MASTER
NEGATIVE
NO. 94-82309
COPYRIGHT STATEMENT
The copyright law of the United States (Title 17, United States Code)
governs the making of photocopies or other reproductions of copyrighted
materials including foreign works under certain conditions. In addition,
the United States extends protection to foreign works by means of
various international conventions, bilateral agreements, and
proclamations.
Under certain conditions specified in the law, libraries and archives are
authorized to furnish a photocopy or other reproduction. One of these
specified conditions is that the photocopy or reproduction is not to be
"used for any purpose other than private study, scholarship, or research."
If a user makes a request for, or later uses, a photocopy or reproduction
for purposes in excess of "fair use," that user may be liable for copyright
infringement.
The Columbia University Libraries reserve the right to refuse to accept a
copying order if, in Its judgement, fulfillment of the order would involve
violation of the copyright law.
Author:
United States.
Title:
Laws relating to
street-railway franchises
Place:
Washington, D.C.
Date:
1905
MASTER NEGATIVE #
COLUMBIA UNIVERSITY LIBRARIES
PRESERVATION DIVISION
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-^'".
o
RESTRICTIONS ON USE:
TECHNICAL MICROFORM DATA
FILM SIZE:
.39
av> |V^
REDUCTION RATIO: f^^
IMAGE PLACEMENT: lA
DATE FILMED:
IB IIB
INITIALS
TRACKING # :
rftSH 037^1
FILMED BY PRESERVATION RESOURCES, BETHLEHEM, PA,
>
^^A
<v^
3
3
O"
O >
?3.0
IS
CO
CJI
^-<
OOM
KD
O
3
>
o m
CD O
do"
-"sj o o
X
<
N
M
■^
>
"S:
^
.*'
>
^'V^
^x^^
^^^y^
<v^
<9
lO
o
o
3
3
o
3
3
J^
>
A?
a?
o
o
3
3
en
O
f"i^i5PI!EE|?
nwi
CO
On
00
o
I
N3
00
to
In
1.0 mm
1.5 mm
2.0 mm
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghiiklmnopqrstuvwxyz 1234567890
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghijklmnopqrstuvwxyzl234567890
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghijklmnopqrstuvwxyz
1234567890
2.5 mm
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghijklmnopqrstuvwxyz
1234567890
e.^^
%*
<
V
fo
^t>
^Sr
.A-
•'^/>.
#?
4^
i^^
L%
&
fcp
fp
m
H
O
■o m Tj
I Tl ^
S Oos
0(/) ;
m
o
m
'iy
€^
^
a* o
3 3
3 3
I?
If
^1
si
>4-<
aB^4
s
IS
ODIM
V
/>►
^
J^S'^O s
a)<o3
LIBRARY
School of Business
1
■^ic^arb ■^orfam "^eabe
^x cStdris.
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-janK"
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 0
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 0 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 0 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. 1872.
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
"■\
\\
•\
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- 217 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 0 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 0
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
Date Due
^
/
D5"^o-
<J=5^|r cy^ Cc»/
H
L
,i
COLUMBIA UNIVERSITY LIBRARIES
0044267789
fmt^^m
END OF
0
T TLE
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11