Chapter 203. To authorize the construction of a railroad siding to the United States navy-yard, and for other purposes
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CHAP. 203.— An Act To authorize the construction of a railroad siding to the United States navy-yard, and for other purposes. May 27, 1908.[[[H. R. 20120.]](/us/bill/70/hr/20120)[[[Public, No. 144.]](/us/pl/70/144) *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Philadelphia, BaltimoreDistrict OfColumbia.Philadelphia, Baltimore, and Washington Railroad Company may construct siding to navy-yard.Route. and Washington Railroad Company be, and it is hereby, authorized and directed to construct a single branch track or siding from its present main line, at some point, to be approved by the Commissioners of the District of Columbia, between the bridge over the Anacostia River at Pennsylvania avenue southeast, and one thousand feet westerly therefrom: thence extending by curve in a Southwest-wardly direction across square south of one thousand and eighty, to Fifteenth street, east; thence Southwestwardly across square south one thousand and sixty-seven, on a line generally parallel to the center line of Water street, at such distance between the center line of Water street and the present approved north bulkhead line of the Anaeostia River as shall be approved by the Commissioners of the District of Columbia, crossing Fifteenth street southeast, Fourteenth street southeast, Thirteenth street southeast, Twelfth street southeast, M and N streets southeast, and Virginia avenue: thence in a south-westwardly direction by curve or otherwise, as the Commissioners of the District of Columbia shall approve, crossing Twelfth street southeast, and square south of one thousand and one, to the north abutment of the Anacostia River bridge at the foot of Eleventh 398 street southeast; thence passing under the north end of the said Ana-costia River bridge, at such point as may be determined by the Commissioners of the District of Columbia; thence across Eleventh street southeast, square nine hundred and seventy-nine, Tenth street southeast, square nine hundred and fifty-five, and Ninth street southeast, in a line generally parallel to the north bulkhead line of the Anacostia River, as now approved, and between it and one hundred feet distant therefrom, as may be determined by the Commissioners of the District of Columbia, to a connection with the track system of the United States Navy-Yard.
Sec. 2. That the location of said track and the grade thereof andPlans, etc., approved by Commissioners. the plans of construction outside of the United States Navy-Yard, shall be approved by the Commissioners of the District of Columbia, and the said Commissioners are also authorized and empowered to make, from time to time, all needful regulations for the movement ofRegulations. trains, cars, and locomotives over the same: *Provided*, That the Commissioners*Proviso.*Location on public grounds, etc. of the District of Columbia shall, as far as consistent with the public interests, cause said railroad track to be located on public grounds and streets.
The Philadelphia, Baltimore and Washington Railroad CompanyPaving. shall also pave such crossings or other portions of public space occupied by said track, and two feet exterior to the rails thereof, as the Commissioners of the District of Columbia may require, and keep theRepairs. same in repair at all times. Sec. 3. That it shall be the duty of the Commissioners of the DistrictSide-tracks, etc. of Columbia, and they are hereby authorized and empowered, upon request of the railroad company, to grant the Philadelphia, Baltimore and Washington Railroad Company, permission to lay, maintain, and use side-tracks and sidings, from the branch track herein authorized, south of said branch track between Twelfth and Fifteenth streets east, and also into squares nine hundred and fifty-five, nine hundred and seventy-nine, south of one thousand and twenty-five, and east of one thousand and twenty-five, and south of one thousand and one, and south*Proviso.*Nonobstruction of public streets. of one thousand and forty-eight: *Provided*, That such tracks or sidings shall be laid and maintained under the direction of the said Commissioners in such manner as to least interfere with the free and unobstructed use of the public streets.
Sec. 4. That the entire cost and expense of obtaining the necessaryCost to be paid by railroad. right of way, and the entire cost and expense of constructing the branch track, herein authorized, to a connection with the track system of the navy-yard, shall be paid and defrayed by the Philadelphia, Baltimoreand Washington Railroad Company, but the said Philadelphia,Riparian rights not acquired. Baltimoreand Washington RailroadCompanyshall not acquire any riparian rights by reason of the Iocationof said,track through public space or through any right of way, necessary to be acquired.
Sec. 5. That where the line as approved by said Commissioners liesOccupation of public space. within the bed of any public highway or through any public space, said company is hereby given the right to occupy such portion of said highway or public space as may be approved by said Commissioners, and where such approved line crosses private property, the said railroadRight of way over private property by purchase. company is hereby authorized to acquire a sufficient right of way not exceeding sixty-six feet in width by purchase, and in the event that such right of way can not be purchased at a price satisfactory to said railroad company, authority is hereby conferred upon said railroadBy condemnation. company to condemn the land necessary for such right of way, in the manner and by the method and processes provided by sections sixR.
S., D. C., secs. 648–663, pp.78, 79. hundred and forty-eight to six hundred and sixty-three, both inclusive, of the Revised Statutes relating to the District of Columbia, which said sections, despite any repeal thereof, are hereby reenacted in fullReenactment. force and effect, for the purposes contemplated by this Act, and are 399 especially enacted to like effectas if the same were incorporated herein at length: *Provided*, That in every case where an assessment for damages*Proviso.*Possession. or an award shall have been returned by the appraisers, the company, upon paying into court the amount so assessed or awarded, may enter upon and take possession of the land covered thereby, irrespective of whether exceptions to such assessment, or award shall be filed or not, and any subsequent proceedings shall not interfere with or affect such possession, but shall only affect the amount of compensation to be paid.
Sec. 6. That the construction of the track or siding herein providedTime of completion. for shall be begun within six months from the date of the passage of this Act, and shall be completed within two years from said date, and pending such construction, the said Philadelphia, Baltimore and Washington Railroad Company is hereby authorized to maintainUse of present tracks, etc. its present track connection with the United States Navy-Yard by means of a single track on K street and Canal street southeast, either as at present located or as the same may hereafter be relocated, in whole or in part, with the approval of the Commissioners of the District of Columbia, but at the expiration of said two years said railroadRemoval of present tracks. company shall at its own expense remove said present track connection and restore the surface of the streets over which the same is laid, to the approval of said Commissioners: *Provided*, That in case*Proviso.*Use by other roads. any other railroad company may desire to connect with the track herein authorized and required to be constructed it shall have the right so to do; such connecting road shall have the right to use the track herein authorized on terms and conditions satisfactory to the said Philadelphia, Baltimore and Washington Railroad Companv. its successors or assigns, or in case of failure to agree on terms and’ conditionsFailure to agree on terms. of joint use then on such terms and conditions as the supreme court of the District of Columbia may determine to be equitable and just.
Sec. 7. That all Actsor parts of Acts inconsistent with the provisionsRepeal. hereof be, and the same are hereby, repealed. Sec. 8. That Congress reserves the right to alter, amend, or repealAmendment. this Act. Approved, May 27, 1908.