Chapter 382.
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CHAP. 382.— An act to incorporate the Washington and Arlington Railway Company of the District of Columbia.February 28, 1891. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Washington and Arlington Railway Company incorporated; granted right of way through Fort Meyer reservation and may bridge Potomac River at Washington, D. C. Incorporators. Tracks, etc. That W. H. Randle, D. C. Forney. J. S. Lawrence, Beriah Wilkins, C.
G. Lee, James L. Barbour, and their associates and assigns, be, and they are hereby, created a body corporate under the name of the Washington and Arlington Railway Company of the District of Columbia, with authority to construct and lay down a single or double track railway, with necessary switches, turnouts, and other mechanical devices for operating the same, by horse, cable, compressed air or other power to be approved by the Commissioners of the District of Columbia,Power. or electric power, for carrying passengers, parcels, milk, and truck, by the following route, namely:
Beginning on SixthLocation. 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 River at or near the point known as “The Three Sisters,” where the said company is hereby authorized to construct and maintain a bridge across the Potomac River on suchMay bridge Potomac River at “The Three Sisters.” 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 or west line thereof, in the State of Virginia: *Provided*, That said road*Provisos*. shall cross the Chesapeake and Ohio Canal on a bridge that shallChesapeake and Ohio Canal to be bridged. 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 Secretary of War: *Provided*, That said company shall not operate any part of its line by electric power with overheadOverhead wires in city limits. wires within the city limits: *Provided*, That should any part of the track herein authorized occupy the same street or avenueCoinciding traces. 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 adjustedTerms for use of other lines. upon terms to be mutually agreed upon between the companies, or, 790FIFTY-FIRST CONGRESS.
Sess. II. Ch. 382. 1891. in the case of disagreement, by the supreme court of the District ofLitigation. Columbia on petition filed therein by either party, and on such reasonable notice to the other party as the court may order: Secretary of War to approve bridge plans, etc., prior to commencement of road in District.*And provided*, That no work shall be done on said road in the District of Columbia, until the plans and specifications for the proposed bridge on the Potomac River at or near “The Three Sisters” shall have been approved by the Secretary of War, and the construction of said Consent of Virginia.bridge actually commenced: *And provided*, That so much *of* said line as may lie within the State of Virginia shall first receive the approval of the proper authorities of said State.
And said company Right of way through Fort Myer reservation, etc.is hereby authorized to run its said railway through the UnitedArlington Cemetery Grounds excepted. States reservation known as Fort Myer and such other land of the United States in the State of Virginia, excepting the Arlington Cemetery Grounds, as may be necessary to construct the railway between the Limitation.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 Regulations, etc.conditions and regulations as the Secretary of War may from time to time impose.
Sec. 2. That the railway hereby authorized and lying in the districtConstruction of railway on bridge, etc. of Columbia and on the bridge shall be constructed by said company of good materials, and in a substantial manner, with Joint approval.grooved rails of the best pattern, and of a suitable gauge,—all to be approved by the Commissioners of Tracks, etc., in district.the District of Columbia and the Secretary of War jointly. The tracks of said railway, so far as the same shall lie within the District of Columbia, and the space between the same and for two feet adjacent to the outer rails thereof, Paving.shall be at all times kept by said company well paved and in good order to the satisfaction of the Commissioners 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 Excavations for machinery, etc.and convenient devices and machinery for operating said railway in the manner and by the means aforesaid, subject to the approval of the Commissioners of the district of Columbia, and subject to the other provisions of this act;
Operative buildings, etc.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 place or places where the same may be located, an engine house or houses, boiler house or houses, and other buildings necessary for the successful operation of said road.
Sec. 3. That the said company may receive a rate of fare not exceedingFare. five cents for each passenger for one continuous ride over the route aforesaid or any part thereof, between the termini of said Tickets.railroad. and shall sell tickets at the rate of six for twenty-five cents. Said company shall, on or before the fifteenth day of January of each Annual report to Congress.year, report to Congress the names of all the stockholders thereof and the amount of stock held by each, together with a detailed statement of the receipts and expenditures from different sources and on whatever account for the preceding year ending December thirty-first, which report shall lie verified by the affidavit of the president and Payment to District in lieu of taxes on personally.secretary of said company; and said company shall pay to the district 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 Tax arrearage.
Penalty, etc.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 personal, to a sufficient amount may be seized and sold in satisfaction thereof in the 791 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 Tax on realty.shall be taxed as other real estate therein; *Provided*, That its tracks*Proviso*. shall not be considered real estate for the purpose of taxation.Tracks exempted.
Sec. 4. That the capital stock of said company shall be fifty thousandCapital stock. dollars, and may be increased to three hundred thousand dollars by order of a majority of the stockholders at a general meeting, in shares of one hundred dollars each. Said company shall require the subscribers to its capital stock to pay in cash to the treasurer, appointed by the corporators hereinbefore named, the amounts severally subscribed by them as follows, to wit: Ten per centum at theTerms of subscription. 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 installmentsDelinquent stockholders. 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 purchase 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 anytime 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*Provisos*. bonds shall not exceed the actual cost of constructing and equippingMaximum stock and bond issue. the road, including the bridge; *and provided, also*, that the total amount of bonds issued shall not exceed double the amount of theLimit of bond issue. paid up stock; and every certificate of stock issued shall show the*Post*, 1114. amount paid on same, to be secured by mortgage or deed of trust upon the property of the company.
Sec. 5. That said company shall place first-class cars on its saidCharacter of cars. 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, and according to a schedule to beTime schedule. made from time to time by said company and approved by the Commissioners of the District of Columbia, but no steam cars, locomotivesSteam cars, etc., in District, prohibited. or passenger or other cars for steam railways shall ever be run on the tracks of said railway in the District of Columbia.
Said company may buy land on which to construct passenger-rooms, ticket-offices,Purchase of land for buildings. workshops, depots, and buildings as may be necessary, and as the business of said railway and the convenience of the public may require, at such points along its line as may be approved by the Commissioners of the District of Columbia, as to so much of its railway as lies within the said District, and the Secretary of War as to the remainder of said railway. No person shall be prohibited fromEjectment, etc., of passengers. riding on the cars of said company or ejected therefrom by the company’s employees for any other cause than being drunk, disorderly, or contagiously diseased, or for the use of profane or indecent language, or for refusing to pay the legal fare exacted, or to comply with the lawful general regulations of said company.
Sec. 6. That within thirty days after the approval of this act theOpening of subscription books. 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 792 of subscription to the capital stock of said company to be opened, and kept open, in some convenient and accessible place in the district of Columbia from nine o’clock in the forenoon until 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), the said corporators shall give notice, by advertisement in two or more of the daily papers published in the city of Washington, district of Columbia, of the time, manner, and the place where said books shall be opened, and subscribers upon said books to the capital stock of said company shall be held to be stockholders therein: *Provisos*.*Provided, however*, That every subscriber shall pay at the time of Payments.subscription ten per centum of the amount by him subscribed to the treasurer appointed by the corporators aforesaid, or his subscription shall be null and void: *And provided further*, That nothing shall be received in payment of the ten per centum aforesaid except lawful money of the United States or certified checks of any established national bank.
And when the books of subscription to the capital stock of said company shall be closed the corporators aforesaid, or a majority of them, and in case any of them refuse or neglect to act, a majority of the remainder, shall, within twenty days thereafter, call First meeting of stockholders.the first meeting of the stockholders of said company to meet ten days thereafter 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 Voting.the treasurer aforesaid; and in any meeting of stockholders each share shall entitle the holder to one vote, which maybe given either in person or by proxy.
Sec. 7. That the government and direction of the affairs of saidBoard of Directors. 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 office for one year, and until their successors are duly elected and qualified, and the said directors (a majority of whom Officers.shall be a quorum) shall elect one of their number to be president of said company, and shall also elect a vice-president, secretary, 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 Filling vacancies.faithful discharge of his trust.
In case of 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, or in such other manner as the by-laws of said company may By-laws, etc.prescribe. The directors of said company shall have power to make, prescribe, amend, and alter such by-law’s, 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 always bePrincipal office. situated in 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 Annual meeting, etc.office, and there shall be an annual meeting of the stockholders for choice of directors to be held at such time, under such conditions, 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, Annual report to stockholders and Commissioners.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 transfer thirty days before the annual election as respects said election, and for the purpose of paying dividends at such lawful and reasonable times 793 before the payment thereof as the by-laws of said company may prescribe. Sec. 9. That said company shall commence the construction of itsCommencement and completion of railway. said railway within twelve months from the approval of this act, and said railway shall be built its entire distance, with switches and turnouts, and with cars running thereon for the accommodation of passengers within three years from the date of such approval; otherwise this act shall be null and void.
Sec. 10. That the tracks of said company on the bridge and theUse by other companies of bridge tracks, etc. 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 corporation legally authorized thereto, upon making just compensation for such use, and in case any dispute shallTerms. arise concerning such compensation or manner of use any party in interest may apply to the Supreme Court of the District of Columbia,Litigation. which court is hereby empowered to fix the amount to be paid for such use and the mode in which such use may be enjoyed.
Sec. 11. That if the corporation cannot agree with the owner forConstruction material, etc. the purchase, use, or occupation of land, gravel, earth, timber, or other material required for the construction, enlargement, or repairAcquisition of land, etc. of any of its works, or if the owner be a married woman, infant, non compos mentis, or out of the District, the said corporation may apply to the-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 condemnation of such land or property for the use aforesaid.
Sec. 12. That for the purpose of ascertaining the value of anyCondemnation proceedings. land or property so condemned the said court may direct the marshal and the marshal shall accordingly summon eighteen disinterestedJury. men, not related to either party; and if any of them refuse to attend he may then summon or call others immediately to make up the number of eighteen. Each party shall have the right, in person or by attorney or agent, if present at the time, to strike off three, and the marshal shall strike off such as shall not be so stricken off by the parties, until the number shall be reduced to twelve, who shall be a jury.
Sec. 13. That the marshal shall then administer an oath or affirmationOath, etc. 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 re construction of the said railroad or work, the damage which the owner will sustain, if any, by the taking of the land for such use. The jury shall accordingly inquire of such value and damage, andInquisition and report. 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 circuitReturn. court of the District of Columbia. Sec. 14. That such inquisition and report shall be confirmed byConfirmation to be recorded. such court unless good cause be shown to the contrary, and when confirmed shall be recorded by the clerk of said court; but for cause the court may set it aside and order another inquisition, or more thanMay be set aside and new inquisition ordered. one from time to time, to be conducted in like manner as the first and with like effect, until an inquisition and report shall be confirmed by the court.
Upon such confirmation of the first or any subsequent inquisition and report and upon payment or tender of the amount fixed in the inquisition to be paid by the corporation, eitherPayment, etc. to the owner or in court, as the court shall order, the said corporation shall be entitled to the property according to the nature of such condemnation and appropriation for the uses mentioned in this act. Sec. 15. That said railway shall be constructed in such a mannerProtection, etc., of water pipes, etc. as not to injure or endanger any of the pipes, fixtures, or apparatus 794FIFTY-FIRST CONGRESS.
Sess. II. Chs. 382, 383. 1891. of the water works supplying the District of Columbia, or any part thereof, and the operations of said company shall always be subject to the control 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 whenever 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 construction 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 pines, fixtures or apparatus that may be laid or applied, to raise or otherwise fix or adjust any avenue, street, road, alley or public place containing or to contain 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 Necessary changes in street grade’s, etc., to be made by order of Secretary or War, at expense of company, etc.contiguous to the line of said railway, such changes in grade and otherwise, or works, as shall be deemed necessary 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 condition, safe for all such pipes and apparatus, and in a manner 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 Other changes not lawful.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 anyAmendment, etc. and all times to alter, amend, or repeal this act. Approved, February 28, 1891.