Chapter 1412. To authorize the Anacostia, Surrattsville and Brandywine Electric Railway Company to extend its street railway in the District of Columbia
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CHAP. 1412.— An Act To authorize the Anacostia, Surrattsville and Brandywine Electric Railway Company to extend its street railway in the District of Columbia. March 3, 1905.[[S. 3343](/us/bill/58/s/3343).][[Public, No. 145](/us/pl/58/145).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Anacostia, Surrattsville District of Columbia. Anacostia, Surrattsville and Brandywine Electric Railway Company may extend line in.and Brandywine Electric Railway Company, a body incorporated under the laws of the State of Maryland, be, and it is hereby, authorized to extend its line of street railway within the District of Columbia, with single or double tracks, equip and operate the same for the carrying 981of passengers, parcels, milk, garden truck, and other small freight, with the necessary switches, turn-outs, buildings, and necessary mechanical devices, along the fo1owipngnamed route:
Beginning where Description of route.the Walker road intersects the line dividing the District of Columbia and Prince George County, State of Maryland, designated on the map of the District of Columbia; thence along said Walker road north-westerly to Goodhope, District of Columbia; thence westerly along Goodhope road as designated on the map of the District of Columbia to its intersection with Harrison street, Anacostia, District of Columbia; thence westerly along Harrison street to its intersection with Monroe street, Anacostia, District of Columbia, to a junction with the street railway of the Anacostia and Potomac River Railroad Company: *Provided,* That the said company shall acquire hereby no right *Proviso.* Right of way.to extend its said railway over, along, or upon any portion of the aforementioned route which is not now a dedicated road or street of the said District until it shall have obtained the written consent of the owners of the real property covered thereby, or acquire said rigid of way by condemnation: *Provided,* That when the route described coincides County roads.with that of a county road of less width than sixty feet the railway shall be constructed entirely outside the road: *And provided further,* That whenever said road shall be widened the Commissioners Location of tracks.of the District of Columbia are authorized to require that tile tracks of said railway company shall be located in the center of the road as widened: *Provided,* That if at any time in the future any part of the Dedication to the public.right of way of the company shall be included within the lines of public highways, such part of the said right of way shall be dedicated to the public without expense to the District of Columbia.
Sec. 2. That the Anacostia, Surrattsville and Brandywine Electric Use of tracks, etc., with Anacostia and Potomac River Railroad.Railway Company and the Anacostia and Potomac River Railroad Company shall have the power to make any contracts that they may deem necessary to enable the said companies to run passenger cars of each over the tracks of the other company, and also to contract for and use the power of each or either company to propel the cars of the other company. That in case of failure to reach an agreement upon Failure to agree.terms mutually agreeable to each of said companies, then the supreme court of the District, of Columbia is hereby authorized and directed to give hearings to the interested parties and fix the terms of joint trackage.
Payments for the use of the tracks shall be made monthly, Payments.Default, etc.in advance; default in such payments shall suspend the right of the company to use the tracks until such payments are made; that die motive power shall be cable, electric, compressed air, or 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 with the earth.
Sec. 3. That all plans of location and construction shall he subjected Plans.to the approval of the Commissioners of the District of Columbia. Sec. 4. That excavations in the highways shall be made only under Highway excavations.permits from the Commissioners of the District of Columbia, and subject to regulations prescribed by them. Sec. 5. That the said railway and its appurtenances shall be constructed Construction and changes.in a substantial and datable 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. Sec. 6. That the said company shall deposit such sums as the Commissioners Cost of inspection etc.of the District of Columbia may require to cover the cost 982of inspection and the cost of changes to public works in the streets caused by the construction of said railway. Repairs to pavesment. Sec. 7. 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 road way. 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 Vol. 20, p. 105.with the remainder of the roadway. The requirements of this section shall he 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.
Cars. Sec. 8. That the cars shall be first-class Mid shall be kept in good condition, to the satisfaction of the Commissioners of the District of Columbia. Time-table. Sec. 9. That the cars shall be run as often as public convenience requires, on a time-table satisfactory to the Commissioners of the District of Columbia. Speed. Sec. 10. That the speed of the cars shall be subject to the police regulations of the District of Columbia. Ejectment of passengers. Sec. 11. That persons drunk, disorderly, contagiously diseased, or refusing to pay the legal fare may be ejected from the cars by the officers in charge thereof.
Lost articles. Sec. 12. That as far as possible articles left in the cars shall be cared for by the company, to the end that they may be returned to the rightful owner. Rate of fare. Sec. 13. That the rate of fare which may be charged for the transportation of passengers over the line of said company within the District of Columbia shall not exceed five cents per passe tiger, and six tickets shall lie sold for twenty-five cents. Buildings. Sec. 14. That the company is authorized to erect and maintain the buildings necessary to the operation of this 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. Tax on gross receipts. Sec. 15. That the said company, through its proper officers, shall annually, on or before August first, make return under oath to the, board of personal tax appraisers of the District of Columbia of the amount of its gross receipts in the District of Columbia during the preceding year ending June thirtieth, and shall pay to the collector of taxes of the District of Columbia, at the same time and in the same Real estate.manner as other personal taxes are paid, an amount equal to four per centum per annum thereon in lieu of other personal taxes; that the real estate of the said company in the District of Columbia shall be assessed and taxed as is other real estate in said District.
Right to alter grad es, etc., not affected. Sec. 16. 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 the 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, etc., rights.
Sec. 17. That said company is 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. 983 Sec. 18. That the construction of said Time of construction.extension on the lines of 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.
Sec. 19. That all the conditions, requirements, and obligations Compliance with conditions, etc.imposed by this Act shall be complied with by any of the successors to and assigns of said company within said District. Sec. 20. That within sixty days from the approval of this Act, the Deposit of guaranty.company shall deposit one thousand dollars with the collector of taxes of the District of Columbia, to guarantee the construction of this railroad within the prescribed time, and if this sum is not so deposited this Act shall be null and void.
If the sum is so deposited, and the Forfeiture.road is not in operation as herein prescribed, said one thousand dollars shall be forfeited to the District of Columbia, and this Act shall be Void. Sec. 21. That the construction, adoption of motive power, erection Construction, etc., under control of Commissioners.of buildings, regulation of schedule and speed of running shall be at all times under the supervision and control of the Com miss loners of the District of Columbia. Sec. 22.
That each and every violation of the requirements of this Penalty for violation.Act, or of the regulations of the Commissioners of the District of Columbia made under the authority thereof, shall be punishable by a tine of from twenty-five to one thousand dollars, in the discretion of the court, such tines to be collectible in any court of competent jurisdiction as other lines and penalties are collected in the District of Columbia. Sec. 23. That the Anacostia, Surrattsville and Brandywine Electric Right of way across other railways.Railway Company 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: *Provided,* That it shall not interrupt the travel *Proviso.* Interruption of travel prohibited.of such other railways in such construction.
Sec. 24. That the company shall, on or before the first day of February Annual report.in each year, make a report to each the Senate and House of Representatives, as prescribed in section ten of the Act of June tenth, Vol. 29, p. 320.eighteen hundred and ninety-six, entitled “An Act to extend the routes of the Eckington and Soldiers’ Home Railway Company, and of the Belt Railway Company of the District of Columbia, and for other purposes.” Sec. 25. That Congress reserves the right to alter, amend, or repeal Amendment.this Act.
Approved, March 3, 1905.