•Ufi&IMJ OF KKiMA* mt>HOM uQ\ Qh :• [No. 4.] STEAM RAILROADS IN WASHINGTON. SUB-COMMITTEE ON STEAM RAILROADS TO THE CITIZENS' REPRESENTATIVE COMMITTEE OF ONE HUNDRED, DISTRICT OF COLUMBIA, 1887. Your Committee on Steam Railroads, to which has been referred the subject of proposed changes of steam railroad routes entering and passing through the city of Washington, the location of railroad freight depots and yards, the selection of a site for a Union Railroad Passenger Depot, and other mat- • ters cognate to the same, beg leave respectfully to report as follows: GRANTS MADE TO THE BALTIMORE AND OHIO RAIL¬ ROAD COMPANY. By act of the Legislature of Maryland, Feb¬ ruary 28, 1827, the Baltimore and Ohio Railroad Company was incorporated and empowered to con¬ struct a railroad from Baltimore, Maryland, to the REPORT OF THE First—As to Railroad Grants. 2 Ohio river, and " lateral railroads in any direction whatsoever, in connection with said railroad. By act of May 9, 1828, (4 Stats, at Large, p. 268,) Congress, " to the extent" of its "jurisdiction of the soil over which it may pass," assented to the construction of a lateral branch of said railroad within the District of Columbia, but prohibited it from passing through "any of the reserved squares or open spaces of the city without the consent of Congress." Subsequently, (February 22, 1831,) the Maryland Legislature empowered and authorized the said rail¬ road company to construct a lateral branch "not exceeding sixty-six feet wide on the surface," from the main stem, to the line of the District of Columbia, By act of March 2, 1831 (4 Stats., p. 476), Con¬ gress authorized said lateral branch to be extended " into and within the District of Columbia," but confined the grant to the one branch, " it being ex¬ pressly understood," says the act, "that the said Baltimore and Ohio Railroad Company shall have power only to construct from the said Baltimore and Ohio Railroad, one lateral road within the said Dis¬ trict to some point or terminus within the city and county of Washington, to be determined in the manner hereinafter mentioned." After providing for condemnation of lands, etc., this act provides that whenever the said company in constructing this railroad, "shall find it neces¬ sary to cross or intersect any established road, street, or other way, it shall be the duty of the said company so to construct the said railroad across such established road, street, or other way, as not to im- 3 pede the passage or transportation of persons or property along the same." It prescribes that the company "in passing into the District aforesaid-? and constructing the said road within the same, shall enter the city of Washington at such place, and shall pass along such public street or alley, to such point or terminus within the said city, as the said company shall find best calculated to promote the objects of said road Provided, that the level of said road within the said city, shall conform to the present graduation of the streets, unless the said corporation shall agree to a different level." And, among other reservations therein, Congress reserved the right to authorize the construction of " such ad¬ ditional railroad or roads in connection with the said road, so as to extend the same road, or to construct others connected therewith to such parts of the Dis¬ trict, as from time to time may he required by the convenience of those parts of the District into which the said company are now restrained from carrying said road ; " and also reserved the right to enact " such rules and regulations, prescribing the speed of cars or carriages passing over said road, and other matters relating thereto, necessary for the security of the persons and property of the inhabitants of the District, in such manner as to the present or any future Congress shall seem expedient." This act provided also that the road should not be taken or terminated " west of the west side of Sev¬ enth street west," and " that the grivileges granted" by this act, "to the aforesaid railroad company, shhll be upon the condition that the said company shall charge the same rate of toll upon the same ar- 4 tides going east and west between Baltimore and W asliington. By a supplemental act, March 3, 1835, (4 Stats., p. 757,) Congress authorized the construction of the said road within the city of Washington, through squares 909, 888, 858, 832, 908, 887, 856, 857, 831, 807, 776, 751 and 718, and assented to its construc¬ tion " through or over any of the said lots or parts of lots which are owned by the United States." The act provides that the main stem of the said road, after passing through these squares, "shall not be constructed west or south of a point at the intersec¬ tion of H street, north, with Delaware Avenue, un¬ til the route from that point to the final termination of the main stem of said road shall be surveyed and approved by the mayor, and board of aldermen, and board of common council of the city of Washington; and when the route shall be so surveyed and ap¬ proved, the said company," says the act, "shall be, and they are hereby authorized to construct the raid railroad on the said route, under such restric¬ tions and conditions as may be agreed upon by the said railroad company and the mayor, board of al¬ dermen, and board of common council of the said city of Washington." The company was also au¬ thorized, by this act, to construct branches from the main stem within the city " to such place or places, and in such a number of tracks, as the corporate au¬ thority of the city of Washington shall assent to or permit"—the branches, however, not to "pass through any of the public reservations." The company was likewise permitted by it to acquire and improve lots adjacent to any street or avenue along which 5 the said road and branches were constructed, and " to extend and construct tracks of railway into any lot or lots so held by them, in connection with the tracks in any adjacent street or avenue: Provided, That the free use of any street or avenue shall not be impaired thereby." Another proviso prohibits the use of any steam-engine in propelling cars on this road within the city, except where agreed to by the corporate authorities of Washington. The provisions of this act of Congress, and the ex¬ tension and construction of the road into and within the city, were subsequently assented to by an ordi¬ nance of the corporation of the city of Washington, ."according to the plans or drawings thereof trans¬ mitted by a committee of the Baltimore and Ohio Railroad Company, with their letter to the mayor of this city, dated the 31st day of March, 1835," and the company was authorized under said ordinance to use steam-engines in drawing cars " to any point on said lateral branch of said road, to the northward and eastward of the intersection of the wTest side of New Jersey Avenue with C street north, until other¬ wise directed by an act or ordinance of this corpo¬ ration, and to no point to the w^est or south of said intersection"—the ordinance reserving the right to the corporation of Washington, at all times, when considered necessary, to limit and regulate, by law, the speed of cars upon said railroad within the city. On the 15th day of June, 1850, an agreement was entered into between the company and the Washing¬ ton city authorities, compreliending the removal of the Baltimore and Ohio Railroad depot from its then location, on Pennsylvania Avenue, to square 632, 6 where it now stands; under which agreement the company was authorized "to use steam-engines in propelling cars on the present line of the Washing¬ ton branch of the Baltimore and Ohio Railroad, from its entrance into said city to such point on said line, east of the eastern side of New Jersey Avenue in the square aforesaid, as it may select for the new location of its depot, for any period not ex¬ ceeding thirty years from the passage of" certain Joint Resolutions of the Board of Aldermen and Board of Common Council of the city of Washing- ton, approved May 31, 1850, upon certain specified conditions, which included obligations on the part of the railroad company : to erect at the new loca¬ tion "suitable and permament buildings and im¬ provements for a depot, on such a scale as may be necessary to afford ample accommodations for the freight and travel on the said branch railroad ; " to pay the corporation $8,000, to be expended in im¬ proving contiguous streets ; and to pay its then tax arrearages. By act of Congress, July 25, 1866 (14 Stats., p. 250), the Baltimore and Ohio Railroad Company was authorized to extend the Metropolitan Branch into the District of Columbia, to such a point or points "as may be agreed upon between the said company and the Corporation of Washington, in respect of a road within the limits of Washington"—the provisions of the several acts of Congress relating to the lateral road authorized by the act of March 2, 1831, and the acts supplemental thereto, being therein declared to "apply to the Baltimore and Ohio Railroad Company, so far as they are severally applicable to the loca- 7 tion, construction, and use by the said company of the road now authorized to be constructed " into the District;—the road to be completed within three years. From the report of the District Commissioners to the Senate District Committee (Mis. Doc. 15, 1st Sess. 47th Cong.), it appears that ''the corporation (64 Council, p. 74) gave them the right to come in on First street east (as now located), with the privilege 'of using steam-engines thereon,' without any limita¬ tion as to time. The same act, (ordinance?) in sec¬ tion 3, extended the agreement of June 1, 1850, in regard to steam-engines on the Washington Branch another thirty years, i. e., to June 1,1910." GRANTS MADE TO THE BALTIMORE AND POTOMAC RAILROAD COMPANY. The Baltimore and Potomac Railroad Company was incorporated by an act of the Legislature of Maryland, passed on the 6th day of May, 1853. By its 12th section the company was invested with the rights and powers necessary to the construction, working, use and repair of a railroad from Baltimore city to a point on thp Potomac river " not higher up than Liverpool Point and not lower down than the mouth of the St. Mary's river, with such branches at any point on said railroad, not exceeding 20 miles in length, as the president and directors may deter¬ mine and also "to make, or cause to be made, lateral railroads in any direction whatever from the said railroad, and for the construction, repair and maintenance thereof, shall ha-ve all the rights and ♦ 8 powers thereby given in order to the construction and repair of said principal railroad;" * * " the said railroad, when completed, not to be more than 66 feet wide, except at or near its depots or sta¬ tions, where the width may be made greater, with as many tracks as the president and directors may deem necessary." The line designated was wholly within the State of Maryland. On the 5th of February, 1867, (14 Stats, at Large, p. 387, Congress passed an act by which the com¬ pany was authorized to extend into the District of Columbia "a lateral railroad such as said company shall construct, or cause to be constructed, in con¬ nection with the railroad which they are about to locate and construct from the city of Baltimore to the Potomac river," and "toexercise the same powers, rights and privileges, and subject to the same re¬ strictions in the construction and extension of said lateral railroad into and within the said District, as they may exercise or are subject to in and by their said charter in the extension and construction of any railroad within the state of Maryland; and shall be entitled to the same rights, compensation, benefits and immunities in the use of said road and in regard thereto, as are provided in their charter." By section 3 it was provided that the said com¬ pany, in passing into the District and constructing their road within'the same, shall enter the city of Washington at such a place and shall pass along such street or alley to such place or terminus within the city as may be allowed by Congress upon pre¬ sentation of a survey and map of the proposed loca¬ tion of said road: "Provided, That the level of said 9 road within the city shall conform to the present gradation of the streets, unless Congress shall au¬ thorize a different level." In the same section it was further provided that " whenever the said company, in the construction of the railroad into and within said District, as au¬ thorized by this act, shall find it necessary to cross or intersect any established road, street or other way, it shall be the duty of said company so to con¬ struct the said railroad across such established road, street or other way, as not to impede the passage or transportation of persons or property along the same; * * but nothing herein contained shall be so construed as to authorize the entry by said company upon any lot or square, or upon any part of any lot or square, owned by the United States within the limits of the city of Washington, for the purpose of locating or constructing said road, or of excavating the same, or for the purpose of taking therefrom any materials, or for any other purpose or uses whatso¬ ever." Other acts of Congress passed on the 18th of March, 1869, and the 25th of March, 1870, (16th Stats., pp. 1 and 75,) authorized the company to enter this city by either one of two routes. The terminal point in each was described as a point at the intersection of South C and West Ninth streets, which was thus assigned by Congress as the western limit of the railroad within the city of Washington. The company located and adopted a route com¬ mencing on the western shore of the Eastern Branch between L and M streets, S. E., and thence passing 2g 10 through K street and Virginia Avenue to the termi¬ nal point on Ninth street, S. W. Up to this time the company had not been author¬ ized to construct its road to the Potomac River within, the District ; but by an act passed on the 21st of June, 1870, (16th Stats., p. 161,) the company was authoriz¬ ed to extend its lateral branch "by way of Maryland Avenue, conforming to its grade, to the viaduct over the Potomac Diver known as the Long Bridge, and to extend its tracks over said bridge," which it was empowered to take possession of free of cost. The company was, by this act, required to maintain the bridge as a public highway, and to keep the same always in good repair. By an act passed on the 3d of March, 1871, (16th Stats., p. 585), the company was further authorized to change the grade of Maryland Avenue, from Twelfth'street, S. W., to the Long Bridge, under the supervision of the municipal authorities. On March 23, 1871, the Board of Aldermen and Board of Common Council of the city of Washing¬ ton passed an ordinance authorizing the establish¬ ment of a passenger depot at Sixth and B streets. This action was confirmed by act of Congress ap¬ proved May 21, 1872 (17th Stats., p. 140), clearly defining the limits within which the passenger depot should be built. The company was restricted to two tracks along Sixth street, and Congress expressly reserved the right to repeal or modify the provisions of the act. None of these acts, except the last, specified the number of tracks that might be laid upon the streets of Washington ; nor can your com¬ mittee learn that any construction of the company's 11 rights in this respect has been had in the courts of the District; but the company claimed the right to lay as many tracks as can be accommodated within the width of 66 feet along any street that the various acts of Congress allowed them to pass over, under that clause of its original charter, which provides that the said read, when completed, shall not "be more than 66 feet wide, except at or near its depots or stations, where the width may be made greater, with as many tracks as the president and board of directors may deem necessary." Acting upon this, the company has four tracks, and in some places five, from New Jersey Avenue to Thirteen and-a-half street, S. W., along Maryland and Virginia Avenues. If this position were maintainable, the company might entirely close up K street, S. E., against travel by vehicles along the carriage way ; for the carriage way on that street is not 66 feet in width. It is evident that the statutes contemplated the use of Maryland and Virginia Avenues as transit routes merely. At most,1 two tracks would be amply suffi¬ cient to accomplish the legitimate purposes of the various grants to run over the streets of Washington. The only plausible excuse for more than two tracks, is the alleged necessity of using the public thorough¬ fares in accommodating the immense freight busi¬ ness of the company. Railroad corporations ordi¬ narily accomplish this on grounds belonging to themselves,—the Baltimore and Potomac Company, by appropriating the public streets. There is not a single expression in any of the acts of incorporation from which this power may be inferred, even by the 12 most liberal construction of such act. Such uses of these thoroughfares are entirely inconsistent with the theory of their dedication as open public streets or ways, over and along which the public have a right to pass, at any and at all times, either by vehicle or on foot, at their free will and pleasure. GRANTS TO THE ALEXANDRIA AND WASH¬ INGTON RAILROAD COMPANY. i ■ \ > This company was incorporated under an act of the Legislature of Virginia passed February 27, 1854. By the third section of the act of incorpora¬ tion it was provided, "That the said company shall not permit the said road to pass into the exclusive possession of any corporation without the limits of the Commonwealth of Virginia." By the act of Congress of March 3, 1863 (12th Stats., p. 805), this company was authorized to lay a single track up Maryland Avenue to the Capitol grounds ; thence across Pennsylvania Avenue along First street and Indiana Avenue, and thence to the Baltimore and Ohio depot, on New Jersey avenue and C street, N. W. It was to be subject to such restrictions in regard to the use and construction of said road as the municipal authorities might from time to time establish. No mention is made in any operative act of Congress about the right of this company to establish its depots in this city. An ordinance of the corporation of Washington passed on the 24th of May, 1866, requires this com¬ pany to erect a permament and commodious station- house and freight and passenger depot on Maryland 13 Avenue, between Seventh and Tenth streets, S. W., and at no other points in the city of Washington. Your committee is advised that there was no au¬ thority of Congress authorizing the municipal au¬ thorities of Washington to adopt such an ordinance as this. A few years prior to the War, a railroad was laid from the north end of the Long Bridge to the Balti¬ more and Ohio depot. During the War, it was used principally by the Government authorities, who re¬ stored it to the company after the War was over. The Alexandria and Washington company then re¬ organized, and ran trains in connection with the Baltimore and Ohio system until some time in 1872 or 1873, when the link between the Baltimore and Ohio depot, and Sixth street, S. W., was torn up. While the War was in progress, the United States authorities built a freight depot on square No. 386, and erected a platform on Maryland Avenue between Ninth and Tenth streets, which was used for load¬ ing and unloading troops and munitions of war. The Government also occupied a small frame build¬ ing at the west end of the public space, on the east end of square 358, for office purposes in connection with the railroad. After the War, the United States turned over possession of the railroad, and of all buildings appertaining thereto, to one Joseph Stew¬ art, secretary of the Alexandria and Washington Company. By that company it was, for a time, leased to the Orange Railroad, which operated the road for six months, or a little more. No mention was made in this lease of square 386, although it was, and is still, used by the railroad company. 14 The lease not proving satisfactory, was annulled, and the road and its franchises were restored to the Alexandria and Washington Company. About the time the Baltimore and Potomac Com¬ pany began to run its trains down Maryland Ave¬ nue, July 2, 1872, the stockholders of the Alexandria and Washington Company transferred their stock to one Shoemaker, and it was by him transferred to the Pennsylvania Railroad Company. No act of Congress has been found, authorizing the Baltimore and Potomac Railroad Company to lay or maintain tracks on Maryland Avenue between Sixth and Ninth streets, S. W. If such authority exists, it must be by virtue of a transfer from the Alex¬ andria and Washington Company of its franchises. These tracks are now under the exclusive control of the Baltimore and Potomac Company, presumably by purchase from the Alexandria and Washington Company, or its successor. Whether or not the transfer was so made as not to violate the prohibi¬ tion in the original charter of the Alexandria and Washington Company against allowing its franchises to pass into the exclusive possession of any corpora¬ tion without the Commonwealth of Virginia, your committee has been unable to discover. Second—Authority to Use the Streets for Freight- Yard and Storage Purposes. Both the Baltimore and Ohio and the Baltimore and Potomac Railroad Companies use the streets, more or less, for the parking thereon of empty and loaded cars when not actually in use; but against such uses, so made by the Baltimore and Ohio Company, 15 no complaints have been preferred to the courts. The Baltimore and Potomac Company, however, have found it convenient and economical to establish their principal freight deliveries on Maryland and Vir¬ ginia Avenues. Most of the business of the company which should properly be conducted in freight- yards, such as unloading freight, storing and shift¬ ing cars, and making up trains, is done on these avenues. This is a sore trial to persons living along the line of them. As many as forty, probably more, of the property-owners thus affected, have brought suit for damages resulting to them from such misuses of these streets. Every case of the kind which has been tried on its merits has resulted in a judgment for the plaintiff. In the trial of one of these cases, some years ago, Mr. Sharpe, then superintendent of the Baltimore and Potomac Company, admitted that 60 feet had been taken out of the middle of these avenues and devoted exclusively to railroad purposes. The pub¬ lic streets so appropriated are Virginia Avenue, from First to Seventh streets, S. W. ; the public space at the intersection of Maryland and Virginia Avenues, between Seventh and Ninth streets, S. W. ; and Maryland Avenue, from Ninth to Thirteenth-and-a- half street, S. W. In other words, in the south¬ western section alone, over 366,664 square feet of the public streets and grounds are occupied exclusively by this railroad company, for its own purposes. Some of this public property is used not only for the storage of cars, but also for the storage of old rails, ties, paving-stones, and other heavy freight. Not 16 less than 27 streets are thus obstructed at grade- crossings in the southern section of the city alone. Incumbrance of streets also exists to a considera¬ ble extent in the northeast section of the city, and, in that section, the Baltimore and Ohio road and its Metropolitan Branch cross at least twenty-five streets at or near grade ; twenty of which, at least, could be avoided by the judicious location of the lines of that road. The uses actually made of the numerous tracks laid in the public streets, not for purposes of travel, but for convenience of storage and for other business that should be transacted on land owned by the rail¬ road corporations, is, at t^e present time, not only a grievous annoyance to property owners and to per¬ sons residing near the points thus encroached upon, but the stoppage of fire engines during a fire, by this blockading of the streets, may, at some time, prove very disastrous to property interests. Besides, the constant shifting of cars across intersecting streets makes it dangerous for persons to cross New Jersey, Delaware, Maryland and Yirginia Avenues, and other streets'at such intersections, either by vehicle or on foot. Many serious accidents have oc¬ curred at these points, resulting frequently in death. Furthermore, the constant blockading of these avenues renders the transportation of freight, coming to this city by water, from the wharves to the busi¬ ness centres, a tedious and difficult undertaking. Your Committee is clearly of the opinion that no one of the several enabling acts authorizes the use of a street or avenue as a freight yard, or for the storage of cars and other property. A grant to construct and 17 operate a railroad from one city to another, and upon or through a given street, does not confer such a right. The language employed in making the grants, admits the existence of the "street,'5 and thus car¬ ries on its face its own restriction; and the act by its terms limits the use that may be made of the grant. By thu grant, the use is limited to the business of travel and transportation, on the same principle that one, having the right of way over a public or private road, may not for that reason make it his workshop or place of amusement, or devote it to purposes other than travel, to the detriment or detention of others having occasion to use it. Upon this prin¬ ciple, an unconditional right to lay tracks, given to a railroad, confers no right; to use the "street" as a freight-yard or place for storage. It gives no au¬ thority or license to abuse that right by a misuse of the "street," to the destruction of the ordinary and j t/ usual uses of such street as a channel for intercom¬ munication and general business purposes. In these views your Committee is sustained by the decisions of the Supreme Court of the District. The first, case brought to the attention of the court, in later years, was that of Mr. Knight, who lived on the south side of Maryland Avenue, between Eleventh and Twelfth streets, S. W. After a care¬ ful hearing, the court in General Term passed an order perpetually enjoining the Baltimore and Po¬ tomac Railroad Company from using Maryland Avenue, between Eleventh and Twelfth streets, for "loading and unloading freight cars, or for other purposes as a depot yard or freight yard." The company thereupon moved one square further 3g is west, and continued to use the avenue, between Twelfth and Thirteenth streets, as a freight yard. AVilliam Neitzy, living at Ko. 1210 Maryland Ave¬ nue, then brought an action at law for damages re¬ sulting to him and his family by reason of the noises and other disagreeable features attending the unloading and shifting of cars. The Court in Gen¬ eral Term held that he was entitled to recover, and, 011 a trial of his case before a jury, a verdict in his favor for $1,000 was rendered. IS me similar cases have been tried, with like result, differing only in the amount awarded by the several juries. Thus your committee feels justified in reporting that the use of the streets of the city by the railroad companies for freight yard purposes is entirely un¬ authorized, by laic. It is somewhat curious to note that the aggravated and constantly increasing detriment to private prop¬ erty, and annoyance to citizens and to travel, now so generally and so justly complained of, had a begin¬ ning in minor and almost insignificant encroach¬ ments ; but gradually, by the failure of the railroad companies to procure suitable freight yards, places for storing cars, for making up trains, and for other conveniences, together with the growth of our busi¬ ness relations, the resulting evils have become so on¬ erous that the demand for their abatement seems to be general and imperative, Your Committee, deeming it unnecessary in this connection to discuss questions of wrongful intent, has confined its inquiries to the subject of the most promising method of removing and avoiding the evils that have gradually become so annoying and 19 oppressive. To this end, your Committee, both col¬ lectively and severally, has sought information from, and carefully conferred, as far as possible, with, citi¬ zens acquainted with the subject, and with gentle¬ men who have a general acquaintance with railroad transportation ; and has consulted with officials of the several railroads entering the citv. It is most ; boundai^jpf tjie city, on the surface^ connect with' the Baltimore ani^Potomaq line east, .of Congres- . ^ I V t A V' c vj . I. i t - 1 *■ LA^yx^i.—--, - ^ ->j -w sional Cemetery, and reach R^4ervta#on~d-7 on said A . ■ > 1 line; or, as an alternative, trH"each sard^eseiwatioA / by-tunneling CapitoL-Hill under Fifth street,^ast,~^ * ap^North_.Cjaxolinar Avenue. ^ q' 7. Southern connecting lines with Baltimore and 2 I PotomacVv&n|l Baltimc^e and Ohio to curve out of . y s . Reservatioti 17 to K street^ south J and thence by ele- r * tated road westwardly to Water street, and along Water street to the Long Bridge.j 8. Authorizing connecting branch line from north¬ ern end of Long Bridge-along outer edge of the Flats and Georgetown to Aqueduct Bridge. 9. Freight depots for southern connections, to be south of Maryland Avenue, at the Long Bridge ; for Baltimore and Potomac, south of Canal street, near 32 Reservation 17 ; and for the Baltimore and Ohio, north side of Boundary street, at head of New York «■/ 7 Avenue,—with privilege of a connecting freight-line between its Washington and Metropolitan Branches north of the Boundary. 10. Confining all steam-railroad tracks running at grade through the city to a space 30 feet in width, with proper safeguards, and heavy penalties for standing street obstructions, etc. 11. Admitting other railroad companies hereafter desiring to enter the city, under like restrictions, by same routes, upon fair and equitable terms. All of which is respectfully submitted. C. B. CHURCH, Chairman. ISAAC L. JOHYSOY, Secretary. MAP OF THE PROPOSED CHANGES. 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