Chapter 143. to amend the charter of the Eckington and Soldiers’ Home Railroad Company
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CHAP. 143.— An Act to amend the charter of the Eckington and Soldiers’ Home Railroad Company.July 5, 1892. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Eckington and Soldiers’ Home Railroad Company, D. C. Extension of tracks authorized. Vol. 25, p. 190; Vol. 26, p. 77. That the charter of the Eckington and Soldiers’ Home Railway Company be, and the same is hereby, amended so as to 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 Jersey 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, 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 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 southwesterly on Louisiana avenue to a point to be located by the Commissioners of the District of Columbia, east of Seventh street northwest, and returning by the same route to the said point of beginning; also beginning at the intersection 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 northeast 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 point of beginning: *Provided*, That until C and D streets shall be paved and provided with*Provisos*. *Post*, p. 444. sewers to Fifteenth street the company shall not be required to construct its road beyond Twelfth street; also beginning at the present terminus of the Eckington and Soldiers’ Home road on Fourth street extended, thence along and wholly outside of the present Bunker Hill road, onBunker Hill road. land to be acquired by said company by gift or purchase and made a part of said road, to a point to be located by the Commissioners of the District of 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 tracks of said company onRemoval of tracks from Lincoln Avenue.
Lincoln avenue shall be taken 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 said line for tractionPower. 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 cityWires to be underground. of Washington the same shall be placed underground.
Wherever the foregoing route or routes may coincide with the dulyCoinciding tracks. 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 may be agreed upon by said companies; and in the event said companies shall fail to agreeTerms of use. 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 terminus of its main line or any of its branches: *Provided*, That the construction of saidApproval of Secretary of War for work on streets having water mains, etc. railroad on any street where there are or may be any mains, fixtures, or 66 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 Protection of water pipes, etc.main, fixture, or apparatus.
The said railroad shall be subject to the requirements of section fifteen of the act of Congress approved February Vol. 26, p. 793.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 Deposit to defray expenses.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 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 Disbursements.times as the Secretary of War may consider necessary: *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 Return of balance.street shall be returned to said company on the order of the Secretary of War, with an account of their disbursement in detail: *And provided also*, That disbursements of said deposits shall, except in case of emergency, be made only on the order of the Secretary of War.
The exercise Rights to terminate on neglect, etc.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, requirements, and regulations aforesaid. Sec. 2. That said company is authorized to increase its capital stockIncrease of capital stock. three hundred thousand dollars for the purpose of enabling it to extend and equip its line as provided in 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 be issued by said company without special authority of Congress.
Sec. 3. That unless said extensions are commenced within threeCommencement and completion. months and the cars run thereon within one year from the passage of *Post*, p. 445.this act, except as otherwise expressly provided for, the authority *Proviso*.hereby granted shall be void: *Provided*, That said railroad shall be Grades, etc.constructed on such grade and in such manner as shall be approved by the Commissioners of the District of Columbia. Sec. 4. That Congress reserves the right to alter, amend, or repealAmendment, etc. this act.
Approved, July 5, 1892.