Chapter 456. To authorize the Washington and Gettysburg Railway Company, of Maryland, to extend its line of road into and within the District of Columbia
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CHAP. 456.— An Act To authorize the Washington and Gettysburg Railway Company, of Maryland, to extend its line of road into and within the District of Columbia. March 3, 1899. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the Washington and GettysburgWashington and Gettysburg Railway Company may extend road into District of Columbia. Railway Company, a corporation duly incorporated under the laws of the State of Maryland, is hereby authorized to construct a city and suburban division of said railway in the District of Columbia, with single or double tracks, equip and operate the same for the carrying of passengers, parcels, milk, garden truck, and other small freight, with the necessary switches, turn-outs, buildings, and necessary mechanical devices, along the following-named route: route.
Beginning at the boundary line of the District of Columbia at theRoute. intersection of said boundary line with Fourteenth street northeast extended, as shown on the proposed plans of street extensions; thence by double track south on said Fourteenth street for a distance of eight hundred and fifty feet; thence in a westerly direction to Thirteenth street northeast extended, as shown on the plans of street extensions; thence south on Thirteenth street to the north line of Bunker Hill road; thence along the north side of said road, and wholly outside the limits thereof, to Twelfth street, Brookland; thence south by single track on Twelfth and Duncan streets to Rhode Island avenue; thence in a southwesterly direction on Rhode Island avenue to Tenth street; thence north on Tenth and Wallace streets to and across Bunker Hill road to the north side thereof; thence along said road and wholly outside thereof to Twelfth street, connecting with the double tracks at that point: *Provided,* That no freight cars or passenger cars shall be switched*Proviso.*Switching freight cars, etc. in the public streets of the District of Columbia, and that the Commissioners of the District of Columbia are hereby empowered to make and to enforce all proper regulations in regard to handling cars at terminal points. coinciding route.
Sec. 2. That where this route coincides with an existing street railway,Coinciding route. one set of tracks shall be used in common, upon terms mutually 1374 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 456. 1899. agreed upon, or, in case of disagreement, upon terms determined by the supreme court of the District of Columbia, which is authorized and directed to give hearing to the interested parties and to fix the terms of joint trackage. Payments for the use of the tracks shall be made monthly, in advance; default in such payments shall suspend the right of the company to use the tracks until such payment is made; that the motive power shall be cable, electric, compressed air, or other mechanical power, other than steam locomotive power; and wherever the trolley system is used, a return wire, similar in capacity, situation, and insulation to the feed wire, shall be provided for the current, and each car shall be provided with a double trolley; and no dynamo furnishing power to the road, or any portion thereof, shall have either of its poles connected to the earth. plans.
Sec. 3. Plans. That all plans of location and construction shall be subject to the approval of the Commissioners of the District of Columbia. excavations. Sec. 4. Excavations. That excavations in the highways shall be made only under permits from the Commissioners of the District of Columbia, and subject to regulations prescribed by them. construction. Sec. 5. Construction. That the said railway and its appurtenances shall be constructed in a substantial and durable manner, subject to inspection by the Commissioners of the District of Columbia.
All changes to existing structures in public space shall be made at the expense of the company. deposits. Sec. 6. Deposits. That the said company shall deposit such sums as the Commissioners of the District of Columbia may require, to cover the cost of District inspection and the cost of changes to public works in the streets. care of roadway. Sec. 7. Care of roadway. That the company shall keep the space between its rails and tracks and two feet exterior thereto in good condition, to the satisfaction of the Commissioners of the District of Columbia.
The pavement of these spaces shall be at least as good as that of the contiguous roadway. The proper authorities shall have the right to make changes of grade and other improvements which they may deem necessary; and when any highway occupied by the company is improved, the company shall bear the entire expense of improving said spaces to correspond with the remainder of the roadway. The requirements of this section shall be enforceable under the provisions of section five of the Act providing a permanent form of government for the District of Columbia, approved June eleventh, eighteen hundred and seventy-eight. guarantee deposit.
Sec. 8. Guarantee deposit. That within sixty days from the approval of this Act the company shall deposit one thousand dollars with the collector of taxes of the District of Columbia, to guarantee the construction of its railway within the prescribed time. If this sum is not so deposited this charter shall be void. If the sum is so deposited and the road is not in operation as herein prescribed, said one thousand dollars shall be forfeited to the District of Columbia and this charter shall be void. cars.
Sec. 9. Cars. That the cars shall be first-class and shall be kept in good condition, to the satisfaction of the Commissioners of the District of Columbia. FIFTY-FIFTH CONGRESS. Sess. III. Ch. 456. 1899. 1375 time-table. Sec. 10. That the cars shall be run as often as the public convenienceTime-table. requires, on a time-table satisfactory to the Commissioners of the District of Columbia and approved by them. speed. Sec. 11. That the speed of cars shall be subject to the police regulationsSpeed. of the District of Columbia. ejectment from cars.
Sec. 12. That persons drunk, disorderly, contagiously diseased, orEjectment from cars. refusing to pay the legal fare may be ejected from the cars by the officers in charge thereof. articles left in cars. Sec. 13. That as far as possible articles left in cars shall be cared forArticles left in cars. by the company, to the end that they may be returned to the rightful owner. fare. Sec. 14. That the rate of fare which may be charged for the transportationFare. of passengers over the lines of said company within the District of Columbia shall not exceed five cents per passenger, and six tickets shall be sold for twenty-five cents: *Provided, however,* That the*Proviso.*Transfers. said Washington and Gettysburg Railway Company, the Maryland and Washington Railway Company, and the Eckington and Soldiers’ Home Railway Company are hereby required to issue free transfers, so that for the payment of one fare a passenger on any one of the roads shall have the privilege of a continuous ride over the lines of the other two or either of them. buildings.
Sec. 15. That the company is authorized to erect and maintain theBuildings. buildings necessary to the operation of its road, subject to the building regulations of the District of Columbia. The company shall erect and maintain passenger rooms and transfer stations as required by the Commissioners of the District of Columbia. All passenger rooms and transfer stations shall be provided with such conveniences for the public as said Commissioners may direct. land. Sec. 16. That the company is authorized to acquire, by purchase orLand. condemnation, the necessary land for its authorized right of way and to issue its bonds or other evidences of debt, secured by mortgage or deed of trust on its properties and franchises: *Provided,* That the total*Provisos.*Limit of bond issue. issue of said bonds shall not in the aggregate exceed the amount necessary for the construction and equipment of said railroad, and before any bond or trust deed shall be executed the amount of bonds necessary to be issued shall be ascertained and fixed by the Commissioners of the District of Columbia; and for this purpose said Commissioners are hereby authorized to subpoena and examine witnesses and take such testimony as may be necessary to enable them to make such determination and fix the amount of issue: *And provided further,* That anAppeal. appeal may be taken from the decision of said Commissioners to the supreme court of the District of Columbia; and all bonds issued in excess of the amount authorized by said Commissioners or said court, or in violation of the provision of this Act, shall be null and void. 1376 FIFTY-FIFTH CONGRESS.
Sess. III. Chs. 456, 457. 1899. taxes. Sec. 17. Taxes. That said road shall annually pay a franchise tax to the tax collector of the District of Columbia of five-eighths of one per centum of the entire gross earnings of such company; that there shall be levied and collected in addition to such franchise tax, upon all the real estate of said company, a tax in the same manner and to the same extent as upon all other real estate of the District of Columbia; and in addition to said taxes shall pay an annual tax of two per centum on their entire gross earnings within the District of Columbia. changes in grades.
Sec. 18. Changes in grades. That nothing in this Act shall prevent the District of 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, highways, and the sewerage thereof; and said company shall change its railway construction and pavements so as to conform to such grades and improvements as may have been or may be established. telegraph and telephone lines. Sec. 19.
Telegraph and telephone lines. That said company is also authorized to construct and operate, for its own use only, telegraph and telephone lines along its railway, as herein provided for, subject to the approval of the Commissioners of the District of Columbia. commencement and completion. Sec. 20. Commencement and completion. That the construction of the said extension on the lines of the said railway company within the District of Columbia shall be commenced within one year of the passage of this Act and be completed and cars running thereupon for passenger traffic within two years from the passage of this Act, in default of which this Act shall be void and of no effect in so far as the said line shall not be so completed. commissioners of the district of columbia.
Sec. 21. Commissioners of the District of Columbia. That the construction, adoption of motive power, erection of buildings, regulation of schedule and speed of running, shall be at all times under the supervision and control of the Commissioners of the District of Columbia. penalties. Sec. 22. Penalties. That each and every violation of the requirements of this Act shall be punishable by a fine of from twenty-five to one thousand dollars, in the discretion of the court, such fines to be collectible in any court of competent jurisdiction as other fines and penalties are collected in the District of Columbia. amendment; repeal.
Sec. 23. Amendment; repeal. That Congress reserves the right to alter, amend, or repeal this Act. Approved, March 3, 1899.