Chapter 190. Authorizing certain extensions to be made of the lines of the Anacostia and Potomac River Railroad Company, the Washington Railway and Electric Company, the City and Suburban Railway of Washington, and the Capital Traction Company, in the District of Columbia, and for other purposes
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CHAP. 190.— An Act Authorizing certain extensions to be made of the lines of the Anacostia and Potomac River Railroad Company, the Washington Railway and Electric Company, the City and Suburban Railway of Washington, and the Capital Traction Company, in the District of Columbia, and for other purposes. May 23, 1908.[[S. 902.]](/us/bill/70/s/902)[[Public, No. 134.]](/us/pl/70/134) *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the.
Anacostia andDistrict of Columbia.Extension of tramway tracks to Union Station, etc.Anacostia and Potomac River Railroad Company.Description of double-track extension of. Potomac River Railroad Company be, and it is hereby, authorized and directed to construct a double-track connection with its tracks on E street south, thence northwardiv along First street cast to East Capitol street, there to connect with the tracks of the Washington Railway and Electric Company; also a double-track extension from Delaware avenue and C street northeastwardly along Delaware avenue to the plaza in front of the Union Station, together with a double-track loop located as near as may be to the exterior circumference of said plaza and passing in front of and near to the Union Station; also a double-track connection with existing tracks on G street near New 247 Jersey avenue northwest and thence eastwardly to and along Massachusetts avenue, with such northerly deviations as may be necessary to bring the tracks immediately in front of and adjacent to the main entrance of the Union Station, to junctions with an existing track at Third and D streets northeast and at the northwest corner of Stanton square.
Sec. 2. That the City and Suburban Railway of Washington be,City and Suburban Railway.Description of route of extension. and it is hereby, authorized and directed to extend its double tracks on North Capitol street southwardly from the intersection of G street to Massachusetts avenue, there to connect with the tracks hereinbefore authorized on Massachusetts avenue. Sec. 3. That the Capital Traction Company of the District of ColumbiaCapital Traction Company.Description of double-track extension of. be, and it is hereby, authorized and directed to construct and extend, by double tracks, the lines of its underground electric railroad from Florida avenue and Seventh street northwest southeastwardly along Florida avenue to its intersection with Eighth street east, thence southwardly along Eighth street to Pennsylvania avenue, there to connect with existing tracks of the Capital Traction Company; also a double-track extension from the tracks hereinbefore authorized on Florida avenue southeastwardly along New Jersey avenue to its intersection with Massachusetts avenue and First street west, thence along said Massachusetts avenue southeastwardly to the said plaza, and with such northerly deviations as may be necessary to bring the tracks immediately in front of and adjacent to the main entrance of the Union Station, thence by such route as may be determined by the Commissioners of the District of Columbia to the corner of Second and F streets northeast, thence east on F street north to Eighth street east to connect with the tracks of the Capital Traction Company hereinbefore authorized; also a double-track extension of its lines from Seventh and T streets northwest eastwardly along T street to Florida avenue to connect with the tracks of the Capital Traction Company hereinbefore authorized; also a double-track extension of its lines from C street and Delaware avenue northeast along Delaware avenue to the plaza in front of the Union Station, together with a doubletrack loop passing in front of the Station on said plaza; also a doubletrack connection from First and B streets southeast northwardly along First street east to B street north.
Sec. 4. That the companies hereinbefore named be, and they areConstruction of duct lines. hereby, permitted to lay duct lines on such streets as may be necessary for the proper operation of their lines, the location of such duct lines to be approved by the Commissioners of the District of Columbia, and the cost thereof and all the other costs and expenses of construction,All costs to be paid by street railway companies. removal of tracks, repairs, and restoration in this Act mentioned shall be borne and paid solely by said street railway companies, and they shall be solely liable for all damages to persons and propertyDamages. occasioned by any construction or work authorized by this Act.
Sec. 5. That the said street railway companies mentioned in thisRemoval of tracks from certain streets.Time limit. Act be, and they are hereby, authorized and required, within eighteen months from the date of the passage of this Act, and it shall be the duty of each of them, to remove their respective railway tracks and appurtenances from the following streets, and at the time of theirRepair of streets, etc., required. removal to repair, restore, and make good in all respects the space now occupied by said railway tracks and appurtenances to the satisfaction and written approval of the Commissioners of the District ofStreets affected.
Columbia, namely: G street northwest, from North Capitol street to New Jersey avenue; C street north, from First street east to Fourth street east; D street north, from First street east to Massachusetts avenue; First.street west, from C street north to G street north; Sixth street west, from Louisiana avenue to B street north, and Louisiana 248 avenue, from Fifth street west to Sixth street west; and upon neglectFailure to remove, repave, etc., a misdemeanor. or refusal of said companies to remove their respective tracks and to repave, repair, restore, and make good said space to the satisfaction of the said Commissioners within the time above limited, any said street railway company so neglecting or refusing, shall be deemed guilty of a misdemeanor and shall be subject to the penalty providedPenalty.Vol. 31, p. 1302. in section seven hundred and ten of the Code of Laws for the District of Columbia regarding the removal of abandoned tracks, and saidCommissioners may remove, etc.
Commissioners are authorized without notice.to remove said tracks and to repave the space occupied by same and charge the cost thereofCost.Vol. 20, p. 105. to such railroad company, whatever may be the manner or cost of doing said work, and to collect the cost thereof in the manner provided in section five of an Act of Congress entitled “An Act to provide a permanent form of government for the District of Columbia,” approved .June eleventh, eighteen hundred and seventv-eight.Time of completion.
Sec. 6. That the construction of the underground electric street railway lines in this Act hereinbefore mentioned shall be commenced within thirty days and completed on or before May first, nineteen hundred and nine; and in default of such commencement or completionForfeiture. within said time or within the extension of time by this section specified, all corporate rights, franchises, and privileges of any street railway company so in default shall immediately cease and determine:*Proviso.*Time may be extended.Minimum. *Provided*, That the Commissioners of the District of Columbia may, for good cause shown in writing, extend the time for completion; but the said Commissioners shall in no case grant such extension for a longer period than six months.
Sec. 7. That where the route or routes provided for in this ActJoint trackage. coincide with each other or with the route or routes of existing street railways or street railways hereafter authorized to be operated or constructed, one set of double tracks only shall be constructed and shall be used in common, upon terms mutually agreed upon, or. in case ofTerms.Disagreements a d-justed by the supreme court of the District. disagreement, upon terms determined by the supreme court of the District of Columbia, which is authorized and directed to give notice and hearings to the interested parties and to fix and finally determine the terms of the joint trackage: *Provided*, That there shall be two*Proviso.*Trackage at Union Station. sets of double tracks immediately in front of the main entrance to the Union Station, facing Massachusetts avenue, the most northerly rail being not less than seventy feet from the axis of the south portico of said station.
Sec. 8. That authority is hereby given the Commissioners of theReservation No. 77, Use of, for roadways, etc. District of Columbia to use such portions of reservation numbered seventy-seven as may in their judgment be necessary for sidewalks and roadways and for street railway use. And authority is hereby given said Commissioners to acquire by purchase or to condemn, inSquare No. 626.Purchase, etc., of, for street purposes. accordance with existing law. for street purposes, so much of square numbered six hundred and twenty-six, lying north of the north building line of square numbered five hundred and sixty-seven, extended,Cost paid by Anacostin and Potomac Rivet Railroad Company. as they may deem necessary, and the cost of acquiring said property as above shall be paid by the Anacostia and Potomac River Railroad Company: *Provided*, That where a portion of any lot is authorized to*Proviso.*Acquisition of lots. be acquired as above the said Commissioners may. in their discretion, acquire the entire lot; the portion thereof, when so acquired, lyingPortion of. to become property of Anacostia and Potomac Railroad Company. south of the north building line of square numbered five hundred and sixty-seven, extended, to become the property of said Anacostia and Potomac River Railroad Company as soon as the entire cost of acquisition as above specified shall be paid by it.
Sec. 9. That whenever, in the construction of the new tracks hereinWidening of streets authorized. authorized, the Commissioners of the District of Columbia deem it necessary, in order to reasonably accommodate vehicular traffic, to 249 widen the roadway of any street or streets in which said track or tracks are to be laid, such widening shall be done by said Commissioners,Costs, etc., to be paid by railroad company. the cost and expense of such widening, including the laying of new sidewalks, the adjustment of all underground construction, and of every public appurtenance, shall be borne by the railway company constructing such tracks, and the said railway company shall depositDeposit. with the collector of taxes of the District of Columbia in advance the estimated cost of changing or widening the said street or streets, the work to be done by said Commissioners; and whenever, at any futureFuture improvements. time, the Commissioners deem it necessary to widen the roadway of any street or streets occupied by the extensions herein authorized,Railway affected to bear half expense. said railway company shall bear one-half the cost of widening and improving such street or streets, to be collected in the same manner as the cost of laving or repairing pavement lying between the exterior rails of the tracks of said street railroad and for a distance of two feet exterior to such track or tracks is collectible, under the provisions ofCollection of cost.Vol. 20, p. 105. section five of an Act entitled “An Act to provide a permanent form of government for the District of Columbia,” approved June eleventh, eighteen hundred and seventy-eight.
Sec. 10. That whenever in the construction of any of the tracksAdjustment of grades. herein authorized it is necessary, in the opinion of the Commissioners of the District of Columbia, to improve, by paving or otherwise, the roadway of any street occupied by such track or tracks, said company shall adjust the grade of its tracks to the new grade of the street or streets, the cost thereof to be borne by the said company in the sameCost. manner as the cost of paving bet ween the exterior of the tracks of the street railroad companies as referred to in the preceding section.
Sec. 11. That the arrangement of all tracks herein authorizedUnion Station plaza.Trackage plans, etc., on, to be approved by Commb-siouers. within the lines of the plaza in front of the Union Station shall be in accordance with the plans approved by the Commissioners of the District of Columbia, and all work of construction and extension herein authorized shall be executed in accordance with plans to be approved by the Commissioners of the District of Columbia and under a permit or permits from said Commissioners.
Sec. 12. That existing transfer arrangements between the WashingtonMetropolitan Coach Company.Transfers with Washington Railway and Elec trie Company to continue.Substitution of motor vehicles required. Railway and Electric Company and the Metropolitan Coach Company, a corporation of the District of Columbia, shall not be terminated, except by authority of Congress; and unless said Metropolitan Coach Company shall, within one year after the passage of this Act. substitute motor vehicles to be approved by the Commissioners of the District of Columbia, for the herdies now used by it, its right to operate its line shall cease and determine: *Provided further*, That*Proviso.*Transfers. all transfers issued by the Metropolitan Coach Company shall be properly dated and punched as to time limit as provided by rulesand regulations to be made, altered, and amended from time to time by the Interstate Commerce Commission, and that unless said transfers are so dated and punched the Washington Railway and Electric Company shall not be required to receive them.
Sec. 13. That the Anacostia and Potomac River Railroad CompanyTemporary overhead trolley.Union Station to Delaware avenue. and the Capital Traction Company be, and they are hereby, authorized and required, jointly, to construct, maintain, and operate, by overhead trolley, temporary railway tracks for passenger service from the Union Station to the intersection of Delaware avenue and C street north, said tracks to be constructed within sixty days from the dateTime of construction.Plans approved by Commissioners. of the approval of this Act, in accordance with plans approved by the Commissioners of the District of Columbia, said tracks to be maintained by said companies to the satisfaction of said Commissioners, and to be removed by said companies after the construction of theRemoval of tracks. permanent street railway tracks herein provided for within thirty days 250 after notice from said Commissioners so to do: *Provided*, That the*Proviso.*Permanent, etc..underground construction may be substituted. companies herein named may, at their option, substitute permanent underground for temporary overhead construction on Delaware avenue from C street to the southern edge of the plaza, and thence by temporary underground construction to the north line of Massachusetts avenue; such temporary construction to be removed within thirtyRemoval of temporary construction. days from the date of operation of cars over the permanent construction provided for in section one of this Act.
Sec. 14. That the railway companies affected by this Act shall have,Rights, etc., of railway companies not affected. over and respecting the routes herein piovided for, the same rights, powers, and privileges as they respectively have or hereafter may have by law over and respecting their other routes, and shall be subject in respect thereto to all the other provisions of their charters and of law. Sec. 15. That no transfer ticket or written or printed instrumentTransfer tickets.Improper use of, forbidden. giving or purporting to give the right of transfer to any person or persons from a public conveyance operated upon one line or route of a street railroad, or from one car to another car upon the line of any street railroad, shall be issued, sold, or given except to a passenger lawfully entitled thereto.
Any person who shall issue, sell, or givePenalty. away such a transfer ticket or instrument as aforesaid to a person or persons not lawfully entitled thereto, and any person or persons not lawfully entitled thereto who shall receive and use or offer for passage any such transfer ticket or instrument to another with intent to have such transfer ticket used or offered for passage shall be punished by a fine not exceeding twenty-five dollars. Sec. 16. That every street railroad company or corporation owning,First-class car service, etc., required. controlling, leasing or operating one or more street railroads within the District of Columbia shall on each and all of its railroads supply and operate a sufficient number of cars, clean, sanitary, in good repair, with proper and safe power, equipment, appliances and service, comfortable and convenient, and so operate the same as to give expeditiousMaximum speed in city.In suburbs.Interst ate Commerce Commission to enforce regulations. passage, not to exceed fifteen miles per hour within the city limits or twenty miles per hour in the suburbs, to all persons desirous of the use of said cars, without crowding said ears. the Interstate Commerce Commission is hereby given power to require and compel obedience to all of the provisions of this section, and to make, alter, amend and enforce all needful rules and regulations to secure said obedience; and said Commission is given power to make all such orders and regulations necessary to the exercise of the powers herein granted to it as may be reasonable and proper; and such railroad companies or corporations, their officers and employees, are hereby required to obey all the provisions of this section, and such regulations and orders as may be made by said Commission.
Any such company or corporation,Penalty for violation. or its officers or employees, violating any provision of this section. or any of the said orders or regulations made by said Commission, or permitting such violation, shall he punished by a fine of not more than one thousand dollars. And each day of failure or neglect on the part of such company or corporat ion, its officers or employees, to obey each and all of the provisions and requirements of this section, or the orders and regulations of the Commission made thereunder, shall be regarded as a separate offense.
Sec. 17. That prosecutions for violations of any of the provisionsProsecutions. of this Act shall be on information of the Interstate Commerce Commission tiled in the police court by or on behalf of the Commission. Sec. 18. That Congress reserves the right to alter, amend, or repealAmendment. this Act. Approved, May 23, 1908.