Chapter 353.
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/statutes-at-large/vol-27/chapter-353-1408440·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 353.— An act to incorporate the Maryland and Washington Railwav Company.August 1, 1892. 341 *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Maryland and Washington Railway Company incorporated. Incorporators. That Abram P. Fardon, J. Henry Small, junior, Wright Rives, Redford W. Walker, Louis D. Wine, John O. Johnson, Charles A. Wells, Joseph A. Blandon, A. O. Bliss, Edwin A. Newman, Van 11. Manning, Wallace A.
Bartlett, Ellis Speare, Benjamin D. Stephen, D. M. Nesbit, P. A. Scaggs, Francis H Smith, W. Clarence Duvall, Filmore Beall, and their associates, successors, and assigns are hereby created 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 within the United States, and may make and have a common seal.
And said corporation is hereby authorizedMay construct railway. 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, turnouts, and other mechanical devices, through and along the following routes, to wit: Beginning at the point whereLocation.
Rhode 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*Provisos*. Approval of route. routes herein mentioned shall be subject to the approval of the Com missioners of the District of Columbia: *Provided further*, That wheneverSteam railway crossings. 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 propelled byMotive power. cable, electric, or other mechanical power, subject to the approval of the said Commissioners, but nothing in this act shall allow the use of steam power in locomotives: *Provided further*, That for the purpose of*Proviso*. Street crossings. making a continuous connection the said company shall have the light to cross all streets, avenues, and highways that may be necessary for the purpose. Sec. 3. That said company shall receive a rate of fare not exceedingFare. live 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 interchange of tickets in payment of fare on its road: *Provided*, That six*Proviso*.
Tickets. tickets shall be. sold for twenty-five cents within the District limits. Sec. 4. That said company shall, on or before the fifteenth of JanuaryAnnual report to Congress. 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 expenditures, 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 specified, or withinFailure to forfeit charter. 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 shallPayment in lieu of taxes. pay to the District of Columbia, in lieu of personal taxes upon personal property, including cars and motive power, each year, four per centum 342 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 exclusively in the operation and management of said railway.
Its real estate shall be *Proviso*. Tracks not real estate. Construction.taxed as other real estate in the District: *Provided*, That its tracks shall not be taxed as real estate. Sec. 5. That the said railway 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 District of Columbia, the width of the space between the two tracks shall not exceed four feet. Sec. 6. That the said corporation hereby created shall be bound toTo keep tracks, etc., in good repair. keep said tracks, and for the space of two feet beyond the outer rails thereof, and also the space bet ween the tracks, at all times in such good order as the Commissioners 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 District of Columbia,Altering grades. etc. 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 and 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 company 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 corporation, its successors, orExcavations. etc. 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 excavations 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 Commissioners.
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 constructions shall be borne by the said railway company. Sec. 9. That it shall also be lawful for said corporation, its successorsPower house, etc. 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 said Commissioners, 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,Speed. or assigns, to propel its cars over said railroad, or any part thereof, at a rate of speed exceeding that which may be fixed from time to Penalty for violating.time by the said Commissioners, 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. 343 Sec. 11.
That the line of said railway company, from the point ofCommencement and. completion. 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 twenty-four months from the passage of this act. Sec. 12. That the said company is hereby authorized to issue itsCapital stock. capital stock to the amount of the actual cost of 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 theSubscriptions. 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 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 subscription, and the whole amount shall be paid within two years from said date; and if any stockholder shall refuse or neglectSale of stock in default. 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 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 regulations as may be adopted in the bylaws 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 corporatorsMeeting of incorporators. 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 subscriber shall pay, at the time of*Provisos*.
Ten per cent to be paid on subscribing. 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 paymentSubscription must be in money. of the ten per centum at the-time of subscribing except lawful money, or certified cheeks 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, 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 ofFirst meeting of stockholders. 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 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 hereby incorporatedConsolidation forbidden. to consolidate with any other railroad company now in existence, or which may hereafter be chartered, and any such consolidation shall of itself operate as a forfeiture of this charter.
And it Sale before construction unlawful.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 and equipped for business. 344 Sec. 14. That the said company shall place first-class cars on saidEquipment to be first class. 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 timetable or schedule of time to be approved by the said Commissioners of the District of Columbia.
Sec. 15. That the company shall buy, lease, or construct such passengerBuildings, etc , for company's use. rooms, ticket offices, workshops, depots, lands, and buildings as they may deem necessary, at such points on its line as may be approved by the said Commissioners. Sec. 16. That all articles of value that may be inadvertently left inLost articles. 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. 17. That the government and direction of affairs of the companyBoard of directors. 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 Officers.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 treasurer, who shall give bond with surety to said company in such sum as the said directors may require Vacancies.for the faithful discharge of his trust.
In ease 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 prescribeDuties of directors. such bylaws, 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 stockholdersAnnual meeting of 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 bylaws may prescribe; 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 andPenalty for obstructing use of roadway, etc. uninterrupted use of its roadway, and if any person or persons shall willfully, mischievously, and unnecessarily 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 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 the District of Columbia, to be recovered as other fines-and penalties in said District, and shall remain liable to the 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. 21. That the said Maryland and Washington Railway CompanyCrossing other rail ways. 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; *Proviso*. Not to interrupt travel. Ejection of disorderly, etc., persons.*Provided*, That 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 ears by the company’s employees for any other cause than that of being drunk, disorderly, unclean, 345 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 this act may at any time to be altered, amended, or repealedAmendment. by the Congress of the United States. Sec. 24. That in the event that the company should not be able toCondemnation proceedings. 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 in 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*Proviso*.
Extension of Rhode Island avenue. of Rhode Island avenue herein authorized, whether acquired by condemnation or otherwise, shall be dedicated to the public use in 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.