Chapter 168. To incorporate the Capital Railway Company
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CHAP. 168.— An Act To incorporate the Capital Railway Company.March 2, 1895. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Capital Railway Company incorporated.Incorporators. That John B. Stetson, Augustus Burgdorf, Clarence F. Norment, Arthur E. Randle, Harry Upson Sims, Henry C. Longnecker, W. Frederick Snyder, Joseph B. Lewis, and William Henry Randle, 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 722 corporation is hereby authorized to construct and lay down a streetMay construct street railway. railway, with the necessary switches, turnouts, and other mechanical devices in the District of Columbia, and ran ears thereon for carrying Route.passengers, parcels, milk, and truck by and along the following route: Beginning at a point on the District line near the Potomac River, southeast 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 Congress, and the Capital Railway Company shall comply with such modifications or extensions. Sec. 2. That whenever the roadway of any street occupied by theWidening roads. 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 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 fora distance of two feet from and exterior to such track or tracks on each side thereof, is Vol. 18, p. 119.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. 3. That when the route described coincides with that of aCounty roads. country road of less width than sixty-six feet the railway shall be constructed entirely outside the road. Sec. 4. That the said railway shall be constructed in a substantialConstruction. 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 spaceCondition of roadway. between its tracks and rails and two feet exterior 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 described.
Should 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 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, theTo maintain light if overhead wire power. 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 District ofAltering grades, etc. 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 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. 8.
That it shall be lawful for said railway company, its successorsConstruction. or assigns, having first obtained the permission of the District Commissioners therefor, to make all needful and convenient trenches 723 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 street to like good condition as it was before.
But. whenever such trenches or excavations shall interfere with any sewer, gas, or crater 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 byChanges of pipes, etc. the said railroad company. Sec. 9. That the said company shall, before commencing work onDeposit to defray inspection, etc., expenses. 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 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 consider necessary: *Provided*,*Provisos*.Disbursement.
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 tire order of the SecretaryReturn of balance.Orders. 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 successorsEngine houses, etc. 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 be commencedCommencement and completion. within one year and completed within three 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 propelledMotive power. 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*Provisos*.Damages if trolley used. trolley be used, that the said company shall be liable for all damages made thereby to subsurface metal pipes, and to other public and private property: *Provided further*, That for the purpose of making a continuousCrossings. connection over the route hereinbefore 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 construct ferry slips and to operate and maintain a steam transfer ferryFerry. from a point at or near the foot of South Capitol street to the opposite shore of the Anacostia River, for the purpose of transferring its passengers, and so forth, or cars, subject to the approval of the commissioners of the District of Columbia: *Provided further*, That wheneverUse of coinciding tracks. 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 724 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 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 solo use and enjoy the track of such other street railway company, and the amount and No general stopping places on coinciding tracks.manner of compensation to be paid therefor: *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 Existing stations.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 corporation shall construct and Repairs, etc.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 in said District having competent jurisdiction.
Sec. 13. That the said company shall furnish and maintain passengerFirst-class equipment to be used. 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 convenience, 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 Penalty.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 mayRegulation of speed. 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 regulation said company shall be liable to the District of Columbia for a penalty not exceeding live hundred dollars. Sec. 15. That within thirty days after the passage of this Act theMeeting to receive subscriptions. 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 subscriptions to the capital stock of the *Provisos*.Ten per cent must be paid.Company: *Provided*, That every subscriber 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 Lawful money, etc., required.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 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 thereafter, call the first meeting of the stockholders of said company to meet First meeting of stockholders.Notice.within ten days thereafter for the choice of directors, of which public notice shall be given for five days in two daily 725 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 of affairs of the Board 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 shallOfficers. 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 with surety to said company, in such sums as the said directors may require, for the faithful discharge of his trust.
In the ease of a vacancy in theVacancies. 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 prescribeBy-laws, etc. 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. 18. 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 in the District of Columbia, 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. 19. That said company is hereby authorized to issue its capitalIssuing capital stock. 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 right of way, construction, and equipment of said road.
Said Company shall require the subscribers to the capital stock to pay in cash toSubscribers. the treasurer appointed by the corporators the amounts severally subscribed by them, as follows, namely: Ten per centum at the time ofPayments. 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 required by the resolution of the board of directors, after seasonable notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shareSale of stock in default. of bis 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 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: *Provided*, That no certificates of stock shall be issued until the same*Proviso*.Certificates. has been paid for in money at its face value.
Sec. 20. 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. 21. That said company shall, on or before the first of FebruaryAnnual report. of each year, make a report to Congress, through the Commissioners 726 of the District of Columbia, of the names of all the stockholders thereinContents. 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, 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 specified, or within ten days thereafter, such failure shall of itself operate as a forfeiture of this charter, and it shall he the duty of the Commissioners to cause to be instituted proper judicial Tax.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, 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 Sale for nonpayment of taxes. 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 exclusively in the operation and management *Proviso*.Tracks not realty.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 not exceedingFare. five cents per passenger; and the said company may make arrangements with all existing railway companies in the District of Columbia Exchanges.*Proviso*.Tickets.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 andPenalty for obstructing cars,etc. 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 impede the passage of ears 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 live 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, tor 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. 24. That the Capital Railway Company shall have the rightCrossings. 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 *Proviso*.Not to hinder travel.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 travel onEjection, etc., of passengers. 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 lawwful general regulations of the company.
Sec. 26. That in the event the company should not be able to comeCondemnation of right of way. 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 Columbia, under such rules and 727 regulations as said court may proscribe for such purposes: *Provided*,*Proviso*.Jury.
That any property owner shall have t he right of trial by jury in such issue. Sec. 27. That should the Capital Railway Company fail to commenceRights, etc., forfeited on failure to build. or complete the construction of its road within the limit of time prescribed by this Act, all rights, franchises, and privileges herein granted shall cease and determine. Sec. 28. That all plans of location and construction of tracks andCommissioners to approve plans, etc. other structures in public places pertaining to said railway shall be subject to the approval of the Commissioners 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 theDeposit for inspection, etc. 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 railway. Any unexpended balance remaining after construction 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 obligationsAssigns to comply with conditions. 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, orAmendment, etc. repealed by the Congress of the United States. Approved, March 2, 1895.