ings, north and 
south bound cars 
to have right of 
way, and cars 
must be stopped 
before crossing 
intersecting 
track. 

Flagman at 
street-car cross- 
ings. 



Cars not to stop 
more than 6 
minutes nor ob- 
struct crossing. 



Lights. 



Street cars to 
come to full stop 
before crossing 
steam railroad 
tracks. 



intermediate to the stable or stand of such vehicle or ^^^^^^^^^^, 
operate such vehicle over a route sumciently aennite w^^ along routes 
enable the public to ascertain the streets and avenues onm^^^e --ner 
which such vehicle can be found en route, without a duly 
issued license therefor, and no such license shall be issued 
without the approval of the Commissioners of the District 
of Columbia. Such vehicles shall be so operated as not to 
affect the health, comfort or quiet of any person beyond 
that occasioned by ordinary vehicle traffic. The violation 
of any of the provisions of this section shall constitute a 
ground for the revocation of such license, as well as sub- 
feet the offending person or corporation to the penalty 
provided in section thirty-four of this article. All public 
vehicles for the transportation of passengers, traveling 
between sunset and sunrise shall display lighted lamps so 
placed ^s to be visible from the front and both sides thereot. 

* * » ♦ ♦ 

Sec. 33. No person shall expectorate or spit in or upon ^spitting ^in 
any paved sidewalk or footpath in the District of Colum- hibited. 
bia, or on any part of any street railway car or other pub- 
lic vehicle carrving passengers for hire, or in or upon any 
part of any public building under the control of the Com- 
missioners of the District of Columbia. Street railway 
companies, and the proprietors of other public vehicles 
carrying passengers for hire, shall keep posted conspicu- 
ously in each and every one of their cars and public 
vehicles notice forbidding such expectorating or spitting. 



District of Columbia appropriation act, approved August 7, 1894. Aug. 7, 1894. 



And hereafter one-half the cost of the maintenance and ^^8^^^*^^^^^^^^ 
repair of anv bridge across Rock Creek occupied by thepay.haif^cost^o^ 
tracks of a street railwav or railways shall be borne by bridges across 
the said railway company or companies, and shall be col- J^^/{f/ thSr 
lected in the same manner as the cost of laying pavemente tracks, 
between the rails and tracks of street railways as provided 
for in section five of "An Act providing a permanent forna 
of government for the District of Columbia," approved 
June eleventh, eighteen hundred and seventy-eight. The 
amounts thus collected shall be deposited to the credit of 
the appropriation for the fiscal year in which they are 
collected. 



Sec. 29. No person or corporation shall operate any 
public vehicle for hire or for the transportation of passen- 
gers in the District of Columbia with sufficient regularity 
to enable the public to take passage therein at any point 



Extracts from Public— No. 218, approved July 1, 1902. 

Provided, That street railroad companies shall continue Taxation, 
to pay the four per centum per annum on their gross 
receipts and other taxes as provided by existing law, and 



270 LAWS EELATING TO STREET-RAILWAY FRANCHISES. 

insurance companies shall continue to pay the one and 
one-half per centum on premium receipts, as provided by 
section six hundred and fifty of the Code of the District 
of Columbia. That so much of the Act approved October 
first, eighteen hundred and ninety, entitled "An Act to 
provide for the incorporation of trust, loan, mortgage, 
and certain other corporations within the District of Co 
lumbia " as is inconsistent with the provisions of this section 
is hereby repealed. 

Public No. 218, approved July 1, 1902. 
Highway HiGHWAY BRIDGE ACROSS POTOMAC RiVER: SectioH 

pjtomacmver.'tvvelve of the ''Act to provide for eliminating certain 



elevate its tracks, and to enable it to relocate parts of its 
railroad therein, and for other purposes," approved 
February twelfth, nineteen hundred and one, is hereby 
amended by striking out therefrom the words "two years " 
and inserting in lieu thereof the words "four years," and 
the limit of cost for the bridge across the Potomac River 
therein provided for of five hundred and sixty-eight 
thousand dollars is hereby increased to nine hundred and 
ninety-six thousand dollars. And the Secretary of War 
is authorized to enter into a contract or contracts for the 
construction of said bridge within the said limit of cost. 
Maintenance. The cost of maintaining in good condition the asphalt 
paving between the street railway tracks and two feet 
outside thereof on said bridge shall be paid by the street 
railway company or companies using the same under such 
regulations as the Commissioners of the District of Co- 
Aii street rail- lumbia shall prescribe: Provided, That all street railroads 
,ads may cross ^ij^rtered or that may hereafter be chartered by Congress 
shall have the right to cross said bridge upon terms mutu- 
ally agreed upon with the Washington, Alexandria and 
Mount Vernon Railway Company or in case of disagree- 
ment, upon terms determined by the supreme court of the 
District of Columbia which is authorized and directed to 
give hearing to the interested parties and to fix the terms 
of joint trackage. 



roads 
bridge 



Underground 
system. 



Extract from deficiency act, approved March 3, 1899. 

That in the District of Columbia any street railroad 
company operating its cars in part over the tracks of 
another company along a route authorized by Congress 
shall be allowed until October 1, 1899, in which to install 
an underground electric system, and pending such a 
change shall preserve all rights now granted by its 
charter. 



Motive power. 



LAWS* RELATING TO 8TREET-EAILWAY FRANCHISES. 271 

* 

AN ACT To compel street railway companies in the District of Colimi- June 25. 1898. 
bia to remove abandoned tracks, and for other purposes. « 

Be it enacted hy the Sermte and Home of ReprfmtaUves 
of the United States of A^nsrica in Concjress assembled. That ^^^*«««««<^ 
hereafter whenever the track or tracks or any part thereof 
of any street railway company in the District of Colum- 
bia shall not have been regularly operated for railway 
purposes upon a schedule approved by the Commission- 
ers tor a period of three months, the Commissioners of 
said District, in their discretion, may thereupon notify 
such company to remove said unused tracks and to place 
the street in good condition; and if such conipany shall 
neglect or refuse to remove said tracks and place the street 
in good condition within sixty days after such notice, the 
directors of said company shall be deemed guilty of a nais- 
demeanor and shall be liable to a tine of ten dollars for P^^^ty. 
each and every day during which said tracks are permitted 
to remain upon the street or streets or said roadway shall 
remain out of repair, which fine shall be recovered in the 
police court of said District, in the name of said District, 
as other fines and penalties are now recovered in said court. 
Sec. 2. That on and after one year from the passage of 
this Act it shall be unlawful for any street railway com- 
pany operating its system or parts of its system over any 
portion of the underground electric lines owned and 
operated by another street railway company in the city 
of Washington to continue such operation or to enter into 
reciprocal trackage relations with any other company, as 
provided for under existing law, unless its motive power 
for the propulsion of its cars shall be the same as that of 
the company whose tracks are used or to be used. For 
every violation of this Act the company violating it shall 
be subject to a fine of ten dollars for every car operated 
in violation of the provisions of this Act, said fine to be 
collected and applied in the same manner as is provided 
by existing laws in respect of other fines in the District 

of Columbia. . 

Sec. 3. That all street railway companies within tbe 
District of Columbia now operating their systems or parts 
of their systems in the city of Washington by use of the 
tracks of one or more of such companies, under a recipro- 
cal trackage agreement, as provided for under existing 
law, which shall be compelled by reason of the passage of 
this Act to discontinue the use of the tracks of another 
company, shall issue free transfers to their patrons from 
one system to the other at such junctions of their respec- 
tive lines as may be provided for by the Commissioners of 
the District of Columbia. , . ^ -^.u 

Sec. 4. That all acts and parts of acts inconsistent with 
the provisions of this Act are hereby repealed. 

Approved, June 25, 1898. 



U 



' 



Free transfers. 



aBeplaced by sections 710, 711, and 712 of Code following. 



272 LAWS EELATING TO STREET-RAILWAY FRANCHISES. 

District of Columbia appropriation act approved July 18, 1888. 

(25 Stats., 323.) 

wS^ ^^*'^®*^ "^^^ Commissioners of the District of Columbia shall 
^' not, after the fifteenth day of September, eighteen hun- 

dred and eighty-eight, permit or authorize any additional 
telegraph, telephone, electric lighting or other wires to be 
erected or maintained on or over any of the streets or 
avenues of the city of Washington. ♦ ♦ * 



From District appropriation act approved July 14, 1892. 

lawsTo^D^riJt Thk whoever, not being a Senator or Representative 
of Columbia, in Congre'ss, intends to present to Congress a bill for an 
Act of incorporation, or for an alteration or extension of 
the charter of a corporation in the District of Columbia, 
Notice of in- or of any special privileges in said District, shall give no- 
fMchiteV"; ^"^ tice of such intention by publishing a copy of the bill at 
least once a week for four successive weeks, in a news- 
paper published in the District of Columbia, the last of 
said publications to be made at least fourteen days prior 
to the presentation of such bill. Such newspaper shall be 
designated by the person proposing the bill and approved 
by the Commissioners of the District of Columbia. 



Extract from Code of Laws for the District of Columbia. 

Subchapter Nine. 
STREET RAILWAYS. 

(From the Code.) 



Abandoned 
tracks. 



Sec. 710. Removal of disused tracks. — Whenever 
the track or tracks, or any part thereof, of any street rail- 
way company in the District of Columbia shall not have 
been regularly operated for railway purposes upon a 
schedule as required by its charter for a period of three 
months, the Commissioners of said District, in their dis- 
cretion, may thereupon notify such company to remove 
said unused tracks and to place the street in good condi- 
tion; and if such company shall neglect or refuse to re- 
move said tracks and place the streets in good condition 
within sixty days after such notice, the said company shall 
be deemed guilty of a misdemeanor and shall be liable to 
a fine of ten dollars for each and everj^ day during which 
said tracks are permitted to remain upon the street or 
streets, or said roadway shall remain out of repair, which 
fine shall be recovered in the police court of said District, 
in the name of said District, as other fines and penalties 
are now recovered in said court. 

Motive power. Sec. 711. UsiNG OTHER COMPANY'S LINES. — It shall be 

unlawful for any street railway company operating its 
system or parts of its system over any portion of the 



LAWS RELATING TO STREET-RAILWAY FRANCHISES. 



underground electric lines owned and operated by another 
street railway company in the city of Washington to con- 
tinue such operation, or to enter into reciprocal trackage re- 
lations with any other company, as provided for under ex- 
isting law, unless its motive power for the propulsion of its 
cars shall be the same as that of. the compan}^ whose tracks 
are used or to be used. For every violation of this sub- 
chapter the company A^iolating it shall be subject to a fine 
of ten dollars for every car operated in violation of the 
provisions of this subchapter, said fine to be collected and 
applied in the same manner as is provided by the preced- 
ing section. 

Sec. 712. Free transfers. — All street railway com- 
panies within the District of Columbia now operating their 
systems, or parts of their sj^stems, in the city of Washing- 
ton by use of the tracks of one or more of such companies, 
under a reciprocal trackage agreement, as provided for 
under existing law, which shall be compelled to discontinue 
the use of the tracks of another compan}^ shall issue free 
transfers to their patrons from one system to another at 
such junctions of their respective lines as may be provided 
for by the Commissioners of the District of Columbia. 



273 



Free transfers. 



Sec. 846. Malicious injury.— Whoever maliciously ^„^,^„^*^"<*°* 

1 1 • t 1 i> ^ tracKs. 

places an obstruction on or near the track or any steam or 
street railway, or displaces or injures anything appertain- 
ing to such track, with intent to endanger the passage of 
any locomotive or car, shall be imprisoned for not more 
than ten years. (In effect January 2, 1902.) 



AN ACT For the relocation of certain tracks of street railways in the 

District of Columbia. 

Be it enacted hy the Senate and House of Representatives 
of the United Staies of America in Congress assemhled^ That 
whenever the Bunker Hill road or Wisconsin avenue is B»nker hiii 
improved by the Commissioners of the District of Colum- S%4nue. ^**°*'" 
bia, the said Commissioners are authorized to permit the 
street railroad tracks upon said highways to be located in 
the middle of the roadway, should such location be con- 
sidered for the best interests of the public. 

Approved, March 1, 1901. 



16400—05- 



-18 



INDEX. 

(See Preface.) 

Note.— Index is by pages and by sections of charter. 

Advertising for proposed charters, etc. 

Anacostia and Potomac River Railroad Company : 

Act approving and sanctioning route— 

1876.'.'.*.'.'!;.'.*.' 

1888 

1890 

1892 .'.'.'.".'I!.'.*.'.".'.'.';.'.* 

Act requiring certain extensions^ 

1900 

1902 -'.".".'.'.*-".*.".*.*.'.*.".*.".*.'.' 

Anacostia Bridge — 

Additional tracks 

Removal of tracks .'.'.'.'..[.. 

Use of .'.[...[ 

Annual report to Congress .'.......['.'.,'..[ 

Bridge, Anacostia — 

Additional tracks 

Removal of tracks '.'.'.'.'.'. 

Bridge, Navy-Yard, use of .....'. 

B street NE. , First to Second, extension'of track 

5im Jn^^?^^ Company, items affecting. {See Capital* Tiiction 

Cars to be of best construction 

Congressional Cemetery extension..!.*!! 

Contracts, may enter into ! 

With Anacostia, Surratts vilie an'd Bmndy wii*e'El^tric"Rw y " * 
±.leventn extension to Lydecker avenue ' ' 
Extensions — 

To Congressional Cemetery 

German Orphan Asylum ! 

Government Hospital for Insane ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! 

Plans to be approved 

Uniontown, east of 

D street NW.,Twelfth't*o"Fi'ftee*nth!!!! 

First street NE., E to B streets . . 

Fifteenth street N W. , D to Pennsvl'vania *a"v*enne 

E?e"veiX Y^"^^^ ^^*' '^'^^^^^^ ^ Pennsylvania'ave'nue!!! 
Fare — 

Rate of, on extension east of Uniontown 

Reduction of 

Tickets, exchange of 

First street NE., E to B streets, extensio'n 

Fifteenth street N W D to Pennsylvania avenuei exte'nsi'o'n * " * * 
Irerman Orphan Asylum, extension 

Government Hospital for Insane 

]U>uisiana avenue N W , Twelfth to Pennsylvania 'avenue! !"!""' 
Metropolitan Railroad, switch on old Sixteenth street 

Navy-yard bndge, use of " 

Pavements, restoring !!!!!!!!!! 



{ 



Page. 


Section. 


272 




3 




4 




5 




7 




8 




9 




10 




6 


2 


5 




4 


3 


7 


. 7 


6 


2 


5 




4 


3 


9 


2 


6 


6 


6 


1 


241 


2 


14 


2 


10 


1 


6 


1 


6 


2 


6 


3 


10 


5 


11 


3 


4 


3 


4 


2 


9 


2 


4 


2 


5 


2 


213 


1 


4 


3 


7 


7 


9 


3 


9 


2 


4 


2 


6 


2 


6 


3 


5 


2 


10 


1 


4 


3 


4 


2 






275 



2U 



INDEX. 



INDEX. 



277 



'•i, 



6 
3 
10 
4 
5 
9 



Anacostiaand Potomac River Railroad Company — Continued. 

Paving l>etween and adjacent to tracks 4 

Plana of extension to be approved < ^^ 

( 8 

Rail, pattern to be approved < g 

f 8 

Rail to be laid at street level .A g 

Report to Congress annually 7 

Restoring pavements 4 

Routes coinciding, use of tracks < ^q 

Routes, control of 10 

Routes, extension eastof Uniontown 4 

Routes extended, control of 11 

Seventh street E., between M and G streets, authority to lay tracks. 5 

Sixteenth street ( old ) , Metropolitan Railroad to switch 10 

Stockholders, report list of 7 

Taxes, payment on personal property 7 

Tickets, exchange of 9 

Tracks — 

Additional on Anacostia Bridge 

Coinciding, use of < 

Paving adjacent to 

Removal from Anacostia Bridge 

Terms of use 

f 9 

Use of those of other companies < g 

Rails to be approved 6 

Uniontown, extension east of 4 

Washington and Great Falls Electric Railway Company, consolida- 
tion authorized 241 

Anacostia, Surrattsville, and Brandywine Electric Railway Company. 

Act authorizing (1905) 13 

Annual report to Commissioners 15 

Congress 16 

Articles left in cars 15 

(' 15 

Cars, rate of speed < ^c 

Changes in grade < ^k 

Completion, time of 13 

Condemnation of land 13 

Contracts with Anacostia and Potomac Railway Company 14 

Deposits < jg 

Excavations, etc., permit required 14 

Fare 15 

Freight 13 

Forfeitures 16 

f 14 

Grade, changes in < ^^ 

Land condemnations 13 

Land dedication 13 

Motive power 14 

Noncompletion, penalty for 16 

Passenger rooms, etc » 15 

Paving between and adjacent to tracks 14 

r 14 

Plans of construction to be approved < -.^ 

Plans of extension to be approved 13 

Poles, telegraph and telephone 15 

Real estate 15 

Removal from cars 15 

Right of way across other lines 16 



Page. Section. 



Page. Section. 



2 
5 
3 
1 
5 
1 
5 
7 
2 
1 
3 
6 
3 
4 
1 
1 
7 
7 
3 

2 
1 
3 
2 

2 
2 
4 
5 
3 



1 

15 
24 
12 
8 
10 
7 

16 

1 

1 

2 

6 

20 

4 

13 

1 

20 

7 

16 
1 
1 
2 
18 
14 
7 
3 
5 
1 

17 
15 
11 
23 



Anacostia, Surrattsville, and Brandywine Electric Railway Company — 
Continued. 

Route 13 

Small freight ^ 13 

Speed, rate of 15 

Successors 16 

Supervision of construction 16 

Taxes 15 

Time of completion 16 

Timetable 15 

Trackage agreement with Anacostia and Potomac Railway Company . 14 

Tracks, location of 13 

Violation of act, etc., penalty 16 

Anacostia Bridge: 

Plans of Washington and Marlboro Railway Company to be approved 

by Secretary of War 247 

Tracks, additional 6 

Tracks, removal of 5 

Tracks, use of 4 

Washington and Marlboro Railway Company authorized to con- 
struct an 247 

Plan of 247 

Anacostia road, may be occupied by Columbia Railway Company 89 

Aqueduct Bridge, act permitting rails to be laid 254 . 

Aqueduct lands, route across, by Washington and Great Falls Railway 

Company to be approved by Secretary of War 225 

Arlington Reservation: 

Act granting right of way through 197 

Route of Washington, Alexandria and Mount Vernon Railway 

Company to be approved by Secretary of War 197 

Tracks to, to be constructed 197 

Baltimore and Washington Transit Company: 

Act authorizing (1896) ! 17 

Annual report to Commissioners 20 

Bond issuance 20 

Brightwood Railway junction with 17 

Cars, rate of speed 21 

f 17 

Commencement and completion of work of construction < on 

Condemnation of land 17 

Deposit guarantee 20 

Deposits required 19 

Excavations, etc., permit required 18 

Fare 19 

Grade changes 19 

Land condemnation 17 

Land dedication 18 

Motive power 18 

Plans of construction to be approved 18 

Rails, pattern to be approved 18 

Spring road, use of 17 

Street widening 19 

Taxes 19 

Trackage arrangements with Brightwood Railway 17 

Trolley, use of 18 

Belt Railway Company (formerly Capitol, North Street and South 
Washington Railway Company): 

Act incorporating (1875) 23 

Air motor equipment < 05 

Air motor, extending time for installing 35 

Annual meeting 27 

r 27 

Annual report < o^ 

Board of directors 26 



1 
1 

10 

19 

21 

15 

18 

9 

2 

1 

22 



1 
2 



1 
1 
2 
1 



23 

23 
23 

1 

10 

11 

1 

14 
2 
12 
3 
13 
5 
5 
8 
/ 

3 
3 
4 
5 
4 
1 
6 
9 
2 
4 



1 
I 

1 
1 

15 
15 
10 
13 



278 



INDEX. 



I 



Page. Section 
Belt Railway Company — Continned. 
Bonds — 

Issuance of 32 

Issue limited - 33 

Corporation purchasing, authorized to issue 36 

By-laws to be prescribed 26 

Capital stock 25 

Assessment collection 26 

Increase of stock or bond issue 32 

Issue of bonds limited 33 

Sale of 26 

Subscription books 25 

Subscription limited 25 

Subscription payment on 25 

Cars— 

Character of 25 

Articles found in 25 

Exclusion from 27 

Obstruction of 27 

Columbia Railway Company, act incorporating, applied 27 

Completion of extension 32 

Construction 24 

To be approved by Commissioners 33 

Time for 27 

Of extension 33 

Currency issue not authorized 25 

Deed of sale to be recorded by purchaser 36 

Electric system (underground) — 

Authorized 31 

To be installed 36 

Excavations authorized 33 

Fare, rate of 34 

Grade changes 24 

Horsepower — 

To cease 31 

Not to be used on extensions 31 

LeDroit Park extension 32 

Liability, not relieved from just 37 

Motive power 23 

Name of The Belt Railway Company authorized (1893) 30 

Officers 26 

Passenger rooms 25 

Purchasers' rights, act defining 35 

Route 23 

Coinciding - 23 

Extension of \ 28 

I 29 

Receiver's indebtedness to be paid 37 

Stock, may increase 32 

Stockholders' liability ^ 27 

Stockholders, meeting of 26 

Street widening, Congress may require 36 

Suit, limitation of 27 

Taxes -. 24 

Taxes, special assessments to be paid 37 

Track arrangements. Commissioners to require changes 36 

Tracks may connect with company buildings 25 

Tracks- 
Authority for double 32 

Joint use of , 23 

/ 24 

Paving adjacent "i 33 

Rights to use - 28 

Water street extension 28 

Water street extension 28 

Bennings Bridge to be constructed by Columbia Railway Company 89 



6 

6 

1 
14 

8 
14 

6 

6 
14 
12 
12 
12 

9 

11 

18 

16 

20 

5 

3 

7 

17 

7 

7 

1 

1 
1 

8 

11 

5 

1 
1 
4 
5 
1 

13 

10 

1 

1 

1 

1 

1 

1 

2 

6 

19 

12 

1 

16 

2 

2 

1 

10 

4 
1 
4 
9 
2 
1 
4 
1 



INDEX. 



279 



Page. Section. 

Bennings road, joint use of tracks 91 7 

Boundary and Silver Spring Railway Company (1872) : 

( Absorbed by Metropolitan Railroad Company ) 

Act incorporating 176 1 

Bridges: 

Anacostia Bridge, construction of, by Washington and Marlboro 

Electric Railway Company authorized 247 1 

Anacostia Bridge plans to be approved by Secretary of War in rela- 
tion to Washington and Marlboro Railroad Company 247 1 

Anacostia Bridge — 

Additional tracks authorized 6 2 

Plan of 58 1 

Removal of tracks 5 

Use of 4 3 

Aqueduct Bridge, act permitting rail to be laid on 254 1 

Bennings, to be constructed by Columbia Railway Company 89 I 

Chain Bridge, to be lighted by Washington and Great Falls Railway 

Company 225 1 

Connecticut Avenue Bridge over Rock Creek, to be erected by Rock 

Creek Railway Company 74 1 

Eastern Branch Bridge to be constructed by Colimibia Railway Com- 
pany 89 1 

Highway bridge over Potomac, street railways to have trackage . . . 270 

M Street Bridge, repair of < jg 

Pennsylvania Avenue Bridge, East Washington Heights Traction 

Company may cross 109 1 

Potomac River at Three Sisters, Washington and Arlington author- 
ized to construct 201 1 

Rock Creek, half cost and maintenance over, to be borne by railway 

companies 269 

Washington Aqueduct Bridge over Rock Creek, removal of tracks 

from 65 

Brightwood Railway Company (1888): 

Act incorporating 39 1 

Annual meeting 43 16 

Annual report 40 2 

Baltimore and Washington Transit Company — 

Junction with 17 1 

Trackage arrangements — 17 2 

Bonds — 

May issue 45 3 

Limit of issue 46 3 

Use of proceeds 45 3 

Branch lines authorized 45 1 

By-laws, to be prescribed 43 15 

Capital stock 41 9 

Cars, character of 42 10 

Cars — 

Articles found in ." 42 12 

To be new 45 2 

Schedule of running 44 2 

Schedule of running to be filed with Commissioners 42 10 

Speed of 41 7 

f 41 8 

Commencement and completion of construction - 44 2 

I 45 2 

Government and direction of company 43 14 

Construction of 40 3 

Contracts, may enter into 241 1 

Crossings, right of way at 43 18 

Depots and passenger rooms 42 11 

District line extension 44 2 

Excavations authorized 40 6 

Fare, rate of < ^ g 

16400—05 19 



n 



280 V" INDEX. 

Brightwood Railway Company-Continued. ^^^^ ^^^^^^'"^ 

Grade changes .- .. 

Kenyon street route T? , 

Act requiring trolley abandoned ^ ^ 

Kenyon street extension, authorizing bond issue ^ ^ 

Land, condemnation of ^J f; 

Land for roadway and buildings ^ ^ 

Marshall street route t? i 

Act requiring trolley abandoned --..- ^ J 

Marshall street extension, authority to issue bonds 40 a 

Metropolitan Railroad, coupon tickets to issue 47 a 

Motive power ^^ ^ 

On other tracks ^ t 

Charter amended relative to || ^^ 

Organization vv'-l 42 11 

Passenger rooms and depots - *r . 

Penalty of forfeiture for failure to comply *o * 

Power house to be erected and maintained «A o 

Right of way at crossings ™ f° 

Roadway, free use of Tj ^i 

Route extended - - - - — t? ^ 

Richmond, Marshall, and Kenyon streets 40 i 

Stock — * 41 ft 

Failure to pay assessments j| J 

Paymentsfor r *^ „ 

Payments at time of subscribing ^^ |^ 

Payments to be paid in money J^ j^ 

Stockholders, meeting of T^ ^ 

Takoma Park extension |? 2 

"^^^ r 39 1 

Tracks coinciding \ 46 4 

Tracks coinciding, repairs to ^ J 

Tracks coinciding, terms of use ^ * 

Tracks, compensation for use ^ J 

Tracks, paving adjacent to |JJ * 

Tracks, repairs to Ti „ 

Tickets, coupon *' 2 

To be sold 

Washington and Great Falls Railway Company, may consolidate 

WashingtonrWoodVide' and 'Forest Glen Railway Company, au- 

thority to use tracks of -^ | 

Wires to be underground J^ J 

Wires overhead authorized .----:-,Vi 97q 

Bunker Hill road, tracks to be laid on, in middle ^^^ 

Canal road, wall to be constructed - - - - 

Capitol, North O Street and South Washington Railway Company. {Ue 

Belt Railway Company. ) 

Capital Railway Company (1895): ^ 

Act incorporating _ . 2i 

Annual report ^^ ^g 

Annual meeting - _„ 17 

By-laws to be prescribed ^^ 

Capital stock — c - ^g 

Howtobepaid ^* ^g 

^ Limited ;;::::; 52 13 

Oars - - KA 20 

Cars, articles found in -- 25 

Cars, ejection from ^g 14 

Cars, speed of co 10 

Cars, scheduleof running ^| ^^ 

Commencement and completion of construction | 55 27 

Completion of construction and installing electric system, time ex- ^^ ^ 

tended 241 1 

Contracts, may enter into ^^ ^ 

Construction 



INDEX. 

Capital Railway Company — Continued. Pa«e. 

Crossings 51 

Right of way 55 

Damage to pipes by electrolysis 51 

Deposits to be made 56 

Deposits for water mains 51 

Electrolysis damaging pipes 51 

Excavations authorized 50 

Fare, rate of 55 

Ferry (repealed ) > 49 

Ferry slips and ferry 51 

Grade, changes of 50 

Land, condemnation of 56 

Lights to be maintained along line 50 

Motive power < g^ 

Navy-yard Bridge — 

Double overhead trolley system 58 

OflBcers 53 

Organization of company 53 

Passenger houses 52 

Passengers, parcels, milk, and truck, authority to carry 49 

Pipes damaged by electrolysis 51 

Power houses, etc r--- 51 

Right of way at crossings 55 

Roadwav, free use of 55 

Route .- 49 

Route, amended 56 

Route coinciding 51 

Route coinciding, terms and manner of use 51 

Route along country roads 50 

Route, branch to Shepherd's landing 57 

Snow and ice, removal of 52 

Stock, percentage of subscriptions to be paid 53 

Stock, sale of, in case of default 54 

Stockholders to meet 53 

Street widening 49 

Taxes 55 

Transfers, free to Capital Traction Company and Metropolitan Rail- 
road Company 57 

Tracks — 

Double in city .'. .' 57 

Authority to lay 49 

Location to be approved by Commissioners 56 

Paving adjacent to 50 

Use of 52 

Water mains, deposit for 51 

Capital Traction Company (formerly Washington and Georgetown Rail-^ 
way Company). (See Washington and Georgetown Railway Company 



281 

Section. 
12 
24 
12 
28 

9 
12 

8 
22 

1 
12 

7 
26 

6 
12 

2 

1 

16 
15 
13 

1 

12 
10 
24 
23 

1 

1 

12 
12 

3 

4 
14 
15 
19 
15 

2 
21 



1 
1 

28 
5 

14 
9 



also) 



Authority for formation 

B street NE. , First to Second, extend track 80 

C street NE. , First and Delaware avenue, extend tracks 

C street NW., First and New Jersey avenue, removal of tracks 

Chevy Chase Land Company, may connect with 

Contracts authorized, to contract with or lease connecting lines 

East Washington Heights Traction Company, free transfers to be 

issued 

Eckington and Soldiers' Home Railway Company, may arrange for 

trackage and power 

F street NW., extension from Seventeenth to Twenty-sixth streets. 

Fare, rate of 

Fourteenth street extension 

G street NW., Seventeenth to Twenty-fifth, extension 

G street N W., Twenty-fifth to Twenty-sixth, extension 

M Street Bridge, repair of 

Pennsylvania avenue, paving of 



59 


1 


80 




80 




81 




77 




78 




107 


19 


78 


3 


80 




69 




63 




80 




80 




67 


79 


64 





282 



HTDEX. 



i 



Page. Section. 

Capital Traction Company— Continued. ai 19 

Roadway, use of, by United States Government oi ^^ 

Bock Creek Bridge, to build '* ^ 

Rock Creek Railway— 7Q l 

May change name to '^ ^ 

Route, extensions required ^^ . 

Seventh street extension - ?^ J 

Seventeenth street N W. , F to G streets, extension »o 1 

Seventeenth street NW. , G to Pennsylvania avenue, extension .... 80 1 

Square 686, construct tracks adjacent ^ ^ 

Tickets, coupon from Brightwood Railway Company 4 / a 

Transfers — ^ -- ^ 

Free to Capital Railway Company | 263 3 

Free to East Washington Heights Traction Company 107 19 

Coupon, shall sell to Metropolitan Railroad Company at U 

street line ^^ "^ 

Tracks n 

Removal from Capitol grounds --. ^ ^^ 

Extension authorized on Pennsylvania avenue bE »u a 

Paving adjacent to -. ----.- ^ f 

Twenty-fifth street NW. , G to Pennsylvania avenue, extension .... 80 i 

Twenty-sixth street NW., F to Pennsylvania avenue, extension. . . 80 i 

Union transfer station at Aqueduct Bridge, to build 68 6 

Washington and Georgetown Railroad deemed real estate bO ^ 

Capitol grounds, removal of tracks required - • - 64 i^ 

Capitol, North O Street and South Washington Railway Company {see 

Belt Rail way Company) ^^ ^ 

Annual meeting 27 15 

Annual report ^q \ 

Act incorporating - ^^ .j- 

By-laws ii ^| 

Completion, time for ^ ^ 

Completion, time of extension for | 30 3 

Cars nrj -tn 

Exclusion from *' J" 

Obstruction of ^' \^ 

Construction, time for ; ^' ^' 

Cook, John F., collector, payment of judgment........ ^0 

Columbia Railway Company, act incorporating, applied ^7 zu 

Directors (^ ^^ 

Extension of line ^' J 

Fare to Bureau of Engraving and Pnnting ^o o 

Fare, 2-cent, repealed ^ ^ 

Judgments, payment of ^ 

Ninth street NW., no new tracks ^^ ^ 

Officers ^l ^^ 

Ohio avenue, may remove tracks ^^ ^ 

Route- o- ^ 

Extension of zi f- 

Extension of, etc | 29 1 

Stockholders' liability .* 27 19 

Suit, limitation of ^J lb 

The Belt Railway Company, change of name to oO 

Tracks— 23 1 

Coinciding | 28 2 

Use of Metropolitan Railway Company, authorized 29 2 

No new on Ninth Street NW 29 2 

Ohio avenue, may remove from ' 28 1 

South of Pennsylvania avenue, use of 28 4 

Certificates of indebtedness may be issued 258 

Not paid, property may be sold - -9| 

For cost ...«.....•..-..••--•....••----••••••**"""*-** *«''o 

Chain Bridgerto be 'lighted by Washington and Great Falls Railroad 

Company 225 1 



INDEX. 283 

Page. Section. 

Charters, proposed and amendments to be advertised for 272 

Chevy Chase Land Company, Capital Traction Company may connect 

with 77 1 

City and Suburban Railway of Washington: 

Authority to change name 130 9 

Contracts, may enter into 241 1 

Washington and Great Falls Railway Company, may consolidate . . 241 1 

Code of laws, extract from, relative to street railways 272 

Columbia Railway Company (1870): 

Act incorporating 83 1 

Anacostia road from Watts Creek 89 2 

Time for completion 89 2 

Extending time for constructing 213 2 

Annual meeting 87 16 

Annual report 87 16 

Bennings road, extension authorized on 88 1 

Bonds, authority to issue 90 6 

Bridge over Eastern Branch to be constructed 89 1 

Bridge causeway, authorized to construct 89 1 

By-laws to be prescribed 86 16 

Capital stock 85 9 

( HS\ 1 ^ 

Forfeiture of subscriptions to < og j^ 

Transferable 85 9 

Cars 85 10 

Articles found in 85 12 

Exclusion from 87 20 

License for 84 3 

Columbia Turnpike Road Company, road may be extended along 

property of 83 2 

Completion of construction 87 19 

Construction 84 4 

Contracts may be made with connecting or intercepting lines 91 7 

Contracts, may enter into 241 1 

Directors 85 13 

Extension eastward authorized 88 1 

Fare, rate of 83 1 

Fare on extensions 89 3 

Grades, may change street 84 6 

Land — 

Authority to acquire 90 6 

Authority to lease 85 11 

Condemnation of 90 5 

Motive power < g^ o 

Notes, etc., not to be issued as currency 85 8 

Officers 86 14 

Passenger rooms 85 11 

Power houses, etc 90 5 

Railway construction not to be hindered 87 17 

Railway not to be obstructed 89 4 

Roadway, obstruction of 87 18 

Route 83 1 

Stockholders — 

Individual liability 88 21 

Meeting 85 13 

, Taxation 84 3 

Tracks, connecting , 85 11 

Tracks, gauge of 84 4 

Tracks, paving of, adjacent to 84 5 

Trolleys, overhead, authorized east of Fifteenth street E 89 1 

Washington and Great Falls Railway Company may consolidate . . 241 1 

Conduit road — 

Railway to run parallel to 222 1 

Conduits for railway purposes 128 2 

Corporations, publication of notice of intent required 272 



284 INDEX. 

^^ . Page. Section. 

Crossings— ^ „„j, „^ 

Flagmen to be stationed ^^ ^^ 

Policemen, authority for ---.----- 

CJolumbia and Maryland Railway Company, authority relative to pur- 
chase and lease of property by Eckington and Soldiers' Home Railroad 
Company V ' " " V * " i " j 

Columbia Turnpike Road Company, Columbia Railway may be extended 

along property of ;..... °^ J 

Connecticut avenue, opening of y ••■•,• ; " : ■ " " v' V V * 

Connecticut avenue and Park Railway Company (1868) (absorbed by 

Metropolitan Railroad Company) , act incorporating 169 

Coupon transfer tickets to be sold by certain suburban roads ^o6 & 

District of Columbia Suburban Railway Company (1892), act incorpo- 
rating... ^ ,Q 

Annual meeting ^Vr ^^ 

Annual report \ lOO 19 

By-laws to be prescribed ^^ ]^ 

Capital stock ^ \^ 

Subscriptions to ^^ ^^ 

Articles found in ^ J^ 

Exclusion from ^"^ f^ 

Nature of -' ^q \1 

Schedule of running ^^ |J 

Speed of II }? 

Commencement and completion of construction »» J ^ 

Consolidation can not be made with other roads 99 1 ^ 

Construction of ^^ ° 

Crossings, right of way at ^^ ^ 

Deposits for changing pipes, etc ^^ » 

Directors, board of ^^ ^4 

Fare, rates of ^^ ^ 

Grades, street to be changed V^ ' 

Land, authority to acquire ^^^ ^^ 

Motive power ^ Z 

Passenger rooms ^ ^^ 

Powerhouses ^^ ^ 

Rails to be approved ^ ^ 

Roadway crossings -- JjJJ ^t. 

Roadway obstructions ^V^ ^^ 

Routes ^ \ 

Approval by Commissioners ^ | 

Countryroads ^ I 

Stockholders' meeting ^ ^^ 

Taxes ^^^ ^ 

Tracks— „> „ 

Coinciding ^^ ^ 

Coinciding, terms for use ^2 a 

Paving of ^ ^ 

Track space, paving ^' ^ 

Water mains, etc, care for ^* ° 

Wires to be underground in city ^^ ^ 

East Washington Heights Traction Railroad Company (1898) : 

Act incorporating |j^^ ^ 

By-laws to be prescribed ^^^ ^^ 

Articles found in ^^ Jo 

Exclusion from |^( ff 

Speed of, etc J^^ 11 

Commencement and completion of construction \ 108 26 

/ 109 

Completion of, act extending time ^ no 

Construction to be approved j^^ 3 

Corporators to meet }r^^ ^f 

Crossings, right of way at ^"' 



INDEX. 



285 



East Washington Heights Traction Railroad Company— Continued. Pa«e. Section. 

Directors 105 13 

Fare, rates of 1^7 19 

Forfeiture, for failure to comply with conditions 108 27 

Grades, street may be altered lOS 5 

Land, condemnation of 107 23 

Passenger rooms, etc 104 10 

Pennsylvania Avenue Bridge, may cross 109 1 

Plans of construction to be approved 108 24 

Power and engine houses 103 7 

Roadway, not to be obstructed 107 20 

Route of ^ 102 1 

Route amended 109 1 

Route on country roads. ^ 102 2 

Route, extension of -- 109 1 

Sale or lease may be made HO 1 

Snow and ice, authority to remove 104 11 

Stockholders, meeting of 106 15 

Taxes to be paid 106 18 

Track space to be paved 102 4 

Tracks coinciding, to be used in common 104 9 

Tracks, authority to lay, across Pennsylvania Avenue Bridge 109 1 

Transfers to be issued free with the Capital Traction Company 107 19 

Washington and Marlboro Railroad Company, right to use tracks. . 109 2 

Wires, overhead, permitted 103 9 

Eckington and Soldiers' Home Railway Company (1888): 

Act incorporating HI 1 

Air-motor equipment 122 1 

Extending time for installing 126 1 

Annual report HI 2 

Annual meeting 115 16 

Assignment or sale, not authorized except 116 19 

Bonds — 

Increase of, authorized 128 3 

Issuance of, authorized -- 123 3 

Issue of, in connection with Maryland and Washington Rail- 
way Company 129 4 

Limiting issue of 123 3 

Bunker Hill road, tracks on private ground 118 1 

By-laws to be prescribed 115 15 

Capital stock 113 9 

f 117 3 

Increase of, authorized | nj 4 

Issue authorized in connection with Maryland and Washington 

Railway Company 129 4 

Cars 114 10 

Articles found in 114 12 

Exclusion from 116 19 

Speed of ". 113 7 

City and Suburban Railway of Washington, authority to change 

name to - 130 9 

Columbia and Maryland Railway Company, authority to purchase 

or lease property of 127 1 

f 113 8 

Commencement and completion of work of construction < jjy 4 

Time extended 120 2 

C and D streets NE. , tracks not required until improvements made. . 120 1 

Conduits, authority of Commissioners to issue permits 128 2 

Conduits, cables or electrical conductors to be used for propelling 

cars only 128 2 

Conduits, relative to use on line of Maryland and Washington Rail- 
way Company 128 2 

Construction 112 6 

To be approved by Commissioners \ ^25 7 

Crossings, right of way at - 116 18 

Deposit required — -- \ ^29 6 



286 



INDEX. 



Page. Section. 

Eckington and Soldiers' Home Railway Company— Continued. 

Deposit required to guarantee equipment of Maryland and Wash- 
ington Railway Company route - 129 

Directors 11^ 

Eighth street NE. extension 123 

Electric system — 

Underground, authorized 12o 

Substitution if air motor fails 122 

Equipment, charter amended relative to ^ 127 



Fare, rates of. 



127 
117 
126 

First street route abolished 117 

Grade, changes of 112 

Horse power allowed llj 

Horse power to cease within six months 1^ 

Horse power not to be used on extensions 122 

Motive power, horse power, repealed 119 

Maryland and Washington Railway Company, liability of, contin- 
ued to 130 

LiabiHty, not relieved of any 130 

Lincoln avenue, removal of tracks 119 

Motive power H^ 

Maryland and Washington Railway Company- 
Equipment of lines in city 127 

Condem nation proceedings continued in force 127 

Authority relative to property of 127 

Act amending charter and authorizing purchase of 127 

North Capitol Branch- 
To be operated 122 

To be completed after improvement of street 117 

Overhead wires, authority to use 117 

Organization JJ^ 

Passenger rooms, etc Jl^ 

Penalty for failure to comply with provisions of act 127 

Rails, to be approved 112 

Roadways, free use of JJ^ 

llo 

Route- llg 

Amended |^° 

Branches Ill 

Coinciding 11^ 

Change of ^Yq 

I llo 

I 120 
Extension of j 12I 

( 128 

Extension authorized to Thirteenth street NE 120 

Of Maryland and Washington Railway 127 

Completion 127 

Stock, increase of 129 



Taxes 



112 



Taxes and assessments to be paid before permits issued 128 

Taxes to be paid *.-:-- v ' ; 

Taxes to be paid on Washington and Maryland division before per- 
mits issue 128 

Tracks 

Abandoned, to be removed and single track to be located sub- 
ject to approval 128 

Paving adjacent to JJ* 

Joint use with Rock Creek Railway Company 117. 

Water mains, etc., to be protected 119 

Wires— 

Overhead, use extended to 1895 |^ 

Overhead, use of, to cease after July 1, 1893 117 

Underground, or cables 1^0 



5 

14 

2 



1 
1 
2 
1 
1 
1 

11 
2 
5 
1 
1 
1 
1 

8 
8 
1 
1 

2 

6 
1 
X 

1 
4 
1 

13 
11 
3 
3 
17 
1 
1 
3 
5 
1 
1 
5 
1 
1 
1 
1 
1 
2 
2 
4 
2 
2 
7 



3 
4 
3 
1 

1 
6 
1 



INDEX. 



287 



Page. Section. 

Electrolysis, damage to pipes by ............. 51 12 

Falls Church and Potomac Railway Companv— use of tracks of Washing-1 ^gy 22 
ton, Alexandria, and Mount Vernon Railway Company authorized..! 

Fares, collection of 263 

Fares, ticket, sale and use universal 263 

Farragut square, tracks prohibited adjacent to 257 

Fenders to be provided 264 



Ferries for street railways. 



4^ 

51 

191 

Flagmen shall be stationed at street crossings 268 

Franklin square, tracks prohibited adjacent to 257 

Foxhair road, cars of Washington and Great Falls Railway to stop 239 

Georgetown and Tennallytown Railway Company: 

Act incorporating (1888) 133 

Annual meeting 137 

Annual reports 13* 

Bonds — 

Isg^e of 135 

Issue limited 135 

By-laws to be prescribed 136 

Capital stock 135 

Subscriptions 135 

Subscription books 136 

Cars 135 

Exclusion from - 137 

Speed of 134 

Commencement and completion of construction 137 

Conduits 133 

Construction 134 

Contracts, may enter into 241 

Crossings, right of way at 137 

Directors ■• 136 

Excavations ■• 134 

Fare, rate of 134 

High street improvements, shall pay for 138 

Motive power 133 

Passenger rooms 135 

Power house, etc 134 

Roadway, free use of 137 

Route 133 

Route coinciding 133 

Stockholders' meeting 136 

Taxes 134 

Tickets, coupon, to be sold 263 

Tracks- 
Commissioners to locate 138 

Location of 138 

Paving adjacent to 134 

Georgetown, Barge, Dock, Elevator and Railway Company: 

Act incorporating ( 1888 ) 139 

Annual report { 143 

Bonds, issue of 141 

By-laws to be prescribed 142 

Capital stock 140 

Payments on 141 

Cars, obstruction of 142 

Completion, etc 140 

Construction 140 

Directors 142 

Officers 142 

Organization 141 

Power and engine houses 140 

Route 139 

Route coinciding - 139 

Regulations by Commissioners, of the District of Columbia 142 



1 
12 

1 
26 



1 
3 
1 

2 
2 
3 
2 
2 
2 
2 
3 
1 
4 
1 
1 
1 
3 
3 
1 
1 

1 

2 
1 
3 
1 
1 
2 
1 
5 



1 
1 

I 
3 
5 
2 
3 
2 
2 
3 
1 
1 
3 
3 
2 
1 
1 
1 
3 



288 



indSx. 



INDEX. 



I 



Georgetown Barge, Dock, Elevator and Railway Company — Cont'd. Page. Section. 
Stockholders- 
Liability of 143 4 

Meeting of 142 2 

Street obstructions 142 3 

Taxes 143 5 

Tracks, paving of space between 140 1 

Warehouses, etc 139 1 

Water front of streets to remain open 143 6 

Great Falls and Old Dominion Railroad Company (1903): 

Aqueduct Bridge, authority to lay track 254 1 

Cars — 

^ .. r i 256 7' 

Operation of j 256 8 

Speed of * 256 9 

Commencement of construction 254 3 

Deposit required 254 2 

Track across Aqueduct Bridge, authority to lay 254 1 

Track to be approved by Commissioners 255 4 

Track, keep in repair - * 255 6 

Track, use of, by other roads to be satisfied 255 5 

Grooved rails, street-railway companies required to lay tracks on 258 

High street, Georgetown and Tenally town Railroad Company to pay for 

improvements 138 

Horses must be dispensed with 260 3 

l^ws: 

General street-railway : 257 

Extract from District of Columbia Code relative to railways 272 

McPherson square, tracks prohibited adjacent to 257 

Maryland and Washington Railway Company: 

Act incorporating (1892) 145 1 

Annual meeting 149 19 

Annual report --- 146 4 

Bonds, issuance of, authorized and limited 152 2 

By-laws to be prescribed 149 18 

Capital stock 147 12 

Payment of subscriptions 148 13 

Subscriptions to 148 13 

Cars — 

Articles found in 149 16 

Ejection from - 150 22 

Rateofspeed 147 10 

Commencement and completion | ^55 3 

Act extending time for completion \ ^gg -^ 

Condemnation proceedings 150 24 

Rhode Island avenue NE 150 24 

Extended for one year 158 6 

Consolidation forbidden 149 13 

Construction to be approved . ." 146 5 

Corporators, meeting of 148 13 

Crossings, right of way at | ^50 2I 

Directors of 149 17 

Eckington and Soldiers Home authorized to purchase 156 1 

Equipment 149 14 

Excavations 147 o 

Excavations and trenches 147 o 

Fare, rate of 146 3 

Incorporators' meeting 149 13 

Land, authority relative to lease and purchase of property of Eck- 
ington and Soldiers Home Railroad Company 156 1 

Motive power 145 2 

Officers 149 17 

Organization of company 148 13 

Passenger rooms 149 15 



289 



Page. Section. 

15 

9 

24 

20 

1 

1 

3 

3 

24 

24 

24 

24 

24 

24 

13 

4 



168 
169 
169 
182 
185 
186 
187 



Maryland and Washington Railway Company— Continued. 

Passenger houses 149 

Power houses - 147 

Rhode Island avenue, extension of 150 

Roadway, free use of 150 

Route of -.-- 145 

To be approved by Commissioners of the District of Columbia. 145 

Extended 1 55 

In city of Washington 155 

Rhode Island avenue, opening of 153 

Dedication of 154 

Appeal from decision of court 153 

Appraisers to be appointed by court 154 

Awards, payment of 154 

Benefits to be considered 150 

Stockholders' meeting -• 148 

Taxes 146 

Tracks — 

Construction of 146 

Grades of 147 

Paving between 146 

Space between 146 

Underground constructions, damage to 152 

Wires, no overhead 155 

Metropolitan Railroad Company ( 1864 ) , act incorporating 161 

Amendments to (1865) 167 

(1865) 
(1867) 
(1869 
(1894 
1895 
*1897 
;i900) 

Annual meeting 164 

Annual report 166 

Boundary and Silver Spring Railway Company 176 

Bridge across Rock Creek at P street to be repaired 

By-laws to be prescribed 'I ...... . 164 

Capitol grounds, tracks in, under supervision of Architect of Capitol . 187 
Capital stock — 

Authority to issue 163 

Books of subscription 163 

Increased 168 

Limit of subscription 163 

Payment at subscribing 163 

Sale in default of payment 168 

Cars 163 

Articles left in 163 

Exclusion from 168 

License for 162 

Schedule of running 163 

Tax for use of horse 184 

Columbia road from Florida avenue to Eighteenth street extension. 186 

f 165 

Commencement and completion of construction { 1 69 

I 168 

Completion of change of route, time for 168 

Condemnation proceedings, old Sixteenth street 187 

Connecticut Avenue and Park Railway 169 

Contracts, may enter into 241 

Construction 162 

Cost of 166 

Crossings — 

Street to be kept clean 165 

Penalty for not cleaning 165 

Depot and stable connections 163 

Deposit for extensions, old Sixteenth street 187 



5 

7 
6 
5 
8 
3 
1 



15 
22 



14 
1 

8 

12 

2 

12 

12 

2 

9 

11 

5 

2 

9 

6 

1 

17 
1 
1 
3 
2 

1 

3 

22 

20 

21 

10 

3 



290 



INDEX. 



INDEX. 



291 



^ Page. Section. 

Metropolitan Kailroad Company, etc. —Continued. 

Directors |^ Ij 

Increase of .....------•-••----------------*••*"•**""***""** aoo * 

Indebtedness, question of in case of District of Columbia, referred 

to court of appeals - ^°^ * 

Equipment — i 

Fares— ^- „„ 

Sale of tickets , }^l 23 

Rates of \ 167 1 

1 >ljets ^^ ^ 

Franchise forfeited for failure to comply with conditions 260 3 

Georgetown extension, authority for lo5 3 

Grade changes j^f ^ 

Horses to be dispensed with :|o| ^ 

Judgment to be paid j°J 

Motive power J^T o 

Changeof r ]l] % 

Tobeapproved j°J * 

Time extended for change of j^^ J 

Change of authorized 1°^ 2 

Time to change extended -^ J 

J 162 1 

Municipal regulations, subject to "^ i67 l 

Notes, not to issue as currency r--- J^ l 

Officers 164 13 

Passenger rooms f?J j" 

Roadway, free use of ™ ^^ 

Rock Creek Railway, joint operation loo o 

Route 161 1 

Amendment changmg |^/ i 

Amendment extending 1^7 1 

Extending to old Sixteenth street - 187 1 

On old Sixteenth street - 187 Z 

Sale and lease, Florida avenue and U street line, power of 263 & 

Stockholders' meeting J^J J^ 

Stockholders, liability ]^ 1^ 

Taxation - 

Track to be located by Commissioners of the District of Columbia. . 185 2 

Trackage — - 

Reciprocal, to enter into with other roads -^ez o 

Tracks— . 

Paving between j^^ * 

Reciprocal use |°"^ ^ 

Remove from Capitol Grounds 1°^ ^^ 

Use by Rock Creek Railway Company authorized 78 Z 

Terms of use by Rock Creek Railway Company 78 2 

Transfers— „ 

Free to Capital Railway Company zm 6 

Arrangements with connecting lines 184 & 

Reciprocal 262 5 

Coupons from Brightwood Railway Company 18b o 

Tickets, sale of coupon 263 5 

Union Railroad Company --- 174 i 

Washington and Great Falls Railroad Company may consolidate . . 241 i 

Wires, no overhead 181 ^ 

Motive power --'• J^^ 

Change from horse to mechanical , authorized ^o» 

Certain roads required to use mechanical power 259 3 

Approval of Commissioners required 260 3 

To be same for reciprocal trackage 262 o 

Rails, etc., regulations do not apply outside city limits.. 259 

Being changed, stock may be issued 259 3 

Navy- Yard Bridge {see oho Anacostia Bridge), trolley may be used on, 

by Capital Railway Company :-"'^:; ooo \ 

Passenger station to be established near Aqueduct Bridge Z6^ o 

Passengers, st/ops must be made for 268 



I* 



258 



271 



Page. Section 

Paving, street railways to pay for portion between rails and tracks and 

2 feet •xterior thereto ----; ---- 257 

Paving, certificates of indebtedness may be issued against m payment of. 258 

Paving materials may be used - 257 

Paving street intersections to correspond with pavement of street inter- 

sections .,._...•-...-.•--."-.---•--•""•""-••---*"••---" ^oo 

Pennsylvania avenue, repavement of, by Washington and Georgetown 

Railroad Company - - - - - - - - ^ 

Pennsylvania avenue southeast, east of Eighth street, authority to extend 

tracks --.- 80 ] 

Pennsylvania Avenue Bridge, authority to lay tracks on, by East Wash- 

ington Heights Traction Company 109 

Pipes, damage to, by electrolysis «1 

Policemen to be stationed at street crossings ^I 

Police regulations relative to street cars 265 

Potomac River at Three Sisters, Washington and Arlington Railway 

authorized to construct bridge 201 

T? Q |1 a • 

Grooved, shall be used on street railways in city limits 

Style of, required 

To be placed in position within two years 

Railroads. ( See Street railroads ) . 

Railways: 

Street, electric underground system, to be installed by October 1, 1899 

Fenders to be provided 264 

Laws 257 

Public work chargeable to 257 

Commissioners to make changes should companies fail to do so 257 

Reciprocal trackage arrangements between railroads authorized 262 

Rhode Island avenue, opening of, by Washington and Maryland Rail- j 150 

way Company I 1^ 

Rock Creek Bridge : 

At Connecticut avenue - 74 

Cost of maintenance and repair to, borne by railroad companies. . . 269 

Rock Creek Railway of the District of Columbia (now Capital Traction): 

Act incorporating 68 

Annual meetings 72 

Annual report 73 

Bonds, authority to issue 74 

Bridge over Rock Creek 74 

/ 70 

Capital stock S 75 

j 70 
Subscriptions S 75 

Books of subscriptions 71 

Sales of delinquent 75 

Payment of subscriptions 71 

Capital stock, method of fixing amount 70 

Cars 71 

Cars, articles found in 74 

Cars, ejection from 73 

Cars, speed of 70 

Charter amended | 77 

Charter, original reaffirmed 76 

Chevy Chase Land Company may connect with 77 

Commencement and completion of construction 70 

Commencement and completion of, extended 75 

Completion, time for, extended 77 

Connecting lines, authorized to connect with 77 

Construction 69 

Contracts can be made for joint use of tracks 78 

Directors 72 

Equipment 71 

^ , / 69 

Fare, rate of » 79 

Florida avenue and U-street line, power to lease and sell 197 



12 
3 



24 
24 



3 
4 
1 
1 
2 
2 
2 
3 
2 
3 
2 
2 
2 
5 
3 
1 
1 
1 
5 
1 
1 
3 
3 
1 
1 
3 
3 
2 
1 
1 
5 



292 



INDEX. 



INDEX. 



293 



Rock Creek Railway of the District of Columbia— Continued. Page. 

Lands — 

Cost of purchase 76 

Dedication, purchase, and condemnation 76 

Motive power - 70 

Passenger rooms 71 

Power and en^ne houses 70 

Public travel, mterference with 76 

Repairs to 70 

Roadway, free use of 72 

Route — 

Amended 69 

Changed 74 

Repeal of old 75 

Sale or lease, power of 72 

Streets, opening of 78 

Taxes 73 

The Capital Traction Company may change name to 79 

Tracks- 
Extension of 77 

Paving of 69 

To be kept well paved 74 

To be paved by District of Columbia in case of failure 75 

Paving lien 75 

Use of Metropolitan Railroad 78 

Use jointly with Eckington and Soldiers' Home Railway Com- 
pany 1 78 

Terms for use of 78 

Width between 78 

Wires, no overhead in city limits 75 

Secretary of War: 

Approve plans of an Anacostia Bridge 247 

Approve route of Washington, Alexandria and Mount Vernon 

Railway through Arlington 191 

Approve "route across aqueduct lands by Washington and Great 

Falls Railway Company 222 

Approve fence at Washington Aqueduct by Washington and Great 

Falls Railway Company 224 

Approve fence along Conduit road by Washington and Great Falls 

Railway Company 224 

Approve lighting along Conduit road by Washington and Great 

Falls Railway Company 225 

Approve water mains along Conduit road 222 

Approve ferry slips and boat Washington, Alexandria and Mt. Ver- 
non Electric Railway 191 

Speed of street railway cars 267 

Spring road, use of, by Baltimore and Washington Transit Company. . . 17 

Stock, companies changing motive power, etc. , may increase. . . , 259 

Street cars: 

Children not allowed on platforms '. 266 

Crossings, right of way 268 

Not to be switched in streets - 265 

Of suburban lines may be drawn over connecting city lines 263 

One-horse, prohibited in city limits 261 

Platforms to be protected with gates 266 

Shall have right of way over respective tracks 265 

Speed of 267 

Spitting in prohibited 269 

Stop at intersecting roads 268 

Stop before crossing steam railroad tracks 269 

Stop not more than five minutes, etc 268 

To be in charge of conductor 261 

To display lights after sundown 269 

Wheel guard or fender equipment 266 

Street railroads: 

Certificates of indebtedness msiy be issued against 258 

Change of motive power authorized 259 

Changing motive power may increase amount of stock ...,..,.,.., 259 



Section. 

4 
4 
1 
2 
1 
4 
1 
3 

1 
1 
2 
3 
4 
4 



1 
1 
1 
1 
1 
2 

3 
2 
2 
2 



1 

1 

1 

1 
1 

1 

24 

1 

3 

16 

25 

3 

1 

1 

22 

15 

24 

23 

25 

27 

26 

1 

26 

17 

1 
3 
3 



Street railroads— Continued. ^^^' Section. 

Code of laws of District of Columbia relative to railways 272 

Crossing policemen authorized 37 3 

Grooved rails in city limits — 258 

Highway bridge over Potomac River, may cross ^ 270 

Malicious injury due to obstruction 273 

Motive power to be same for reciprocal trackage 271 

Pavements at street intersections 258 

Pavements between rails and track, how paid for 257 

Prohibited on I and K streets, front of McPheraon, Farragut, and 

Franklin squares 257 

Shall not be laid without consent of Congress 257 

Suburban, may have trail cars drawn over city lines 263 1 

United States telephone lines, for protection of, by Washington and 

Great Falls Railway Company 237 1 

Tickets— 

To be sold in sheets of six 261 1 

Not to be sold a second time 261 1 

Shall be honored on all lines in District of Columbia 261 1 

Transfer coupon shall be sold by certain suburban lines 263 5 

Metropolitan Railroad Company to honor coupon transfer tick- 
ets by certain suburban lines 263 3 

Transfers not to be issued where trackage is forbidden 270 2 

Transfer tickets to be issued free where Capital Railway Company 
connects with Capital Traction and Metropolitan Railroad Com- 
pany 263 3 

Trackage arrangements forbidden unless motive power is similar. . . 270 2 

Trackage reciprocal only where propelling power is the same 262 

Tracks — 

Abandoned, to be removed 271 1 

Remove from Washington Aqueduct Bridge over Rock Creek. 65 

To be laid on Bunker Hill road and Wiseman avenue 272 

Removal from Capitol grounds by Metropolitan Railroad and 

Washington and Georgetown Railroad Company 64 12 

Duties of companies at intersecting 258 

Obstructions to be removed 266 20 

To be paved by District of Columbia when neglected by com- 
panies 257 

How paved 257 

Relocation in certain streets 272 

Removal of disused 271 

Twenty-sixth and M streets NW., right to lay Washington and 

Georgetown Railroad 65 

To be laid on Wisconsin avenue 272 

Transfer and trackage arrangements, reciprocal, connecting lines 

required to make 262 5 

Transfers, free, to be issued. 271 

Transfer station. ( See Union transfer station. ) 

Taxation on gross receipts, etc 270 

Union transfer station — 

Commissioners of the District of Columbia, shall regulate use of . 68 3 

Land for 68 3 

Union Railroad Company (absorbed by Metropolitan Railroad Com- 
pany), act incorporating ! 169 1 

Union transfer station 68 3 

United States property, damage to, by Washington and Great Falls Rail- 
way Company 236 1 

United States not to pay portion of work done for street railways 257 

United States telephone line, for protection, by Washington and Great 

Falls Railway Company 237 1 

Washington, Alexandria and Mount Vernon Electric Railway Company: 

Act incorporating (1894) 191 1 

Annual report 195 15 

Cars — 

Articles found in 195 14 

Ejection from 196 19 

Speed of 195 13 



I* 

i 



I 



J 



INDEX. 



295 



294 ^^^^^• 

Washington, Alexandria and Mount Vernon Railway Company-Con- ^^^ ^^^^^ 

''"commencement and completion of construction ........----...--- .^ 20 

Condemnation proceedmgs ; _ 192 . ^ 

CJonstruction -;;;; l»i ^^ 

Crossings J !^ -^g 

Rightofwayat ^^^99 6 

E street NW., remove tracks from ::::::::"".'.'------- ]l^ ^^ 

Fare, rate of ..---.- ' " |^^ « 

Ferry slips and boat 1^ ^ 

§»Xterpoto„iiiKiVer;///.......--.-::;;::::::::: | n 

Motive power....- " j^J . 

Passenger rooms, ete. m ^^ 

Plans, to be approved... 193 « 

Power and engine houses 196 17 

Roadway, use of ^^^ 

ChlD^";duetoMunicipalbunding:....^ ^ U 

Coinciding. — - --///.: W^ * 

On country roads m W 

Snow and ice,, removal of -— -; m ^ 

Street, widening of I** 

S^cksll" ■ 197 23 

To Arlington Keservation •-■- 192 o 

?:;rus^ by FalVsChu'rVh and Potoma. Railway Co-pany.| ^^ 22 

Trenches and excavation '//.'.'''.'. ^^^ ^ 

W.Sn-r aH^^- 00^^^^^ 201 1 

Act incorporatmg (1891) f 20^ ^ 

Annualreport 205 8 

By-laws 4 

Capital stock- 20d * 

Bond and issue 204 o 

Paymenteon ::::::".:". |XI 6 

- Subscription --. ^04 o 

Subscription books -•--- 204 

Ejectment from 204 o 

Coni^^etenlrd-fi^eii^n-ofion^^^^^^^^^^^ | 1 

SZSp^^inS.Vonfinnatiouioberecorded..-^ || JJ 

Construction...... 205 

Directors, board of ^OZ ^ 

Engine houses :".:::::'.''.' 207 15 

Fare, rate of ^"^ .^ 

Grade, changes of ; 20b ii 

Land, acquiring ^04 o 

Land, necessary ;; ^Oi 

Motive power. ;; ^o& 

Office, principal ^"o 

Officers.... ;;;; ^^ g 

Route ; ^q 3 

Stockholders, meeting of ----- 203 ^ 

Taxes 



Washington and Arlington Railway Company— Continued. 

Tracks Page, section. 

Approval necessary 202 2 

Coinciding 201 1 

On bridge 202 2 

And bridge, use of by other companies 206 10 

Paving of 202 1 

Water pipes, protection of 207 15 

Wires overhead not permitted in city limits 201 1 

Washington Aqueduct Bridge over Rock Creek, remove tracks from. . . 65 

Washington, Arlington and Falls Church can acquire rights in default. . 254 2 
Washington and Georgetown Railroad Company (now Capital Traction 
Company): 

Act incorporating (1862) 59 1 

Annual meeting ^2 lb 

By-laws and rules ^2 lo 

Capital stock ^0 8 

Advertisement as to books of subscription ol 13 

Capital stock— ao iq 

Apportionment of "- *^ 

Books of subscription *. 61 13 

Payment at time of subscription 61 13 

Merged into Capital Traction Company 59 Note. 

Cars— 

Articles found in "^ ii 

First-class, required 61 9 

Schedule of running 61 9 

Completion, time for 63 19 

Fare, additional 63 1 

Fourteenth street extension 63 1 

Grade to be altered when required 60 5 

Horsepower to be used 59 1 

Horses, must dispense with, in two years 67 3 

Judgment to be paid 67 

Lands for depot 61 10 

Motive power changed to cable 59 Note. 

Motive power 66 3 

M Street Bridge over Rock Creek, repair of 67 

M street NW., right to lay tracks 65 

Municipal officers not to obstruct road 63 17 

Notes not to issue as currency 60 7 

Officers and directors 62 14 

Passenger rooms, etc 61 10 

Pennsvlvania avenue — 

Fffteenth street to Rock Creek, appropriation for paving 64 

Paving adjacent to tracks 64 3 

Repavement of 66 3 

Railway, how to be laid 60 3 

Road, use of, subject to municipal regulations 60 I 

Roadway, free use of 63 18 

Route ol 59 1 

Route, extension of - 59 1 

Seventh street extension 63 1 

Stock, may increase, upon change of motive power 66 3 

Stockholders' meeting 62 13 

X axation ..........••••••■•••••••••.••*••*•«•«•••*••••'•••.•... '-'" * 

Tracks — 

Coinciding 66 1 

Between depots and stables 61 10 

Extension of, on Water and P streets S W 65 

Grade of 66 

Use, in common 66 

Use by United States Government 61 12 

Terms of joint use 66 

To be kept in order by company 60 4 

Remove from Capitol grounds 64 12 

Remove from Washington Aqueduct Bridge over Rock Creek. . 65 

16400—05 20 



296 



INDEX. 



INDEX. 



297 



Washington and Georgetown Railroad Company — Continued. 
Tracks^IIontinuea. 

Twenty -sixth street, right to lay 

Right to lay on Twenty-sixth and M streets 

Union transfer station shall build 

Union transfer station shall extend tracks to 

"Washington and Glen Echo Railroad Company (1898) 

Contracts, may enter into 

Consolidate, with Washington and Great Falls Railway Company 

authorized 

Tracks, right of way to construct 

Washington and Gettysburg Railway Company of Maryland: 

Act authorizing extension of line in District of Columbia (1899)... 

Bonds 

Buildings 

Cars 

Articles found in 

Ejectment from 

Schedule 

Speed of - 

Commencement and completion of work 

Completion, time for 

Completion, extension of time for. 

Construction 

Construction, time extended for, in District of Columbia 



Deposit 

Deposit guarantee - 

Excavations 

Fare, rate of 

Grade changes - 

Land 

Penalty for failure to complete 

Plans, approval 

Roadway, care of 

Route 

Route, coinciding --. 

Supervision and control of, by Commissioners District of Columbia. 

Switching 

Taxes 

Telegraph and telephone lines 

Washington and Great Falls Electric Railway Company: 

Act incorporating ( 1892) 

Act incorporating amended 1894 

Annual meeting 

Annual report 



Bonds 



Bonds and stock 

Buildings 

By-laws 

By-laws, may make changes in . 
Canal road, wall 

Capital stock 



Capital stock, subscriptions to 

Capital stock and shares, may acquire, in electric companies supply 
ing power 

Cars — 

Schedule of running 

Speed of 

Speed of, at crossings 

Stearri, prohibited 



Foxhall road stop 



Page. Section. 


65 




65 




68 


3 


68 


3 


214 




241 


1 


241 


1 


214 


1 


208 


1 


211 


16 


211 


15 


210 


9 


211 


13 


211 


12 


210 


10 


210 


11 


212 


20 


213 


1 


214 


5 


209 


5 


r 213 


1 


\ 214 


5 


210 


6 


210 


8 


209 


4 


211 


14 


212 


18 


211 


16 


212 


22 


209 


3 


209 


7 


208 


1 


209 


2 


212 


21 


209 




212 


7 


212 


19 


221 


1 


232 


1 


228 


4 


231 


7 


/ 226 
\ 236 


2 


1 


236 


1 


239 


2 


228 


4 


228 


4 


222 


1 


/ 239 


2 


1 242 


2 


/ 227 


3 


\ 239 


2 


242 


3 


/ 232 
\ 239 






225 




/ 239 

\ 238 






. 236 




239 





Washington and Great Falls Electric Railway Company — Continued. Page. 

Commencement and completion 231 

Completion, time for, extended 232 

Conduit road 222 

Consolidation 227 

Consolidation with various roads 241 

f 224 

Construction < ^07 

Construction and operation 225 

Construction and operation to be approved by Secretary of War 225 

Contracts, may enter into 241 

Corporators, meeting of -j ^fi 

Crossings — 

Rightof way at 228 

Paving at 237 

Conduit road, signals to be used at crossings 238 

Charter amended with reference to Union transfer station 232 

Damage to United States property 236 

Deposit required i ^^"^ 

Directors 227 

Disbursement of money 223 

Fare, rates of 244 

Fence at Washington Aqueduct 224 

Fence, shall erect 238 

Land and condemnation proceedings 229 

Lights at Chain Bridge 225 

Lights at intersecting roads 238 

Lighting roadway 225 

Motive power 237 

Office, principal 228 

Passenger rooms 225 

Passenger station at aqueduct bridge 232 

Poles and wires 224 

Rails, location of 222 

Railway parallel to Conduit road 221 

Roadway, free use of 228 

K°»*« {fA 

Route across aqueduct lands 223 

Amended 232 

Extension of 233 

Routes, coinciding 232 

Snow and ice, removal of 232 

Stockholders, meeting 227 

Stock 225 

May acquire and hold, in other roads 241 

Method of operating acquired 242 

Taxes 231 

Telephone line, United States for protection of 237 

Tennallytown Road, branches to 235 

Tracks — 

May connect with other lines 235 

Coinciding 222 

Gauge of 224 

Location of 224 

Pavingof ' 224 

Water mains 222 

Changes of [[[ 232 

Construction of 225 

Protection of 225 

Union tranf er station 68 

Washington and Marlboro Electric Railway Company: 

Act incorporating (1895) 247 

Anacostia Bridge — 

Building of 247 

Plans to be approved by Secretary of War 247 



Section. 

6 
2 
1 
3 
1 
1 
1 
1 
1 
1 
3 
3 

4 
1 
1 
3 
1 
I 
1 
4 
1 
2 

1 
5 
1 
1 
1 

4 
2 
3 
1 
1 
I 
4 
1 
1 
1 
1 
5 
1 
1 
3 
2 
2 
2 
7 
1 
1 

1 
1 
1 
1 
1 
1 
4 
1 
1 
3 



1 
1 



I 



I 



298 



INDEX. 



Washington and Marlboro Electric Railway Company — Continued. 

Annual reports 

Bowen Road, extension to 



Page. Section. 



Cars. 



Articles found in 

Ejection from 

Schedule of running --- 

Speed of 

Commencement and completion of construction 

Completion, extension of time for 

Construction of 

Crossings 

Right of way at 

Conditions to be complied with by successors 

Deposit guaranty 

Deposit to be made 

Engine and power houses 

Excavation and trenches 

Fare, rate of 

Grade changes 

Land, condemnation of 

Lighting along line 

Motive power '. 

Passenger rooms 

Plans to be approved by Commissioners 

Roadway, free use of 

Route 

Extension of 

Routes — 

Coinciding 

In country roads 

Snow and ice, removal of 

Street widening 

Taxes 

Tracks — 

Paving adjacent to 

East Washington Heights Traction Company, right to use 

Water mains, deposit for ...- 

Washington and Rockville Railway Company, contracts may enter into 

with 

Washington and University Railroad Company: 

Act incorporating ( 1898) 

Bonds 

Buildings 

Capital stock 

Cars 

Articles found in 

Ejectment from 

Schedule of running 

Speed of 

Completion of work 

Construction of 

Dedication 

Deposits 

Deposit guarantee 

Excavations 

Fare, rate of 

Land, condemnation of 

Motive power 

Organization 

Penalties 

Plans 

Right of way 

Roadway, care of 

Route 

Route, amended 

Taxes 



251 
247 
250 
251 
252 
250 
260 
248 
253 
248 
252 
250 
253 
252 
253 
248 
248 
251 
248 
252 
248 
249 
250 
252 
252 
247 
248 

250 

248 
251 
248 
251 

248 
253 
248 

241 

215 
218 
217 
218 
217 
217 
217 
217 
217 
216 
216 
220 
216 
217 
216 
217 
218 
215 
218 
219 
216 
220 
216 
215 
219 
219 



16 

1 

13 

15 

20 

13 

14 

11 

1 

4 

19 

12 

24 

22 

33 

10 

8 

17 

7 

21 

6 

12 

13 

23 

18 

1 

1 

12 
3 

14 
2 

16 

5 
2 
9 



1 

20 

17 

20 

11 

15 

14 

12 

13 

9 

6 

2 

7 

10 

5 

16 

18 

3 

19 

22 

4 

2 

8 

2 

2 

21 



INDEX. 



299 



Page. Section. 

Washington Railway and Electric Company (name of managing corpo- 
ration: The Washington Railway and Electric Company is a manag- 
ing corporation whose principal lines are Metropolitan, Anacostia and 
Potomac River, Belt, Capital, Columbia, etc. Also has control of 
certain other lines, as per deed filed in office of recorder of deeds, 
February 4, 1902, under authority of act of Congress approved June 5, 

1900) 241 1 

Washington, Woodside and Forest Glen Railway and Power Company: 

Relative to using Brightwood tracks 220 1 

Contracts, may enter into 241 1 

Water mains disturbed by street railways shall be moved at expense of 

company 265 4 

Water front at ends of highway to be kept open 143 6 

Wires, not authorized erected or maintained after December 15, 1888.. 272 
Wisconsin avenue, tracks to be laid in middle 272 3 



M5it/ 05737 
SEP2 91994 I^Ef-l 





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