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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in Its judgement, fulfillment of the order would involve violation of the copyright law. Author: United States. Title: Laws relating to street-railway franchises Place: Washington, D.C. Date: 1905 MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD District of Columbia. Commissioners. Laws relating to street-railway franchises in the District of Columbia, comp, in the office of the Commissioners of the district of Columbia and printed under authority of the resolution of Congress passed March 12, 1896. (Recompiled and indexed by Daniel E, Garges, secretary to the Engineer commissioner ;of the District of Columbia I^rch 4, 1905.) Washington, Govt, print, off., 1905. 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If ^1 si >4-< aB^4 s IS ODIM V />► ^ J^S'^O s a) COMPILED IN THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA AND PRINTED UNDER AUTHORITY OF THE RESOLUTION OF CONGRESS PASSED MARCH 12, 1896. (RECOMPILED AND INDEXED BY DANIEL E, GARGES, SECRETARY TO THE ENGINEER COMMISSIONER OF THE DISTRICT OF COLUMBIA. MARCH 4, 1905.) WASHINGTON: GOVERNMENT PRINTING OFHCE. 1905* ^T^A.^*-^^ V.,^s/>*J1-'*^ 3 5^0.5 J)G3 i PREFACE. A The laws relating to street-railway franchises in the District of ^ Columbia were compiled in 1896 in pursuance of a resolution of Coil- ed gress passed March 12, 1896. In the present compilation the former ^ one was used as a basis, and all acts of Congress relating to street jr railways passed since 1896 have been included in the present issue. ^ The compilation has also been indexed. The various street-railway ^ charters are arranged alphabetically by the names of the corporations — chartered. The original charter is given first and the subsequent amendments and additions follow consecutively in accordance with the dates of their approval. All the legislation, therefore, regarding any one railroad will be found in one place. The only exception is where a general law has been passed affecting various railroads. These gen- eral laws will be found at the last part of the book under the heading ''Street-railway laws of a general nature" (p. 257), but all have been indexed for easy reference. CHARTERS. All charters for street railways in the District must be granted directly by Congress. The routes a^'e laid down in these charters. URBAN LINES. Practically all the urban lines are controlled bj- two corporations, the Capital Traction Company and the Washington Railway and Electric Company. The latter corporation is a managing corporation organized under the act of (congress approved June 5, 1900. (See p. 241.) The charters of the constituent roads govern, however CONTROL BY THE COMMISSIONERS. The charters of the street-railway companies place certain duties on the Commissioners of the District of Columbia in regard to control of plans of construction, the approval of time schedules, the regulation of speed, the furnishing of passenger houses and accommodations, etc., but except in some of the later charters no penalties are provided for a violation of any regulation of the Commissioners made in pur- suance of this authority. Ill IV PREFACE. PREFACE. I PAVING ADJACENT TO TRACKS. The street-railway charters generall}^ require the companies to be responsible for the cost of paving between their tracks and on each side thereof to the extent of 2 feet from the outer rails. The organic act providing the present form of government for the District of Columbia also makes this requirement, and provides that it shall be carried into eflfect by the issuing of certificates of indebtedness against the railroad companies for failure to pay for paving this portion of the street. (See p. 257. ) SPEED AND FENDERS. Regulations in regard to speed and fenders are made by the Com- missioners of the District of Columbia under the police regulations regarding the movement of vehicles on public streets. Cars stop to receive passengers on the near side. (See p. 267.) A MODEL CHARTER. The charter of the Capital Railway Company (p. 49) is considered as a model for street railway charters. EXPIRATION OF CHARTERS. A number of charters herein compiled have expired by limitation. A number of others have been extended from time to time. DEPOSITS. The charters generally require a deposit to be made to pay for inspection of construction work. Some of them require a deposit to guarantee the construction and completion within the time period named in the charter. OVERHEAD TROLLEYS. No overhead trolleys are allowed within the limits of the city of Washington proper. (See p. 270.) They, however, are used on the suburban lines. UNDERGROUND ELECTRIC SYSTEM. All of the street railways now operated in the city of Washington operate by the underground electric system. Formerly, horsepower, cable power, and the trolley were used. FARE. All the charters require that the fare charged in the District of Columbia shall not be more than 5 cents, and require, also, that six tickets shall be sold for 25 cents. TRANSFERS. The two corporations, the Capital Traction Company and the Wash- ington Railway and P^lectricCompan}^, issue transfers on their respective lines to a passenger going in one general direction, but they do not issue transfers interchangeable on the lines of each other, except in one instance, at Fifteenth and G streets NW., where a transfer is issued between the lines of these companies upon the payment of 2 cents. COUPON TICKETS. A law requires the sale of four coupon tickets for 25 cents for con- tinuous ride on some lines from some suburban point to some point in the city of Washington. (See p. 263). TAXES. Each individual charter has a provision in regard to taxation, but b}^ an act of Congress (see p. 268) all street railroads were brought under the general rule which requires them to pay 4 per cent of their gross earnings in lieu of personal taxes, and to pay taxes on their buildings, etc., as real estate, under the provisions of law in regard to other real estate. COINCIDING ROUTES. The charters generally provide for joint trackage arrangements where the routes coincide, these arrangements to be agreed upon be- tween the respective railroad companies, and in event of a failure to reach an agreement, by a court proceeding. ELECTROLYSIS. In the later charters provision is made to guard against electrolysis by requiring, if electric power by trolley be used, a return wire similar in capacity and insulation to the feed wire to be provided, and each car to be provided with a double trolley and no pole of any dynamo furnishing power to railways to be connected with the earth. RIGHT OF WAY. Street cars have the right of way over their tracks in the public streets. In some instances the charters require that the roads shall be con- structed on a right of wa}^ to be acquired by the railway company and thereafter dedicated to the District of Columbia. D. E. G. CONCURRENT RESOLUTION To compile and publish the laws relating to street-railway franchises in the District of Columbia. Resolved by the House of Representatives {the Senate concurring), That there be printed and bound into one convenient volume, at the Government Printing Office, all the various Acts of Congress relating to street-railway franchises in the District of Columbia; and that two hundred copies of the same shall be furnished for the use of the Senate, four hundred copies for the use of the House of Representatives, and two thousand and five hundred copies for the use of and distribution by the Com- missioners of the District of Columbia. Passed, March 12, 1896. ' 16400—05 1 1 ^ LAWS RELATING TO STREET-RAILWAY FRANCHISES IN THE DISTRICT OF COLUMBIA. ANAGOSTIA AND POTOMAC EIVEB EAILEOAD COMPANY. AN ACT Giving the approval and sanction of Congress to the route Febraarj- and termini of the Anacostia and Potomac River Railroad, and to ^^^^' regulate its construction and operation. stats. 18, p. 328, 18, Be it enacted hy the Seimte and House of Representatives of the United States of America in Congress assemhled^ That the approval and sanction of Congress is hereb}^ given to the construction, operation, and maintenance of a street- railroad by the Anacostia and Potomac River Railroad Company, of Washington City, District of Columbia, a company incorpomted under the act of Congress of May fifth, eighteen hundred and seventy, which incorporation is hereby confirmed and validated, along, upon, and over the following route, in the city of Washington, District of Columbia, namely: Commencing for the eastern terminus of said road, at or near the northern end of the navy-yard bridge, in the said city, on Eleventh street east; thence upon and along said Eleventh street east to M street south; thence upon and along said M street south to Third street east; thence upon and along said Third street east to N street south; thence upon and along said N street south to Water street; thence upon and along said Water street to Twelfth street west; thence upon and along said Twelfth street west to Ohio avenue; thence upon and along said Ohio avenue to Fourteenth street west; thence along and upon said Fourteenth street west to the western terminus of said road at the intersection of Pennsylvania avenue and said Fourteenth street west; and also on M street south from Third street east to Water street, and on Eleventh street west from Water street to the intersection of Twelfth and B streets southwest; conforming to the grades of said streets and avenues as the same now are, or may hereafter be, estab- lished by law : Provided^ That said company shall construct at least a single-track road over said route, and open the same to travel within sixteen months after the approval of this act: And ^ovided further^ That whenever the foregoing route shall coincide with the route of any other duly-incor- porated railroad company, or connect portions of such route, but one set of tracks shall be used, and each company using 3 Approval of construction, etc., of street- railroad by An- acostia and Poto- mac River Rail- road Com pany ( amended )t Route (amend- ed). Time for com- pletion. One track for co- inciding routes. mL - g-j anK" I and paving. LAWS RELATING TO STREET-RAILWAY FRANCHISES. the tracks shall contribute equitably to the expense of lay- ing and maintaining them; the amount to be contributed to be ascertained, when the companies disagree, by the supreme court of the District of Columbia, upon applica- tion of any company interested, and on notice to andhear- ing of the parties interested. Layiu^of track Sec. 2. That in the manner of laying its tracks, and paving the same, this company shall be under the control of the executive authority of the District of Columbia; and it shall pave its tracks, and the spaces between them, and for the space of two feet beyond the outer line thereof, and keep the same in good order, without expense to the United States or the District of Columbia; and that said pavement shall be as prescribed by the said executive authority of the District of Columbia; and the rate of fare charged and received by said company shall not exceed live cents a passenger for any distance between the termini of said road. Sec. 3. That whenever the present navy -yard bridge shall be replaced by a structure suitable for the passage of a street-railroad, the company shall have the right to cross over the same to Uniontown, under such restrictions and regulations as Congress may provide; and Uniontown of shall then become the eastern terminus of the road; and ""^rom Uniontown the company may extend their road by the Good Hope road to the District line; and for riding over this extension of the road the company may charge an additional fare not exceeding live cents. Sec. 4. That Congress may, at any time, alter, amend, or repeal this act. Approved, February 18, 1875. LAWS RELATING TO STREET-RAILWAY FRANCHISES. Use of navy- yard bridge. Extension road east Uniontown. Fare. Right to alter or amend act. April 5, 1876. AN ACT To amend the act entitled "An act giving the approval and sanction of Congress to the route and termini of the Anacostia and Stats 19, p. 26. Potomac River Railroad, and to regulate its construction and oper- ation." Be it macted hy the Smote and House of Representatives Anacostia and ^ ^^^ United States of America in Congress assemhled^ That Raur^d. ti'me section two of the act giving the approval and sanction of ixtenlted^^^*^''" Congress to the route and termini of the Anacostia and Potomac River Railroad, approved February eighteenth eighteen hundred and seventy -five, be, and is hereby, so amended as to extend the time for the completion of said road to six months from and after the completion of the streets now in process of improvement along and upon mSr^f^enl: which the chartered rights of the company extend. Sec 2. ed). That the privilege is hereby granted the company to change their terminus at Fourteenth street and Pennsylvania ave- nue west, as follows: Commencing at intersection of Twelfth street and Ohio avenue northwest, along and upon Twelfth to D street, along and upon D street to Fifteenth street, along and upon Fifteenth street west to Pennsylvania ave- nue, near the Treasury gates, being one square west of the of present terminus; also, that the company may extend their Extension road from the intersection of Twelfth street and Ohio ave- * nue northwest, along and upon Louisiana avenue to the south side of Pennsylvania avenue at a point opposite Centre Market: Provided^ That whenever the street- pave- .J**^®"^^^^ *<> ment ma}^ be torn up and travel thereon interfered with by ^^^^^^ removal of the track of said road, said company shall, at its own expense, put such street pavement in as good order as before the laying of the track thereon. Section 3. That Congress may at any time alter, amend or repeal and™^^^"*^^' this act. *^° "^^^ • Michael C. Kerb Spealcer of the House of Representatives T. W. Ferry President of the Senate pro-tempore. Received by the President March 24, 1876. [Note by the Department of State. —The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] March 3, 1879. Sundry civil bill, 1880. Stats. 20, p. 404. * * * * » And one of the two railroad tracks now on said Anacostia tracts on Aa- Bridge shall be at once removed. ^"""^^^ ^"^^^• * * * « « Approved, March 3, 1879. AN ACT To amend the act giving the approval and sanction of Con- August i, 1888. gress to the route and termini of the Anacostia and Potomac River st^t. of> ^ ^ — Potomac River Railroad Company of the District of Columbia. • . p- • Be it enacted hy the Senate and House of Representatives of the United States of Atnerica in Congress assembled^ That capital Trao- the Capital Traction Company of the District of Columbia ^*°''^'' be, and it hereby is, authorized and required to construct the necessary tracks and to make the necessary connections for the purpose of operating its cars by the underground electric system and to operate the same over and along the following route, namely: Beginning at the intersection of Route extend- First and C streets northwest, east on C street to Delaware depS. ^ *°^ ^' avenue, and thence by a loop around square six hundred and eighty -six (bounded by Delaware avenue, B, First, and C streets northeast). Also, beginning at the intersection of Pennsylvania avenue and Seventeenth street northwest; south on Seventeenth street by double tracks to G street northwest; west on G street by single track to Twenty- fifth street; north on Twenty-fifth street by single track to Pennsylvania avenue. Also, beginning with the tracks at the corner of Seventeenth and G streets northwest; AisoonFand south on Seventeenth street by single track to F street ^ '^'■^^' northwest; west on F street by single track to Twenty- sixth street northwest; north on Twenty -sixth street by single track to Pennsylvania avenue: Provided, That for the purpose of furnishing a loop, for use when necessary, a single track may be extended along G street northwest from Twenty-fifth to Twenty-sixth streets, connecting with the single tracks in Twenty -fifth and Twenty-sixth streets northwest. Sec. 2. That the Anacostia and Potomac River Railroad Polomir wVer Company be, and it is hereby, authorized and required, R. R- ^ within one year from the date of the approval of this Act, to extend the lines of its underground electric railroad Route extend from the intersection of First street east and E street^' south, north along First street to B street south; thence 10 LAWS BELATING TO STREET-RAILWAY FRANCHISES. Tracks to removed. west along B street, connecting with its existing tracks between ^cond and Third streets west. Sec. 3. That where the route provided for in this Act Coinciding coincides with the routes of existing street railways one ™"^^' set of tracks shall be used in common, upon terms mutu- ally agreed upon, or, in case of disagreement, upon terms determined by the supreme court of the District of Colum- bia, which is authorized and directed to give hearing to the interested parties and to ^k the terms of joint trackage. Sec. 4. That the extensions herein authorized shall be Time of com- Completed and cars operated over the same within one pietion. ^.gj^j. f yojjj ^-j^c ^^^q ^f ^he passage of this Act. The double tracks of the Capital Traction Company now in the south side of C street northwest, between First street and New *>e Jersey avenue, shall also be removed within said time, and the space so vacated restored to proper condition in a manner satisfactory to the Commissioners of the District of Columbia. Plans to be ap- Sec. 5. That the extensions herein authorized shall be proved. constructed in accordance with plans satisfactory to the Commissioners of the District of Columbia and approved by them. Present charter Sec. 6. That the Said Capital Traction Company and rights extended. ^^^ Anacostia and Potomac River Railroad Company shall have over and respecting the routes herein provided for, the same rights, powers and privileges they respectively have or hereafter may have by law, over and respecting their other routes, and be subject in respect thereto to all the other provisions of their charters and of law. Sec. 7. That Congress reserves the right to alter, amend or repeal this Act. Approved, June 4, 1900. July 1, 1902. AN ACT Requiring the Anacostia and Potomac River Railroad Com- ■ pany to extend its Eleventh street line, and for other purposes. Be it enacted hy the Senate and Home of Representatives of the United States of America in Cmigress assemUed^ That the Anacostia and Potomac River Railroad Company, of the District of Columbia, be, and it hereby is, authorized and required to construct the necessary tracks and to make the necessary connections for the purpose of operating its cars by the underground electric system, such as is now in Eleventh street use on its Eleventh street line, over and along the follow- d^^rr^avenue ^' i^R route, namely: Beginning at the northern terminus of ec er avenue. .^ Eleventh street line at Eleventh street and Florida ave- nue north, by double track, along Eleventh street to Ly- decker avenue: Provided, That until the line of railroad Switching. on Eleven th street is further extended, cars may be switched on Eleventh street between Whitney and Lydecker ave- nues: And provided further, That until provision is made for a further extension of the line of the Metropolitan Railroad Company on Old Sixteenth street cars may be LAWS RELATING TO STREET-RAILWAY FRANCHISES. 11 switched on Old Sixteenth street between Grant and Park streets. Sec. 2. That the extension herein authorized shall be Tme of com- completed and the cars operated thereon within two years ^ ^ ^°°' from the date of the issuance of a permit by the Commis- sioners of the District of Columbia. Sec. 3. That the extension herein provided for shall bep^v^^*^^*^ constructed in accordance with plans satisfactory to the Commissioners of the District of Columbia and approved by them. Sec. 4. That the said Anacostia and Potomac River Rail- teJ^'^rights*^*?!- road Company shall have over and respecting the route tended, herein provided for the same rights, powers, and privileges it has, or hereafter may have, by law over and respecting its other routes, and be subject in respect thereto to aU the other provisions of its charter and of law. Sec. 5. That the time within which the Washington and Washington Gettysburg Railway Company shall construct its line Railway. *^^ "'^ within the District of Columbia is extended two years Time extend- from March first, nineteen hundred and three. ^^ Sec. 6. That Congress reserves the right to amend, alter, or repeal this Act. Approved, July 1, 1902. NACOSTIA, SUERATTSVILLE AND BEANDYWINE ELECTEIC EAILWAT G0MFAF7. Route. •I AN ACT To authorize the Anacostia, Surrattsville and Brandy wine March »,i905. Electric Rrailway Company to extend its street railway in the Dis- trict of Columbia. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress asseiiibled^ That the Anacostia, Surrattsville aud Brandy wine Electric Rail- ^ISi*"^ ^^^' way 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 . to extend line Columbia, with single or double tracks, equip and operate iSi^wr*'^ ^"^ ^' the same for the carrying of passengers, parcels, milk, garden truck, and other small freight, with the necessary sma^^^ht.*"** switches, turn-outs, buildings, and necessary mechanical devices, along the following-named route: Beginning where 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 Co- lumbia; thence along said Walker road northwesterly 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, Ana- costia, District of Columbia; thence westerly along Har- rison street to its intersection with Moproe street, Ana- costia, 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 ^^Jf^Jj^j^gg^j^^jj hereby no right to extend its said railway over, along, or dediStedro^So? upon any portion of the aforementioned route which is not ^^Jem S^'e^^ 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 right of way by condemnation: Provided., That when the route condemnation. described coincides with that of a county road of less width Must be outside than sixtv feet the railway shall be constructed entirely fernvMl.**"*" ^ outside the road: And provided further., That whenever said road shall be widened the Commissioners of the Dis- trict of Columbia are authorized to require that the tmcks Tracks must be of said railway company shall be located in the center of way^^^hen '^- the road as widened: Provided^ That if at any time in the^ned. future any part of the 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. 13 not ex- 14 LAWS KELATING TO STREET-RAILWAY FRANCHISES. May make con- tracts with Ana- costia and Poto- mac River R. R. Joint trackage Payment. Motive power. Plans to be ap- proved. Permits for ex cavation. Inspection. Deposits. Pavement ad jacent to tracks Changes in grade. Sec. 2. That the Anacostia, Surrattsville and Brandy- wine Electric 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 pro- pel the cars of the other company. That in case of failure to reach an agreement upon 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 loint 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 payments are made ; that the 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 m capacity, situation, and insulation to the feed wire, shall be provided for the current, and each car shall be provided with a double trollev; and no dynamo furnishing power to the road, or any portion thereof, shall have either of its poles con- nected with the earth. , . . u n Sec 3 That all plans of location and construction shall be subjected to the approval of the Commissioners of the District of Columbia. , , . i . n i a^ Sec. 4. That excavations in the highways shall be niade only under permits from the Commissioners of the Dis- trict of Columbia, and subject to regulations prescribed by them. , . Sec 5. 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. Sec 6. That the said company shall deposit such sums as the Commissioners of the District of Columbia may require to cover the cost of inspection and the cost ot changes to public works in the streets caused by the con- struction of said railway. i.^^_^^„ 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 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 sec- tion shall be enforceable under the provisions of section five of the Act providing a permanent form of govern- LAW8 relating TO STREET-RAILWAY FRANCHISES. 15 Cars. Time-table. Speed. Removal from cars. Passe nger rooms, etc. ment for the District of Columbia, approved June eleventh, eighteen hundred and seventy-eight. Sec. 8. That the cars shall be first-class and shall be kept in good condition, to the satisfaction of the Commis- sioners of the District of Columbia. Sec. 9. That the cars shall be run as often as public con- venience requires, on a time-table satisfactory to the Com- missioners of the District of Columbia. Sec. 10. That the speed of the cars shall be subject to the police regulations of the District of Columbia. Sec. 11. That persons drunk, disorderly, contagiously diseased, or refusing to pay the legal fare may be ejected from the cars by the oflicers in charge thereof. Sec. 12. That as far as possible articles left in the cars Articles left in shall be cared for by the company, to the end that they '^''• may be returned to the rightful owner. Sec. 13. That the rate of fare which may be charged Fare, for the transportation of passengers over the line 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. 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 passen- ger rooms and transfer stations as required by the Com- missioners of the District of Columbia. All passenger rooms and transfer stations shall be provided with such conveniences for the public as said Commissioners mav direct. "^ Sec. 15. That the said company, through its proper olhcers, shall annually, on or before August first, make return under oath to the board of personal tax appraisers ot 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 collecto? ot taxes ot the District of Columbia, at the same time and in the same 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. bEC. 16. That nothing in this Act shall prevent the Grades, ijistrict of Columbia, at any time, at its option, from altering the grade of any avenue, street, or highway occu- pied by said railway, or from altering and improving streets, avenues, highways, and the sewerage thereof; and tne company shall change its railway construction and pavements so as to conform to such grades and improve- ments as may have been or may be established. feEc. 17. That said company is authorized to construct Telegraph and ana operate, for its own use only, telegraph and telephone ^^^p^«°^ ^^^ lines along its railway, as herein provided for, subject to Conveniences. Report Taxes. Real estate. r Time of com- pletion. Penalty. Successors. Deposit to guar antee constrac tion. Forfeit. Supervision of Commissioners. 16 LAWS BELATING TO STEEET-BAILWAY FRANCHISES. the approval of the Commissioners of the District of ^S\a That the construction of ^id extension on the lines of said railway co^pjinywithm the District of Columbia shall be commenced withm one year of the pas sage of this Act, and be completed and cars running there- uiS.n for passenger traffic within two years from the J^sage of this Act, in default of which this Act shall be void and of no effect. . , , _, ,. Sec. 19. That all the conditions, requirements, and obli- gations imposed by this Act shall be complied with by any if the successors to and assigns of said company within '^Sec' 2a That within sixty days from the approval of this Act, the company shall deposit one tbousand d^llai^ with the collector of taxes of the District of .^olumbia, to guarantee the construction of this railroad within the pre- fcribed time, and if this sum is not so deposited this Act shall be null and void. If the sum is so deposited and the road is not in operation as herein prescribed, sa d one thousand dollars sLll be forfeited to the District of Columbia, and this Act shall be void. ; Sec 21. That the construction, adoption of motive power, erection of buildings, regulation of «c^edule and Leed of running shall be at all times ^^^f ^ f^f^^^^^^^^^^ sion and control of the Commissioners ot the District ot ^"sec. 22. That each and every violation of' the require- ments of this Act, or of the regulations ot the <-'Oinmis- Soners of the District of Columbia made under the Authority thereof , shall be punishable by a fine of from twenty-five to one thousancT dollars, in the discretion of the court, such fines to be collectible in any court of com - petentTurisdiction as other fines and penalties are collected m the District of Columbia. , Sec. 23. That the Anacostia, SurrattsviUe and Brandy wine Electric Railway Company shall have the right of way across such other railways ^s are now. m 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 of such other railways in such construction Sec. 24. That the company shall, on or before the hrst dav of February in each year, make a report to each the Senate and House of Representatives, as prescribed in sec- tion ten of the Act of June tenth, eighteen hundred and ninety-six, entitled "An Act to extend the routes of the Eokinffton and Soldiers' Home Railway Company and of The K Railway Company of the District of Columbia, and for other purposes." . , Sec. 25. That Congress reserves the right to alter^ amend, or repeal this Act. Approved, March 3, 1906. \ Penalty for violation of act and regulations. Right of way across other lines. Report to Con gress. Baltimore and Was hington Transit Com- pany authorized to enter District of Columbia. Route. Spring road. BALTIMOEE AND WASHINGTON TEANSIT COMPANY. AN ACT To authorize the Baltimore and Washington Transit Com- June 8. 18%. pany, of Maryland, to enter the District of Columbia. Be it enacted hy the Senate and Home of Representatives of the United States of ATnerica in Congress assembled. That the Baltimore and Washington Transit Company, incor- porated under the laws of the State of Maryland, and by amended charter by act of the legislature of Maryland eighteen hundred and ninety-six, be, and is hereby, author- ized to extend its road from its present charter terminus at Takoma Park, Maryland, into and within the District of Columbia, commencing at the northeastern boundary line of the District of Columbia, on Spring road in Takoma l^ark subdivision, westerly along said road to the line of lahoe street extended, west along the line of said street to Blair road, and thence northwesterly, following public highways, to a junction with the Brightwood Railway aiong a route to be approved by the Commissioners of the District of Columbia: Provided, That the right of use of bpring road authorized herein shall cease and determine when highways contiguous thereto and shown upon the recorded highway-extension plans shall have been opened m which case the route of the said company shall be upon said highways, as may be approved by the said Commis- sioners, m heu of Spring road. Sec. 2. That the Baltimore and Washington Transit Company and the Brightwood Railway Company shall have the power to make any contracts or agreements that thev may deem necessary to enable the said companies to run the cars of each or either company over the tracks of the other company, and also to contract for and use the power ot each or either company to propel the cars of the other company; that said extension of the transit companvfrom the District of Columbia line to a junction with the tracks ot the Brightwood Railway Company, near Fifth and Uma- tilla streets, m Takoma Park, District of Columbia, shall be commenced withm six months and completed within one year from the passage of this Act. ho M* !' ^^^^ ^° *^® ^"^^^^ ^^^* ^^® company should not oe able to come to an agreement with the owner or owners ot any land through which the said road may be located to pass,or upon which any necessary buildings may be required to be located, proceedings for the condemnation for the use ot the company of so much of said land as mav be required, not exceed'mg thirty feet in width, for its roadway, and of 16400-05 2 ly Trackage ar- rangements with Brightwood R'y. Commence- ment and com- pletion. Condemnation of land. 18 LAWS BELATING TO STREET-RAILWAY FRANCHISES. Trolley. SO much as may be necessary for buildings, and so forth, may be instituted in the usual way in the supreme court of the District of Columbia, under such rules and regulations as said court may prescribe for such purposes: Provided^ Landtobeded- That the land acquired by such agreement or condemnation ifcoiuSb^^""' for right of way for tracks within the limits of streets of the recorded highway-extension plans shall be dedicated to the District of Columbia for a public right of way before the company shall lay its tracks on such land; and that such right of way shall not be less than thirty feet in width for double tracks nor twenty feet in width for single track. Sec. 4. That the said Baltimore and Washington Tran- sit Company shall be empowered to construct, maintain, equip, and operate a single or double track street railway over the said line, with all necessary buildings, switches, machinery, appliances, appurtenances, and other devices Motive power, neccssary to operate the same by cable, electricity, com- pressed air, storage battery, or other motive power, to be approved by the Commissioners of the District of Colum- bia: Provided^ That the right of said company to use an overhead single trolley on a street or part of a street shall cease six months after the date of the approval of an Act of Congress appropriating money for or otherwise author- izing the paving of the roadway*^of such street or part of street, except in connection with continuous track rails: And provided further^ That the right of said company to use an overhead single trolley in any public space m the Dis- trict of Columbia, except in connection with continuous track rails, shall in any event cease on July first, eighteen hundred and ninet3^-nine. Said railway to be constructed of good material, with grooved rails of approved pattern, and in a neat and substantial manner, subject to the super- vision and approval of the Commissioners of the District of Columbia; the standard gauge to be used and the sur- faces of the tracks to conform to the grades of the streets established by the Commissioners of the District of Colum- bia, and where the tracks lie within the streets of the Dis- trict of Columbia the same to be paved between the rails and two feet outside thereof with such material and in such manner as shall be approved by the said Commissioners, and kept in repair by the said railway company. Sec. 5. That said railway shall be constructed in a sub- stantial and durable manner. The plans of construction, rails, electrical and mechanical appliances, conduits and stations, and location of stations and tracks, shall be sub- ject to the approval of the Commissioners of the District of Columbia. The said company having first obtained the written permission of the District Commissioners therefor, may make all necessary trenches and excavations and place therein the machinery and devices necessary to the opera- tion of said railway. When said trenches and excavations are open they shall be thoroughly protected to prevent acci- dent, and shall be closed within a reasonable time and the disturbed pavement relaid, all to the satisfaction of said Construction. Plana. Excavations. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 19 Commissioners. The said company shall, at its own expense, in a good and substantial manner, make all changes to pipes, conduits, and other underground constructions ren- dered necessary by the construction of said railway. Said company shall be liable for any damage to pipes or other underground constructions caused by the passage of its cars over the same, or by electric current used in the pro- pulsion of its cars. The said company shall, before com- mencing work on said railroad, deposit with the collector Deposit of taxes of the District of Columbia such sum as the Com- missioners of said District may deem necessary to defray any expense that may be incurred by the District of Colum- bia in connection with the inspection of the work of con- struction of said railway, and to make good any damage done by said company or any of its contracting agents to any public work or construction. An account of the dis- bursement of such deposit or deposits shall be made to said company, and any balance due them shall be returned upon the completion of the work to defray the cost of which the money was deposited. Sec. 6. That whenever the roadway of any street occu- widening pied by the said railway company is widened, one-half of ^^'^^^' the cost of widening and 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 for a distance of two feet from and exterior to such track or tracks on each side thereof is 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. 7. That nothing in this Act shall prevent the Dis- rad^*"^^ ^' trict 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, ave- nues, and highways, and the sewers thereof. In such event it shall be the duty of said company 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 the said company in conjunction with the ^*^®- said Brightwood Railway may receive a rate of fare not exceeding fwQ cents for each passenger for one continuous ride over the route aforesaid and the route of the said Brightwood Railway within the District of Columbia, or any part thereof, between the termini of said railroad within said District, and shall sell tickets at the rate of SIX for twenty-five cents. Sec. 9. That said company shall pay to the District of Taxes. Columbia, in lieu of taxes on personal property, for each nscal year, four per centum of its gross earnings under this tranchise upon its traffic for the preceding year derived ™!n^he operation thereof within the District of Columbia, which amount shall be paid to the collector of taxes at the 20 Report. Bonds, etc. Commence- ment and com- pJetion. Guaranty posit. LAWS RELATING TO STREET-RAILWAY FRANCHISES. • t times and in manner that other taxes are or may be pay- able, and subject to the same penalty in case of arrears; and the franchise and property of said company, both real and personal, to a sufficient amount, may be seized and sold in satisfaction thereof in the same manner as is or may be provided by law for the sale of other property for taxes, and said per centum of its gross earnings shall be in lieu of any and all assessments upon its personal property in the District of Columbia used solely and exclusively in the operation and management of said railway; but its real estate in said District shall be taxed as other real estate therein: Provided, That its tracks, machinery, and devices shall not be considered real estate for the purpose of taxation. Sec. 10. That the said company shall, on or before the first day of February of each year, make a report to Con- gress, through the Commissioners of the District of Colum- bia, of the names of all the stockholders therein 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. The report shall be verified by the affidavit of the presi- dent and secretary of the company, and if said report is not made within the time specified herein said company shall be liable to a fine of ^y^ hundred dollars, to be recov- ered in any court of competent jurisdiction at the suit of the Commissioners of the District of Columbia. Sec. 11. That the said corporation may issue bonds or other evidence of debt, to be secured by mortgage of its railroad properties and franchise within the District of Columbia, or by deed of trust thereon, but not to an amount greater than the cost of construction and equip- ment. It may own, purchase, lease, and sell real estate for the purposes of operating said road. Sec. 12. That said company shall commence the con- stmction of its said railway within six months from the approval of this Act, and said railway shall be open for traffic, with its switches and turn-outs, and with cars run- ning thereon for the accommodation of passengers, within one year from the date of the approval of this Act. Sec. 13. That the said railway company shall deposit with the collector of taxes, District of Columbia, the sum of one thousand dollars, within sixty days from the passage of this Act, as a guaranty that it will commence and com- plete its road within the time herein limited. And unless said sum of one thousand dollars is so deposited within sixty days from the passage of this Act, all rights, fran- chises, and privileges hereby granted shall immediatelv cease and determine, and this charter shall be null and void. Should the said railway company fail to commence or complete the construction of its road within the limit of time prescribed by this Act, said sum of one thousand de- LAWS RELATING TO STREET-RAILWAY FRANCHISES. * 21 dollars shall be forfeited by the said railway compan v and sha 1 be deposited by the collector of taxes withX &ted tht SsuSTn^ 'k '•''^^* ^f '^^ ^^i^^d States and tne L»istiict ot Columljia, m equal parts bia mav t aKnh ^"""P'^.^'oners of the District of Coluni- speed. D a may make such regulations as to rate of speed, sched- schedule. ule for runnmg cars, mode of use of tracks, anrremoval of venience of the public may require. Should the servant, or agente of saicf company wilffully or negligently v7okte such an ordinance or regulation, "said comfany shall te !S^^htd?X1,al^°'""'^'^ ^-^ P^-^3^-^^^^^^^^^ alte^or i-ep^afthiriT^ ""^^" *'^ "^'^^ "^ amend, ^^A.end.en, Approved, June 8, 1896. BELT RAILWAY COMPAmr (OEIGINALLY THE CAPITOL, NOETH STREET AND SOUTH WASHINGTON RAILWAY COMPANY). AN ACT To incorporate the Capitol, North O Street, and South Wash- ington Railway Company. ( aNow the Belt Railway Company. ) Be it enacted hy the Senate and Home of Representatives of the United States of America in Congress assemhled^ That Joseph Williamg, William J. Murtagh, Hallet Kilbourn, Benjamin F. Fuller, William J. Cowing, Samuel R. Bond, William Saunders, George W. Goodall, George A. Mcll- henny, L. A. Bartlett, and L. H. Chandler, and their associates and assigns, be, and they are hereby, created a body corporate, under the name of the Capitol, North O Street, and South Washington Railway Company, with authority to construct and lay down a single or double track railway, with the necessary switches and turn outs, m the city of Washington, in the District of Columbia, through and along the following streets and avenues: commencing on First street west in front of the Capitol grounds, and running thence due north along said First street west to G street north; thence west along G street north to Fourth street west; thence along Fourth street west; thence along O street north to Eleventh street west; thence south along Eleventh street west to E street north; thence west along E street north to Fourteenth street west; thence south on Fourteenth street west to Ohio avenue; thence along said avenue to its intersection with 1 welfth street west; thence south along said Twelfth street west to Virginia avenue; thence southeast along Virginia avenue to its intersection with Maryland avenue; thence northeast along Maryland avenue to First street west, the place of beginning, with the right to run public carriages thereon, drawn by horse-power, receiving therefor a rate of fare not exceeding five cents a passenger for any dis- tence on said road, from its beginning to its terminus on i^irst street west: Provided, That wherever the foregoinff route may coincide with the route of any other duh- incorporated street-railroad-company in the District, or connect portions of such route, but one set of tracks shall be used by both companies, which are hereby authorized and empowered to use such tracks in common, upon such fair and equitable terms as may be agreed upon py said companies; and in the event the said companies March 3, 1875. Stats. 18, p. 498. Capitol, North O Street and South Washing- ton Railway Company incor- porated. Route tended). (ex- Motive power. Fare. Coinciding routes. Terms of joint use of tracks. 24 LAWS RELATING TO STREET-RAILWAY FRANCHISES. TaAfl II Constnictioii. I| fail to agree upon satisfactory terms, either of said com- I»nies may app^y by petition to the supreme court of the District of Columbia, which shall provide for proper notice to and hearing of all parties interested, ind nnnn wl''\P°'^l1u ** ^^e^^'^^ *^« *«'™s and Conditions upon which, and the regulations under which, the company hereby incorporated shall be entitled so to use and enjoy the track of such other street-railroad-company, and the amount and manner of compensation to be paicf therefor: Andpromdedfurther, That neither of the companies usinff such track in common shall be permitted to make the track so used m common the depot or general stopping-place to await passengers, but shall only be entitled to use tL same for the ordinary passage of their cars, with the ordinary el o ^t*?^u°^ "P,*"/ *^« dropping of passengers. bEC. 2. That the road of said company, with all ite prop- erty aud franchises, shall be liable t^ taxation as is or may !f Pf™ ^y l.*!^' and their cars or vehicles shall be sub- therXr P'**^*^'**"* *** ^^^^ '»^s ^s to license and fees o.^f^: ^/ JH* ^''f ^^^ ■^"'^"y ^•'^l' ^ laid as near the center of the streets and avenues in the city of Washington as practicable(withoutinterfering with, or passing over, the water or gas-pipes) in the most approved manner adapted wifhT fl T^''^'' ^'^^ '^"^ *** *''« most approved pattern, with a flat bearing for street vehicles of not less width on' hP W, h*''^. car-wheel bearing, than that now in use »1 Washington and Georgetown railroad, laid upon an even surface with the pavement of the streets and avenues: !?5n fr^'f *>«*r^'lthe two tracks (where two are laid) shall not be less than four feet nor more than six feet iii Za^' *? ^^^ carnages shall not be less than six feet in Street ^Hwa"^^ correspond with that of the Columbia Sec. 4. That the said corporation hereby created shall h^vn^^fl ^^P .«"\t™c^s, and a smce of two feet ihlT t ""^^l '.^''^ thereof, and also the space between the tracks, at all times well paved and in good order in ht .KT°!f T^ ^^^^ ?"'='» mi,U^t\B\ as miy be directed ^y}^f^^^\oi commissioners of the District of Columbia and If there be at any time no such board, then by the Sec- ^id «t ' "^^ °"* expense to the United States or the ^Tj^"^^ ^^^' X • ^^^ nothing in this act shall prevent the Gov- by .nthonnes. ernment, or the proper authorities of the l5istrictof Colum- bia, at any time, at its option, from altering the grade, or otherwise improving all avenues and streets occupied by said road, or the said District, from so altering and improv- ing such streets and avenues, and the sewerage thereof, as may be under their respective authority and control: and m such event it shall be the duty of said company, at its own expense, to change their said railway so as to conform to such grade and pavement. Paving, LAWS RELATING TO STREET-RAILWAY FRANCHISES. 25 Sec. 6. That this act may at any time be altered, S^tes ^'* ""^P^^^^^ ^y ^^^ Congress of the United Sec. 7. That nothing in this act shall be so construed as to authorize said body corporate to issue any note, token or device, scrip, or other evidence of debt, to be used as currency. Sec. 8. That the capital stock of said company shall not be less than two hundred thousand dollars nor more than hye hundred thousand dollars, and that the stock shall be divided into shares of fifty dollars each, and shall be deemed personal property, transferable in such manner as tne by-laws of said company may direct. Sec. 9. That the said company shall place first class cars on said railway, with all the modern improvements, for the convenience and comfort of passengers, and shall run cars thereon during the day, and as late at night as eleven o clock, and as often as every ten minutes. Sec. 10. That the said company shall provide such pas- senger rooms offices, stables, and. depots at such points as tHe business of the road and the convenience of the public may require; and said company is hereby authorized to lay such rails through transverse streets or avenues as mav be necessary not exceeding one block in distance in anv one place, for connecting the said stables, depots, and offices with the main tracks; and the said company is herebv authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stables, and depots above named, and not to exceed two nundred thousand dollars in value. Sec. 11. That all articles of value that may be left in any of the cars or other vehicles of said company shall be taken to its principal depot and entered in a book of record pt unclaimed goods; which book shall be open to the inspection of the public at all reasonable hours. Sec. 12. That within thirty days after the passage and approval of this act, the corporators named in the first sec- tion, or a majority of them, or, if any refuse to act, then a majority of the remainder, shall cause books of subscrip- tion to the capital stock of said company to be opened, and kept open, m some convenient and accessible place or places m the city of Washington, for a period, to be fixed b v said corporators, not less than two days; and said corporators shall give public notice, by advertisement in not less than two daily papers published in the city of Washington, of tne tinie when and place where said books shall be opened and subscribers upon said books to the capital stock of the company shall be held to be stockholders: Provided, That no one individual shall be allowed to subscribe for more tdan two hundred shares of said stock: Provided furthei\ ibat every subscriber shall pay, at the time of subscribing ten per centum of the amount by him subscribed to the treasurer of said company, or his subscription shall be null Amendment. Issue of cur- rency not auth- orized. Capital stoc^ Cars. Pas senger rooms. Tracks may connect with buildings of com- pany. Articles left in cars. Opening books of subscription. Limit of sub- scription. Payment on subscribing. 26 Meeting stockholders. of Board of di rectors. Presideiit. Treasurer. Secretary. By-laws. Collection assessments suit. LAWS BELATING TO STREET-RAILWAY FRANCHISES. and void; and said payment shall in no case be withdrawn or loaned to any member of said company. And when the books of subscription to the capital stock of said company shall be closed, the corporators named m the first section, or a majority of them, and, in ca.se any of them refuse to act, then a majority of the remainder, shall, within ten days thereafter, call the first meeting of the stockholders of said company, to meet within ten days thereafter, for the choice of seven directors, of which public notice shall be given for three days, in not less than two newspapers published daily in the city of Washington, or by written or printed personal notice to each stockholder by the secretary or clerk of the said 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. offoi^a Sec 13 That the government and direction ot the aflairs of the company shall be vested in a board ^f directors, seven in number; who shall be stockholders, and who fall hold their office for one year, or until others are duly elected and qualified to take their places as directors. And the said directors (a majority of whom shall constitute a quorum) shall elect one of their number to be president of the board, and who shall also be president of the company; and they shall also choose a treasurer, who shall be a stockHoiaer, and who shall give bonds, with security, to said company, in such sum as the said directors may require, for the taitti- ful discharge of his trust; and said board shall also elect a secretary, who shall also be a stockholder, and who shall perform such duties as usually pertain to said oiface. In case of a vacancy in the board of directors, by death or resignation, or otherwise, of any director, the vacancy occa- sioned thereby shall be filled by the remaining directors. Sec 14. That the directors shall have full power to make and prescribe such by-laws, rules, and regulations as they shall deem needful and proper respecting the disposition and management of the stock, property, estate, and eltects of the company, not contrary to the cliarter or the laws ot the United Bt^tes or of the District of Columbia: Provided, That the directors of said company shall have power to require the subscribers to the capital stock to pay the amount by them respectively subscribed, at such time, (after the first installment,) in such naanner, and in such amounts as they may deem proper; and if any stockholder shall refuse or neglect to pay any installment as required bv a resolution of the board of directors, after reasonable notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his said stock as shall pay said installment, (and the highest bidder shall be taken to be the person who offers to pur- chase the least number of shares for the assessnaent due,) under such general regulations as may be adopted in the bv-laws of said company; or said body corporate may sue and collect the same from any delinquent subscriber m any court of competent jurisdiction; and no part ot the capital Sale of stock not paid up. of by V Report. Obstruction oi cars, etc. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 27 paid in shall at any time be withdrawn by said company or any member thereof. Sec. 15. That there shall be an annual meeting of the .^Annual meet- stockholders for choice of directors, to be holden at such time and place, under such conditions, and upon such notice as the said company, in their by-laws, may prescribe; and said directors shall annually make a repoit of their doings to the stockholders in general meeting. Sec. 16. That if any person or persons shall willfully and unnecessarily obstruct or impede the passage of the cars of said railway, or destroy or injure the cars, depot, stations, or other propert}^ belonging to said railway, the person or persons so offending shall forfeit and pay for each such offense the sum of ten dollars to said company, to be recov- ered and disposed of as other fines and penalties* in said District, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his, her, or their act as aforesaid; but no suit shall be brought unless commenced g^Ji^™*^***'" <>' within sixty days after such offense shall have been com- mitted. Sec. 17. That unless said corporation shall commence to gt^fon®"^ *^"" lay the said track within four months and complete their said railway within sixteen months after the passage of this act, then this act shall be null and void, and no rights whatever shall be acquired under it. Sec. 18. That no person shall be prohibited the right to travel on any part of said road, or ejected from the cars thereof, for any other cause than that of being drunk, dis- orderly, unclean, contagiously diseased, refusing to pay the legal fare exacted, or to comply with the lawful general regulations of the company. Sec. 19. That each of the stockholders in the said rail- sti;khSwe«^ **' way company shall be liable individual!}^ for all the debts and liabilities of the said company to an amount equal to the amount of stock held by such stockholder. Sec. 20. That all the provisions of the act incorporat- ^^* J^^^^ xu /^ 1 v.* T-» •! /-< • • ^ . - rating Columbia mg the Columbia Kailway Company, requiring reports of Railway co. ap- expenditures, earnings, and otherwise, shall be applicable ^^^^* to the company herein incorporated, which shall make reports as in said act required. Approved, March 3, 1875. Exclusion from cars. AN ACT To amend the charter of the Capitol, North O street, and May 23, 1876. South Washington Railway Company. ( Now The Belt Railway Com- pany.) stats. 19. p. 56. North Street and Be it enacted hy tJie Senate and House of Bepresentatives of the United States of America in Congress assembled. That ^ ^ s^j!^\ the act entitled "An act to incorporate the Capitol, North south washing- O street, and South Washington Railway Company," ap- ^har^e^Tiiendi proved March 3d, 1875, be, and the same is hereby, amended ^ so as to authorize and allow said company to extend its^^*^°**®° «* line on 4th and 11th streets west from street to P street"*" ) ^ 28 LAWS RELATING TO STREET-RAILWAY FRANCHISES. north, and to lay a single track and run its cars one way upon P street between 4th and 11th streets, instead of lay- ing a double track and running its cars both ways upon O street. Approved, May 23, 1876. route. \ March 3, 1881. AN ACT To amend the act incorporating the Capitol, North O Street Stats 21 p 414 *^^ ^^"*^ Washington Railway Company. ( Now The Belt Railway ' ' ' Company.) £e it enacted hy the Senate and Hmme of Representatives o^sfreet^and^/^^ ^T^^^^d States of America 171 Congress asseynhl ed.Thsit south^ Washing the act to incorporate the Capitol, North O Street and charter* amend- ^<>uth Washington Railway Company, approved March ^- third, eighteen hundred and seventy -five, be, and the same is hereby, amended, so as to authorize said company, at trJJSSohS ^^ discretion, to remove its track from Ohio avenue and avenue. Twelfth Street southwest, and lay a single or double track, X nsion of g^jj^j j.jjjj |^.g ^^^.g thereou, from its present line at the inter- section of Ohio avenue and Fourteenth street south, along Fourteenth street to C street southwest, eastwardly along C street southwest to Virginia avenue, to connect with its present line at the junction of said avenue and street; and also to lay a single or double track from its present line on P street and Eleventh street northwest, north along said Eleventh street to Boundary street; and to lay a single or double track commencing at the intersection of C street and Eleventh street southwest, running thence south on Eleventh street to Water street south, running thence east- erly on Water street south to M street south, which point pffin. *'*'""" shall be the southern terminus of the road: Provided, That the said company shall complete the tracks and run its cars along the streets named within six months from the approval of this act. trSjks.''''****''^ Sec- 2- That should any part of the track extension herein authorized coincide with portions of any other duly incorporated street railway, the relative condition of the chartered rights may be adjusted upon terms to be mutu- ally agreed upon between the companies, or, in case of dis- agreement, by the supreme court of the District of Colum- bia, on petition filed therein by either party, and on such notice to the other party as the court may order. frJm*BS?eaiTf ^^^' .^' .^^at the fare between the Bureau of Engraving Engraving and and Printing and the nearest junction with anv intersect- Prmting to con- : ^ j i_ ii x. j. a. ^ nectinFlines.mg^ TOad SUall DC tWO CCUtS. gSo^"^ '^"^' ^^c- ^' That any other duly incorporated street-railway other railway company in the District of Columbia shall have the right S^Ss^S*^ ^^"^ i^^ ^*rs ^v^r that portion of the route hereinbefore of Pennsylvania named south of Pennsylvania avenue, upon such fair and avenue on eqnl- ^-xuix i. i S. .T . , table terms. equitable terms as may be agreed upon between the said companies; and in the event that the said companies shall fail to agree upon satisfactory terms, either of said com- panies may apply by petition to the supreme court of the LAWS RELATING TO STREET-RAILWAY FRANCHISES. 29 District of Columbia, which shall provide for proper notice to, and hearing of, all parties in interest; and shall have power to determine the terms and conditions upon which and the regulations under which, the said company or com- panies using the tracks over the route before named may use and en]oy said tracks, and the amount and manner of compensation to be paid therefor. Sec. .5. /That Congress may at any time amend, alter, or Amendment repeal this act. ' Approved, March 3, 1881. of ^and^ SonTh ^^11^ ^T ""^^ extension of the Capitol, North O Street March i.i883. and^South Washington Railway. (Now The Belt Railway Com- gtats 22 p 432: Be itmmted ly the Senate and Rome of Representatives (irt/ie Untied btates of America in Co^^r ess assembled, 'l\i^i oP^:^^^\ ^^'^t the C>ito], North O, Street and South Washington Rail- wfsSfn|?"o'S way Company is hereby authorized to extend its line, byam'^Jnde'd^*''" laying a single or double track, and running its carsr^^^^^°^ thereon, on the following streets in the city of Washington namely : Commencing with the intersection of its prisent line at Eleventh and E. streets northwest, and running east along E to Ninth street; thence south along Ninth street to liouisiana avenue; thence southwest along said avenueto Ohio avenue; thence west along Ohio avenue to its inter- section with Its present line at the junction of Ohio avenue and Iwelfth street northwest. Sec 2 That unless said extension is constructed and the cars run thereon within six months from the passage and approval of the act all rights granted hereunder shall be void: Irovided That no new track or tracks shall be laid along Ninth street from D. to Louisiana avenue, but said company may use the tracks of the Metropolitan Street Kailway Company between said points upon such terms and conditions as may be provided in the original act of mcorporation of said Capitol North O. Street^and South Washington Railway Company. Approved, March 1, 1883. Completion. No new tracks on Ninth street. '^South'm^hl^^'' the charter of the Capitol, North O 8treet and August 9. im of^ifrfTfi^H .h«u^il\ 4,¥lii*f"^^f>cuited, That the said railway shall be laid in the centre of the avenues and streets as near as may be, without interfering with or pacing oV^ ^lZi7 T ^f ? P"'' '» *^« """St approved ^nner adapted for street railways, with rails of tfie most approved patterns, to be determined by the Secretary of the fnterior laid upon an even surface with the pavement of the sS- ?o.t hfP*"^ ^^"T *^? ^r *™«^« si"*" "ot be less than four feet nor more than six feet, and the carriages shall not be less than six feet in width, the gauge to correspond wlS that of the Baltimore and Ohio Railroad. tinr^hL^'^^^ i^/"^i^f^i^. That the said corpora- tion hereby created, shall be bound to keep said tiiclM and for the space of two feet beyond the oute? mil thS' and also the space between the tracks, at all times well paved and in good order, without expanse to thTvnJted sl^ ''k t«t^i «!*.'««.«* Georgetown and Washington ,.f hii ^"^ ^i^i/"^,^ enacted, That nothing in this act shall prevent the Government, at any time at their option, from altering the grade or' otherwise fiproving Pennsylvania avenue and such other avenues an/ streete as may be occupied by said roads, or the cities of Wash mgton and Georgetown from so altering or improving such ftvl^*""^ avenues as may be under thei? respective author ity and control, and in such event it shall be lie dutv of said suSL^H^'^'T *¥"■ "^'^ ™"'«*d so as to coXm o SUCH altered grade and pavements. bEC. \And be it further enacted. That this act mav at * o f ^^"i/u -^'^ ** it further enacted. That nothing in this act shall be so construed as to authorize said body corporate d^hf^h^ "^*'' *°^^"' ^^^i««' «<=rip, or other evide^rof debt to be used as a currency. Sec. 8. And he it further enacted, That the capital stock of said commny shall be not less than three nor more than five hundred thousand dollars, and that the stocksh Jl b^ Cars. Schedule. Passenger rooms, stablee, LAWS RELATING TO 8TREET-BAILWAY FRANCHISES. 61 divided into shares of fifty dollars each, and shall be deemed personal i)roperty, transferable in such manner as the by- laws of said company may direct. Sec. 9. And he itfarthefr enacted. That the said company shall place first-class cars on said railways, with all the modern improvements for the convenience and comfort of passengers, and shall run cars thereon during the dav as often as every ^y^ minutes, except as to Seventh and Four- teenth streets, and on these once in fifteen minutes each way, and until twelve o'clock at night as often as every half hour; and throughout day and night as much oftener as public convenience may require. Sec. 10. And he it further enacted, That said company * shall procure such passenger rooms, ticket offices, stables, eS? and depots at such points as the business of the railroad and the convenience of the public may require. And thct '^''*cks be- said company is hereby authorized to lay such rails through aSd de'Ute.**'^®'' transverse or other streets as may be necessary for the exclusive purpose of connecting the said stables and depots with the main tracks. And the said company is hereby ^^^ *<>' Re- authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stables, and depots above mentioned. Sec. 11. And he it further enacted, Th2ii all articles of ca^*'*^ ^^ *" value that may be inadvertently left in any of the cars or other vehicles of the said company shall be taken to their principal depot and entered in a book of record of un- claimed goods, which book shall be open to the inspection ot the public at all reasonable hours of business. Sec. 12. And he it further enacted, Th2it^idLCovxiOTM.oii TJseofroadby shall, on demand of the President of the United States ^^"""'^"*- Secretary of War, or Secretary of the Navy, cause to be transported over said railway any freight cars laden with freight for the use of the United States; the officers caus- ing such service to be done shall pay a reasonable compen- sation therefor. ^ Sec. 13. And he it further enacted, That within ^yq days Boofa of snb- arter the passage of this act the corporators named in the ^^^p^^o^- hrst section, or a majority of them, or if any refuse or neglect to act then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened and kept open, in some convenient and accessible place m the city of Washington, from nine o'clock in the torenoon till five o'clock in the afternoon, for a period to be nxea by said corporators, not less than two days; and said corporators shall give public notice, by advertisement in Advertisement the daily papers published in the city of Washington, of the time when and the place where said books shall be opened and subscribers upon said books to the capital stock ottbB company shall be held to be stockholders: ^'^^^ed, Ihat every subscriber shall pay at the time of Payment at subscribing twenty-five per centum of tlie amount by him iJ?' '' '"^"*" suDscnbed to the treasurer appointed by the corporators, or his subscription shall be null and void. If at the end ' i 62 LAWS RELATING TO STREET-RAILWAY FRANCHISES. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 63 Directors. 1 1 of two days a larger amount than the capital stock of said company shall have been subscribed, the books shall be closed, and the said corporators named in the first section ^A^rtionmentgjjall forthwith proceed to apportion said capital stock among the subscribers pro rata, and make public procla- mation of the number of shares allotted to each, which shall be done and completed on the same day that the books are closed : Provided^ further^ That nothing shall be received in payment of the twenty-five per centum at the time of subscribing except money or checks or certificates of deposit endorsed " good" by the president or cashier of some good of rtSJkhSweS*^ solvent bank or banks. And when the books of subscrip- era. ^^Qjj ^ ^^ capital stock of said company shall be closed, the corporators named in the first section, 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 there- after, call the first meeting of the stockholders of said com- pany, to meet within ten days thereafter, for the choice of directors, of which public notice shall be given for five days in two public newspapers, published daily in the city of Washington, or by written personal notice to each stock- holder 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 pei-son or by proxy. Sec. 14. Anabe it further enacted^ Tliat the government and direction of the affairs of the company shall be vested in the board of directors, seven in number, who shall be stockholders, and who shall hold their office for one year and till others are duly elected and qualified to take their places as directors; and the said directors (a majority of whom, the president being one, shall 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 treasurer, who shall give bonds with surety to said companv, in such sum as the said directors may require, for the faithful discharge of his trust. In case of a vacancy in the board of directors by the death, resigna- tion, or otherwise, of any director, the vacancy occasioned thereby shall be filled by the remaining directors. ^^y-iaw8. rules. Sec. 15. And he it further enacted. That the directors shall have full power to make and prescribe 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 cities of Washington and ♦ Georgetown. ^nuai meet- gEC. 16. And he it further enacted, That there shall be an annual meeting of the stockholders for choice of direct- ors, to be holden at such time and place, under such con- ditions, 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 stockhold- ers and to Congress. Officers. Report. Sec. 17. And he it further enacted. That the Mayor, Com- Municipal om- mon Council, and the several officers of the Corporation stmctTcLi^ete!*" of the cities of Georgetown and Washington, and the said Corporations are hereby prohibited from doing any act or thing to hinder, delay, or obstruct the construction or operation of said railroad, as herein authorized. Sec. 18. ^^J^^'^/w/'^A^r^/zac^^^, That the said company ^)f«« ^"^ <>* shall have at all times the free and uninterrupted use of ^*^' their road -way, and if any person or persons shall wilfully and unnecessarily obstruct or impede the passage on or over said railway, or any part thereof, or shall injure or destroy the cars, depot stations, or any property belonging to said railway company, the person or persons so offenf ing shall forfeit and pay for every such offence the sum of five dollars to said company, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his, her, or their act, as aforesaid, but no suit shall be brought unless commenced within sixty days after such offence shall have been committed. Sec. 19. And he it further enacted, That unless said cor- T^^e for oom- poration shall make and complete their said railways ^^*'''^" between the Capitol and Georgetown within sixty working days from and after the company shall have been organ- ized, and from the Capitol to the Navy Yard within sixty days thereafter, and on said Seventh street, and from said Boundary street, on Fourteenth street, to the point of inter- section as aforesaid, within six months from the approval of this act, then this act shall be null and void and no rights whatsoever shall be acquired under it. Sec. 20. And he it further enacted, Thsit all &ct8 and x)B.Tts ^^?^^ o^ ^^ of acts heretofore passed, which are inconsistent with any *''''^''^'''^*'''- of the provisions of this act, are, for the purposes of this act, hereby repealed, so far as the same are inconsistent herewith. Approved, May 17, 1862. H AN ACT To amend the charter of the Washington and Georgetown June 30. 1861 Railroad Company. Stat8.13,p. 322. ^ / ^r/^^^^^^ ^^ ^^ ^^^^^^ ^^^ Souse of Hepresentati^es +k ^ vfr ^^^^^^ States of America in Congress assembled. That w- a°d o- R- R- the Washington and Georgetown Railroad Company shall ^* nave the right to extend their horse railway on any public Extension of highway in the county of Washington, commencing at the i«hs"S. extend^ present terminus of either of their roads, extending north ^• ™m 7th and 14th streets, and from the Capitol square to Maryland avenue; and extending north from the eastern ^f f^"l^*^' of that avenue, first having obtained the consent ot the Levy court therefor; and may charge additional fare Additional t H ^ ^/"^ ^^^ ®^®^^ ^^^'^^ ™^^^^ ^" ^^^ branch so ex- ^^• tenaed, for each and every passenger conveyed upon any road constructed in said county of Washington, outside of ine lunits of the cities of Washington and Georgetown: I ) 64 LAWS RELATING TO STREET-RAILWAY FRANCHISES. • Provided, That nothing herein contained shall be construed so as to prevent Congress from regulating the fare on either of said roads, or altering or amending the original charter of said company, or this amendment thereto, according to the provisions of said original charter. Approved, June 30, 1864. JtUy 8, 1870. Stats. 16, p. 196. AN ACT To provide for the paving of Pennsylvania avenue. * * * * » Sec. S. And he tt further enacted. That the cost of laving w . . ^ x> ^^ ^^^^ pavement shall be borne and paid for in the f ol- Co''toTa1r?eSafril?^}°^ pixjportions I By the Washington and Georgetown l^l'^'peXS?!:, ^''^^? Company for that portion of the work lying be- nia avenue."^ twecn the tracks of their road, and for a distance of two feet on each side thereof; * * * The said railroad com- l^ny shall have the right to select the material with which the pavement between the rails and between the tracks shall be made: Provided, That the said pavement on said tracks shall be made to the satisfaction of the commis- sioners. * ♦ * » » Approved, July 8, 1870. April 20, 1871. Stats. 17, p. 10. Deficiency act, 1871. That the sum of $10,000, or so much thereof as mav be necessary, is hereby appropriated, for the purpose of re- pairing and relaying, where necessary, the pavement on Pennsylvania avenue from 15th street to the east side of Kock creek: Pro^mded, That a like sum shall be expended W.andG.R.R T.^*^^/^'?^ purpOSe bv the proper authorities of the Dis- co, to pay certain p^ct ot U)Iumbia: And provided furthet\ That the Wash- a?f?L?fs;!:^°^° and Georgetown Railroad Company shall in like vania avenue, manner repair such portion thereof as they are by their charter required to do; the work to be done under the su- pervision of the board of public works for the District of Columbia. Approved, April 20, 1871. May 8. 187 2. Stats. 17, p. 84. Legislative, executive, and judicial appropriation act, 1873. * * m M. * * * » w.ndr p „ n That the Washington and Georgetown Eailroad Co''m°v^^',?o?elt^"^P^"^,anltl^e Metropolitan Railroad (Tompany be, and itofa^rXr^^ J3 ^''? ^^^t/ ^^fl^'^.r? ^^ ^^^^^^ ^^^'^ tracks, respec- tively, from the Capitol grounds, as hereby established, and to run the same as they may be directed, from time to time, by the officer m charge of the public buildings and grounds, as the grading and filling up of said grounds may LAWS RELATING TO STREET-RAILWAY FRANCHISES. render necessary. That a commission, consisting of the Secretary of the Interior, the chief engineer of the army, and the officer in charge of public buildings and grounds, is hereby authorized and directed to examine and report to Congress, prior to the second Monday of December next, a plan by which the locomotive railroad track in front of western entrance of the Capitol shall be removed, with due regard to the rights of all parties concerned, and by which proper connections with other railroads may be made. « » * » » Approved, May 8, 1872. 65 Legislative, executive, and judicial appropriation act, 1876. March 3, 1875. and further, that the Washington and George- stats. 18. p. 385. _ _ W.andG.R.R. town and the Metropolitan Railway Companies are directed Scks fromca^ to take up such portions of their tracks as may come in the itoi Grounds, way of the improvement of the Capitol Grounds and relay the same. as may be directed by the officers in charge of the improvements of the Capitol Grounds. * Approved, March 3, 1875. Legislative, executive, and judicial appropriation act, 1876. March 3, 1875. * * * And provided further, That the chief engineer w^anJ^^^R^^* [of the Washington Aqueduct] is hereby directed to notify co.must remove the Washington and Georgetown Railway Company to Aqueduct bridS remove their railway track from the Washington Aque-®^®'^'^^^^^*- duct bridge over Rock Creek, within one year from the date of said notice; and said company shall make such removal within the year aforesaid, and have the right to ^J^f ^^jj*26th*f lay their tracks along 26th street from Pennsy Ivania avenue and m st. to M street north, and thence along M street into George- town, to connect with their tracks on Bridge street; and said chief engineer may establish and publish regulations prohibiting the passage of heavily loaded wagons and car- riages over said bridge. * * * Approved, March 3, 1875. AN ACT To amend an act entitled "An act to incorporate the Wash" March 3, 1875. ington and Georgetown Kailroad Company," approved May 17, stats. 18, p. 6io. 1872, Be it enacted hy the Senate and Hovse of Representatives of the United States of America in Congress assembled. That the Washington and Georgetown Railroad Company mayjj^-^j*"'* ^- *• extend its tracks in Washington City, District of Colum- Extension of bia, from 7th street west, down Water street, to the inter- ^''*^^' section of P street south; thence alon^ said P street to the west side of the Arsenal gate: Provided, That wherever 16400—05 5 li I I ■ I k 66 LAW8 BELATING TO 8TEEET-BAILWAY FRANCHISES. ^^iii^fonVeVi^}^ foregoinff route may coincide with the route of the Anacostia and Anacostia and Potomac River Railroad, on Water street or Potomac River elsewhere in the District, or connect portions of such route, but one set of tracks shall be used by both companies; which are hereby authorized and empowered to use such tracks in common, upon such fair and equitable terms as ^enns of joint may be agreed upon by said companies; and in the event the said companies fail to agree upon satisfactory terms, either of said companies may apply by petition to the supreme court of the District of Columbia, which shall pro- vide for proper notice to and hearing of all parties inter- ested, and shall have power to determine the terms and conditions upon which, and the regulations under which, the company hereby incorporated shall be entitled so to use and enjoy the tracks of such other street railroad company, and the amount and manner of compensation to be paid coS^onTo^ ^^^^'^^\^^^^- ,^nd provicUdfnrther, That neither of the com- uaed. panics 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 enti- tled to use the same for the ordinary passage of their cars with the ordinary halts for the taking up and dropping of mssengers: And provided further. That said railroad track Grade of track, shall conform to the grade established by the board of public works of the District of Columbia. Approved, March 3, 1875. AN ACT Authorizing the repavement of Pennsylvania avenue. * * * * * July 19, 1876. Stats. 19, p. 92. R.^o.*haii%?e , ^^^ Washington and Georgetown Railroad Companv irf^£l>?lll?^^^* ^^f • ^" ^1**^^ expense for the portion of the work road. lying between the extenor rails of the tracks of the road and for a distance of two feet from and exterior to the track on each side thereof, and of keeping the same in repair- but the said railroad company, having conformed to the srrade established hv fViA fVinTm*aQirk«rir.o mo^ .,r,^ ^^uui„ b&^neTr S^I^/^^^ esteblished by the Commissioners, may use cobble- , stone or Belgian rock in paving their tracks, or the space between their tracks, as the Commissioners shall direct. gianrock. Approved, July 19, 1876. August 6, 1890. Stats. 26, p. 310. District appropriation act, 1891. R-V"^ ^' ^' .^?^/ 3. That any street railroad company in the District tiv?*S>^ef Sty u ^^i!"*"^^^ authorized to run cars drawn by horses, which Increase issue of |?*s changed or may change its motive power on any of its «tock. lines now constructed, to cable or electricity, or change its rails in accordance with the provisions of law, shall have the right to issue and sell, at the market price thereof, stock of said company to an amount necessary to cover the cost LA-vrS RELATING TO STREET-RAILWAY FRANCHISES. 67 of making said changes, the cost of said changes and the amount of said stock sold, together with the price per share, to be fully set forth, under the oath of the President of said Company, and filed with the Commissioners of the District. And any company availing itself of the privileges herein granted shall within two years, wholly dispense with horses Must dispense as motive power on all portions of its line and substitute J^JJ^y^^^ ^° therefor the power proviaed for in the act making appropria- tions for the expenses of the District of Columbia, approved March second, eighteen hundred and eighty-nine, or pneu- matic or other modern motive power which shall be approved Motive power, by the Commissioners of the District of Columbia, but noth- ing in this act contained shall in any wise authorize the use of overhead appliances: Provided., That if any such company operating a line or lines of street railroad from Georgetown certain linesre- or West Washington to and beyond the Capitol grounds ^JJI?.^^*'*"^® shall fail to substitute for horse power the power herein pro- vided for on all its lines within two years from the date of this act, such company shall forfeit its corporate franchise. Approved, August 6, 1890. j' I Deficiency act, 1891. March 3, 1891. * » • * * Stats.26,p.869. To the Washington and Georgetown Railroad Company, w. and g. r.r. three hundred and thirty-three dollars and fifteen cents Sii judgment?' costs; and the Washington and Georgetown Railroad Company, of the District of Columbia, shall pay to the District of Columbia, within eighteen months from the approval of this act, the full amount of the judgment that was rendered against the said company by the supreme court of the District of Columbia at the suit of the said District, in cause numbeV twenty-two thousand four hun- dred and fifty-seven, at law, on the dockets of said court, with the cost of said cause and interest on said amount from the date said judgment was rendered until paid, and that upon the failure of the said company so to pay said amount, costs, and interest within the time aforesaid, the charter of the said company shall become forfeit, and all its rights, privileges, and franchises as a body corporate shall cease and determine: * * * Approved, March 3, 1891. Distiict appropriation act, 1893. * » * July 14, 1892. Stats. 27, p. 168. Care of Bridges: For ordinary care of bridges, includ- ing keepers, oil, lamps, and matches, five thousand dollars; for construction and repairs of bridges, fourteen thousand dollars; in all, nineteen thousand dollars. That the Wash- w.ando.R.R. ington and Georgetown Railroad Company is hereby SreeWriS( required to repair the bridge across Rock Creek at M street ir M ge. 68 LAWS RELATING TO STREET-RAILWAY FRANCHISES. northwest at a cost not exceeding ten thousand dollars, said repairs to be made under the direction of the Engi- neer Commissioner of the District of Columbia and in accordance with plans and specifications to be prepared by him. * * * Approved, July 14, 1892. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 69 Angust23,i894. AN ACT To amend an act entitled "An act to incorporate the Wash- stats. 28, p. 492. ington and Great Falls Electric Railway. ♦ . ♦ ♦ ♦ * co^'lhSi® Md ^^^' ^' "^^^^ ^^ o^^^r to accommodate the street railway FeV^^s'taUon*^^^^^ ^^^^ °^?^ Converge at or near the Aqueduct bridge, near Aqueduct unviso. Commissioners of the District of Columbia : Provided, That said company shall have no power to sell or lease the said road or any part thereof until after the main line has been Annual meet- constructed and operated. There shall be an annual meet- ing of the stockholders for choice of directors, to be held at such time and place, under such conditions and upon such notice as the said company in their by-laws may pre- scribe; and said directors shall annually make a report in rddway "'^ ""^ Writing of their doings to the stockholders. The said com- imny shall have at all times the free and uninterrupted use of its roadway; and if any person or persons shall willfully LAWS RELATING TO STREET-RAILWAY FRANCHISES. 73 cars. and mischievously and unnecessarily, obstruct or impede the passage of the cars of said railway 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 motive powers of said railway, or depots, stations or other property belonging to said railway, the person or persons so offending shall forfeit and pay for each offense not less than twenty-five nor more tnan one hundred dollars, to be recovered as other fines and penal- ties in said District, and shall in addition to said penalty, be liable to said company, for any loss or damage occa- sioned by his, her, or their acts as aforesaid. No person Ejection from shall be prohibited the right to travel on the cars of said road, or be ejected therefrom by the company's employees, for any other cause than that of being drunk, disorderly, or contagiously diseased, for the use of obscene and profane language, refusing to pay the legal fare, or a failure to comply with the lawful regulations of the company. The principal offices of said company shall be situated in the District of Columbia, and all books and papers relating to the business of said company shall be kept thereat and open at all times to the inspection of the stockholders. The meeting of stockholders and directors shall be held at said office. The book in which transfers of stock shall be recorded shall be closed for the purpose of such transfer thirty da^^s before the annual election. Sec. 4. The said Rock Creek Railway Company shall, on or before the fifteenth day of January of each year, make a report to Congress of the names of all the stockholders therein 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 the thirty first, which report shall be verified by the affidavit of the president and secretary of said company; and if the said report is not made at the time specified, or within ten days thereafter, it shall be the duty of the Commissioners to cause proceed- ings to be instituted to forfeit this charter; and said com- pany shall pay to the District of Columbia, as taxes for each year, four per centum of its gross earnings for the preced- ing year as shown by said verified statement, 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 fran- chise and property of said company, both real and personal, to a sufficient amount, may be seized and sold in satisfac- tion thereof, as now provided by law for the sale of other property for taxes; and said per centum of its gross earn- ings shall be in lieu of all other assessments of taxes of whatsoever character upon its personal property, but the real estate of the company shall be taxed as other real estate in the District, provided that the tracks of the com- pany shall not be taxed as real estate. Annual report. Taxes. i '} H » '1 74 LAWS RELATING TO STREET-RAILWAY FRANCHISES. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 75 Articles left in cars. n n Amendment. Sec. 5. That all articles of value that may be inadver- tently left in any of the cars or other vehicles of the said company shall be taken to its principal. depot and entered m a book of record of unclaimed goods, which shall be open to the mspection of the public; but when such property has been unclaimed for one year the company may sell the same. Sec. 6. Congress reserves the right to alter, amend, or repeal this act at any time. Received by the President June 12, 1888. m [Note by the Department of State.— The foregoing act havmg been presented to the President of the United btates for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] route. Route. Bridge. ^^^^'^^^- AN ACT To change the route of the Rock Creek Railway Company stats. 26, p. 121. and for Other purposes. p 1, r. ., J?z^ it enacted ly the Seriate and Houseof Representatives R^co ^'^^^%tf^e^^'^^ted States of Americain Can qr ess assembled. That Change of the charter of the Kock Creek Railway Company be, and the same is hereby, amended so as to authorize said com- pany to lay Its tracks and to run its cars thereon, through and along the following-named streets, avenues, and places- Commencing at the intersection of Connecticut and Florida avenues; thence easterly along Florida avenue formerly known as Boundary street, to Eighteenth street; thence northerly along Eighteenth street to Columbia road; thence westerly crossing Columbia road and extending through the Cliffbourne tract, to Rock Creek, on such line as shall be approved by the Commissioners of the District of Columbia; thence crossing Rock Creek on a substantial, elevated iron bridge to be erected bv said company at its own expense and approved by said Commissioners, which shall be a thoroughfare open to the public, not less than Mty feet wide, including sidewalks; thence northwesterlv through W oodley Park to a point near Woodley road in Connecticut avenue extended, on such line as shall be approved by the Commissioners of the District of Columbia • thence northerly along Connecticut avenue extended to the north line of the District of Columbia; also commencing at the intersection of Eighteenth and U streets northwest- thence east, following U street to Fourteenth street west:' Skifptrack., f^ovided, That the said company, at its own expense, shall ..well paved, keep its said tracks withm the city limits and on Florida avenue and Eighteenth street to Columbia road, and for the space of two feet beyond the outer rails thereof and also the space between the rails and tracks, at all times well paved with asphalt, or such other pavement as the Proviso To etc etc. Commissioners of the District of Columbia shall approve, and keep the same in good repair; and if said company incaseoffaii- shall fail to pave or repair the said streets in the manner g^^'jjjP\«^,\^jJJ aforesaid the Commissioners of the District of Columbia to pave, etc., at shall cause the same to be paved or repaired as aforesaid, ^°™P*^y'« ^^^^ and the cost of such paving shall be recovered by the Commissioners against said company in any court of com- petent jurisdiction, and the amount so paid for such pav- ing or repairing by said Commissioners shall be a lien upon Lien, all property of said company from the time that said pav- ing or repairing is made until paid by said company. Sec. 2. That so much of the original charter of said Repeal of old company, granted by act which became a law June twenty- "*"'®- second, eighteen hundred and eighty-eight, as prescribed a route or routes for the tracks and road of said company be, and the same is hereb}^ repealed, and that the route or routes prescribed by this act shall be the only route or routes for the tracks and road aforesaid: Provided^ That Prwtw. said company shall not operate any part of its road by No overhead electric power with overhead wires within the city limits, clty^^mite.'^^'' ^^ Sec. 3. That said compan}^ is hereby authorized to issue capital stock, its capital stock to an amount not to exceed the actual cost, more than ten per centum of the right of way, con- struction and equipment, motive power, and such land and buildings as may be necessary to said road, in shares of one hundred dollars each. Said company shall require the subscribers to the capital stock to pay in cash to the treasurer appointed by the corporators the amounts sev- erally subscribed by them, as follows, namely: Ten per subscriptions, centum at the time of subscribing and five per centum each thirty days thereafter, until fifty per centum thereof shall have been paid, the balance of such subscription to be paid at such times and 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 install- ment as aforesaid, or as required by resolution of the board of directors after reasonable notice of the same, the said board of directors may sell at public auction, to the highest Delinquent bidder, so many shares of his stock as shall pay said install- ^^^^ ^^' ®^- ment, 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 delin- quent subscriber in any court of competent jurisdiction. And the time in which the work and construction of the commence- road shall begin and be completed is hereby extended so pieuon Extend- that the work shall be commenced within thirty days and ^' the entire road completed within eighteen months from the passage of this act. - j S i i I \ 76 LAWS EELATING TO STREET-RAILWAY FRANCHISES. Dedication, purchase, and condemnation of lands for public highway. R.S.D.Csecs. 257-267, pp. 29-30. Provisos. Cost of pur- chase, etc. Interference with public trav- el, etc. Orieinalcharter reaffirmed, etc. Amendment, etc. Sec. 4. That when the property owners shall have dedi- cated for the purposes of a public highway five-sixths in buantity of the land necessary to open a street of such width as the Commissioners of the District of Columbia may prescribe from Columbia road to Connecticut avenue extended and also to prolong said Conneticut avenue extended from the point of meeting of said street there- with to the boundary of the District of Columbia for the full width of one hundred and thirty feet, if any of the remaining owners of property lying within the path of such street or said avenue extended shall refuse or neglect to dedicate their land or lands for the purposes of said street or said avenue, or to sell and convey the same to the District of Columbia at a price to be agreed upon by and between such owners and the said District, then in that event it shall be the duty of the Commissioners of the District of Columbia, and they are hereby author- ized, empowered, and directed, to condemn, in accordance with the provisions of sections two hundred and fifty -seven to two hundred and sixty-seven, both inclusive, of the Revised Statutes of the United States relating to the District of Columbia, the remaining one-sixth of said lands so as aforesaid lying within the path of such street or said avenue extended, or so much thereof as may not have been dedicated or sold, as hereinbefore provided, and to open such street as aforesaid for the width aforesaid, and to open said Connecticut avenue extended for the width of one hun- dred and thirty feet as a public highway: Provided, That the said company shall furnish the money to pay for the purchase or condemnation of said lands and to compensate the owners therefor: And provided further, That the track or tracks of said company shall be laid in such portions of such avenues as will least interfere with public travel, the location of the same to be settled by the Commissioners of the District of Columbia. Sec. 5. That the said company shall continue, subject to all the conditions and limitations of its original charter; and that Congress reserves the right to amend, alter, or repeal the original charter, and this act. Approved, May 28, 1890. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 77 after be constructed, by the Chevy Chase Land Company of Montgomery County, Maryland, and which connects, or may connect, with the present line of said Rock Creek May connect Railway Company, and to have respecting such connect- chevT chaste ing line the same powers and privileges as it now has or^°*^^®- hereafter may have respecting its own line of railroad not inconsistent with the laws of Maryland; and, further, that the said Rock Creek Railway Company of the District of Columbia shall be, and it hereby is, authorized and empow- ered to issue its bonds to aid in paying for the construction Bonds, and equipment of its railroad, and the purchase and lease, construction, and equipment of any and all future acquisi- tions and extensions as hereinbefore are, or that may Here- after be, provided for, and to secure the said bonds by mortgage or deed of trust of its rights of way, and all its property of what kind soever, whether real, personal, or mixed, including its franchises as a corporation; and as proof and notice of the legal execution and effectual deliv- ery of any such mortgage or deed of trust, the same shall be filed and recorded in the office of the recorder of deeds for the District of Columbia: Provided, however. That the bonds hereby authorizedshallat notime exceed in the ag- gregate amount of their face value one-half of the capital stock of said company actually subscribed and paid in: A7id provided further. That for the purpose of fixing the amount of the capital stock of said company the cost of capital stock, purchase or lease, construction, or equipment of the acqui- sition and extension aforesaid shall be deemed as apart of the actual cost of the rights of way, construction, equip- ment, motive power, and necessary lands and buildings, as provided for by the third section of the act amending the charter of the said company, approved May twenty- eighth, eighteen hundred and ninety; and the time for the completion of said road is hereby extended six months from Time extended, and after the twentieth of November, eighteen hundred and ninety-one. Sec. 2. That Congress reserves the right to alter, amend. Amendment. or repeal this act. Approved, March 3, 1891. March 3, 1891. Stats. 26, p. 836. AN ACT To amend the charter of the Rock Creek Railway Company of the District of Columbia. Co. Be it enacted lyy the Senate and House of R&preBentrtives RockCreekRy. ofthe United States of America in Congress ossenMed, That in addition to the powers and privileges heretofore con- ferred upon the Rock Creek Railway Company of the District of Columbia by its act of incorporation as amended, the said company shall be, and it hereby is, authorized and empowered to buy, lease, hold, and oper- ate, or otherwise to contract, respecting the railway in the State of Maryland, now constructed or which may here- April 30 1892. AN ACT To amend the charter of the Rock Creek Railroad Company. '■ '- stats. 27, p. 23. Be it ermcted hy the Senate and House of Representatives ofthe United States of America in Congress assemhled. That Rock creek the Rock Creek Railroad Company be, and it is hereby, ^* authorized to extend its road from its present terminus on Extension of U street to Florida avenue, thence along Florida avenue to ^^*'^^- North Capitol street: Provided, That it shall run on the same track with the Metropolitan Railroad Company be- tween Ninth and Seventh streets. Said company is author- ized to extend a branch road from a point on its line in Cliff- burne tract across the Adams Mill road to Kansas street, 'C, Use of tracks. i I I 78 LAWS RELATING TO STREET-RAILWAY FRANCHISES. thence along Kansas street to Ontario avenue, thence along or adjacent to Ontario avenue to the east line of the Zoolog- ical rark, on such line as shall be approved by the Com- missioners of the District of Columbia. That the extension and branch herein provided for shall be subject, in all re- spects, to the acts of Congress granting and amending the charter of the Rock Creek Railway Company as fully as if such acts were incorporated herein, other Sec. 2. That whenever the route of the foregoing exten- sion coincides with the track occupied by the Metropolitan Railroad Conapany, both companies shall use the same track Terms of use. upon such fair and equitable terms as may be agreed upon by said companies; and in the event that said companies shall fail to agree upon equitable terms, either of said com- mnies may apply by petition to the supreme court of the District of Columbia, who shall hear and determine sum- marily the matter in due form of law, and adjudge to the proper party the amount of compensation to be paid there- ^wth between for. Whenever more than one of the tracks of said railroad company shall be constructed on any of the streets, avenues, or other public highways in the District of Columbia, the width of space between the two tracks shall not exceed four feet, unless otherwise especially ordered by the Commis- sioners of the District of Columbia. Joint use of Sec. 3. That the Rock Creek Railway Company and the Eckington and Soldiers' Home Railway Company shall have the power to make any contracts or agreements that may be necessary to enable the said companies to run the cars of each or either company over the tracks of the other com- pany, and also to contract for and use the power of each or either company to propel the cars of the other company. The said extension and branch shall be completed within one year and a half from the passage of this act. Sec. 4. That the streets or avenues opened under the provisions of this act shall conform to the general plans for the extension of the streets and avenues of the District of Columbia, and shall be laid out under the direction of the Commissioners of the District of Columbia. Sec. 5. That Congress reserves the right at any time to alter, amend, or repeal this act. Approved, April 30, 1892. tracks Completion. Opening streets. of Amendment. March 1, 1895. Stats. 28, p. 700. AN ACT Relative to Rock Creek Railway Company of the District of Columbia. Be it enacted ly the Senate a/nd House of Representatives of the United States of America in Congress assemUed^ That R^^^^iuthorized ^^® ^^^ CvQ^k Railway Company of the District of Co- to contract with lumbia, being authorized thereto by a vote of the owners Zlun^'''^^^^^ a majority of its capital stock, may contract with any street railway company owning or operating a connecting or intersecting line for the joint management, lease, or pur- Fare. LAWS EELATING TO STREET-EAILW AY FBANCHI8ES. 79 chase of such connecting or intersecting line or lines and operate the same in connection with its original line; and in case of such contract may provide the means necessary by an increase of its capital stock, not to exceed the actual consideration paid or the actual cost of the necessary equip- ment: Provided, That only one fare, not exceeding the rate now authorized by law, shall be charged for a single con- tinuous ride in the District of Columbia over all the lines affected by such contract or any part thereof; and any such company owning connecting or mtersecting line is hereby empowered, when authorized by a vote of a majority of its stockholders, to enter into such contract: Provided further. That nothing in this Act shall be construed to impair or abridge the right of Congress at any time to regukte the operation of such line or lines, or to release any railway company or companies thus contracting, in whole or in part, from any obligation or restriction imposed by its original charter or by any law of Congress subsequently enacted, except as provided herein; and Congress hereby reserves the right to alter, amend, or repeal this Act. In the event of the said companv entering into such contract as is contemplated by this Act, it is hereby authorized, if deemed advisable by its directors, to change its name from the Rock Creek Railway Company of the District of Co- Srce^'^cSS lumbia to that of ''The Capital Traction Company." *"**^°^ Approved, March 1, 1895. May chan^t name of road un- Extract from Public No. 124, Approved, July 14, 1892. Care of Bridges: For ordinary care of bridges, includ- ing keepers, oil, lamps, and matches, five thousand dollars; tor construction and repairs of bridges, fourteen thousand dollars; in all, nineteen thousand dollars. That the Wash- ington and Georgetown Railroad Company is hereby re- quired to repair the bridge across Rock Creek at M. street t o x northwest at a cost not exceeding ten thousand dollars, ^tfJet^^ said repairs to be made under the direction of the Engineer Commissioner of the District of Columbia ^nd in accordance with plans and specifications to be prepared by him. repair at M AN ACT To amend the charter of the Capital Traction Company of June 2, 1900. the District of Columbia. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That Route extend- tlie Capital Traction Companv be, and the same is hereby, ^*^- authorized and required, within six months from the pas- sage of this Act, to lay down an underground electric rail- ^/•&r^^i^^ *^^ necessary switches and turn-outs in the city ot n ashington, in the District of Columbia, through and along the following streets and avenues, namely: Begin- 80 LAWS KELATING TO STEEET-BAILWAY FRANCHISES. I avS^fei*'^^^^^*^^® ™^i^ tracks at the intersection of Pennsylvania tension. avcnue and Eighth street southeast, and thence easterly along said Pennsylvania avenue with double tracks to Fif- teenth street east; thence by a single-track loop on Penn- sylvania avenue, the circle, K, and Fifteenth streets, bound- ing square numbered one thousand and seventy-eight, and connecting with the double tracks at Pennsylvania avenue Plans. and Fifteenth street east; all work to be done in accord- ance with plans acceptable to and approved by the Com- missioners of the District of Columbia. ueTeslxten^ded" .^^9' ^' ^hat the said Capital Traction Company of the ' District of Columbia shall have, over and respecting the route hereinbefore provided for, the same rights, powers, and privileges as it now has, or hereafter may have, by law over and respecting its other routes, and be subject in respect thereto to all the other provisions of its charter and law. Sec. 3. That Congress reserves the right to alter, amend, or repeal this Act. Approved, June 2, 1900. ! |! !i Mil Jnne 4. 1900. j^ ^(j^ Authorizing and requiring certain extensions to be made to the lines of the Capital Traction Company and of the Anacostia and Potomac River Railroad Company of the District of Columbia. Be it enacted hy the Senate and House of Representatives ' of the United States of America in Congress asseinUed^ That the Capital Traction Company of the District of Columbia be, and it hereby is, authorized and required to construct the necessary tracks and to make the necessary connec- tions for the purpose of operating its cars by the under- ground electric system and to operate the same over and along the following route, namely: Beginning at the B. and o. de- intersection of First and C streets northwest, east on C pot extension, street to Delaware avenue, and thence by a loop around square six hundred and eighty-six (bounded bv Delaware avenue, B, First, and C streets northeast). Also, begin- ning at the intersection of Pennsylvania avenue and Seven- teenth street northwest; ^uth on Seventeenth street by double tracks to G street northwest; west on G street by single track to Twenty-fifth street; north on Twenty-fifth exTelfsfoS."^^^*" ^^.^^^.*^ ^^ ^y^^^^ *^rack to Pennsylvania avenue. Also, be- ginning with the tracks at the corner of Seventeenth and G streets northwest; south on Seventeenth street by sin- gle track to F street northwest; west on F street by sin- gle track to Twenty-sixth street northwest; north on Twenty-sixth street by single track to Pennsylvania ave- . nue: Provided^ That for the purpose of furnishing a loop, for use when necessary, a single track may be extended along G street northwest from Twenty-fifth to Twenty- sixth streets, connecting with the single tracks in Twenty - fifth and Twenty-sixth streets northwest. LAWS RELATING TO STEEET-BAILWAY FRANCHISES. 81 Sec. 2. That the Anacostia and Potomac Eiver Railroad ^-nacostia and Company be, and it is hereby, authorized and required, r R^'extemton! within one year from the date of the approval of this Act, to extend the lines of its underground electric railroad from the intersection of First street east and E street south, north along First street to B street south; thence west along B street, connecting with its existing tracks between Second and Third streets west. Sec. 3. That where the route provided for in this Act coinciding comcideswith the routes of existing street railways one '**'''^^^' set of tracks shall be used in common, upon terms mu- tually 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 hear- ing to the interested parties and to fix the terms of joint trackage. Sec. 4. That the extensions herein authorized shall be '^^^ ^^ co°i- completed and cars operated over the same within one year ^^^^^''^' from the date of the passage of this Act. The double tracks of the Capital Traction Company now in the south side of C street northwest, between First street and New Jersey avenue, shall also be removed within said time, and the space so vacated restored to proper condition in a manner satisfactory to the Commissioners of the District of Columbia. Sec. 5. That the extensions herein authorized shall be p^"^- constructed in accordance with plans satisfactory to the Comnussioners of the District of Columbia and approved by them. Sec. 6. That the said Capital Traction Company and charter privi- the Anacostia and Potomac River Railroad Company shall ^^^^^^^^^^^^ have, over and respecting the routes herein provided for, the same rights, powers, and privileges they respectively have or^hereaf ter may have by law, over and respecting their other routes, and be subject in respect thereto to alL the other m-ovisions of their charters and of law. Sec. Y. That Congress reserves the right to alter, amend, or repeal this Act. ' Approved, June 4, 1900. 16400—05 6 I' M i'i ill COLUMBIA RAILWAY COMPANY. AN ACT To incorporate the Columbia Railway Company of the Dis- May 24, 1870. trict of Columbia. q. . ,„ — t— stats. 16, p. 133. Be it enacted hy the Senate and House of Representative of the United States of America in Congress assemUed^ Tha^ Colombia Raii- William Gunton, John C. McKelden, Samuel Fowler, Wil- S^S^T'''^- liam B. Todd, William H. Clagett, John F. Callan, S. P. Brown, George H. Plant, W. C. Bestor, E. M. Gallaudet, R. C. Fox, Mathew G. Emery, William Stickney, Martin M. Roher, Richard Sutton, David D. Cone, Robert Williams, William P. Copeland, William H. Nallev, G. H. B. White, James T. Pritchard, J. C. Wall, John H. McCutchen, Paulus Thyson, Bernard Hayes, Jacob D. Kitch, and their associates and assigns, be, and they are hereby, created a body corporate, under the name of the "Columbia Rail- way Company," with authority to construct and lay down a single or double track railway, with the necessary switches and turnouts, in the city and county of Washington, in the District of Columbia, through and along the following avenues, streets, and highways: commencing at a point on Route, the eastern side of west Fifteenth street, on New York avenue, thence eastwardly along said avenue to its inter- section with north K street; thence along north K street to its intersection with Massachusetts avenue; thence along Massachusetts avenue to its intersection with north H street; and thence along H street to its eastern termina- tion with the Columbia turnpike gate, with the right to run public carriages thereon drawn by horse-power, re- aM oti ve ceiving therefor a rate of fare not exceeding six cents a^*?^^^- passenger for any distance on said road. Sec. 2. And he it further enacted^ That should a majority Road may be of the stockholders so elect, at any time within two years ^''*^°^^^' after the completion of said road (provided for in section one above), the said Company shall have the right to extend said road, either with a smgle or double track, with the nec- essary switches and tournouts along the line of the Colum- bia Turnpike Road Company, with the consent of said Turnpike Road Company, or on any other road or roads leading northwardly or eastwardly from such intersection at the Columbia turnpike gate, now opened, or which may hereafter be opened, by the proper authorities; and thence along said road or roads, by the most practicable route or « Changed to cable power under authority of Act of Congress, ap- proved March 2, 1889. 83 1 "■\ \\ •\ I • •li t COLUMBIA RAILWAY COMPANY. AN A.CT To incorporate the Columbia Railway Company of the Dm- May 24, 1870. trict of Columbia. stats. 16. p. 133. Be it enacted hy the Senate and House of Bepresentativ^ of the United States of America in Congress assembled^ Tha^ Columbia Raii- William Gunton, John C. McKelden, Samuel Fowler, Wil- SJ^SmeT^'^" liam B. Todd, William H. Clagett, John F. Callan, S. P. Brown, George H. Plant, W. C. Bestor, E. M. Gallaudet, R. C. Fox, Mathew G. Emery, William Stickney, Martin M. Roher, Richard Sutton, David D. Cone, Robert Williams, William P. Copeland, William H. Nalley, G. H. B. White, James T. Pritchard, J. C. Wall, Johiu H. McCutchen, Paulus Thyson, Bernard Hayes, Jacob D. Kitch, and their associates and assigns, be, and they are hereby, created a body corporate, under the name of the "Columbia Rail- way Company," with authority to construct and lay down a single or double track railway, with the necessary switches and turnouts, in the city and county of Washington, in the District of Columbia, through and along the following avenues, streets, and highways: commencing at a point on Route, the eastern side of west Fifteenth street, on New York avenue, thence eastwardly along said avenue to its inter- section with north K street; thence along north K street to its intersection with Massachusetts avenue; thence along Massachusetts avenue to its intersection with north H street; and thence along H street to its eastern termina- tion with the Columbia turnpike gate, with the right to run public carriages thereon drawn by horse-power, re- om oti ye ceiving therefor a rate of fare not exceeding six cents a^^^re passenger for any distance on said road. Sec. 2. And he it further enacted^ That should a majority ^®*^^™*y ^ of the stockholders so elect, at any time within two years ^^^^ ' after the completion of said road (provided for in section one above), the said Company shall have the right to extend said road, either with a single or double track, with the nec- essary switches and tournouts along the line of the Colum- bia Turnpike Road Company, with tiie consent of said Turnpike Road Company, or on any other road or roads leading northwardly or eastwardly from such intersection at the Columbia turnpike gate, now opened, or which may hereafter be opened, by the proper authorities; and thence along said road or roads, by the most practicable route or « Changed to cable power under authority of Act of Congress, ap- proved March 2, 1889. 83 i A\ ■ 84 LAWS BELATING TO STREET-RAILWAY FRANCHISES. I i I routes, to the termini near, at or in the District of Colum- bia, receiving therefor a rate of fare not exceeding cents Motive power, a passenger for any distance on said road or roads. The . carriages on the extension of said road or roads to be pro- pelled either by horse-power or dummy engines, at the option of the said Railway Company. Sec. 3. And he itfurtkefr enacted^ That the said road or roads shall be deemed real estate, and, together with other real and personal property of said body corporate, shall Taxation. be liable to taxation as other real estate and personal prop- License ioT^^^J-i and to license for their vehicles or cars in the city »»• and county aforesaid, except as hereinafter provided. Construction. Sec. 4. And he it further enacted^ That the said railway shall be laid as near the centre of the avenues and streets in the city Of Washington as practicable (without interfer- ing with or passing over the water or gas pipes), in the most approved manner adapted for street railways, with the rails of the most approved pattern, to be determined by the Secretary of the Interior, laid upon an even surface with the pavement of the streets or avenues; and the space between the two tracks (where two are laid) shall not be less than four feet nor more than six feet, and the car- Gauge, riages shall not be less than six feet in width; the gauge to correspond with that of the Metropolitan Railroad. That the railways in the county (should it be determined to construct such roads) shall be laid in such manner as will least interfere with the ordinary travel of the road or roads on which the tracks shall be laid. ^ Sec. 5. And he it further enacted, That the said corpora- tion hereby created shall be bound to keep said tracks, and for a space of two feet beyond the outer rail thereof, and also the space between the tracks, so far as the same are laid within the limits of the city of Washington, at all Paving. times well paved and in good order, without expense to the United States or the said city. And in case the road shall be extended beyond the limits of said city, [as is here- tofore provided,] the said corporation shall be bound to keep said tracks, and for a space of two feet beyond the outer rail thereof, and also the space between the tracks well gravelled or paved and in good order, so as not to impede the general travel on said roads by vehicles or otherwise, without expense to the county of Washington. Grade of streets Sec. 6. And he it further enacted. That nothing in this may be changed. ^^^ gj^^jj prevent the Government at any time, at its option, from altering the grade, or otherwise improving all ave- nues and streets occupied by said road, or the city of Washington from so altering and improving such streets and avenues and the sewerage thereof, as may be under their respective authority and control; and in such event it shall be the duty of said Company to change their said railway so as to conform to such grade and pavement. Sec. 7. And he it further enacted. That this act may at any time be altered, amended, or repealed by the Congress of the United States. Paving. Amendment. l LAWS EELATING TO STBEET-EAILWAY EBAITOHISES. 85 Shares, how transferable. running. Sec. 8. And he it further enacted. That nothing in this issue of cur- act shall be so construed as to authorize said body corpo- thomed?°* *"" rate to issue any note, token or device, scrip or other evi- dence of debt, to be used as currency. Sec. 9. And he itfartlter enacted, That the capital stock capital stock, of said Company shall not be less than one hundred thou- sand dollars, nor more than four hundred thousand dollars, and that the stock shall be divided into shares of fifty dol- lars each, and shall be deemed personal property, transfer- able in such manner as the By-Laws of said Company ma}^ direct. Sec. 10. A7id he it further enacted. That the said Com- cars, class and pany shall place first-class cars on said railway, with all the modern improvements, for the convenience and comfort of passengers, and shall run cars thereon during the day and as late as ten o'clock at night, and as often as every fifteen minutes, between west Fifteenth street and the eastern ter- minus of north H street; and in case the said road shall be extended beyond the city limits, on the entire road, or such portions as may be completed, through the day and night, as often as the public convenience and the interests of the Railway Company m^y require: Provided, however. That the carriages or cars thereon shall not make less than eight trips each way per day during six days in each week. Sec. 11. And he it further enacted. That the said Com- ^^P^^s^^ser pany shall provide such passenger rooms, ticket offices, stables, and depots at such points as the business of the railroad and the convenience of the public may require. And said Company is hereby authorized to lay such rails through transverse or other streets or roads as may be necessary for the exclusive purpose of connecting the said^^g^nnecting stables and depots with the main tracks; and the said Com- pany is hereby authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stables, and depots above mentioned. Sec. 12. And he it further enacted, That all articles of value that may be inadvertently left in any of the cars or other vehicles of said Company shall be taken to its prin- cipal depot and entered in a book of record of unclaimed goods, which book shall be opened to the inspection of the public at all reasonable hours of business. Sec. 13. And he it further enacted. That within thirty days after the passage of this act, the corporators named in the first section, or a majority of them, or if any refuse to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said Company to be subscription to opened, and kept open, in some convenient and accessible *^^'** ^^^ * place or places in the city of Washington for a period to be fixed by said corporators, not less than two days; and said corporators shall give public notice, by advertisement in not less than two daily papers published in the city of Washington, of the time when and the place where said 25 per cent of books shall be opened; and subscribers upon said books tot^pTwa'ttimecS the capital stock of the Company shall be held to be stock- ^^^^^^^ing. Lands. Articles left in cars. I J' 86 First meeting of stockholders. Directors. Votes and proxies. Board of di- rectors. Officers. Vacancies. By-laws. Subscription to stock, when to be called in. LAWS RELATING TO STREET-RAILWAY FRANCHISES. holders; Provided^ That no one individual shall be allowed to subscribe for more than two hundred shares of said stock: Provided further^ That every subscriber shall pay, at the time of subscribing, twenty -five per centum of the amount by him subscribed to the treasurer appointed by the corporators, or his subscription shall be null and void. If, at the end of two days, a larger amount than the capi- tal stock of said Company shall have been subscribed, tne books shall be closed, and the said corporators named in the first section shall forthwith proceed to apportion said capital stock among the subscribers pro rata^ and make public proclamation of the number of shares allotted to each, which shall be done and completed on the same day the books are closed: Provided furthe7\ That nothing shall be received in payment of the twenty-five per centum, at the time of subscribing, except money. And when the books of subscription of the capital stock of said Company shall be closed, the corporators named in the first section, or a majority of them, and, in case any of them refuse or neglect to act, then a majority of the remainder, shall, within ten days thereafter, call the first meeting of the stockholders of said Company, to meet within ten days thereafter, for the choice of seven directors, of which pub- lic notice shall be given for five days in not less than two public newspapers published daily in the city of .Washing- ton, or by written or printed personal notice to each stock- holder by the clerk of the corporation. And in all meetings of stockholders each share shall entitle the holder to one vote, to be given in person or by proxy. Sec. 14. And he it further enacted^ That the government and direction of the affairs of the Company shall be vested in a Board of Directors, seven in number, who shall be stockholders, 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, the President being one, shall constitute 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 Treasurer, who shall give bonds, with security, to said Company in such sum as the said Directors may require for the faithful discharge of his trust. In case of a vacancy in the Board of Directors by the death, resignation, or otherwise of any Director, the vacancy occasioned thereby shall be filled by the remain- ing Directors. Sec. 15. And he it further enacted, That the Directors shall have full power to make and prescribe such by-laws, rules and regulations as they shall deem needful and proper respecting 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 city and county of Washington : Provided: That the Directors of said corporation shall have the power to require the subscribers to the capital stock to pay the LAWS RELATING TO STREET-RAILWAY FRANCHISES* 87 amount by them respectively subscribed at such time (after the first installment), in such manner and in such amounts as they may deem proper; and if any stockholder shall refuse or neglect to pay any installments as required by a resolution of the Board of Directors, after reasonable notice of the same, the said Board of Directors may sell at public auction, to the highest bidder, so many shares of his said stock as shall pay said installments (and the highest bidder shall be taken to be the person who offers to purchase the least number of shares for the assessment due), under such regulations as may be adopted in the By-Laws of said cor- poration; or said body corporate may sue and collect the same from any delinquent subscriber in any court of com- petent jurisdiction. Sec. 16. And he it further enacted^ That there shall be an annual meeting of the stockholders for choice of direct- ors, to be holden at such time and place, under such con- ditions, 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 Congress, or to the Secretary of the Interior, and to the stockholders in general meeting. Sec. 17. Andheit further enacted, That the Mayor and Council of said city, and the levy court of said county, and the several officers of these corporations, and the said corporations are hereby prohibited from doing any act or thing to hinder, delay, or obstruct the construction or operations of said railway, as herein authorized. Sec. 18. And he it further enacted. That the said Com pany shall have, at all times, the free and uninterrupted use of the roadway. And if any person or persons shall wilfully and unnecessarily obstruct or impede the passage of, or destroy or injure the cars, depot, stations, or any other property belonging to said Railway Company, the person or persons so offending shall forfeit and pay for each such offence the sum of ten dollars to said Company, to be recovered and disposed of as other tines and penal- ties in said city and county, and shall remain liable, in addition to said penalty, for any loss or damage occasioned by his, her, or their act as aforesaid; but no suit shall be brought unless commenced within sixty days after such offence shall have been committed. Sec. 19. And he it further enacted, That unless said cor- poration shall make and complete their said railway between west Fifteenth street and the eastern terminus of north H street within eight months after the Company shall have been fully organized, then this act shall be null and void, and no rights whatsoever shall be acquired under it; and that the remainder of the said road shall be completed (if commenced) to its proposed terminus in the county of Washington within five years. Sec. 20. And he it further enaxited^ That no person shall be prohibited the right to travel on any part of said road or roads, or ejected from the cars thereof, for any other Forfeiture. Annual meet- ing. Report. ConBtructionof railway not to be hindered. It it il Obstrction of roadway. Completion. J Exclusion from cars. 88 LAWS RELATING TO STREET-RAILWAY FRANCHISES. cause than that of being drunk, disorderly, unclean, con- tagiously diseased, refusing to pay the legal fare exacted, individ„«i r ^""^ ^""^^^Z "^i^}" the general regulations of the Company i.mf^f'tiJit. ^J^-21. A7id be zt further enacted, That each of the stock- holders. holders in the Co umbia Railway Company shall be liable individually for all the debts and liabilities of said Company to an amount equal to the amount of stock held by such stockholder. '^ Reports. 8^0. 22. And he it further enacted, That all the provisions of the act incorporating the Washington and Georgetown Kailroad Company, requiring reports of expenditures, earn- ings, and otherwise, shall be applicable to the Company herein incorporated, which shall make reports as in said act required. ci?u1e^ e a 1 i ng Sec. 23. And he it further enacted. That all acts and parts of acts heretofore passed which are inconsistent with any of the provisions of this act be, and the same are, for the purposes of this act, hereby repealed, so far as the same are inconsistent herewith. June 13, 1898. I AN ACT To authorize the extension eastwardly of the Columbia Railway. Be it enacted hy the Senate and House of Eepresentatvves Extension ^n ?/ ^Ti i "^l- o ^m ''^"^!?^'^^ ^'^ Congress asseinUed, That Bennings road, ^ue L^olumbia Kailway Company, incorporated under an Act of Congress approved May twenty-fourth, eighteen hundred and seventy, be, and it is hereby, authorized to extend its lines and to locate, construct, equip, and main- tain and operate a single or double track railway, and all necessary depots, stations, sidings, switches, and turn-outs, Motive power, and to mn cars thereon propelled by cable, electric, com- pressed air, or other mechanical power, except steam loco- Passengersanaf^^V^V*^!^^ approved by the Commissioners of the Dis- merchandise. trict ot Columbia, and to carry passengers, parcels, milk truck, and merchandise over and along the following routes and roads in the District of Columbia, to wit: Be- ginning at the present eastern terminus of the railway of said company as now laid down and constructed on Ben- ning road; thence along the north side of said road, but outside of the limits thereof, to the western edge or shore hue of the Eastern Branch of the Potomac River; thence over the flats of said branch and over said branch by a wooden trestle bridge to the eastern edge or shore of said branch; thence to a point at or near the intersection of said Bennmg road with the road north of the Baltimore and Potomac Railroad known as the Race Course road- thence along the said Race Course road, but outside its limits, to the Anacostia road; thence along said Anacostia road, but outside its limits, to Watts Creek; thence east across said Anacostia road, and, by proper subway, under- neath the tracks of the Baltimore and Potomac and Balti- more and Ohio railroads, to a point at or near the eastern Route LAWS RELATING TO STREET-RAILWAY FRANCHISES. 89 I! Plans. Cause wa y across flats. corner of the District of Columbia, with a branch from the intersection of said Watts Creek and Anacostia road along Anacostia road, but outside its limits, to its inter- section with the eastern boundary line of the District of Columbia: Provided, That the location of said routes and the plans and specifications for the construction of the said railway lines, depots, and stations shall be subject to the approval of the Commissioners of the District of Colum- bia, and that the said company shall, whenever the flats of the said Eastern Branch shall be reclaimed, construct in the place and stead of the trestle bridge herein provided brid|e"^*°^°* for a permanent structure, to be approved by the Com- missioners of the District of Columbia: And provided fuTther, That overhead trolleys shall not be used on the ^^no^ ^l^^^x lines of the said company farther west on said railroad ifmiteT ^° ^^ ^ than Fifteenth street northeast. That wherever electric power propulsion is adopted upon the extension herein authorized, or on any other portion of the line of said Columbia Railway Company, no portion of the electrical circuit shall be through the earth, but a return circuit of proper capacity and located similarly to the feed- wire To nrevent circuit shall be provided for the electrical current, and that whenever the trolley system is used each car shall be provided with a double trolley, and that no earth connec- tion shall be made with any dynamo furnishing power for the road. The said company is hereby authorized to con- struct a roadbed or causeway on which to lay the tracks of its railway across the flats of said Eastern Branch from the western shore or edge to the channel thereof. Sec. 2. That the main line hereby authorized to a point j^^e of oom- at or near the eastern corner of the Districf of Columbia ^ * shall be completed within one year from the date of the approval of this Act, and the ' branch from said Watts Creek along said Anacostia road shall be completed within two years from the date of the approval of this Act. Sec. 3. That only one fare for a continuous ride over the route described in the company's charter, and over the extensions hereby authorized or any part thereof, shall be charged for each passenger. Sec. 4. That the said company shall have at all times the free and uninterrupted use of the line and tracks hereby au- uni'awftiL thorized, and if any person or persons shall willfully, mis- chievously, and unlawfully obstruct or impede the passage of cars 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 per- son or persons so offending shall forfeit and pay for each such offense a sum not exceeding one hundred aollars, to Penalty, be recovered as other fines and penalties are recovered in said District, and all persons so offending shall remain liable, in addition to said penalty, for any loss or damage occasioned by his or her or their act as aforesaid; but no Fare. Obstruction to free use of tracks li i k 90 LAWS RELATING TO STREET-RAILWAY FRANCHISES. jsuit shall be brought to enforce such fines and penalties or to recover for any such loss or damage unless commenced within sixty days after the ofi'ense shall have been com- mitted. riJhtofwSylSd ^Ep- ^- That the said company shall have the right to land for depots, acquire and obtain the right of way over and through the land on which the aforesaid lines and routes may be located, and to acquire and hold land for necessary depots, stations, offices, store and power houses, and workshops; and in the event that said company shall not be able to come to an agreement with the owners of any land through which the said line and routes may be located, or on which it may be necessary to erect depots, stations, offices, store and piS??^^*"**''^^'^^^ houses, or workshops, proceedings for the condem- nation for the use of the company of so much land as may be required for right of way, not exceeding thirty feet in width, and for the necessary depots, stations, offices, store and power houses, and workshops may be instituted in the supreme court of the District of Columbia under and in accordance with the provisions of sections two hundred and fifty-seven to two hundred and sixty -seven, both in- clusive, of the Revised Statutes of the United States relat- ing to the District of Columbia, being the laws governing the condemnation of lands in said District for public high- Procedure, ways: Prmided^ That it shall be the duty of the marshal of the said District, upon the request of said railway company, to summon all necessary jurors and to exercise the powers and authority conferred upon him by said laws: And pro- vided further^ That the costs and expenses of all such pro- ceedings shall be defrayed by the said railway company. to^SSteSnway'^^®.^^"^"^^^^^^"®^^ ^^ *^^ District of Columbia are au- in 30-foot strip, thorized and empowered to locate the lines of the railway of said company within the said area, thirty feet in width, so to be acquired as aforesaid, north of the present north- Dedication of ern line of said Benning road. In the event that said Ben- BenniSr^adTs ning .I'oad and other roads mentioned in section one shall -''' be widened to a width of ninety or more feet, and further, in the event of any portions of the right of way being in- cluded in highways to be opened in future, then, and in such cases, the said company shall convey to the District of Columbia, for the use of the public, the right of way over the said area of thirty feet in width, subject, however, to the right of the said company to use and occupy the same for the operation and maintenance of its said road. Sec. 6. That the said railway company shall have the right to issue bonds of said company to an amount nec- essary to cover the cost of locating, constructing, and equip- ping the said extended lines of railway tracks and the depots, stations, offices, store and power houses, and work- shops necessary to the proper operation thereof, and to se- cure the same by a mortgage or deed of trust covering its corporate franchises and properties, or such portion thereof as may be necessary for that purpose: Provided^ hoicever^ That the total issue of said bonds shall not in the aggre- widene Bonds. Appeal. LAWS RELATING TO STREET-RAILWAY FRANCHISES. gate exceed the actual cost of the construction and equip- ment hereinbefore authorized; and before any bond or trust deed shall be executed, the amount thereof shall be ascer- tained 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 ^^ the amount of issue: And provided further^ That an appeal may be taken from the decision of said Commissioners to the supreme court of the District of Columbia. And all bonds issued in ex- cess of the amount authorized by said Commissioners or said court, or in violation of the provisions of this Act, shall be null and void. Sec. 7. That the said railway company is authorized and empowered to contract with any railway company owning and operating, or which may hereafter own and operate, any railway connecting or intersecting the extension of the Columbia Railway herein authorized, for the joint use, management, or lease of said extended lines, or either of them, or any part thereof, upon such terms as may be agreed upon between such companies: Provided^ That steam power shall not be used upon any portion of the route named herein which is or may hereafter be in- cluded within the limits of highways, nor west of the present tracks of the Baltimore and Ohio and Baltimore and Potomac railroads: And provided further^ That nothing herein contained shall be construed to prohibit the Con- gress from authorizing any other railroad company own- ing and operating or to own and operate any connecting or intersecting railway to use said extended lines, or either of them, or any part thereof, upon such terms as it may prescribe. Sec. 8. That the rights conferred and the duties and obligations imposed upon said company by its charter, or by subsequent legislation, shall be held to extend and apply to the extensions herein provided for: Provided^ That nothing herein shall be construed to authorize the Columbia Railwa}^ to occupy the right of way of any other company. Sec. 9. That Congress reserves to itself the right to alter, amend, or repeal this Act. Approved, June 13, 1898. 91 Commissioners to fix amount. May make con- tracts with con- necting or inter- secting railways for ioint use of tracks. 'M Steam power not to be used. li Charter priv- ileges extended. JOINT RESOLUTION Extending the time within which certain street Mar. 1. 1901. railroads in the District of Columbia may be constructed. Resolved hy the Senate and House of Representatives of the United States of Amertea in Congress assemUed^ "^^^^ an^* Get?yf bui5 the time within which the Washington and Gettysburg time extended. Railway Company, of Maryland, is allowed to extend its lines into and within the District of Columbia be, and the (. 92 LAWS BELATING TO STEEET-BAttWAY FRANCHISES. Columbia R.R. tr;LS'Sli.f,t£/- *- years W and afte. wav k tJh^i ^'Jf .*™^ '"i*''''' ^'"'^J' *he Columbia Rai]- Approved, March 1, 1901. ft: frlH iiii ' • Is DISTRICT OF COLUMBIA SUBURBAN RAILWAY COMPANY. AN ACT To incorporate the District of Columbia Suburban Railway July 5. 1892. Company. stats. 27, p. 66. Be it enacted hy the Senate and Home of Bepresentatives ^^^^^^^ ^^ ^^ of the United States of America in Congress assemhled,. That lumbia ^Mway Richard K. Cralle, Charles E. Creecy, John T. Mitchell, M. ^^d ^ *^''''" F. Morris, J. W. Denver, L. G. Hine, Gilbert Moyers, S. E. Mudd, Robert A. Howard, W. I. Hill, John W. Childress, J. F. Kennedy, D. W. Glaisse, Harry Barton, Philemon W. Chew, T. C. Daniel, G. P. Davis, Jere Johnson and L. C. Loomis, and their associates successors, and assigns, are hereby created a body corporate by the name, style, and title of "The District of Columbia Suburban Railway Com- pany," 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 corporation is hereby authorized to con- struct and lay down a single or double track railway, as may be approved by the Commissioners of the District of Columbia, with the necessary switches, turn outs, and other mechanical devices, in the District of Columbia, through and along the following routes: Beginning at the dividing line between the District of Columbia and the State of Maryland, on the Bladensburg road, and running thence along the said road so that the outer rail of said railway ^ ' shall not be more than five feet from the eastern boundary of said Bladensburg road, to H. street east; thence west on H. street east to Seventh street east, over the tracks of the Columbia Railroad. Also beginning at the junction of Philadelphia and Twelfth streets in Brookland and running south along Twelfth street; thence by such line as may be authorized by the Commissioners of the District of Columbia to the intersection of Patterson avenue with the Fairview road; thence along the Fairview, Corcoran and Mt. Olivet roads to Twelfth street extended; thence along Twelfth street extended to the junction of Twelfth street east and Florida avenue. Also beginning at the junction of Frankfort and Twenty- fourth streets in Langdon; thence along Twenty-fourth street to Cincinnati street; thence along Cincinnati street to and across Chapel road to Lafayette avenue; thence along Lafayette avenue and in line to Capitol street, Ivy 93 Routes. Bladensburg I Brookland. I Langdon. 94 LAWS BELATING TO STBEET-RAILWAY FRANCHISES. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 95 In Washington. I II City; thence along Capitol street to Mt. Olivet road- thence along Mt. Olivet road to Twelfth street extended ' Also from the intersection of Florida avenue with Twelfth street northeast, to H street northeast, on Twelfth street- thence west on H street over the tracL of thf^lumbk road to Seventh street east; thence south on SevenOi sSeet by single track to G street east; thence west on G street by single tra<=k to First street west; thence by a route to be kid down U the Commissioners of the District of a,ium! bia across New Jereey avenue to the tracks of the Capitol tr^t.^f fhf l^T*'' Washington Eailroad; thence onThe tracks of the last-named road on G street to Fourth street south on Fifth street west, in part over the tracks of the Metropolitan Kailroad, to Louisiana avenue; thence south ^tll'''^/'^K''"^u''^*''''*=K°n Louisiana avenue to a S tobelocated by theCoramissionersof the Districtof cXm bia east of Seventh street west. Returning north-ea^teiTy ?™.V^ T^^iS^^"*'^ ^ ^'^^^ «*••««* ^««t; thence over the ^F^irth ? ^f 'oP^liten Railroad along Judiciary Square to Fourth street west; thence north on Fourth street west by singjle track to E street west; thence east on E street by single track to Eighth street e^t; thence north by sSe t™oLnf^!?''r /""l^* *\^ ^''^^t! thence east over tlie n?^^ of the Columbia railroad to Twelfth street; thence an^f on Twelfth street to Florida avenue: Provided, That all of the routes herein mentioned shall be subiect to fC ™^.L^'b7Jl.r 3X1°* *''^Comn«issioners of the District of Smbiat mtaionei. and those portions of said road between the District line and Floncfa avenue shall be fully constructed before the cars of the said District of Columbia Suburban Raffroad shall be run over any part of the said route within the limfte of the city of Washington ; Whenever a permanent system iLZ^^ ff ^'S^T^^ ''•*." ^*^« been establishef and laid out m the suburban portion of the District contiguous to the route of this railroad, said company shall when required by the Commissioners of the DiW4 ™^uch changes to be made in the location of ite traSsTaW Com missioners shall require in order to make the routeof saTd road conform to such streets and highway system Wher country ™«i^ ever the route of this road coincidelwith thatof a country road the railway shall be constructed along and outsMe S such road Said company shall keep thesBace between its tracks, and two feet outside of its tmcks in such condUion as may be required by said Commissioners. *=^°'*"ion bEC. 2. That said company may run nublic onrrisKroo Mof^e^e. propeHed by cable electee, 'or ofher meTa^crrier- Provided; That if electric wires or cables be nspd ^^tw er^o'Sn'lTntSe Hmits of the city of Washing the wireslhllf be placed underground, and the power used shall be subiect to the approval of the said Commissioners; but nothW Ihi i' f t f ^'»". *11«^ the use of steam power or anrmotof which shall in Its operation cause any noise or other dis- turbance which in the judgment of ^said Commissioners Changes. der city. Crossing!. Terms of use. shall be inimical to the public safety or comfort: Provided fwrthei\ That for the purpose of making a continuous con- nection the said company shall have the right to cross all streets, avenues, and highways necessary for this purpose: ^ Provided, That whenever the foregoing route or routes may coincide with the route or routes of any duly mcorporated^^^^^^c^**^^*^ street railway company in the District of Columbia the tracks shall be used by both companies, which are hereby 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 (Jolumbia, 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 so to use and enjoy the track of such other street railway company, and the amount and manner of compensation to be paid therefor: Andprovided further. That neither of the companies using such tracks 'in common shall be permitted to make the track so used m common the depot or general stopping place to await pas- sengers, but shall only be entitled to use the same for the ordinary passage of its cars, with the ordinary halts for tak- ing 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 corpora- tion shall construct and 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 deter- mined summarily upon the application of either road to any court in said District having competent jurisdiction. Whenever more than one of the tracks of said railway shall be constructed on any of the public highways in the . District, the width of space between the tracks shall not exceed four feet, unless otherwise ordered by the Commis- sioners of the District of Columbia. Sec. 3. That said company shall receive a rate of fare not exceeding five cents per passenger for any distance on its route within the District of Columbia, and the said company may make arrangements with all existing railway companies in the District of Columbia for the interchange of tickets in payment of fare on its road: Provided, That within the District limits six tickets shall be sold for TicJcets. twenty -five cents. i /ij. Sec. 4. That said company shall, on or before the faf- teenth of January of each year, make a report to Congress, .1 Repair. H Fare. Annual report. i Taxes. : , III 96 LAWS BELATINa TO STBEET-BAILWAT FEANCHISE8. . through the Commissioners of the DistriVf nt o^i u- operate as a forfeitiirrn/ /m ' i? . ^^'^"';^. ^^^" ^^ '^^self to .be i>L,ic. oiTShSMi S^teErta;," « and property of soiH nr»rr.r!o ""'V'^f^^®? ana the franchise thereof, as now p.oS byTawtnhe safe o? ff,^'«*»«"«" erty for taxes; and said four per centum o? ?fl^®'" P^'^'P" mes sha I be in liennf „,i'^l*^"'-"'"<*^ its gross earn- taxes upon its proMrtvutdlnl'"; '^'^f"'^^^ ot personal go^"ma'terlt^?d^ra^SSatan ,'^ '■'''^'^''^ «* with the rails of the most aDor^vpdLff *^?'*^'^ °*''°«'' by the Commission's of tr''J^trDX'l;°.''-J'PP''"^«'* even surface with the pavement Se street 'an'd'^h?"" ''" be bound to keU 'aidfra^kT^'l'^^ hereb/created shall beyond the outer raHsWnV»^°'i the space of two feet the\^ks atln Sstrgood'oS^^^ nip-hways throup-h whiVh if rS. "^"er as the streets and of the siid Sis^Sners S^,*'"^^^'^* to the approval States or to the Set of ci umbia P""'" *" *'^' "^"''^^ Gradeof Street Sim Y TKof «^4.u* .'-'^ vy^umoia. ■"^"^'---•trictof CokmMaat'afv'ti^^f 'f'-/^«'l.P'-«^«»* the Dis- the giJ^Z othervviseLn^^ •** its option, from altering Construction, Paving. LAWS BBLATINGh TO STREET-RAILWAY FRANCHISES. 9T trenches and excavations in any of said streets, or places where said corporation may have the right to construct and operate its road, and place in such trenches and exca- vations all needful and convenient devices and machinery for operating said railroad in the manner and by the means aforesaid, subject to the approval of the said Com- missioners. But whenever such trenches or excavations shall interfere with any sewer, gas, or water pipes, or any subways or conduits, or any public work of the kind which has been ordered by the Commissioners, then the expense necessary to change such underground construction shall be borne by the said railway company: Provided^ That wherever the railroad shall be built along any road, the . space between space between the inner rail of said railroad and the road- ISadway. way shall be graded and put in good order for public use at the expense of the company and subject to the approval of the Commissioners of the District of Columbia : Pro- vided also, That the construction of said railroad on any water mains, street where there are or may be any mains, fixtures, or ®^- apparatus pertaining to the Washington Aqueduct shall be subject to such conditions as may be approved by the Secretary of War, which conditions must be obtained and be accepted in writing by said company before commencing any work on such street; and no steam cars, locomotives, or passenger or other cars for steam railroads shall ever be run on the tracks of said company over any such main, fixture, or apparatus. The said railroad shall be subject to the requirements of section fixteen of the act of Congress approved February twenty-eighth, eighteen hundred and ninety -one, entitled "An act to incorporate the Washing- ton and Arlington Railway Company of the District of Columbia." Tne said company shall, before commencing ^j^Deposit, for work on said railroad on sucn street, deposit with the Treas- urer 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 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 Sec- retary of War may deem 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, That the said sum shall be disbursed like other moneys appropriated for the Wash- ington 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 com- pany on the order of the Secretary of War, with an ac- 16400—05 7 \^ etc Speed. n ' -'idf I I > 98 LAWS RELATING TO STBEET-RATLWAY FBANOHISES. count of its disbursement in detail: And provided also. That disbursements of said deposits shall, except in cases of emergency, be madeonlv on the order of the Secretary of War. The exercise of the rights by this act gmnted are to terminate at the pleasure of the Secretary of War in case of persistent neglect by said company, or by its successors, to make the deposits, or to comply with any of the condi- tions, requirements, and regulations aforesaid. Enginehooaes. Sec. 9. That it shall also be lawful for said corporation, its successors or assigns, to erect and maintain, at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said corpo- ration and subject to the approval of the said Commission- ers, an engine house or houses, boiler house, and all other buildings necessary for the successful operation of a cable- motor, electric, pneumatic, or other railroad. Sec. 10. That it shall not be lawful for said corporation, its successors or assigns, to propel its cars over said rail- road, or any part thereof, at a rate of speed exceeding that which may be fixed from time to time by the said Commis- sioners, and for each violation of this provision said gran-, tees, their successors or assigns, as the case may be, shall be subject to a penalty of fifty dollars, to be recovered in any court of competent jurisdiction at the suit of the Com- missioners of the said District. a^diS^^pfeur S^^- 11. That the line of said railway company shall be commenced within six months and completed within two years from the passage of this act, otherwise this act shall be of no effect. Sec. 12. That said company is hereby authorized to issue its capital stock to an amount not to exceed two hundred and fifty thousand dollars in shares of one hundred dollars each. Said company shall require the subscribers to the capital stock to pay in cash to the treasurer appointed by the corporators the amounts severally subscribed by them as follows, namely: Ten per centum at the time of sub- scribing and the balance of such subscription to be paid at such times and in such amounts as the board of direct- ors may require; excepting that fifty per centum shall be Eaid in within twelve months, and no subscription shall e 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 reasonable notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his stock as shall pay said instalments, 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 con- ducted under such genei-al 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 Capital stock. LAWS EELATING TO STEEET-RAILWAY FBAN0HI8ES 99 corporation may sue and collect the same from any delin- quent subscriber in any court of competent jurisdiction. Sec. 13. That within thirty days after the passage of this act the 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 subscriptions to the capital stock of the company: Provided^ That every sub- scriber shall pay at the time of subscribing ten per centum of the amount by him subscribed to the treasurer appointed by the corporators, or his subscription shall be 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 estab- lished national bank. And when the books of subscrip- tion 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 within ten days thereafter for the choice of directors, of which public notice shall be given for five days in two daily newspapers published in the city of Washington, and by written personal notice to be mailed to the ad- dress 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 : Provided^ That it shall be unlawful for the company hereby incorporated to consolidate with any other railroad company now in existence, or which may hereafter be char- tered, and any such consolidation shall of itself operate as a forfeiture of this charter. Nor shall the charter or fran- chise herein granted be sold or transferred to any company or person until the road shall have been fully constructed. Sec. 14. That the said company shall place first-class cars on said railways, with all the modern improvements for the convenience and comfort of passengers, and shall run cars thereon as often as the public convenience may require; the time table or schedule of time to be approved by the said Commissioners of the District of Columbia. Sec. 16. That the company may buy, lease, or construct such passenger rooms, ticket offices, workshops, depots, lands, and buildings as may be necessary, at such points on its line as may be approved by the saia Commissioners. Sec. 16. That all articles of value that may be inadvert- ently left in 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. Meetings to re- ceive subscrip- tions. Ten per cent shall be paid at time of subscrib- ing. First meeting of stockholders. Consolidation with other roads forbidden. Sale. i Cars. T Schedule. Passenger rooms, etc. Articles left in cars. ii ■) ' I 100 LAWS RELATING TO STREET-RAILWAY FRANCHISES. Board of direct OTS. Officen. Vacancies. By-laws. m Annual ing. Report meet Obstruction of roadway. M ■ Crossihgs. Sec. 17. That the government and direction of affairs of the company shall be vested in a board of directors, nine m 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 shall be a quo- rum) 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 treasurer, who shall give bond with surety to said company in such sum as the said directors mav require for the faith- ful discharge of his trust. In the case of a vacancy in the board of directors by the death, resignation, or otherwise, of any director, the vacancy occasioned thereby shall be hlled by the remaining directors. Sec. 18. That the directors shall have the power to make and prescribe 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. 19. That there shall be at least an annual meeting of the stockholders for choice of directors, to be holden at such time and place, 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. 20. That the said company shall have at all times the free and uninterrupted use of its roadway, and if any person or persons shall willfully, mischievously and unnec- essarily obstruct or impede the passage of cars of said rail- way company with a vehicle or vehicles, or otherwise, or m any manner molest or interfere with passengers or oper- atives while in transit, or destroy or injure the cars of said railway or depots, stations, or other property belonging to said railway company, the person or persons so offending shall forfeit and pay for each such offense not less than twenty-five nor more than one hundred dollars to said com- giny, to be recovered as other fines and penalties in said istrict, and shall remain liable, in addition to said pen- alty, for 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. 21 That the said District of Columbia Suburban Kail way 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 in a manner to be approved by the Commissioners of the Dis- trict: Provided, That it shall not interrupt the travel of such other railways in such construction. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 101 Sec. 22. That no person shall be prohibited the right to f^^^^^^^^^n travel on any part of said road or ejected from the cars by the company's employees for any other cause than that of being drunk, disorderly, unclean, or contagiously diseased, or refusing to pay the legal fare exacted, or to comply with the lawful general regulations of the compan3^ Sec. 23. That this act may at any time be altered, ^^"^endment. amended, or repealed by the Congress of the United States. Sec. 24. That in the event thatthe company should not be Landrequired. able to come to an agreement with the owner or owners of any land through which the said road may be located to pass, proceedings for the condemnation for the use of the company of so much of said land as may be required, not exceeding one hundred feet in width, may be instituted in the usual way in the supreme court of the District of Colum- bia, under such rules and regulations as said court may prescribe for such purposes. Approved, July 5, 1892. EAST WASHINGTON HEIGHTS TRACTION BAILEOAB June is. im. COMPANY. AN ACT To incorporate the East Washington Heights Traction Rail- road Company in the District of Columbia. Be it enacted hy the Senate and House of Representatives corporators. of the United States of America in Congress asse^nbled', That James G. Berret, Archibald M. Bliss, George S. Boutwell, WilHam Corcoran Hill, Brainard H. Warner, John A. Baker, Samuel Cross, T. E. Roessle, William H. Rapley, John T. Devine, Chester A. Snow, Charles T. Havenner, Charles A. Barker, Henry P. Blair, Charles L. Du Bois, W. N.Morrison, Appleton P. Clark, junior, Henry Brock, C. C. Lancaster, George H. Judd, D. C. Fountain, Thomas E. Young, Phillips Clark, Thomas J. Brown, R. F. Brad- bury, Henry Nay lor, all of Washington, District of Colum- bia; Albert W. Fletcher, Chauncey Marshall, William B. Duncan, junior, Edward C. Potter, Jacob J. Leeds, Edward H. Claris, J. P. Livingston, of New York City; ErwinC. Carpenter, James S. Dyett, of Rome, New York; Arthur Mahoney, of Brooklyn, New York; Philemon L. Hoadley, of Newark, New Jersey, and their associates and assigns, be, and they are hereby, created a body corporate under the name of the East Washington Heights Traction Rail- road Company of the District of Columbia, 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 corporation is hereby authorized to construct and lay down a single or double track street railway, with the necessary switches, turn-outs, and other mechanical devices, in the Dis- trict of Columbia, through and along the following routes: it l^i f l# . 1 102 LAWS RELATING TO 8TBEET-BAILWAY FRANCHISES. Boute. I II Beginning at the circle at the western approach to the Pennsylvania Avenue Bridge, at a point to be fixed by the Commissioners of the Districtof Columbia: Provided, That this terminus be constructed in accordance with plans to be approved by the Commissioners of the District of Colum- bia, with a loop or passenger station, or both, as may be considered by them necessary for the interests and con- venience of the public; thence across the Anacostia or East- ESif^B.SJch'f'? ^/"^Ift «f the Potomac River, on a bridge or trestle to be built by the said company in accordance with plans to be approved by the Secretary of War; thence along Penn- svlvania avenue extended to Branch avenue; thence along Branch avenue to the Bowen road or Albany street; thence along the Bowen road or Albany street to the settlement known as Good Hope; also from the intersection of Branch avenue and the Bowen road to the District line, by a route to be approved by the Commissioners of the District of Columbia; also from the intersection of Minnesota avenue with Pennsylvania avenue extended along Minnesota ave- nue to Harrison street; also from the intersection of Penn- sylvania avenue extended and Twenty-eighth street north- ward to the Anacostia road; thence along said Anacostia road to a point to be fixed bv the Commissioners of the District of Columbia opposite the settlement known as East Washington Park. Qaxm^%^^^ 1 ^^^' ^* That when the route described coincides with that of a country road of less width than sixty-six feet the railway shall be constructed entirely outside the road: Pro- mded. That if at any time in the future any part of the right of way of the company shall be included within the lines of public highways, such part of said right of way shall be dedicated to the public without expense to the District of Columbia. Sec. 3. That the said railway shall be constructed in a substantial 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. cemtotoa^ks?*' ,^^^' ^' '^h^*' *h® said corporation shall at all times keep the space between its tracks and rails and two feet exterior thereto in such condition as the Commissioners of the Dis- trict of Columbia or their successors may direct; and when- ever 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, bhould the 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 sec- tion five of the Act entitled "An Act providing a per- manent form of government for the District of Columbia " approved June eleventh, eighteen hundred and seventy- Dedication. Appliances. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 103 Sec. 5. That nothing in this Act shall prevent the Dis- trict 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, ave- nues, 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. 6. That it shall be lawful for said railway company, its successors or assigns, having first obtained the permis- sion of the District Commissioners therefor, to naake all needful and convenient trenches and excavations in any of said streets or places where said railway companv 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 water pipes, or any subways or conduits, or any public work of the kind, then the expense necessary to change such underground con- structions shall be borne by the said railway company. Sec. 7. That it shall also be lawful for said corporation, its successors or assigns, to erect and maintain, on private grounds, at such convenient and suitable points along its fines 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 the said railroad. Sec. 8. That the line of the said railroad shall be com- menced within one year and completed within two years from date of the passage of this Act; and in default of such commencement or completion within the time in this sec- tion specified, all rights, franchises, and privileges granted bv thisActshall immediately cease anddeter^line;P/'(w^<^- ■peed. e!o. lumbia may make such regulations as to the »peed, mode of use of tracks, and the removal of ice and snow as in Time-table. LAWS BELATING TO STREET-RAILWAY FRANCHISES. 106 their judgment the interest and the convenience of the pub- lic may require. Should the servants or the agents of said company willfully or negligentlv violate such an ordinance or regulation, said company shall be liable to the District of Columbia for a penalty not exceeding five hundred dollars. Sec. 12. That within thirty days after the passage of this Act the 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 subscnptions to the capital stock of the company: Provided^ That every sub- scriber 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 null and void: Provided further^ That nothing shall be re- ceived in payment of the ten per centum at the time of subscribing except lawful monej^ 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 after, call the first meeting of the stockholders of the said com- pany to meet within ten days thereafter for the choice of directors, of which public notice shall be given for ^yq days in two daily newspapers published in the city of Wash- ington, and by written personal notice to be mailed to the address of each stockholder by the clerk of the corpora- tion; 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. 13. That the government and direction of affairs of the company 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 shall be a quo- rum, 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 case of a vacancy in the board of directors by the death, resignation, or otherwise of any director the vacancy occasioned thereby shall be tilled by the remaining directors. Sec. 14. That the dii-ectors shall have the power to make and prescribe 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 Penalty. Oiganization. \% Directors. Officers. By-laws. I'M iW i i 106 LAWS RELATING TO STREET-RAILWAY FEANCHISES. : -If I § Annual ing. meet Capital stock Bonds. Lost articles. Franchise tax. Real estate. laws of the United States and the ordinances of the District of Columbia. Sec. 15. That there shall be at least an annual meeting of the stockholders for choice of directors, to beholden at such tune m the District of Columbia, under such condi- tions, 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 theirdoings to the stockholders. Sec. 16. That said company is hereby authorized to issue its capital stock to an amount not to exceed the esti- mated 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 re- quire the subscribers to the capital stock to pay in cash to the treasurer appointed by the corporators the amounts severally subscribed by them, as follows, namely: Ten per centum at the time of 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 sub- scription shall be deemed valid unless the ten per centum thereof shall be paid at the time of subscribing, as here- inbefore 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 reason- able notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his stock as shall pay said installments, and the person who offers to purchase the least number of shares u?L 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 the 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 certi- ficates of stock shall be issued until the same has been paid for in money at its face value. Sec. 17. That all articles of value that may be inadver- tently left in 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. 18. That the East Washington Heights Traction Company shall annually pay to the District of Columbia a franchise tax of five-eighths of one per centum of the entire gross earnings of such company, and a personal tax of two per centum per annum on the entire gross earnings of said company. There shall also be levied and collected upon all of the real estate of said company a tax in the same manner and to the same extent as upon all other real LAWS RELATING TO STREET-RAILWAY FRANCHISES. 107 estate in the District of Columbia; said taxes shall be due and payable, subject to the same penalties on arrears, and collectible in the same manner as other taxes in the Dis- trict of Columbia. Sec. 19. That said company shall receive a rate of fare ^are. not exceeding five cents per passenger; but six tickets shall be sold for twenty-five cents: Provided^ That the said company and the Capital Traction Company are hereby required to issue free transfers, whereby a passen- Free transfers, ger on the said East Washington Heights Traction Com- pany shall be entitled to a continuous ride over the line of the other company, or vice versa. Sec. 20. That the said company shall have at all times ^J^^^use of the free and 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 im- pede the passage of cars 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-five 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, for any loss or damage occa- sioned 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. 21. That the East Washington Heights Traction ^^^ghtof^way Company shall have the right of way across such other lines, railways as are now in operation within the limits of the lines granted by this Act, and is hereby authorized to con- struct its said road across such other railways: Provided^ That it shall not interrupt the travel of such other rail- ways in such construction. Sec. 22. That no person shall be prohibited the right to^^ection from travel on 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 lawful general regulations of the company. Sec. 23. That in the event the company should not be Right of way. able to come to an agreement with the owner or owners of any land through which the said road mav be located or pass, or which may be needed for terminal facilities and passenger stations, proceedings for the condemnation for^j^^"^®™***- the use of the company of so much of said land as may be required, not exceeding twenty feet in width for a right of way, and such tracts as may be necessary for terminal facilities and passenger stations, may be instituted in the usual way in tne supreme court of the District of Colum- bia, under such rules and regulations as said court may III ti 111 li. I J' 108 i f Plans. Successors. Deposit to guarantee con- struction. Penalty clause Forfeiture charter. LAWS RELATING TO 8TREET-BAILWAY FRANCHISES. prescribe for such purposes: Provided, That any property owner shall have the right of trial by jury in such issue. Sec. 24. That all plans of location and construction of tracks and other structures in public places pertaining to said railway shall be subject to the approval of the Com- missioners 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 the col- lector 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 pave- ment, and work not otherwise provided for, which may be made necessary by the location or grade of said railway. Any unexpended balance remaining after the construction of said road shall be returned to said company with an account in full of the disbursement of such deposits. Sec. 25. That all the conditions, requirements, and obligations imposed by the terms of this Act upon the East Washington Heights Traction Company shall be com- plied with by any and all the successors to and assigns of said company. Sec. 26. 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 pre- scribed 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. Sec. 27. That failure or neglect to comply with any of the provisions of this Act, except as hereinbefore provided for, shall render the said corporation liable to a fine of twenty -five dollars for each and every dav during which such failure or neglect shall continue, which penalty may be recovered in the name of the District of Columbia by the Commissioners of the said District in any court of of competent jurisdiction: Provided, hmvever, That unless the line of the said railway shall be completed, with cars running regularly thereon for the accommodation of pas- sengers, within two years from the date of the passage of this Act, this charter shall be null and void. Sec. 28. That Congress reserves the right to alter, amend, or repeal this Act. Approved, June 18, 1898. April 30, 1900. ^^ ^Qrp T^j amend the charter of the East Washington Heights Trac- tion Railroad Company. Be it enacted hy the Senate and House of Representatives ofths United States of Am^frica in Congress assembled. That the charter of the East Washington Heights Traction Rail- LAWS RELATING TO STREET-RAILWAY FRANCHISES. road Company, of the District of Columbia, be, and the same is hereby, amended so as to authorize and permit the said company to lay down its tracks and operate its cars from its present authorized terminus at the western ap- proach to the Pennsylvania Avenue Bridge, as provided in section one of the Act of incorporation; thence north on Seventeenth street east to East Capitol street; thence west on East Capitol street to Fifteenth street east, con- necting with the Metropolitan Railway; also from the intersection of Minnesota avenue and Harrison street thence westerly on Harrison street to Pierce street; thence southerly on Pierce street to Jackson street; thence west- erly along Jackson street to Monroe street; also north- ward on Minnesota avenue as laid down on the highway- extension plans, to connect with the Columbia Railway at Benning, over a route and at a point acceptable to and ap- proved by the Commissioners of the District of Columbia. Sec. 2. That the time within which the East Washington Heights Traction Railroad Company is required to com- plete and put in operation its railway be, and the same is hereby, extended for the term of two years from the eight- eenth day of June, nineteen hundred: Provided^ That if within two years from the date of the passage of this Act the Washington and Marlboro Railroad Company shall build its lines into and within the District of Columbia, then said company shall have the right to use such of the routes in this Act provided for as may coincide with the route provided for m the charter of the said Washington and Marlboro Railroad Company. Sec. 3. That Congress reserves the right to alter, amend, or repeal this Act. Approved, April 30, 1900. 109 Routes extend- ed into city. To connect with Metropoli- tan Railway. To connect with Columbia Railway at Ben- ning. Time extended. Washington and Marlboro. mk AN ACT To extend the time for the construction of the East Wash- July 1.1902. ington Heights Traction Railroad Company. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That Time extended, the time within which the East Washington Heights Trac- tion Railroad Company is required to complete and put in operation its railwav be, and the same is hereby, extended for the term of twelve months from the eighteenth day of June, nineteen hundred and two: Provided, That the said ^^JJ^^^^^en railroad company is authorized and empowered to extend vania Avenue its lines by single track across the Pennsylvania avenue ^^^®- bridge to connect with the eastern terminus of the Capital Traction Company, under such conditions as the Commis- sioners of the District of Columbia may prescribe, the plans and specifications to be approved by and the con- struction to be under the supervision of the Commissioners ^^ ^^^ ^^^ of the District of Columbia, and the said railway company half cost of main- shall bear one-half of the cost of maintenance and repair {Sr.°^^ ^^ ^ ) \\ ifi 110 LAWS BELATING TO STBEET-RAILWAT FRANCHISES. pf said bridge in like manner and under the same condi- tions as are now provided by law as to bridges across Rock Creek occupied by the tracks of street railways. or re^i m^'A^"^'''' ''''''^ *^ "^^* *° ^^'^'' ^^-'^^ Approved, July 1, 1902. ed I: ^^""■'"^ AN ACT To extend the time for «,mpletion of the East Washmgton Heights Traction Railroad Company. '"^""» «/-Mtfew i*? f^^'^cainCongre8saM^hled, That Time extend- the time Within which the East Washington Heights Trac- ^1°.^ *?f^ Company is required to complete and put in Zf^i'? '^ i^ilway be, and the same hereby is, extended i«i«e. Act- AW.^ eighteen months from the passage of this Act. riomded, That failure to complete any portion of the routes as provided in the charter of siid^ company within the tune herein limited shall opemte to repeaf thi c.nnect.n»"LTf *^***' ^f^^ ^"''^ P"""""" and" shall not re^al the coVpSS/^'iSf charter of said company; and that any connecting com- pany may lease or purchase the portion of said routes wbch IS completed withm the said eighteen months. or^rejeai thKt."^'"'''' "''"*' *'' "^'^^ "^ ''*^'' «"«°rith an account of their disburse- ment m det^ih And jyrovid^ also. That disbursements of said deposits shall, except in case of emergency, be made only on the order of the Secretory of War. The exercise of the rights by this act granted are to terminate at the pleasure of the Secretary of War in case of persistent neglect by said company, or by its successors, to make the deposits, or to comply with any of the conditions, require- ments, and regulations aforesaid, increase of Sec 2 That Said Company is authorized to increase its capitol stock three hundred thousand dollars for the pur- pose of enabling it to extend and equip its line as provided m this act, and to redeem bonds issued to take care of present indebtedness incurred in building and equipping the road already constructed, and no additional bonds shall ^^issued by said company without special authority of menra^d'Soi^ .^.^c. 3. That unless said extensions are commenced Extended}!' "^^'i^''^ three months and th(. cars run thereon within one year from the passage of this act, except as otherwise ex- n. ^ M pressly provided for, the authority herebv granted shall construction, be void : PrMd That said railroad sha/bfconstruc^^^^^^ on such grade and in such manner as shall be approved bv the Commissioners of the District of Columbia An.endn,ent. Sec. 4 That Congress reserves the right to alier, amend, or repeal this act. ' Approved, July 5, 1892. !, ''^^•^^'^^^- ^^ ^^ To amend the charter of the Eckington and Soldier's Home Stats. 27, p. 444. Kail way Company of the District of Columbia. n^^h ^'^•f^^^'i ^y the Senate and ffmise of Bepresentatives Eckineton and XA^ ,, "^^f ff <^^^^^« ^^ Cougvess o^semUed, That ^^l^e 15^ act to amend the charter of the Eckington and Soldier's %VS^e over^l^'"? /^*»W Company approved April thirtieth, anno h^ wLes until J^omini eighteen hundred and ninety, is hereby amended by substituting the word -five" for the word -three" in the last line of said act. And that the act to amend the charter of the Eckington and Soldier's Home Railroad Com- pany, approved July fifth, eighteen hundred and ninety- Extension to^^'lc/K^:^^^*^ L*^^^^!^ ^'"u^ ^°'^'**^"^ ^» P^^^^ ^^Ireof the street. NE. that Until C and D streets shall have been paved and pro- vided with sewers to Fifteenth street the company s^all LAWS RELATING TO STREET-RAILWAY FRANCHISES. 121 not be required to construct its road beyond Thirteenth street, and that said company shall have authority to make connection with D street from C. street through and along ^ Thirteenth street northeast." And in the fourth ][)roviso by striking out the word " horse " and inserting in lieu ^Hot^e^ power thereof the word ''steam," so that the proviso will read, Provided, That steam power shall not be used on said line for traction purposes, and that, if electric wires or cables are used to propel its cars over any of the routes hereby authorized within the limits of the city of Washington, the same shall be placed under ground." And in section three, by striking out the words "one^^Tij^^e^/or^con- year," and inserting in lieu thereof the words " two years," tended, so that the section, as amended, will read '*That, unless said extensions are commenced within three months, and the cars run thereon within two years from the passage of this act, except, as o.therwise expressly provided for, the author- ity hereby granted shall be void: Provided, That said railroad shall be constructed on such gmde and in such manner as shall be approved by the Commissioners of the District of Columbia." Approved, February 13, 1893. Construction. AN ACT To amend an act entitled "An act to incorporate the Wash- August 23, 1894. ington and Great Falls Electric Railway." (Also amending the stats. 28, p. 492. charter of the Eckington and Soldiers' Home Railway Company.) * * * * » Sec. 5. That the Act to amend the charter of the Eck- sowiera^ ^Some ington and Soldiers' Home Railway Company, approved ^•^•<^«- July fifth, eighteen hundred and ninety-two, is hereby amended by striking out in Section one, beginning in line ecu °^^ *°'^''**" six with the words, " Beginning at the intersection of" to and including the words "point of beginning" in line twenty-nine, and inserting in place thereof the following: Beginning at the intersection of Fifth and G streets northwest, east along G street to New Jersey avenue and First street; thence south along First street northwest to C street northwest; thence east along C street (around the south side of Stanton Square by single track) to Fifteenth street northeast; thence north on Fifteenth street to D street northeast; thence west on D street to Fourth street northeast; thence south on Fourth street to C street north- east; thence west on C street to New Jersey avenue; thence north on New Jersey avenue to D street northwest; thence west on D street to First street, and to the point of begin- ning; also beginning at the intersection of G street north- west and New Jersey avenue, thence across New Jersey avenue to and along G street to North Capitol street, thence north on North Capitol street to New York avenue, con- necting with the main line and the North Capitol street branch; also beginning at the intersection of G and Fifth 122 LAWS BELATING TO 8TBEET-EAILWAY FRANCHISES. streets northwest; thence south on Fifth street to Louisi- ana avenue, thence along Louisiana avenue to Sixth street west; thence south along Sixth street to B street north- west; thence west on B street (over its own tracks for such a distance as the Commissioners of the District of Columbia shall determine) to a point to be located by the said Dis- trict Commissioners near the east curb line of Seventh street northwest, and returning by the same route to Fifth street northwest. stockincreased. ^^^^ ^y inserting in Section two after the word " hun- dred" the words, "and fifty." Timeextended. ^ig^ ^^ inserting in Section three, as amended, after the words ''two years" the words, "and three months." Sec. 6. That Congress reserves the right at any time to alter, amend, or repeal this Act. Approved, August 23, 1894. Amendment. June 10, 1896. AN ACT To extend the routes of the Eckington and Soldiers' Home l^ilway Company and of the Belt Railway Company, of the District of Columbia, and for other purposes. Be it enacted hy the Senate and house of Representatwes of the United States of America in Congress assembled. That 8oM?e^^Home^'^^.^'^ **^^^^^^^^*,^« f'*??! ^b^ passage of this Act the R. R. Co. HiCkmgton and Soldiers' Home Railway Company, and the Belt Railway Company, both of the District of Columbia, respectively, shall begin to equip those portions of their respective lines which are situated within the boundaries wa^*" fr^ m^otorl ^1^^^ ^^*7 f Washington with compressed-air motors. If within threeafter atrial of three months the said compressed-air motors shall, in the judgment of the Commissioners of the District of Columbia, prove to be in all respects a proper and satis- factory motive power for the speedy and convenient pro- pulsion of street cars, then the said Commissioners are hereby authorized and directed to issue to the said railway companies, respectively, permits to equip their lines within the District of Columbia with such compressed-air motors* and within six months from the passage of this Act the Shall cease use said railway companies shall cease to use horsepower on w i x^^ ^ Tf X any and all of their respective lines. In the event that the months. said compressed-air motors shall not be approved as herein provided for, then within eighteen months from the passage of this Act the said companies, respectively, shall con- grfuXs?em'£stf"^'t and put into full operation on all their lines in the \ m?tS^" provi J ^ . Washington the underground electric system. No unsatisfactory, extcusion of any of the lines in this Act provided for no?toblS:^on2!;^^l be Operated by horsepower: And provided further, extensions. Ihat Within thirty days from the passage of this Act cars shall be regularly run over the existing tracks, beginning at the intersection of G street and New Jersey avenue thence across New Jersey avenue to and along G street to stSt^LS^reJ^^j;.^^ 5^^P^«1 street, thence north on North Capitol street be operated. to 1 Street, according to a schedule satisfactory to the LAWS RELATING TO STREET-RAILWAY FRANCHISES. 123 Commissioners of the District of Columbia. Neglect or failure to comply with the provisions of this section shall subject the corporation so neglecting or failing to a penalty of fifty dollars for each and every day during which such failure or neglect continues, said penalty to be recovered by the Commissioners of the District of Columbia in any court of competent jurisdiction. Sec. 2. That the Eckington and Soldiers' Home Railway Company of the District of Columbia be, and the sanae hereby is, authorized to lay down and operate a street rail- way in the city of Washington, District of Columbia, through and along the following-named streets and ave- nues, to wit: , Tj. t • ^n Beginning at the junction of Eighth and D streets north- EighTr8?rert east; thence by double track south along Eighth street to east, etc. C street south; thence by single track as follows: west on C street south to Seventh street east; thence south on Sev- enth street east to M street south; thence east on M street south to Georgia avenue; thence northeast on Georgia avenue to Ninth street east; thence north on Ninth street east to C street south; thence west on C street south to 'R'icyhth sf'reet' east Sec. 3. That said Eckington and Soldiers' Home Railway ^t^^^«"a8e of Company is authorized to increase its capital stock or to Bonds, issue bonds for such amounts as may be necessary to pay th^ actual cost of constructing and equipping the extensions hereinbefore authorized: Provided, That the question as to the amount to be provided for in connection with such extension and the method of providing for the same, whether by issuance of stock or bonds, shall be decided by a majority in value of the stockholders at a meeting to be called for the purpose after reasonable notice; and authority is hereby conferred upon said company, in case of issuance of bonds, to make due conveyance of its cor- porate franchises and property for the purpose of securing the same: Provided, however. That any such conveyance by way of mortgage shall be subject to the prior lien al- ready created by deed of trust dated June first, eighteen hundred and ninety-one, and recorded in liber fifteen hun- dred and eighty, folio three hundred and twenty-seven and following, of the land records of the District of Columbia, which conveys all the real estate and franchises of said railroad, as well as the line of said railroad now existing and such additions thereto at any time made, located, extended, or constructed: And provided, That said Eck- ington and Soldiers' Home Railway Company shall not issue limited to have its stock and bonds outstanding at any one time to S ^'and^'SlSp- a greater amount than the actual cost of the construction ment. and equipment of said railway; which actual cost shall be ascertained by the supreme court of the District of Colum- bia in such manner as the said court shall prescribe. Sec. 4. That the Belt Railway Company of the District of Columbia be, and the same hereby is, authorized to lay down and operate a double-track railway, with the neces- 1 1 fill Extension of Belt Ry. to Le Droit Park. Extension on Water street. Cknnpletion. s 124 LAWS BELATING TO 8TBEET-EAILWAY FBANCHISE8. 9 T?SrtT'^f*'n f^^ *^^^-«^^' in the city of Washington, District of Columbia, through and along the following- named streets and avenues, to wit; n.^h^'"'''^ at Fourth and O streets northwest; thence n^^^ ""^ • ''1^ ^^5^^* ^^^^ ^ ^1^"^^ avenue; thence north crossing Florida avenue to Harewood street thence along Harewood street to Elm street; thence west along *.lm street to Linden street; thence north on Linden street «^«f k^-m"?^ street; thence west on Pomeroy street to the east buildmg line of Seventh street west extended. Also beginning at the present terminus of the Belt Rail- 7]7JV\''^\ street, near N street south; thence south along Water street to P street south by an extension of the present tracks of the Belt Railway ; thence by further exten! sion of said tracks east along P street south to Delaware avenue: Provi^d, That if there is not sufficient room for two tracks on Water street without encroaching on tracks already there, that the said Belt Line Rail waf Company shall purchase, at ite own cost, sufficient ground to open Water street from the terminus of its line as now located along said projected route to P street. bEC. 5. That the construction of the extensions herebv authorized sha 1 be completed within one year after the approval of this Act: I^r<,vided, That in case anv one or more of the said extensions shall not be completed and operated regularly within the time specified, then so much «LliK ^^.t a^ , authorizes such uncompleted extensions shall be void and of no effect. Sec. 6 That said Belt Railway Company is authorized to increase Its capital stock or to issue bonds for such amounts as may be necessary to pay the actual cost of constructing and equipping the several extensions hereinbefore author- ized: Pm^^(^, That the question as to the amount to be S^^ /'''' m connection with each extension and the method of providing for the same, whether by issuance of stocks or bonds, shall be decided by a majority in value of the stockholders at a meeting to be called for the purpose after reasonable notice; and authority is hereby conferred upon said company, in case of issuance of bonds, to make due conveyance of its corporate franchises and property for the purpose of securing the same: Provided, howler. That any such conveyance by way of mortgage shall be subject L,lv fhTrr.; ? *"• 'u!^^ T""^^^ > ^^^^ ^f ^^^^^ dated July thirty-hrst, eighteen hundred and ninety-one, and re- corded in hber sixteen hundred and six, folios one hundred and ninety-seven and following, of the land records of the District of Columbia which conveys all the real estate and franchises of said railroad, as well as the line of said rail- road now existing and such additions thereto at any time Thof ' •^^'i'l.^'^i^"'^^^.' ""^ constructed: And provided. That said Belt Railway Company shall not have its stock and bonds outstanding at any one time to a greater amount than the actual cost of the construction and equipment of said railway, which actual cost shall be ascertained by the Belt Railway may increase stock or issue bonds. Issue limited to cost of con- struction and equipment. LAWS EELATING TO STREET-RAILWAY FRANCHISES. 125 Construction. Excavations. Paving. supreme court of the District of Columbia in such manner as the said court shall prescribe. Sec. 7. That such extensions of said railroads and each of them shall be constructed on such grade and in such manner as shall be approved by the Commissioners of the District of Columbia. Sec. 8. That it shall be lawful for said railway companies and each of them, their and each of their successors or assigns, to make all needful and convenient trenches and excavations in any of said streets or places where said companies, or either of them, may have the right to con- struct and operate its road, and place in such trenches and excavationsall needful and convenient devices f ormachinery for operating said railroad in the manner and by the means aforesaid. But whenever such trenches or excavations shall interfere with any sewer, gas, or water pipes, or any subways or conduits, or any public work of the kind which has been ordered by the Commissioners, then the expense necessary to change such underground construction shall be borne by the said railway company making such trench or excavation. Sec. 9. That each of the said corporations shall at all times keep the space between their tracks and rails and two feet exterior thereto in such condition as the Commis- sioners of the i3istrictof Columbia or their successors may direct; and whenever any street occupied by either of said railway is paved and repaired or otherwise improved, the said corporation shall bear all expense of improving the spaces above described. Should either of the said corpora- tions 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 such corporation shall be collected as provided by section five of the Act entitled "An Act providing for a permanent form of government for the District of Columbia," aoproved June eleventh, eighteen hundred and seventy -eignt. Sec. 10. That every street-railroad corporation in the Annual report District of. Columbia, and every such corporation which shall hereafter be organized, shall, on or before the first day of February in each year, make a report to each the Senate and the House of Representatives, which report shall be sworn to and signed by the president and treasurer of such corporation, and shall cover the period of one year ending the thirty-first day of December previous to the date of making the report. Such report shall state the amount of capital stock, with a list of the stockholders and the amount of stock held by each; the amount of cap- ital stock paid in; the total amount now of funded debt; the amount of floating debt; the average rate per annum of interest on funded debt; amount of dividends declared; cost of roadbed and superstructure, including iron; cost of land, buildings, and fixtures, including land damages; cost of cars, horses, harness, and motors and other ma- chinery; total cost of road and equipment; length of road 126 LAWS EELATING TO STEEET-EAILWAY FEANCHISE8. in miles; lengthof double track, including sidings; weight of rail, by yard; the number of cars and of horses; the number of motors; the total number of passengers carried in cars; the average time consumed by passenger cars in pssing over the road; repairs of roadbed and railway, mcluding iron, and repairs of buildings and fixtures; total cost of maintaining road and real estate; cost of general superintendence; salaries of officers, clerks, agents, and office expenses; wages paid conductors, drivers, engin- eers, and motor men; water and other taxes; damages to prsons and property, including medical attendance; rents, mcluding use of other roads; total expense of operating road, and repairs; receipts from passengers; receipts from all other sources, specifying what, in detail; total receipts from all sources during the year; payments for mainte- nance and repairs; payments for interest; payments for dividends on stock, amount and rate per centum; total payments during the year; the number of persons injured m life and limb; the cause of the injury, and whether pas- sengers, employees, or other persons. Fare. Sec. 11. That each of said companies shall receive a rate of fare not exceeding ^ve cents per passenger, and the said companies, and each of them, shall make arrange- ments with all existing railway companies in the District of Columbia 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. «.^i®"?°*®°*' ^^^- 1^- '^^^*' Congress reserves the riffht to alter, repeal, etc. amend, or repeal this Act. Approved, June 10, 1896. Feb. 3, 1897. t JOINT RESOLUTION Extending time for compliance by Eckington and Soldiers' Home Railway Company and the Belt Railway Com- pany with provisions of section one of an Act entitled an Act to extend the routes of said railway companies, and so forth, approved June tenth, eighteen hundred and ninety-six. Resolved hv the Senate and Home of Representatives of the United States of America in Congress assembled. That jjmeeztended the time granted by the Act approved June tenth, eighteen hundred and ninety-six, within which the said Eckington and Soldiers' Home Railway Company, of the District of Columbia, and the Belt Railway Company, of the District . of Columbia, shall begin to equip those portions of their respective lines which are situated within the boundary of the city of Washington with compressed-air motors, be, and It is hereby, extended to July first, eighteen hundred and ninety -seven. Sec. 2. That if said compressed-air motors shall be adopted, said companies shall completely equip their re- spective lines with such motive power on or before July first, eighteen hundred and ninety eight. Sec. 3. That if said compressed-air motive power shall not be adopted on or before July first, eighteen hundred LAWS RELATING TO STREET-RAILWAY FRANCHISES. 127 and ninety-seven, then said railway companies shall, within one year from July first, eighteen hundred and ninety- seven, equip the respective lines in the city of Washing- ton with an underground electric system: Provided^ That in case the said companies shall fail to comply with all of the requirements of this Act by the time therein fixed the said companies and each of them shall forfeit and pay to Penalty, the Commissioners of the District of Columbia the sum of one hundred dollars for each day of such failure: And pro- vided furthe^\ That if said companies shall fail to operate the whole of their respective lines as provided by An Act entitled An Act to extend the routes of said railway com- Sanies, and so forth, approved June tenth, eighteen hun- red and ninety-six, in such manner and on such schedules schedules. as the Commissioners shall approve, then said companies and each of them shall forfeit and pay to the District Com- Penalty, missioners the sum of one hundred dollars for each day of such failure. Sec. 4. All acts or parts of acts, inconsistent with this Act are hereby repealed. Approved, February 3, 1897. AN ACT To amend the charter of the Eckington and Soldiers' Home June 27, 1898. Railway Company of the District of Columbia, the Maryland and i^ " Washington Railway Company, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress a^semhled^ '^^^*' sowS^^Home the Eckington and Soldiers' Home Railway Company of Rwy. may pur- the District of Columbia be, and it is hereby, autnorized Maryland S to purchase or lease the property and franchises or any wa^shington part thereof, of the Maryland and Washington Railway Company of the District of Columbia and that part of the property and franchises of the Columbia and Marj^land Railway Company of Maryland lying between the District line and the town of Laurel, Maryland, and the Maryland and Washington Railway Company is hereby authorized to sell or lease its property and franchises to the said Eck- ington and Soldiers' Home Railway Company: Provided^ That only one fare, not exceeding the rate now authorized Fare, by law, shall be charged for a single continuous ride over all the lines in the District of Columbia affected by such purchase or lease. Sec. 2. That the said Eckington and Soldiers' Home Railway Company, under the supervision of the Commis- to equip with sioners of the District of Columbia, shall fully equip all its sy^m^^'**"" lines now owned and operated within the city of Washing- ton and also the North Capitol street line from the inter- section of G street north and New Jersey avenue to T street north with an underground electric system essen- tially similar to the underground system now in use by the Metropolitan Railroad Company in said citv, upon plans to be submitted to and approved by the said Commission- 128 LAW8 RELATING TO STREET-RAILTVAY FRANCHISES. Not to use cables for light- ing or power. I I I Commissioners may permit con- duits to be ex- tended for five blocks. To pay taxes and wages of employees. Route amend ed. (; ers, and shall have its cars regularly running by said sys- tem within twelve months from the passage of this Act: Provided, Thsit nothing herein contained shall be construed as authorizing or permitting said company to use their conduits or cables or electrical conductors of any character whatever for the purpose of electric lighting or power, except such as may be necessary for the lighting and pro- pelling of the cars and other machinery of such road and the power house of said company, or other property owned or acquired by said company adjacent to the lines of the road and necessary for the operation of said road: Pro- vided^ however^ That the Commissioners of the District of Columbia are hereby authorized to permit street railway companies using the underground electric system to con- struct conduits not exceeding five blocks in length to con- nect their existing conduits for the pui-pose of conveying electric current to be used for street railway purposes only: And p-romded further, That before permits shall be issued to begin such work all taxes and special assessments due and unpaid to the District of Columbia, and all indebted- ness due the employees for labor, or due others for coal, feed, horseshoes, and other supplies, contracted for by the receiver of the said Eckington and Soldiers' Home Rail- way, duly appointed by the court, and used on behalf and for the benefit of said company, during such receivership, and to be approved by the court appointing such receiver, shall first be paid: Provided, That in case of any lines pur- chased or leased by said Eckington and Soldiers' Home Railway Company, such lines within the city of Washing- ton shall be fully equipped with said underground electric system within twelve months from the completion of such purchase or lease, and the North Capitol street branch shall be completed with the underground system to the Sol- diers' Home within twelve months from the opening and grading of said street. Sec. 3. That the route of the Eckington and Soldiers' Home Railway Company shall be as at present, with the following changes, to wit: Between the intersections of T and Third streets northeast and R and Second streets north- east one track shall be abandoned, and in lieu thereof a single track shall be constructed between the same points on T and Second streets northeast; between the intersec- tions of Eckington place and Florida avenue and New York avenue and First street northeast both tracks shall be aban- doned, and in lieu thereof a double track shall be con- structed between these two points, crossing Florida avenue and on First street; between the intersections of New York avenue and Fifth street and Fifth street and G street northwest, the roadway shall be widened to a width of forty-five feet, one-half at the expense of said company, and one-half at the expense of any District of Columbia appropriation available for such work; a single track be- tween First and C streets and Fourth and D streets north- east shall be abandoned, and in lieu thereof a single track Capital stock. Bonds. Limit of issue. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 129 shall be constructed on D and First streets northeast, be-^^^^*° 1»S8 LAWS RELATING TO STREET-RAILWAY FRANCHISES. • States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United otates, has become a law without his approval.] March 24, 1890. AN ACT To amend an act to incorporate the Georgetown and tennal- stats. 26, p. 29. ^ytown Railway Company of the District of Columbia, which be- came a law August tenth, anno Domini eighteen hundred and eighty- eigut. ® ^ Georgetown and Tennallv- t o w n Railway Company of the District of Co- lumbia. Location of tracks. Vol. 26, p. 446, amended. Provisos. Location of in' ner rails. Commissioners to locate rail- way. Be tt enacted hy the Senate and Bouse of Bepresentatwes of ttie United states of America in Congress assemUed, That the act entitled ''An act to incorporate the Georgetown and lennallytown Railway Company of the District of Colum- bia be, and the same hereby is, amended, by substituting after the words and along High street, in Georgetown, to the lennallytown road " the words ''and thence aloncr and in said road for the words " but wholly outside of the lim- its of said road and along the side of sai'd road " : Provided, ihat the inner line of rails shall be at the minimum distance of eight feet from the center of the improved road- way And provided furthet^. That said railway shall be located on such side of the road way as may be indicated by the Com- missioners of the District of Columbia. Approved, March 24, 1890. July 14. 1892. Stats. 27, p. 156. District appropriation act, 1893. * and^T Jf n a^iT^ . Provided, That the streets and avenues shall be completed Taif p^y for V^^ ""^^^l '" which they appear in said schedules, except certain improve- ^^^^ Street, SO far as the amount of money herein aoDroDri- ja^g to Highat^d shall suffice for the work, and one-half of the cost of widening High street named in the Georgetown schedule shall be charged to the Georgetown and Tennally town Hail- way Company of the District of Columbia and collected from said company m the same manner as the cost of laying down pavements, sewers, and other work, or repairing the same, lying between the exterior rails of the tracks of street railways, and for a distance of two feet from and exterior to such track or tracks on each side thereof, are collectible under the provisions of section five of the act entitled "An act providing a permanent form of government for the Dis- trict ot Columbia, approved June eleventh, eighteen hun- dred and seventy-eiglit"; and the act of August twenty- second, eighteen hundred and eighty-eight, entitled "An act to incorporate the Georgetown and Tennally town Rail- way Company of the District of Columbia," is herebyaltered and amended so as to authorize and require such charge and collection. ^ * Approved, July 14, 1892. Route. GEOEGETOWN BAEGE, DOCK, ELEVATOE, AND EAILWAY COMPANY. AN ACT To incorporate the Georgetown Barge, Dock, Elevator, and Sept. 26, 1888. Railway Company. stats. 25, p. 492. Be it enactedhy the Senateand Eomeof RejJresentaUves ^ ^^^^ of the United States of America in Congress assembled^ Ihat garge, Dock, ei- Anthony Hyde, William A. Gordon, Robert B. Tenney, ejato^andjuii^ Henry H. Dodge, Morris J. Adler, Edward L. Dent, John A. incorporated. Baker,JohnMarburv,andHenryM.Sweeny,theirassociates and assigns, be, and*^they are hereby, created a body corpo- rate under the name of the Georgetown Barge, Dock, Eleva- tor, and Railway Company, with authority to build and main- tain a dock or Socks on the Potomac River west of Rock Creek, and to receive therein, and send therefrom, barges, vessels, cargoes, and railway cars, from and to any points on the Potomac River and its tributaries and coastwise; and to construct and maintain single or double track railways in the city of Georgetown or West Washington, District ot Columbia, through and along Water street, beginning at a point on the west side of the Aqueduct Bridge, through and along said Water street, under said bridge to the eastern ter- minus of said Water street at Rock Creek, y^ith the privilege of extending its tracks from the intersection of Water street and Washington or Thirtieth street along Washington or Thirtieth street to the Potomac River, and from the inter- section of Virginia avenue and Washington or Thirtieth street along Virginia avenue to Rock Creek, with sidings, turn-outs, turn-tables, and switches necessary for the deliv- ery of cars to warehouses and depots along said streets; and also to construct and maintain warehouses, depots, ^^^^^^ ^^ and elevators in said city of Georgetown or West W ash- ington, with the right to receive and dispatch boats and freight of all kinds, and to run cars on said tracks, sidings, switches, turn-outs, and turn-tables, propelled by steam, horse, or electric power; and to charge and receive tor the use of the docks, railway, warehouses, depots, elevators, and barges of said companv, such rates as may be hxed by the directors, with the approval of the Commissioners of the District: Provided, That when said lines coincide coinciding with the dulv authorized lines of any duly incorporated street railway of the District of Columbia, said company shall lay separate and independent tracks in the original construction of the said lines whenever, in the judgment of the Commissioners of the District of Columbia, it shall be deemed by them possible and practicable so to do. Whenever the foregoing route or routes may coincide with 139 Warehouses, Tiaclcs. .» I 140 LAWS RELATING TO STREET-RAILWAY FRANCHISES. the duly authorized route or routes of any duly incorporated street railway company in the District of Columbia, either or both companies may use the same tracks, when, on account of the width of the streets, or for other sufficient reason it shall be deemed by the Commissioners of the district to be necessary; and in such case they may use such tracks in common, upon such fair and equitable terms Bs may be agreed upon by said companies; and in the event said company fail to agree upon equitable terms, either of said companies may apply, by petition, to the supreme court of tie District of Columbia, which shall hear and determine the matter in due form of law, and construction. Xllid thLfn^^^^^^ '^ ' ^"^^^^ V^^ Compensation to be paid therefor. Said railway shall be constructed of good materials and m a substantial manner, with the rails of American manufacture and of the most approved pat- terns laid upon an even surface with the mvement of the street, with the gauge to correspond with that of the Baltimore and Ohio and Baltimore and Potomac Railroad Companies all to be approved by the Commissioners of the Distnct of Columbia. The tracks of said railwav the space between the tracks, and two feet beyond the outer rails thereof, which this franchise is intended to cover, shall be at all times kept by said corporation well mved and in good repair at its own expense and subject to the approval of the Commissioners aforesaid. And if the corporation shall fail to make the necessary repairs within ten days after notice by the Commissioners, the repairs shall be made by the Commissioners, and the cost of such repairs be recovered by the Commissioners before any court of competent jurisdiction. It shall be lawful for said cor- etc. by Steam, horse, or electric power. It shall also be lawful for said coiporation, its successors, or assigns, to erect and maintain, at such convenient and suitable points alon^ its lines as may seem most desirable to the board of directors of said corporation, and subject to the approval of the Commissioners of the District, an engine-hoAse or houses, boiler-house or houses, and all other buildings necessary compi^tion rn«d Tr'*^^'-''"r^^ ^ S^^^-?' ^^J^"' ^^ ^^^^^''^ "^«t«r rail- ^^.ompu tion, road. The main line of said road shall be completed within two years from the passage of this act; and if work is not fn TirJ!''^i^"'lr''!u'^''^'^ ^'" ^^^^ ^^'^^ ^« the main line m SIX months after the passage of this act, then the privi- leges and powers granted herein to said corporation shall Sec. 2. That the capital stock of said comoanv shall nnf cap^^stoc.. exceed fifty thousand ^lars and be not ffiha^^^^^^^^^^ hve thousand dollars m shares of fifty dollars each; but if said company shall find it necessary to purchase or con- struct barges and tug-boats then the said company shall o^Z^^.^W'' issue additional stock or bonds, not ex- ceeding fifty thousand dollars: Prc^ided^ however Thfit no bonds shall be issued hereunder until at least fifty per cen- LAWS RELATING TO STREET-RAILWAY FRANCHISES. turn of the capital stock shall have been actually paid into the treasury of the company upon stock subscriptions, and that no bonds shall be issued for a greater sum than the sum actually paid into the treasury of the company upon stock subscriptions. And said company shall reouire the subscribers to the capital stock to pay in cash, to the treas- urer appointed by the corporators, the amounts severally subscribed by them as follows, namely: Ten per centum at the time of subscribing and five per centum each thirty days thereafter until fifty per centum thereof shall have been paid; the balance of such subscriptions 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 stock- holder shall refuse or neglect to pay any installment as aforesaid, or as required by a resolution of the board of directors after reasonable notice of the same, the said board of directors may sell at public auction, to the high- est bidder, so many snares of his stock as shall pay said installment (and the person who oif ers to purchase the least number of shares for the assessment due shall be taken as the highest bidder), and the sale shall be conducted accord- ing to 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 body may sue and collect the same from any delinquent subscriber in any court of competent jurisdiction. The said company shall buy, lease, construct, and maintain workshops, depots, lands, and buildings as they may deem necessary at such points along its line as may be approved by the Comrais sioners of the District, and as the business of the company may require: Provided^ That within thirty davs after the passage of this act the corporators named in the first sec- tion, their associates, successors, or assigns, or a majority of them, or if any refuse or neglect to act, then a raajor- ity of the remainder, shall cause books of subscription to the capital stock of said company to be opened, and kept open, m some convenient and accessible place in the Dis- trict of Columbia, from nine o'clock in the forenoon till five o'clock in the afternoon, for a period to be fixed by said corporators, not less than ten days (unless the stock shall be sooner subscribed; and said corporators shall give pub- lic notice, by advertisement in two of the daily papers published in the city of Washington, of the time when and the place where said books shall be opened; and subscrib- ers upon said books to the capital stock of the company shall be held to be stockholders: Prmnded^ That every subscriber shall pay at the time of subscribing ten per centum of the amount by him subscribed to the treasurer appointed by the corpoi-ators, or his subscription shall be null and void : Pro- vic^d furthe7\ That nothing shall be received in payment of the ten per centum at the time of subscribing and the addi- tional installments hereinbefore provided f or,except lawful 141 Bonds. Subscriptions. Organization. Payments on stock. Directors. 142 LAWS BELATING TO STREET-RAILWAY FRANCHISES. money or certified checks from any national bank; and when stoJkhowSI °'*^® ^^^® ^^ subscription to the capital stock of said com- pjany shall be dosed the corporators named in the first sec- tion, 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 tlie remainder shall, within twenty days thereafter, call the first meeting of the stockholders of said company, to meet within ten days thereafter, for the choice of directors, of which public notice shall be given for five days in two daily newspapers published in the city of Washington; and in all meetings of the stock- holders each share shall entitle the holder to one vote, to be given in person or by proxy. Sec. 3. That the government and direction of the affairs of the company shall be vested in the board of directors, seven in number, who shall be stockholders of record, and who shall hold their office for one year, and until their suc- cessors are duly elected and qualified; and the directors (a majority of whom shall be a quorum) shall elect one of their number to be President of the board, who shall be president of the company; and they also shall choose a vice-president, a secretary, and a treasurer, who shall give a bond, with surety, to said company, in such sum as the said directors may require, for the faithful discharge of his trust. In the case of a vacancy in the board of directors, by the death, resignation, or otherwise, of any director, the vacancy occasioned thereby shall be filled by the remaining directors. The directors shall have power to make and Srescribe such by-laws, rules, and regulations as they shall eem needful and proper, touching the disposition and man- agement 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 Colum- bia. There shall be an annual meeting of the stockholders for election of directors, to be held at such time and place, under such conditions, and upon such notice as the said com- pany in their by-laws may prescribe; and said directors Annual report, shall annually make a report, in writing, of their doings to the stockholders. If any person or persons shall willfully, ^Obstruction of mischievously , or unnecessarily obstruct or impede the pas- sage of the cars, engines, or barges of said company with a vehicle or vehicles, or otherwise, or in any manner molest or interfere with operatives while in transit, or destroy or injure the tracks, barges, cars, or other property belonging . to said company, the person or persons so offending shall forfeit and pay for each offense not less than twenty-five nor more than one hundred dollars, to be recovered as other fines and penalties of said District, and shall remain liable, in addition to said penalty, for any loss or damage occasioned bj his or her or their acts as aforesaid. That the Commis- ckS^iionere^^ ®J<^°®^^ ^^ *^^ District shall make such reasonable regula- tions as may be deemed proper to prevent the said railroad company from obstructing any of the streets the tracks of said company may cross, and for the violation of said reg- LAWS RELATING TO STREET-RAILWAY FRANCHISES. 143 By-laws. Oflace. Annual report ulations the said company shall be subject to a penalty not exceeding one hundred dollars, to be recovered in any court of competent jurisduction. The principal offices of said company shall always be situated m the city of Washing- ton, and all books and papers relating to the business of said company shall be kept thereat and open at all times to the inspection of the stockholders. The meeting of stockholders and directors shall be held at said office. The book in which transfers of stock shall be recorded shall be closed for the purpose of such transfer thirty days before the annual election. Sec. 4. That each stockholder in the said company shall ^^^^^^ ®^ be individually liable for all the debts and liabilities of said company to the amount of the par value of the stock held by such stockholder, until the same shall . have been fully paid up. Sec. 5. That the said company shall, on or before the fif- teenth day of January of each year, make a report to Con- gress of the names of all the stockholders therein, and the amount of stock held by each-, together with a detailed state- ment of the receipts and expenditures from whatever source, and on whatever account, for the preceding year ending De- cember the thirty-first, which report shall be verified by the affidavit of the president and secretary of the company, and if sad report is not made at the time specified, or within ten days thereafter, it shall be the duty of the Commis- sioners to cause proceedings to be instituted to forfeit this charter; and said company shall pay to the District of Columbia, as taxes for each year, five per centum of its gross earnings for the preceding year, as shown by said verified statement, 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, may be seized and sold in satisfaction thereof, as now provided by law for the sale of other propert}^ for taxes; and said per centum of its gross earnings shall be in lieu of all other assessments of taxes of whatsoever character upon its personal prop- erty, including its docks and barges, cars, and motive power, but the real estate of the company may be taxed as other real estate in the District: Provided^ That the tracks of the company shall not be taxed as real estate. Sec. 6. That the water front at the end of all public streets and highways shall be and remain open to the use of the public. • Sec. 7. That this act may at any time be altered, amended, Amendment or repealed by the Congress of the United States. Approved, September 26, 1888, Taxes. Water front of streets. i' i <■ MARYLAND AND WASHINGTON RAILWAY COMPANY. AN ACT To incorporate the Maryland and Washington Railway August l, 1892. Company. stats. 27, p. 341. Be it macted hy the Senate and House of Representatives of the United States of America in Congress ossernhM, Th&t w^t^Kt^^'n Abram P. Fardon, J. Henry Small, junior, Wright Rives, R^iwa>^com- Bedford W. Walker, Louis D. Wine, John O. Johnson, ^^ted (amend Charles A. Wells, Joseph A. Blundon, A. O. Bliss, Edwin ed). A. Newman, Van H. Manning, Wallace A. Bartlett, Ellis Speare, Benjamin D. Stephen, D. M. Nesbit, P. A. Scaggs, lirancis H. Smith, W. Clarence Duvall, Filmore Beall, and their associates, successors, and assigns are hereby cre- ated a body corporate by the name, style, and title of the '' Maryland and Washington 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 withm the United States, and may make and have a common seal. And said corporation is hereby authorized to construct and lay down a single or double track railway, and if it should construct and lay down a single-track railway with the right subsequently to change the same to a double-track railway, as may be approved by the Commissioners of the District of Columbia, with the necessary switches, turn-outs, and other mechanical devices, through and along the f ol- lowing routes, to wit: Beginning at the point where Rhode tended). Island avenue of the city of Washington if extended in its present course would intersect Fourth street northeast, as extended due north, and running thence with and along said Rhode Island avenue as thus extended, or adjacent thereto, to a point at or near the point of intersection of said Rhode Island avenue with the northeast boundary line of the District of Columbia: Provided, That all of the ^^^^^ ^^ routes herein mentioned shall be subject to the approval of missionere the Commissioners of the District of Columbia: Provided further, That whenever the lines of the said company shall cross any steam railway they shall cross by an overhead bridge or beneath the tracks of said railway, as may be approved by the Commissioners of the District of Columbia. Sec. 2. That said company may run public carriages pro- pelled by cable, electric, or other mechanical power, sub- feet to the approval of the said Commissioners, but nothing m this act shall allow the use of steam power in locomotives: Provided further, That for the purpose of making a contin- uous connection the said company shall have the right to Subject to ap- o£ Corn- Motive power. 16400—05 10 14d I i! i 14(5 LAWS RELATING TO STREET-RAILWAY FRANCHISES. h I • I 1 T Crossings. cross all streets, avenues, and highways that may be nec- essary for the purpose. Fare. Sec. 3. That Said company shall receive a rate of fare not exceeding five cents per passenger for any continuous ride over its line within the District of Columbia; and the said company may make arrangements with all existing railway companies in the District of Columbia, for the inter- change of tickets in payment of fare on its road: Provided^ That six tickets shall be sold for twenty -five cents within the District limits. Annual report. Sec. 4. That Said company shall, on or before the fif- teenth of January of each year, make a report to Congress, through the Commissioners of the District of Columbia, of the names of all the stockholders therein, the amount of stock held by each and the amount paid thereon, together with a detailed statement of the receipts and expendi- tures, from whatever source and on whatever account, for the preceding year ending December the 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 affidavit of the president and secretary of said company, and, if said report is not made at the time speci- fied, or within ten days thereafter, such failure shall of itself operate as a forfeiture of this charter, and it shall be the duty of the Commissioners to cause to be instituted proper 'judicial proceedings therefor; and said company shall pay to the District of Columbia, in lieu of personal taxes upon personal property, including cars ana 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 seized and sold in satisfaction thereof, as now provided by law for the sale of other property for taxes; and said four per centum of its gross earnings shall be in lieu of all other assessments of personal taxes upon its property used solely and exclu- sively in the operation and management of said railway. Its real estate shall be taxed as other real estate in the District: Provided^ That its tracks shall not be taxed as real estate. (s^^Sl^endid)! ^*^^; ^- That the said rail w ay shall be constructed of good ■ materials, and in a substantial and durable manner, with the rails of the most approved pattern, all to be approved by the Commissioners of the said District, laid upon an even surface with the pavement of the street, and the gauge to correspond with that of other city railways. Wherever more than one of the tracks of said railroad company shall be constructed on any of the public highways in the Dis- ■ trict of Columbia, the width of the space between the two tracks shall not exceed four feet. Sec. 6. That the said corporation hereb}" created shall be bound to keep said tracks, and for the space of two feet Taxes. Fftving. Grades. Excavations, (sec. 8 etc. LAWS RELATING TO STREET-RAILWAY FRANCHISES. beyond the outer rails thereof, and also the space between the tracks, at all times in such good order as the Commis- sioners of the District of Columbia may require, wherever it shall run over streets, avenues, and highways, subject to the approval of the said Commissioners, without expense to the United States or the District of Columbia. Sec. 7. That nothing in this act shall prevent the Dis- *trict of Columbia, at any time, at its option, from altering the grade or otherwise improving all avenues and streets and highways occupied by said road, or from so altering or improving such streets and avenues and highways, and the sewerage thereof, as may be under its authority and control; and in such event it shall be the duty of said com- pany to change its railroad so as to conform to such grade as may have been thus established. Sec. 8. That it shall be lawful for said corpoi-ation, its^^^ ^^^ successors, or assigns, to make all needful and convenient amended) trenches and excavations in any of said streets or places where said corporation may have the right to construct and operate its road, and place in such trenches and excava- tions all needful and convenient devices and machinery for operating said railroad in the manner and by the means aforesaid, subject to the approval of the said Commis- sioners. But whenever such trenches or excavations shall interfere with any sewer, gas, or water pipes, or any sub- ways or conduits, or any public work of the kind which has been ordered by the Commissioners, then the expense nec- essary to change such underground constructions shall be borne bv the said railway company. Sec. 9. That it shall also be lawful for said corporation, its successors or assigns, to erect and maintain at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said corpora- tion, and subject to the approval of the said Commissioners, an engine house or houses, boiler house and all other build- ings necessary for the successful operation of a cable motor, electric, pneumatic, or other railroad. Sec. 10. That it shall not be lawful for said corporation, its successors, or assigns, to propel its cars over said rail- road, or any part thereof, at a rate of speed exceeding that which may be fixed from time to time by the said Com- missioners, and for each violation of this provision said grantees, their successors, or assigns, as the case may be, shall be subject to a penalty of fifty dollars, to be recovered in any court of competent jurisdiction at the suit of the Commissioners of the District of Columbia. Sec. 11. That the line of said railway company, from^^^^ ^ the point of beginning herein named to a point at or nearpietion the intersection of Rhode Island avenue extended and the northeast boundary of the District of Columbia, shall be commenced within six months and completed within twenty- four months from the passage of this act. Sec. 12. That the said company is hereby authorized to issue its capital stock to the amount of the actual cost of 147 Ni Power houses, etc. opeeci. Commence- ment and com- Capital stock. 1 > < r I I 148 LAWS BELATING TO STREET-RAILWAY FRANCHISES. construction, equipment, and purchase of right of way and ground necessary for its proper working, and not to exceed in all the sum of two hundred thousand dollars. Said company shall require the subscribers to the capital stock to pay in cash to the treasurer appointed by the corpo- rators the amounts severally subscribed by them, as fol- lows, namely: Ten per centum at the time of 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 no assessment exceeding ten per centum to be made at any one time; but at least fifty per centum of the entire stock subscribed shall be paid within six months from the date of sub- scription, and the whole amount shall be paid within two years from said date; 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 reasonable notice of the same, the said board of directors may sell at Eublic auction, to the highest bidder, so many shares of is 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 regu- lations 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. Sec. 13. That within thirty days after the passage of this act corporators named in the first section, their associ- ates, 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 subscriptions to the capital stock of the nt of company: Provided, That every subscriber shall pay at the time of subscribing, ten per centum of the amount by him subscribed to the treasurer appointed by the corporators, or his subscription shall be 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 bank. And when the books of subscription to the capital stock of said company shall be closed the corporators named in the first section, their associates, successors,orassigns,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 there- of after, call the first meeting of the stockholders of said com- pany to meet within ten days thereafter for the choice of directors, of which public notice shall be given for ^s^ days m two daily newspapers published in the city of Washing- ton, and by written personal notice to be mailed to the Meeting of in corporators (sec 13 amended). Payme_ . subscriptions Meeting stockJiolders cars. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 149 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 : Provided, That it shall be unlawful for the company foSe^ hereby incorporated to consolidate with any other railroad company now in existence, or which may hereafter be char- tered, and any such consolidation shall of itself operate as a forfeiture of this charter. And it shall be unlawful for the franchise hereby granted to be sold or transferred to any individual or corporation before the road shall have been constructed or equipped for business. Eauipment. Sec. 14. That the said company shall place first-class Equipment, cars on said railway, with all modern improvements for the convenience and comfort of passengers, and shall run cars thereon as often as the public convenience may require; the time table or schedule of time to be approved by the said Commissioners of the District of Columbia. p a s « e n ,r e r Sec. 15. That the company shall buy, lease, or construct ^oms, etc. (sec. such passenger rooms, ticket offices, workshops, depots, is amended), lands, and buildings as they may deem necessary, at such points on its line as may be approved by the said Com- missioners. , . , ArHr.l«.lAftin Sec. 16. That all articles of value that may be inad- vertently left in 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 reason- able hours of business. . Sec. 17. That the government and direction of affairs of the company shall be vested in a board of directors, nine in number, who shall be stockholders of record, and who shall hold their ofiice 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 shall be a quo- rum) 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 treas- urer, who shall give bond with surety to said company in such sum as the said directors may require for the faithful discharge of his trust. In case of a vacancy in the board of directors by the death, resignation, or otherwise of any director, the vacancy occasioned thereby shall be filled by the remaining directors. Sec. 18. That the directors shall have the power to make and prescribe such bv-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. Se<^ 19. That there shall be at least an annual meeting of the stockholders for choice of directors, to be holden at such time and place, under such conditions, and upon such Tiotice as the said company in their by-laws may prescribe; Directors. Officers. By-laws. Annual ing. meet- 150 LAWS RELATING TO STREET-RAILWAY FRANCHISES. U f Free use roadway. of Crossings. Ejection from cars. Amendment. Sec. 24 amend ed. Condemnation proceedings. H Extension of Rhode Island avenue. and said directors shall annually make report in writing of their doings to the stockholders. Sec. 20. That the said company shall have at all times the free and uninterrupted use of its roadway, and if any person or persons shall willfully, mischievously, and unnec- essarily obstruct or impede the passage of cars of said rail- way company with a vehicle or vehicles, or otherwise or in any manner molest or interfere with passengers or oper- atives while in transit, or destrov or injure the cars of said railway, or depots, stations, or other propertv belongincr to said railway company, the person or persons so offendniff shall forfeit and pay for each such offense not less than twenty-five nor more than one hundred dollars to the Dis- trict of Columbia, to be recovered as other fines and pen- alties m said District, and shall remain liable to the said company, in addition to said penalty, for any loss or dam- age 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. bEC. 21. That the said Maryland and Washington Rail- way 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 con- struct its said road across such other railways: Provided, Ihat It shall not interrupt travel of such other railways in such construction. Sec. 22. That no person shall be prohibited the right to travel on any part of said road or ejected from the cars by the company's employees for any other cause than that 6t being drunk, disorderly, unclean, or contagiously diseased, or ref usnng to pay the legal fare exacted, or to comply with the lawful general regulations of the company. Sec. 23. That this act may at any time be altered, amended or repealed by the Congress of the United States. Sec. 24. That in the event that the company should not be able to come to an agreement with the owner or owners of any land through which the said road may be located to pass, proceedings for the condemnation for the use of the company of so much of said land as may be required, not exceeding fifty feet in width, with necessary slopes, and one hundred and thirty feet in width in the line of Rhode Island avenue extended, may be instituted in the usual way m the supreme court of the District of Columbia, under such rules and regulations as said court may prescribe for such purposes: Provided, That the extension of Rhode Island avenue herein authorized, whether acquired by con- demnation or otherwise, shall be dedicated to the public use m the same manner and subject to the same regulations and control that apply to other streets and avenues in the District of Columbia occupied by street railways. Approved, August 1, 1892. LAWS relating TO STREET-RAILWAY FRANCHISES. 151 JOINT RESOLUTION To extend the charter of the Maryland and August 23. 1894. Washington Railway Company. stats. 28, p. 590. Resolved hy the Senate and House of Representatives of Maryland and the United States of America in Congress assembled. That Washington Ry. the time for building and completing the railway provided for in an Act entitled "An Act to incorporate the Maryland and Washington Railway Company," approved August tirst, eighteen hundred and ninety-two, be, and the same charter ex- is hereby, extended six months from and after the first day tended, of August, eighteen hundred and ninety -four. Approved, August 23, 1894. AN ACT To amend an act entitled "An act to incorporate the Mary- March 2. 1895. land and Washington Railway Company," approved August tirst, stat8.28,p.7l3. eighteen hundred and ninety-two, and for other purposes. Be it enacted hy the Senate and Home of Representatw^ of the United States of Am erica in Congress assembled, Ihat^^^^^Ry section fiveof the Act entitled ''An Act to incorporate theco.^^^arter Maryland and Washington Railway Company,' approved August first, eighteen hundred and ninety -two, be, and it is hereby, amended so as to read as follows: construction, '' Sec. 5. That the said railway shall be constructed of construction, good materials and in a substantial and durable manner, with the rails of the most approved pattern, all to be ap- proved by the Commissioners of said District, laid upon an even surface with the pavement of the street, and the gauge to correspond with that of other railways in the Dis- trict of Columbia. Wherever more than one of the tracks of said railway company shall be constructed in any of the public highways in the District of Columbia, the width of ^ ^^^^^ the space between the two tracks shall not be less than live tracts, feet. The plans of construction, rails, electrical and me- chanical appliances, conduits and stations, and location of stations and tracks shall be subject to the approval of the Commissioners of the District of Columbia. ' That section eight of said Act be, and is hereby, amended 80 as to read as follows: x- -i. Sec. 8. That it shall be lawful for said corporation, its successors or assigns, to make all needful and: convenient trenches and excavations in any of said streets or places where said corporation may have the right to construct and operate its road, and place in such trenches and excava- tions all needful and convenient devices and machinery for operating said railway in the manner and by the means aforesaid, subject to the approval of the said Commission- ers. But whenever such trenches or excavations shall interfere with any sewer, gas, or water pipes, or any sub- way s or conduits or any public work of the kind which has been ordered by the Commissioners, then the expense neces- sary to change such underground constructions shall be borne by the said railway company. And the said company Trenches, etc. i\ ! a I 1: 152 LAWS RELATING TO STREET-RAILWAY FRANCHISES. der^uSd^^'cSSl ^hall be liable for any damage to pipes or other underground structions. Constructions, caused by the passage of its cars over the same or bv elep.trin onv-rania hqqaI in 4-U^ ^«^^.,i„:__ _^ -^ ' " .^ J ''"^ i-rctoowgc/ wj. itis ua,i» over me same or by electric currents used in the propulsion of its cars* That section thirteen of said Act be, and it is hereby O nizationof ^°J^T^^ ^ ^'^^^ ^S foUows: ' compan^ **°** "Sec. 13. That within thirty days after the passage of this Act the 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 theDistrict of Columbia, for theorganizationof said subscription to ""fT^^/vr^ ^'''' ^^^ receiving subscriptions to the capital ^subscription to stock of the Company: Provided, That every subscriber shall pay, at the time of subscribing, ten per centum of the amount by him subscribed to the treasurer appointed by the To be wholly ^^iporators, or his subscription shall be null and void- Pro- SSl'yi\ "^^'^° ^^t^' TJiat the full face value of said stock shall be wholly vote&2L'&^ Ef V""*'? cash within twelve months after the subscription voteduniesspaid therefor is made and after twelve months no stock shall stock shall be ^ voted unless the same has been wholly paid for- And SSSJlVS^aiS?^^*^^^' That the said stock shall be whollv paid for be- issued. fore any bonds shall be issued: Provided furthe?-, 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 bank. And when the books of subscnption to the capital stock of said company shall be closed the coiporators named in the first section, their associates, successors, or assigns, or a majority of them, and incase any of them refuse or neglet to act then a maioritv MeetinKofcor ^^ fi f^^^nder, shall, within twenty days thereafter, call po^toS:*^**''^'the first meeting of the stockholders of said company to nieet withm ten days thereafter for the choice of directors, ot which pubhc notice shall be given for five days in two daily newspapers published in the city of Washinkon, 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 by person or by proxy." 1 hat section fifteen of said Act be, and is hereby, amended so as to read as follows: sender h?uJ?f* *' ^Ec. 15. That the said company is authorized to erect etc. ^Jl°'^''?^^°'/"]^jf ct to the approval of the Commissioners ot the JJistnct of Columbia, the power houses and buildings necessary to the operation of its road, and shall furnish and maintain, as required by said Commissioners, passenger houses and transfer stations; failure to furnish and main- tain such passenger houses and transfer stations shall render said company liable to a fine of twenty-five dollars for each and every day of such failure, after reasonable notice, said fine to be recovered in any court of competent ]un3diction at the suit of the Commissioners of the District of Columbia.' LAWS RELATING TO STREET-RAILWAY FRANCHISES. 153 That section twenty-four of said Act be, and is hereby, amended so as to read as follows: '' Sec. 24. That in the event that Rhode Island avenue shall not have been extended, and said company shall not be able to come to an agreement with the owner or owners of any land through which the said road may be located to pass for the purchase or dedication of so much land as may be necessary for the opening of Rhode Island avenue, then the said company mav institute proceedings for the con- demnation of so much "land as may be required for the exten- sion of the aforesaid avenue: Provided, That the strip of land so to be acquired by condemnation shall be one hun- dred and thirty feet in width, and shall be located according to the official plats for the extension of Rhode Island avenue : And provided furthe?', That all the land within the lines of the proposed extension of Rhode Island avenue which shall be acquired by said Maryland and Washington Railway Company, either by purchase or condemnation, shall, by appropriate conveyance, be dedicated, before tracks are laid therein, by said Maryland and Washington Railway Com- pany as an extension of Rhode Island avenue to the extent of the land so acquired. *'Such proceedings may be instituted and conducted by the company in the supreme court of the District of Colum- bia, holding a special term as a district court, and shall be commenced by a petition of the company for the condemna- tion of such land as has not yet been purchased or dedi- cated and for the ascertainment of just compensation for the taking of such land for the purposes aforesaid. ''Such petition shall contain a particular description of the property not so purchased or dedicated and selected for the use* aforesaid, with the names of the respective owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land proposed, to be taken; and thereupon the said court is authorized and required to summon all such owners and all other persons interested to appear in said court at a time to be fixed by said court. If it shall appear to the court that there are any owners or other persons interested who are nonresidents of the District of Columbia publication may be substituted for personal service of process upon such nonresident, after any summons has been returned 'not to be found,' in the same manner as is provided by law with reference to nonresident defendants in actions of ejectment; and if it shall appear that there are any persons under dis- ability, either who have been served with process or who have been proceeded against by publication, the court shall appoint a guardian ad litem for such persons. "After all the parties interested have been served with process or proceeded against by publication, as aforesaid, the court shall, upon the return day stated in said process or order of publication, proceed to appoint three compe- tent and disinterested persons commissioners to appraise Opening Rhode Island ave. Dedication. Condemnatlof proceedings. Contents of pe- tition. Appraisers to be appointed by court. Payment awards. I ' j; 154 LAWS RELATING TO STREET-RAILWAY FRANCHISES. the damages which the owner of the land taken may sus- tain by such appropriation. The commissioners shall be duly sworn, and they shall consider the damages which such owner may sustain by reason of the appropriation by such railway company of the land proposed to be taken for the purposes aforesaid, and shall forthwith return their assessment of such damages to the clerk of the court. ''i^u^n^*^®" ^^^ ^^^ ^^ ^ P^^*^ ^^ ^"^ parcel or tract of land shall be condemned in such proceedings the commis- sioners m assessing the damages therefor shall take into «Se^Si.*^ "^ consideration the benefit of the purpose for which it is taken may be to the owner or owners of such tract or parcel by enhancing the value of the remainder of the same and shall make their award accordingly, and the court may require m such case that the damages and benefits shall be found and stated separately, and when the award shall have been confirmed by the court said company, unless an appeal is f f taken, shall make a payment of the amounts awarded to the respective owners thereof, accordingto the judgment of the court; and in case any of such persons are under disability or can not be found, and no person is authorized to receive the said award, or in case any person entitled to an award shall neglect to receive the same, or in case an appeal shall be taken concerning an award, then the money to be paid on account of such award shall be deposited in the registry of the court to abide its further order; and when such pay- ments are made or the amounts belonging to persons to whom payment shall not so be made for any of the aforesaid reasons are so deposited, the use of said land shall be deemed to have been condemned and taken for the use of said rail- way company, and no appellate proceedings or controversies as to ownership shall interfere with or delav said company in takingpossession of the land so condemned after payment therefor as above provided; but when any award shall have been approved by the said court holding a special term as aforesaid, the said company shall be entitled to take imme- diate possession of the parcel of land, in regard to which said award has been approved and payment or deposit made and the court shall enforce such right of possession by proper order and process addressed to the marshal of the United btates for the District of Columbia. Any party aggrieved by the final order or decree of said court, in special term atoresaid, fixmg the amount of damages as to any parcel of di&^!>f'cJSS^^"l"^?i^ l^^H an appeal therefrom to the court of appeals or tne L>istrict ot Columbia m the manner now provided by j-ij^"^^^^^ court of appeals may aflirm, reverse, or modify the order or decree appealed from: Provided, That said court of appeals shall consider only questions of law arising on such appeal. From the final decree of said court m special terms as aforesaid under this Act, distributing the damages among contending claimants, any party ag- grieved may, in like manner, take an appeal to said court of appeals. Any appeal under this Act shall be taken within twenty days after the making of the final order or LAWS RELATING TO STREET-RAILWAY FRANCHISES. 155 decree appealed from, and not afterwards, and shall be sub- iect to existing laws and rules of court regulating appeals to said court of appeals. Cases arising under this Act shall ^ These ^ca^s^* have precedence over all other business in said court, in ence. special term, and shall have precedence in said court of appeals over all other cases, except criminal cases; and the decision of said court of appeals upon any questions arising under this Act shall be final." Sec. 2. That for the purpose of constructing and equip- ping its said railway, and acquiring rights of way as pro- vided for in this Act, the said Maryland and Washington Railway Company is hereby authorized and empowered to issue its bonds to aid in paying for such construction and equipments and rights of way, and secure the said bonds .^^nds author, by mortgage or deed of trust of its franchises, rights of way, and all of its property of whatsoever kind, whether real or personal: Provided^, That the moneys raised on said bonds shall be used and expended only for the purposes aforesaid: And provided furtJier, That the amount of said jssue^^of^st^k bonds and stock shall not exceed the cost of the construe- ited. tion of the said road and of the plant necessary to operate the same; and in no case shall the amount of stock and bonds so issued exceed the sum of four hundred and fifty thousand dollars. Sec. 3. That the line of said railway company, from the point of beginning herein named to a point at or near the intersection of Rhode Island avenue extended and the northeast boundary of the District of Columbia, shall be commenced within six months and completed within twelve ^^n^l^nd^JoiS months from the date of approval of this Act; and the said pietion. Maryland and Washington Railway Company is hereby authorized to construct and lay down a singleor double track ^^^''^'''' ""^ railway, and to operate the same as provided in the Act in- corporating said company, westerly along Rhode Island Route m city, .avenue to North Capitol street, to connect with the tracks of the Eckington and Soldiers' Home Railway Company, and thence southerly on said street over the tracks of said last-mentioned company to F street; the price for the use or purchase of said tracks to be fixed by the board of di- rectors of said companies, and on their failure to agree as to the price it shall be fixed by the supreme court of the District of Columbia, upon petition to be filed on the equity side of said court by either company. The said extension shall be completed within the time hereinbefore provided for with reference to the original line of said railway : Pro- vided, That nothing in this Act shall operate to authorize the erection of overhead wires within the limits of ^^^ city ^nc^ ^overhead of Washington. Sec. 4. That all Acts or parts of Acts inconsistent with this Act are hereby repealed. A^pn^rriAnt. Sec. 5. That Congress hereby reserves the right at any re^i^ ' time to alter or amend or repeal this Act. Approved, March 2, 1896. 156 LAWS RELATING TO STREET-RAILWAY FRANCHISES. ^^ebruary 20. AN ACT Extending the time within which the Maryland and Wash- ington Railway Company shall be required to complete the build- ing ot the road of said company, under the proyisions of an act of Congress approyed August first, eighteen hundred and ninety-two as amended by an act of Congress approyed March second, eighteen hundred and ninety-fiye. Be itenucted hy the Senate and Hmise of Representatives M.r.i.r.A H Y ' ^^^^f^ ^'^«^^« of America in Congress assembled. That wS|£n *Ry the time within which the Maryland and Washington Rail- %me for com- Z^^ Company is required to complete and put in operation pietionextended Its i-ailway in the District of Columbia, under the pro- ' ^^- visions of an act of Congress approved August first, eight- een hundred and ninety-two, as amended by an Act approved March second, eighteen hundred and ninety-five be, and the same is hereby, extended for the term of one year from the second day of March, eighteen hundred and ninety-six; and that all the franchises, rights, and powers conferred by said Acts, or either of them, upon said railway company mav be enjoyed and exercised as fully and completely as if said railway had been completed and put in operation prior to March second, eighteen hundred and ninety-six. Approved, February 20, 1896. June 27, 1898. t |i AN ACT To amend the charter of the Eckington and Soldiers* Home Railway Company of the District of Columbia, the Maryland and Washington Railway Company, and for other purposes. Be it enacted hy the Senate and Hmse of Bepresentatives of the United States of America in Congress assemUed, That the Eckington and Soldiers' Home Railway Company of the District of Columbia be, and it is hereby, authorized to purchase or lease the propertv and franchises or any part thereof, of the Maryland aiad Washington Railway Company of the District of Columbia and that part of the property and franchises of the Columbia and Maryland Railway Company of Maryland lying between the District J w ^ *^^^ ^^ Laurel, Maryland, and the Maryland and Washington Railway Company is hereby authorized c& to^ %t ^ ,«?J1 <^r lease its property and franchises to the said dSfS'^Homelt -S i'^^T' and SoldieiV Home Railway Company: Pro- co 'mded, Ih^t only one fare, not exceeding the rate now Fare. authorized by law, shall be charged for a single continuous ride ov^er all the lines in the District of Columbia affected by such purchase or lease. o ^f^' \^^^^ ^^e said Eckington and Soldiers' Home Railway Company, under the supervision of the Commis- sioners of the District of Columbia, shall fullv equip all Its lines now owned and operated within the city of Wash- ington and also the North Capitol street line from the mtersection of G street north and New Jersey avenue to T street north with an underground electric system essen- ^{^^ly similar to the underground system now in use by the Metropolitan Railroad Company in said city, upon plans LAWS RELATING TO STREET-EAILWAY FRANCHISES. 157 to be submitted to and approved by the said Commis- J|J^^?gJ^f sioners, and shall have its cars regularly running by- said system within twelve months from the passage of this Act: Provided, That nothing herein contained shall be construed as authorizing or permitting said company to use their conduits or cables or electrical conductors of any character whatever for the purpose of electric lighting or power, except such as may be necessary for the lighting and propelling of the cars and other machinery of such road and the power house of said company, or other prop- erty owned or acquired by said company adjacent to the lines of the road and necessary for the operation of said road: Provided, hmoefi^er. That the Commissioners of the District of Columbia are herebv authorized to permit street milway companies using the underground electric system to construct conduits not exceeding five blocks m length to connect their existing conduits for the purpose of conveying electric current to be used for street railway purposes^ onlv: And provided further. That before per- mits shall be Issued to begin such work all taxes and spe- cial assessments due and unpaid to the District of Columbia, and all indebtedness due the employees for labor, or due others for coal, feed, horseshoes, and other supplies, contracted for bv the receiver of the said Eckington and Soldiers' Home *Railway, duly appointed by the court, and used on behalf and for the benefit of said company, during such receivership, and to be approved by the court appointing such receiver, shall first be paid: Provided, That in case of any lines purchased or leased by said Eckington and Soldiers' Home Railway Company, such lines within the city of Washington shall be fully eqmpped with said underground electric system within twelve months from the completion of such purchase or lease, and the North Capitol street branch shall be completed with the underground system to the Soldiers' Home within twelve months from the opening and grading of said street. Sec. 3. That the route of the Eckington and Soldiers Home Railway Company shall be as at present, with the following changes, to wit: Between the intersections of T and Third streets northeast and R and Second streets northeast one ti-ack shall be abandoned, and in lieu thereof a single track shall be constructed between the same points on T and Second streets northeast; between the intersections of Eckington place and Florida avenue and New York avenue and First street northeast both tracks shall be abandoned, and in lieu thereof a double track shall be constructed between these two points, crossing Florida avenue and on First street; between the intersections of New York avenue and Fifth street and Fifth street and G street northwest, the roadway shall be widened to a width of forty -five feet, one-half at the expense of said company, and one-half at the expense of any District of Columbia appropriation available for such work; a single track be- tween First and C streets and Fourth and D streets north- Hi m I i'. h '• » n HI n I I 158 LAWS RELATING TO STREET-RAILWAY FRANCHISES. east shall be abandoned, and in lieu thereof a single track shall, be constructed on D and First streets northeast, between these points: Provided further, That the aban- doned tracks shall be removed, and the single tracks, with all the necessary switches, turn-outs, and so forth, shall be located subject to the approval of the Commissioners of the District of Columbia. Sec. 4. That the said Eckington and Soldiers' Home Railway Company is hereby authorized to issus its capital stock and its bonds to an aggregate amount sufficient to cover the cost of the property and franchises whose pur- chase or lease is herein provided for and the cost of the construction, equipment, and reequipment of the railway lines now owned by the said Eckington and Soldiers' Home Railway Company or hereafter to be acquired by said company, and to secure said bonds by mortgage or deed of trust of any part or all of its propertv and franchises, as now owned or hereafter to be acquired under the pro- visions of this Act or otherwise: Provided, That such stock and bonds shall be issued to such an amount and upon such terms as may be agreed upon by the majority stockholders of such company: And provided further, Ihat the issue of such bonds and stock shall not in the aggregate exceed the amount necessary for effecting any such purchase, lease, or acquisition and for the construc- tion, reconstruction, and equipment aforesaid, and the total outstanding bonds and stock shall in no event exceed the sum of one hundred and fifty thousand dollars per mile of single track. Sec. 5. That within sixty days from the date of the approval of this Act the Eckington and Soldiers' Home Railway Company shall deposit five thousand dollars with the collector of taxes of the District of Columbia to guarantee the construction, equipment, and reequipment ot its lines, as authorized and prescribed by this Act. If said sum is not so deposited, then this Act shall be void. If said sum is so deposited and the said lines are not recon- structed, equipped, and reequipped as herein provided for then said sum of five thousand dollars shall be forfeited to the District of Columbia, and this Act shall be void. Sec. 6. That the power to institute condemnation pro- Power to con demn extended r 1 ;. AT* 1 , J ^ icBuiutioii lo exiena tne charter ot the Maryland and Washington Railway Com- pany," approved August twenty-third, eighteen hundred and ninety-tour, be, and the same is hereby, continued in force one year from the passage of this Act. Sec. 7. Tliat on and after twelve months from the pas- sage of this Act the Eckington and Soldiers' Home ifail- way Company shall pay to the District of Columbia, in addition to all other taxes now required to be paid by the said Eckington and Soldiers' Home Railwav Company the LAWS RELATING TO STREET-RAILWAY FRANCHISES. 159 sum of fifty dollars for each and every day thereafter until said road shall be completed. Sec. 8. That nothing herein shall be construed to relieve any of the corporations herein mentioned from any just liability nor to in any manner affect any valid subsisting claim of any creditor against said corporations, or either of them. Sec. 9. That the Eckington and Soldiers' Home Railway ^,^^^^1"' Company is hereby authorized to change its name to City "^ ^*^' and Suburban Railway of Washington by a majority vote of its stockholders, such change to become operative when a certificate of the action of the stockholders shall have been recorded in the office of the recorder of deeds of the Dis- trict of Columbia; such certificate to be signed by the president, attested by the secretary, and the corporate seal to be attached thereto. Sec. 10. That Congress reserves the right to alter, amend, or repeal this Act. Approved, June 27, 1898. ^W \m METKOPOLITAN RAILEOAD COl^inr (EOTEACINO TOT COH^ KTUPTTrTIT AVEKUE AKD PAEK RAILWAY COMPASy, la* S?S SlLROAD COM?AKY, AHD THE BOTJNDAEY AKD 811- VEE SPEINGS EAILWAY COMPANY). AN ACT to incorporate the "Metropolitan Railroad Company" in *e_^3^i^ ^ District of Columbia. stats. 13, p. SM. Be it emHed hy the Senate and Hmme of Representative Metropolitan of the UnUed States of America ^nGo1^rmassmM ^^T^L^X- Alexander R. Shepherd, Richard W allach, Lewis O^phane, e^ 'tended). Samuel P. Brown, Nathaniel Wilson, franklin Tenney, Matthew G. Emery, Samuel Fowler, John Little J. O. McKelden Savles J. Bowen, John H. Semmes, D. O. i^or- fey WUlkm W. Rapley, Wm. G. Moore, Thomas Lewis, JoL B. Keasby, and cLrles H. Nichols, and their asso- ciates and assigns, be, and they are hereby, created a body corporate, under the name of the "Metropolitan Raihoad Company " with authority to construct and lay down a att^^ck milway, with the "f^^^Py . fS^rict of turn-outs, in the city of Washington in the Dis-t^'ct »* Columbia through and along the following avenue ad streets: Commencing at the Fn«tlon«f f^,«V^,tt*u„T alon^'' New Jersey avenue, at the north side of the Capitol , along The east side of New Jersey avenue to D street north along D street north, and along C street north and Ind ana avenue to the intersection of D street north ^>th Indiana avenue; along Indiana avenue, D street north and Louis- iana avenue to Fifth street west; along Fifth street west to F street north; along F street north to Fourteenth street west- along Fourteenth street west to I street north; along ntr^et no?th, across Pennsylvania avenue, to the junction of New Hampshire avenue and Twenty-third street west; thence along New Hampshire avenue to the Circle. Also, a double or^single tracl. branch railway, commencing at ?heTntersection of D street north and New Jersey avenue; along New Jersey avenue to Massachusetts avenue; along Massachusetts avenue to H street "orth; along H street north to Seventeenth street west, intersecting the double- track road. Also, a double or single track ro^'if.'^om the intersection of Fifteenth street west and I street north connecting with the double-track road at Fifteenth street westra ong I street north to New York avenue; along New Yorkivenue to Ninth street west; along Ninth street west to the Washington canal; with the Pnvilege of extend- ing the said branch road at any time flong.N?°tn street wist to M street north, along M street north to Twelfth ■4 16400—05 11 161 License cars. Constmctioii, 162 LAWS BELATING TO STREET-RAILWAY FRANCHISES. street west, and along Twelfth street west to the Wash- ington canal and Maryland avenue to the Potomac river, Motive wer^^*^ ^^® Tight to run public Carriages thereon drawn by (chaV^)5'^^'^<^^se power, receiving therefor a rate of fare not exceed- Fare. ing five cents per passenger, for any distance between the termini of either of the said main railway, or between the termini of either of said branch railways, or between either Subject to mu- *®r°^i"us of said main railway and the terminus of either of nicipai reguia-said branch railways: Provided^ That the use and main- ^^^'^^^ tenance of the said road shall be subject to the municipal regulations of the city of Washington within its corporate limits. Taxation. ^^^ gjjc. 2. And he it further enacted, That the said roads shall be deemed real estate, and they, together with other real property and personal property of said body corporate, shall be liable to taxation, as other real estate and personal property, and to license for their vehicles or cars in the cities aforesaid, except as hereinafter provided, and that all other corporations in the District of Columbia hereto- fore organized for like purposes shall be subject to pay license, as provided in this section. Sec. 3. And he it further enacted, That the said railway shall be laid in the centre of the avenues and streets, (excepting New Jersey avenue, and there it shall be laid as hereinbefore provided for,) as near as may be, without interfering with or passing over the water or gas pipes, in the most approved manner adapted for street rail- ways, with rails of the most approved patterns, to be determined by the Secretary of the Interior, laid upon an even surface with the pavement of the streets; and the space between the two tracks shall not be less than four feet, nor more than six feet; and the carriages shall not be less than six feet in width, the gtiage [gauge] to correspond with that of the Baltimore and Ohio Railroad. ^ Sec. 4. Andheit further enacted. That the said corpora- tion hereby created shall be bound to keep said tracks, and for the space of two feet beyond the outer rail thereof, and also the space between the tracks, at all times well paved and in good order, without expense to the United States or to the city of Washington. Sec. 5. And he it further e^iacted, That nothing in this cr^ H«*^* ®^^^^ prevent the Government at any time, at their cim^4°^^ ^option, from altering the grade or otherwise improving all avenues and streets occupied by said road, or the city of Washington from so altering or improving such streets and avenues and the sewerage thereof as may be under their respective authority and control; and in such event it shall be the duty of said company to change their said railroad so as to conform to such grade and pavement. Sec. 6. And he it further enacted. That this act may at any time be altered, amended, or repealed by the Congress of the United States. Paving. Amendment. ff See act of Congress, approved Aug. 2, 1894. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 163 Sec. 7. And he it further enacted. That nothing in this act shall be so construed as to authorize said body corpo- rate to issue any note, token, device, scrip, or other evi- dence of debt to be used as a currency. Sec. 8. Andheit further enacted. That the capital stock of said company shall not be less than two nor more than five hundred thousand dollars, and that the stock shall be divided into shares of fifty dollars each, and shall be deemed personal property, transferable in such manner as the by-laws of said company may direct. Sec. 9. And he it further enacted, That the said company shall place first-class cars on said railways, with all the modern improvements for the convenience and comfort of pasi^engers, and shall run cars thereon during the day as often as every four minutes on the route from the Capitol, via the Baltimore and Ohio Railroad depot and depart- ments, to the Circle; and on the other routes once in fifteen minutes each way, and until twelve o'clock at night as often as every half hour; and throughout the day and night as much of tener as public convenience may require. Sec. 10. Arid be it further enacted, Th2ii a^Adi company shall procure such passenger rooms, ticket oflSces, stables, and depots at such points as the business of the railroad and the convenience of the public may require. And the said company is hereby authorized to lay such rails through transverse or other streets as may be necessary for the exclusive purpose of connecting the said stables and depots with the main tracks. And the said company is hereby authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stables, and depots above mentioned. Sec. 11. And he it further enacted. That all articles of value that may be inadvertently left in any of the cars or other vehicles of the said company shall be taken to their 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. 12. And he it further enacted. That, within five days after the passage of this act, the corporators named in the first section, or a majority of them, or if any refuse or neg- lect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened and kept open, in some convenient and accessi- ble place in the city of Washington, from nine o'clock in the forenoon till five o'clock in the afternoon, for a period to be fixed by said corporators, not less than two days, (unless the whole stock shall be sooner subscribed for,) and said corporators shall give public notice, by advertise- ment in the daily papers published in the city of Washing- ton, of the time when and the place where said books shall be opened. And subscribers upon said books to the capital stock of the company shall be held to be stockholders: Pro- vided, That every subscriber shall pay at the time of sub- scribing twenty-five per centum of the amount by him May not issue notes, etc., as currency. Capital stock. Cais. Schedule. Passenger rooms, etc. Connection with depots and stables. Articles left in cars. Books of sub- scription to be opened. M Subscribers shall be stock- holders. 164 LAWS BELATING TO STEEET-BAILWAY FRANCHISES. Payment at time of subscrib- ing. ! Limit of sub- scripuon. First meeting Directors. Officers. 11 By-lawa Annual meet- ing. Free use of roadway. subscribed to the treasurer appointed by the corporators, or his subscription shall be null and void:'^ Provided further, That nothing shall be received in payment of the' twenty- five per centum at the time of subscribing except money: Provided further. That no person shall be allowed to sub- scribe for more than fifteen thousand dollars. And when the books of subscription to the capital stock of. said com- pany shall be closed, the corporators named in the first section, or a majority of them, and in case any of them re- fuse or neglect to act, then a majority of the remainder, shall, withm twenty days thereafter, call the first meeting of the stockholders of said company to meet within ten days thereafter for the choice of directors, of which public notice shall be given for five days in two public newspapers pub- lished daily in the city of Washington, or by written personal notice to 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. 13. And he it further enacted, That the government and direction of the affairs of the company shall be vested in the board of directors, seven in number, who shall be stockholders, and who shall hold their office for one year, and till others are duly elected and qualified to take their places as directors. And the said directors (a majority of whom, the president being one, shall 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 treasurer, who shall give bonds with surety to said company, in such sum as the said directors may require, for the faithful discharge of his trust. In case of a vacancy in the board of directors by the death, resignation, or oth- erwise, of any director, the vacancy occasioned thereby shall be filled by the remaining directors. Sec. 14. A7id he it further enacted. That the directors shall have full power to make and prescribe such by-laws, rules, and regulations as they shall deem needful and proper, touchingthedispositionanJmanagementof the stock, prop- erty, estate, and effects of the company, notcontraiy to the charter, or to the laws of the United States and the ordi- nances of the city of Washington: Pr Annual report. ^ '• Cost of road. Itt 166 LAWS RELATING TO STREET-RAILWAY FRANCHISES. the payment of all costs and charges which shall be recov- ered against said city by reason of the failure of the com- plainant to prosecute or maintain his said complaint. Sec. 22. Andhe it further enacted. That the said railroad company shall, by the fifteenth day of January, after the completion of said road, and annually on or before that day thereafter, transmit to Congress a full report of the affairs, business, and condition of the said company for the year terminating December thirty-one preceding such report, and such report shall be signed and sworn to by the presi- dent and treasurer of the company, or by a majority of the directors, and shall specify the following items: First, Capital stock fixed by charter. Second, Capital stock sub- scribed and actually paid in in cash. Third, Dividends made to stockholders on the capital stock of the company and when made. Fourth, Total capital stock at the termi- nation of the previous year. Fifth, Funded debt of the company, and in what way secured. Sixth, Floating debt of the company. Seventh, Total indebtedness of the com- pany exclusive of capital. Cost of road. Eighth, Total cost of rails, chains, spikes, and other iron used in con- struction. Ninth, Total cost of ties, stringers, and other wood or timber used in construction. Tenth, Cost of pav- ing-stone, gravel, and other material used in construction not above enumerated. Eleventh, Cost of labor in the construction of the road. Twelfth, Cost of engineering and salaries paid to oflScers and agents of the company, and discount of interest paid on loans. Thirteenth, Amount ex- of equipment, pended in repairs of road. Cost of equipment. Fourteenth, Number and cost of cars. Fifteenth, Number of horses or mules used in the service of the road, and cost. Sixteenth, Cost of harness and other appointments. Seventeenth, Cost of tools and fixtures, including furniture of oflices. Eight- eenth, Cost of real estate and improvements thereon bv Characteristics, the company . Characteristics. Nineteenth,Total length Jf roads, measured at single track, including switches and turn- outs. Twentieth, Weight and character of rail. Twenty- first, Number of passengers carried during the year. Twenty-second, Average number of passengers per'trip. ncome. Income of road. Twenty-third, Total receipts from passen- gers. Twenty-fourth, Total recipts from other sources, and what sources. Expenses of operation and maintenance of road. Twenty -fifth. Amount of salaries paid to officers of the company. Twenty-sixth, Amount paid to employees, with the number each of clerks, conductors, drivers, station- keepers, and laborers. Twenty-seventh, Amount paid for taxes of all kinds, and insurance. Twenty-eighth, Amount paid for reconstruction of and repairs to track, turn-outs, Miscellaneous, and other structures. Miscellanenous. Twenty-ninth, Amount of dividends paid during the preceding*^year in cash, and dividends in stock to stockholders and percent- age of each. Thirtieth, Increase of capital stock, if any, during the year. Thirty-first, Number of persons killed or LAWS RELATING TO STREET-RAILWAY FRANCHISES. 167 seriously injured on the road during the previous year, and the causes thereof. Sec. 23. And he it further enacted, That it shall be the duty of said company, when said road is completed, to have prepared tickets for passage on their cars, and to keep them at their office for sale by the package of twenty-five or over at the rate of twenty -five for the dollar. Approved, July 1, 1864. Sale of ticketa AN ACT To amend an act entitled "An act to incorporate the Metro- March 3, 1865. politan Railroad Company in the District of Columbia.'* stats. 13, p. 536. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled That R.^®*c??chirte^ an act entitled ''An act to incorporate the Metropolitan amended. Railroad Company in the District of Columbia," approved July first, eighteen hundred and sixty-four, be, and the same hereby is, amended as hereinafter set forth, namely, that the first section be, and hereby is, amended by striking out all after the words ''along H street north to Seventeenth street west, intersecting the double-track road," and insert- ing: also a double or single-track railway, commencing at Routechanged. the intersection of D street north and Four-and-a-half street west, along Four-and-a-half street west to the gate of the Arsenal; also a double or single-track branch railway commencing at the intersection of Ninth street west and the Washington canal, along Ninth street west to M street north, along M street north to Twelfth street west, along Twelfth street west to the Washington canal and Mary- land avenue to the Potomac River; also a double or single- track branch railway, commencing at the intersection of Massachusetts avenue and H street north, along Massachu- setts avenue to K street north, along K street north to the Circle, with the privilege of extending the said branch road at any time along K street north to Rock creek, across the bridge over Rock creek to Water street, Georgetown, along Water street in Georgetown to Green street, along Green street to Gay street, and along Gay street and First street to Fayette street, Georgetown, with the privilege of extend- ing at any time the road now in operation from Seventeenth street west to the Capitol, from the present terminus of said road on A street north, along A street north to first street east, along first street east to East Capitol street, along East Capitol street to Ninth street east, along Ninth street east to L street south, with the right to run public carriages thereon, drawn by horse power, receiving therefor a rate^f fare not exceeding eight cents per passenger, for any distance between the termini of either of said main railways or between the termini of said branch railways or between either terminus of said main railway, and the terminus of either of said branch railways: Provided^ That ^i^^^^f^y** ™J;: the use and maintenance of the said road shall be subject SSf Rates of fare. 1 Stock creased. in Payment. 168 LAWS RELATING TO STREET-RAILWAY FRANCHISES. to the municipal regulations of the city of Washington within its corporate limits. Sec. 2. And he it further enacted, That section eight be, and hereby is, amended by striking out the words ''five hundred thousand dollars," and inserting the words "one million dollars:" Provided^ That the directors of said Metropolitan Railroad Company shall have power to require the subscribers to the capital stock to pay the amount by them respectively subscribed at such time, and such man- ner, and in such instalments, as they may deem proper; and if any stockholder shall refuse or neglect to pay any instalments, as required by a resolution of the board of directors, after reasonable notice of the same, the said deS!"^ "^^^ "" board of directors may sell at public auction, to the highest bidder, so many shares of said stock as shall pay said instalments, (and the highest bidder shall be taken to be the person who offers to purchase the least number of shares for the assessment due,) under such general regula- tions as may be adopted in the by-laws of said corporation, or may sue for and collect the same in any court of compe- tent jurisdiction. Sec. 3. Andhe it further enacted^ That section seventeen be, and hereby is, so amended as to allow the said corpora- tion three years from the date of the approval of this act in which to complete the railways herein described and those described in the act to which this is an amendment. Sec. 4. Andheit farther enacted. That the twenty-second section be, and hereby is, amended by striking out the words " at the rate of twenty -five for one dollar," and inserting the words '' at the rate of sixteen for one dollar." jMiusion from Sec. 5. And he it further enacted. That the provision pro- hibiting any exclusion from any car on account of color, already applicable to the Metropolitan Railroad, is hereby extended to every other railroad in the District of Columbia. Approved March 3, 1865. Time for com pletlon. Tickets. I Jan. 30, 1865. AN ACT To amend an act entitled "An act to incorporate the Metro- Stats. 13, p. 426. politan Railroad Company in the District of Columbia," approved July 1, 1864. Beit enacted hy the Senate and House of Eepresentatives ui(S^ "^ofthe United States of America in Congress assmthled, That section 17 of the act to incorporate the Metropolitan Rail- road Company of the District of Columbia, approved July 1, 1864, be, and the same is hereby, amended so as to ex- pi^Vn'"??:*®^^ ^^^ ti^^ for the completion of their railroad line, tended. except that part thereof between Seventeenth street and the Capitol, for one year from the passage of this act: Provided, hawevet^ That the line from Seventeenth street and the Capitol be completed, equipped, and running within thirty days from the passage of this act. Approved January 30, 1866. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 169 AN ACT Extending the time for the completion of certain street rail- March 2. 1867. way s. Stats. 14, p. 440. Be it enacted hy the Senate and Rouse of Repr^mtatwes of the United States of America in Congress assembled, Ihat^M^etropoiuan section seventeen of the act to incorporate the Metropolitan Railroad Company, in the District of Columbia, approved Julv 1, 1S64, be, and the same is hereby, still further amended so as to extend the time for the completion of pT^^f^^«'««5; their railroad line, except that part thereof between bev- tended, enteenth street and the Capitol, for three years from the first day of January, 1866. Approved March 2, 1867. AN ACT Relating to the Metropolitan Railroad Company. March 3, 1869. Be it enacted hy the Senate and House of Rejpresentat^es ^^^^' ^^' P;^* of the United States of America in Congress assenfahUd,jy^^t ^l^}^^""^^^"^ the Metropolitan Railroad Company, in the District of Co- lumbia, be, and is hereby, allowed five years from and pTime^^or com- after the passage of this act for the completion of its lines tended, of street railways, authorized by the acts of July first, eighteen hundred and sixty-four, and March third, eighteen hundred and sixty-five, anything contained in said act or any other acts to the contrary notwithstanding. Approved March 3, 1869. AN ACT To incorporate the Connecticut Avenue and Park Railway July 13. 1868. Company, in the District of Columbia. stats. 15, p. 85. Be it enacted hy the Senate and House of Representatives ^^^ ^^^ ^^ of the United States of America in Congress assembled, 1 hat Park Railway Augustus B. Stoughton, John Little, John L. Kidwe ^^J^^^^^^'^p^' George H. Plant, LeRoy Tuttle, G. W. Hopkins, R. M. Hall, ^J^^^^^ ^r and their associates and assigns, be, and they are hereby, r. co.) created a body corporate, under the name of the Connecti- cut Avenue and Park Railway Company, with authority to construct and lay down a single or double track railway, with the necessary switches and turnouts, in the city of Washington, in the District of Columbia, through and along the following avenues, streets, and highways: Com- mencing at the intersection of Seventeenth street west and Pennsylvania avenue; along the west side of Seven- teenth street to its intersection with H street north; thence along Seventeenth street west to its intersection with Con- necticut avenue; thence along said avenue to Boundary street. Also, from the intersection of Boundary street and Connecticut avenue; along the county road from such intersection; thence on any road opened, or which mav hereafter be opened, west of the Fourteenth-street road, to within or through the proposed public park, or to the county line of Washington County, with the right to run public carriages thereon drawn by horse power, receiving Route. v.: Taxation. License cars. for. Construction. 1/ It 170 LAWS RELATING TO STKEET-RAILWAY FEAKCHISES. tl^fnJ h:«^*' °* **'■'' "Jf e'^ceeding six cents a passenger mfliorifvfi»^'"tK''u'^"^ ™?^-" ^'^»<^^, That shoulf a thehfflr«lf1 *'^''R'^^'■^'° ^'*^*'*' «*'''* '•"^'J' «ftei- reaching iiV^ .^''*"*?- °^ .Boundary street and Connecticut avenue instead of continuing from said intersection up the county road now opened may be constructed along Boundary street in the direction of Meridian Hill to any county road opened wes't and"?.;^ ^'''f''' '"'T'''^^ ^^' ^' sfxt3treet west and thence along said county road by the most prac- ticable route to the terminus neaV, at, infor throulrthe proposed park, as hereinbefore provided bEC. 2. And be it further enacted. That said road shall be deemed real estate, and, together with other real and per! sonal property of said body corporate, shall be liable to taxation as other real estate a„5 personal property and to license for their vehicles or cars'^in the city a^nd county aforesaid, except as hereinafter provided ' <.V.,n *V> ^"i 4**^ \H. further enacted. That the said railway shall be laid m the centers of the avenue and street^ b the city (excepting Seventeenth street; there it shall be laid as hereinbefore provided for,) as nekr as may be with! put interfering with or passing over the water or gas pipes m the most approved manner adapted for street railways! with rails of the most approved pattern, to be determined by the Secretary of the Interior, [aid upon an even surface with the pavement of the streets or avenues; and the sp^e tetween the two tmcks, when two are laid, shall not be (See footnote S ft be"[e '!«" ' " 'T f^"" ^^5 '^^\ ''"'^ »»»« ^^'^^S^ fojgaoge.) snail not be less than six feet m width, the muw to corre spond with that of the Baltimore and Ohio Bt^A. Tha the railway m the county shall be laid in such manner L wil least interfere with the ordinary travel of the roads on which the said track shall be laid. " Sec. 4. And he it further enacted. That the said corpora- tion hereby created shall be bound to keep said traX and for a space of two feet beyond the outer rail thereof' and also the space between the tracks, at all times well paved and in good order, without expense to the United sK the city or county of Washington. ' teEc. 5. And he it further enacted. That nothing in this act shall prevent the Government at any time at thei? option from altering the grades or otherwise improving all avenues and streets occupied by said road, or the citf of Washington from so altering or improving such streete and avenue-s and the sewerage thereof, as may be under t XauTthJH.7'''T"^v?"^ ''""*'"'' *"d '» -'h "ent it shall be the duty of said company to change their said railway so as to conform to such grade and pa'Vement. bEO. 6. And he tt further enacted. That this act may be" ^ o, notes 'f ^^ uTtedSs'""^"'^'^' '' ''^'''^ ''^ *•"« C-^-- ?o^^S™°^'.. f^-,1\-^^^^^^fi^fi^- enacted. That nothing in this -orbidden. act shaU be so construed a« to authorize said bod> corpo! Paving. Orade may be changed. Amendment. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 171 rate to issue any note, token, device, scrip, or other evi- dence of debt to' be used as currency. Sec. 8. And he it further enacted. That the capital stock of said company shall be not less than fifty thousand dol- lars, nor more' than two hundred thousand dollars, and that the stock shall be divided into shares of twenty-five dollars each, and shall be deemed personal property, trans- ferable in such manner as the by-laws of said company may direct. Sec. 9. And he it furthet^ enacted, ThdXth^^diiacom^^wy shall place first-class cars on said railway, with all the modern improvements for the convenience and comfort of passengers, and shall run cars thereon during the day as often as every ten minutes, between Pennsylvania Avenue and Boundary Street, and through the day and night on the entire road, or such portions as may be completed, as often as the public convenience may require. Sec. 10. And be it further enacted. That the said company shall procure such passenger rooms, ticket offices, stebles, and depots, at such points as the business of the railroad and the convenience of the public may require. And said company is hereby authorized to lay such rails through transverse or other streets as may be necessary for the exclusive purpose of connecting the said stables and depots with the main tracks. And the said company is hereby authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stables, and depots above mentioned. Sec. 11. A7id he it further enacted. That all articles of value that may be inadvertently left in any of the cars or vehicles of the said company shall be taken to their prin- cipal depot, and entered in a book of record of unclaimed goods, which said book shall be open to the inspection of the public at all reasonable hours of business. Sec. 12. Ajid he it further enacted. That within thirty days after the passage of this act the corporators named in the first section, or a majority of them, or, if any re- fuse or neglect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened and kept open, in some conve- nient and accessible place in the city of Washington, from nine o'clock in the forenoon until three o'clock in the afternoon, for a period, to be fixed by said corporators, not less than two days, and said corporators shall give public notice, by advertisement in the daily papers pub- lished in the city of Washington, of the time when and the place where said books shall be opened; and subscribers upon said books to the capital stocik of the company shall be held to be stockholders: Provided, That no one indi- vidual shall be allowed to subscribe for more than one hundred shares of said stock: Provided, further. That every subscriber shall pay at the time of subscribing twenty-five percentum of the amount by him subscribed to Capital stock. Cars. Schedule. Passenger rooms, etc. Articles left in cars. Books of snb- scription to be opened. Subscribers to be stockholders. Payments. 172 LAWS BELATING TO STREET-RAILWAY FRANCHISES. tbe treasurer appointed by the corporators, or his subscrip- tion shall be null and void. If, at the end of two days, a larger amount than the capital stock of said company shall have been subscribed, the books shall be closed, and the said corporators named in the lirst section shall forthwith proceed to apportion said capital stock amone the sub- scribers pro rata, and make public proclamation of the number of shares allotted to each, which shall be done and completed on the same day the books are closed: Provided, /urtAer Th'dt nothing shall be received in pavment of the twenty-fivfe per centum at the time of subscribing except money. And when the books of subscription to the capi- tal stock of said company shall be closed, the corporators named m the first section, or a majority of them, and, in case any of them refuse or neglect to act, then a maioritv nm meetings , remainder shall, within ten days thereafter, call the ofstSdSidf«°^6rst meeting of the stockholders of said company to meet within ten days thereafter for the choice of directors of which public notice shall be given for five days in two public newspapers published daily in the city of Washing- ton or by written or printed personal notice to each stock- holder by the clerk of the corporation. And in all meetings of stockholders each share shall entitle the holder to oSe vote, to be given in person or by proxy. Sec. IZ.Andheitfurthei^mdcted, That the government Director.. f ""^ ^^^''^f'' ?K ^^^^ ""^'^^^^ ^^ ^^^ company shall be vested "'^ in a board of directors, seven in number, who shall be stockholders, and who shall hold their oflSce for one vear and until others are duly elected and qualified to take'^their places as directors. And the said directors (a majority of Officers. ZCT' \ P/;^pd^"t being one, shall 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 treasurer, who shall give bonds with surety to said company in such sum as the said directors may require, for the faithful discharge of his trust. In case of a vacancy m the board of directors, by the death, resignation, or otherwise of any director, the vacancy occasioned thereby «y-l»wi ® c ^ *^^ remaining directors. ^ 1. n u ^"^'/n"^ ^^ it further enacted. That the directors shall have full power to make and prescribe such bv-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 city and count v of Washington: Provided, That the directors of said corporation shall have power to require the subscribers to the capital stock to pay the amount by them respectively subscribed at such time, after the first instalment, in such manner and in such amounts as they may deem proper; and if any stockholder shall refuse or neglect to pay any instalments, as required by a resolution of the board of directors, after reasonable notice of the same, the said board of directors may sell at LAWS RELATING TO STREET-RAILWAY FRANCHISES. l73 public auction, to the highest bidder, so many shares of said stock as shall pay said instalments, (and the highest bidder shall be taken to be the person who offers to pur- chase the least number of shares for the assessment due,) under such general regulations as may be adopted in the by-laws of said corporation, or may sue for or collect the same in any court of competent jurisdiction. , „ , Sec. 15. And he it further enacted. That there shall be an annual meeting of the stockholders, for choice of direc- tors, to be holden at such time and place, under such con- ditions, 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 Congress and the stockholders. Sec. 16. And he it further enacted, That the mayor, council of said city, and the levy court of said county, and the several officers of these corporations, and the said cor- porations, are hereby prohibited from doing any act or thing to hinder, delay, or obstruct the construction or operations of said railway, as herein authorized. Sec. 17. And he it furthei^ enacted. That the said com- pany shall have at all times the free and uninterrupted use of the roadway. And if any person or persons shall wil- fully and unnecessarilv obstruct or impede the passage or destroy the cars, depot stations, or any other property belonging to said railway company, the person or persons so offending shall forfeit and pay for each such offence the sum of ten dollars to said company, to be recovered and disposed of as other fines and penalties in said city or county; and shall remain liable, in addition to said pen- alty, for any loss or damage occasioned by his, her, or their act, as aforesaid; but no suit shall be brought unless commenced within sixty days after such offence shall have been committed. Sec. 18. Andhe it further enacted. That unless said cor- poration shall make and comi)lete their said railway or railways between Pennsylvania avenue and Boundary street within eight months after the company shall have been organized, then this act shall be null and void, and no rio-hts whatsoever shall be acquired under it; and that the remainder of said road shall be completed within four years to its proposed terminus in the county of Washington. Sec. 19. Andhe it further enacted. That there shall be no regulations excluding any person from any car on account Sec. 20. And he it further enacted. That each of the stockholders in the Connecticut Avenue and Park Rail- road Company shall be individually liable for all the debt and liabilities of said company to an amount equal to the amount of stock held by such stockholder. , „ ^ ,, Sec. 21. Aiid he it further enacted. That it shall be the duty of said company, when said road is completed be- tween Pennsylvania avenue and Boundary street, to have prepared tickets for passengers on their cars, and to keep stock in ar- rears. Annual meet- ing. Report Construction and operation of road not to be hindered. Free use of roadway. Time for com- pletion. Exclusion from cars. Liability ol stockholders. Ticketa. * 11 174 LAWS RELATING TO STREET-RAILWAY FRANCHISES. them at their office for sale by the package, at the rate of ProvHons of c ^^ ^^"^^ ^"^ twent\- for one dollar. chartirif Wash- . ^^^' 22. And he it further enacted^ That all the provi- Geo'4?tSwn^ro"a^?.^^"« <^/ ^^^^ ^ct incorporating the Washington and made applicable trcorgetown Kailroad Company, requiring reports of ex- penditures, earnings, and otherwise, shall be applicable to the company herein incorporated, which shall make reports as in said act required. ciauL^^*^'"*^ Sec. 23. And he it further enacted, That all acts and parts Of acts heretofore passed, which are inconsistent with any of the provisions of this act, are, for the pur- poses of this act, hereby repealed, so far as the same are inconsistent herewith. Passed the House of Representatives May 8th, 1868. Attest: Edwakd M'Pherson, Clerk, By Clinton Lloyd, Chief Clerk Passed as here written, with the exception of an amend- ment inakmg the gauge of the road same as the Washing- ton and Georgetown instead of the Baltimore and Ohio Kailroad, as first drawn. Approved, July 13, 1868. Jan. 19, 1872. Union Kailroad Company. Union Raiirn«H /> f^ ^{^^ctedhy the Legislative Assemhly of the District of cSSlTnf 'f Oolumhia, ThatLe YisClephane, Hallet Rilbourn, Matthew poiitanR.R. Co.) Henry A Willard, A. P. Brown, Riley A. Shinn, Samuel fowler, Poulus Thysun, Thomas Lewis, John C. Parker, Robert C. Hevvett, P. M. Plowman, H. O. Hoyt, and H. T. Wisewell, and their associates and assigns, are created a body corporate, under the name of the '' Union Railroad Company with authority to construct and lav down a single or double-track railway, with the necessary switches and turnouts, in the cities of Washington and Georgetown, Route(ainend- ?" ^^^ ^'®^™* 5^ Columbia, through and along the follow- «>•) ing avenues and streets: Commencing at the junction of -fifteenth street and New York avenue, along Fifteenth .street to I street; along I street to Connecticut avenue: along Connecticut avenue to P street; along P street to and over the bridge crossing Rock creek at P street to West street, Georgetown; along West street to High street, and alongHigh street to Second, Third, or Fourth street; along becond, Third, or fourth street to Fayette or Warren street, with the privilege of passing through West street to Montgomery street, through Montgomery street to Stod- dard street, through Stoddard street to High street; alonor High street to Second, Third, or Fourth street; alon| becond, Third, or Fourth street to Fayette; along Fayette Fare. LAWS EELATING TO STREET-RAILWAY FRANCHISES. 175 street to its intersection with High street; along High street to the northern boundary-line of Georgetown; also with the privilege of connecting with the Metropolitan Rail- road (by consent of said Railroad Company) at the corner of Seventeenth and H streets, and running up Seventeenth to Connecticut avenue; also a branch road, to be con- structed and run at the same time and in the same manner as the main road, commencing at the intersection of Nine- teenth street west and P street north, and running along said P street to Seventh street west; with the privilege of extending said branch road along P street to North Capi- tol street; along North Capitol street and the road leading therefrom to Glenwood Cemetery. And in case the com- pany incorporated by this bill connect their road, hereby authorized, with the Metropolitan Railroad at Seventeenth and H streets, they shall not be compelled by any provi- sions of this Charter to construct that portion of the road hereby authorized between the intersection of Connecticut avenue and Seventeenth street, and New York avenue and Fifteenth street; with the right to run public carriages on the road hereby authorized, drawn by horse power, re- ceiving therefor a rate of fare not exceeding five cents per passenger for any distance between the terminus of said railroad: Provided, That but a single track be laid on Fif- teenth street, between I street and Pennsylvania avenue. Sec. 2. And he it further enacted. That the said road shall be deemed real estate, and, together with the other real estate and personal property ot said company, shall be liable to taxation as other real estate and personal property, and subject to license for their vehicles or cars in the cities aforesaid the same as other railroad companies heretofore organized for like purposes are. Seo. 3. And he it further enacted, That the railway shall be laid in the center of the avenues and streets, unless otherwise directed bv the Board of Public Works, and said company shall conform to the grade of the streets and avenues in laying rails thereon. Sec. 4. And he it further enacted, That the company shall be bound to use the flat rail, similar to the one now used on Pennsylvania Avenue, to keep the streets between and for two feet on either side of its tracks paved and in good order, without expense to the District of Columbia, subiect to the approval of the Board of Public Works; and nothing in this act shall prevent the grade of any street or avenue from being altered by the government of the Dis- trict of Columbia at any time, and, in the event of a change of grade, the said railroad company shall change their track to conform therewith, at the expense of said company. Sec. 5. And he it further enacted. That this act may be altered or amended by the Legislature of the District of Columbia at any time, and the said company is not author- ized to issue any note, token, device, or scrip, or other evidence of debt to be used as currency. Taxation. License for cars. Conftruction. Rails. Amendment. Cars. Schedule. rooms 176 LAW& BELATING TO STREET-RAILWAY FRANCHISES. ®'°**- • Sec. 6. And he it further enacted^ That the capital stock of said company shall not be less than fifty thousand dol- lars, nor more than one hundred thousand dollars, and shall be divided into shares of fifty dollars each, and shall be deemed personal property, transferable in such manner as the by-laws of said company may direct. Sec. 7. A nd he it further enacted^ That the company shall place first-class cars on said railway for the convenience and comfort of passengers, and shall run cars thereon dur- ing day hours as often as every ten minutes, and during night hours, until twelve o'clock, as often as twenty minutes, «m8%te''*^"*P^ ^^^^ *^® company shall procure such passenger rooms, ticket offices, stables, and depots, at such points as the business of the railroad and the convenience of the public may require; and the company is hereby authorized to lay such rails through transverse or other streets, not exceed- ing two squares, as may be necessary for the exclusive pur- ^^^nectingpose of connecting the said stables and depots with the mam tracks, and the said company is hereby authorized to purchase or lease such lands or buildings as may be neces- ^ry for the passenger rooms, ticket offices, stables, and depots above mentioned. • By-laws. ^ec. a And he it further enacted. That the directors shall have full power to make and prescribe such by-law, rule, and regulation as they shall deem needful and proper touching the disposition and management of the stock, property, estate, and effects of the companv not contrary to the charter, or to the laws of the United States and the fr^^^'*^'' ordinances of the District of Columbia: Provided, That there shall be no regulation excluding any person from any car on account of color. 8cri?tton. ^^ Sec. 9. Andhe it further enacted. That the incorporators of said road shall, within thirty days after the passage of this act, meet and organize, and open and keep open for two weeks books of subscription, at some place made known by advertisement in at least one daily paper pub- lished in the District of Columbia, to the capital stock of said company; and the said company shall organize and complete the line of said road within one year from the passage of this act. Approved. January 19, 1872. [Obsolete.] Jan. 19, 1872. AN ACT To incorporate the Boundary and Silver Spring Eailwav Company of the District of Columbia. Be it enacted hy the Legislative Assemhly of the District of ^^e^^ilt f^^^'^^^f ' That Wm. Bell, EnosRay, Sr., C. Osborn, Abner Railway Com- Shoemaker, Thcodore Lay, F. Rohrer, B. T. Swart J Ford ^Tab^^b'^by Thompson, Lewis Clephane, J. C. Lewis, William Thomp- MetKjpoiitan R. SOU M. Blair Jno. B. Clagett, J . H. McChesney , D. B. Car- penter, M. G. Emery, Jno. Saul, O. O. Howard, G. W. Route. Motive power. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 177 Balloch, Simon Wolf, P. May, John Angerman, John Baker Smith, Richard Wallach, S. L. Phillips, John Van Riswick, A. B. Olin, Charles Stewart, Henry Glick, John Widmeyer, L. H. Hall, Charles Eble, Edward Engles, Casper Kneesi, Frederick Hughes, George Walker, Hugo Kandler, Ernest Schmidt, Christian Xander, G. Gussler, Louis Byers, George Killian, A. Spooks, Jacob Hasner, Charles Ruppert, Joseph Flynn, Edward Fordan, V. S. Moulton, D. P. Hickling, Ira Hopkins, and S. H. Wil- liams, and their associates and assigns, be, and they are hereby, created a body corporate, under the name of the Boundary and Silver Spring Railway Company, with authority to construct and lay down a single or double- track railway, with the necessary switches and turnouts, in the county of Washington, in the District of Columbia, along the following highway: Commencing at the point of intersection of Boundary street of Washington city and Rockville Turnpike, the same being a continuation of Seventh street west in the city of Washington, in said District; thence running northerly along the said highway to its intersection of boundary line of the District of Co- lumbia and the State of Maryland, with the right to run public carriages or cars, to be drawn either by steam, dummv engines, or horse-power, receiving therefor a rate of fare not exceeding five cents a passenger for transpor- tation to Rock Creek Church road, ten cents a passenger for transportation to Brightwood, and fifteen cents a pas- senger for transportation to the boundar}' of the District of Columbia: Provided, That steam power shall not be used on the said railway entering the city boundary. Sec. 2. And he it further enacted. That the said railway shall be constructed in such manner as will least interfere with the ordinary travel of said road, and subject to the approval of the Board of Public Works for said District; and the said corporation shall be bound to keep said track, and for the space of two feet beyond the outer rail thereof, and also the space between the tracks, well graveled or paved, and in good order, without expense to the District of Columbia, so as not to impede the general travel on said road by vehicles or otherwise. Sec' 3. And he it further enacted, That nothing in this act shall prevent the proper authorities from altering the grade or otherwise improving said highway, and in such event it shall be the duty of said company to change their said railway so as to conform to such grade; and if at any time such grade shall be changed for the benefit of said railway company any expenses that may be incurred by property -holders affected by such change of grade shall be borne by the said railway company. Sec. 4. And he it further enacted. That this act may at any time be altered, amended, or repealed by the Legisla- tive Assembly of the District of Columbia, or by the Con- gress of the United States. 16400—05 12 Construction. Change of grade. Amendment. 178 LAWS BELATING TO STREET-BAIL WAY FBANCHISES. Stock. Sbc, 5. And he it further enacted^ That the capital stock of said company shall not be less than fifty thousand dol- lars, or more than two hundred thousand dollars, and the stock shall be divided into shares of twenty-five dollars each, and shall be deemed personal property, transferable in such manner as the by-laws of said company may direct, rooms! etef ^^^ S^c. 6. And he it further enacted^ That the said company shall provide such passenger rooms, ticket oflSce, stables, and depots as the business of the railroad and the con- venience of the public may require; and said company is authorized to lay such rails through such other roads as may be necessary for the exclusive purpose of connecting ' • the said stables and depots with the main track; and the said company is hereby authorized to purchase or lease such lands or buildings as may be necessary for the purpose aforesaid. BcriJtSi ** to^"^ ^^^' '^' ^^^ ^^ ^^ further enacted. That within two months opened. after the passage of this act the corporators named in the first section, or a majority of them, or, if any refuse to act, then a majority of the remainder, shall cause books of sub- scription to the capital stock of said company to be opened, and kept open, in some convenient and accessible place or places m the city of Washington, for the period of (to be fixed by said corporation) not less than two weeks; and said corporation shall give public notice, by advertisement in not less than two daily papers published in the city of Washington, of the time when and the place where said books shall be opened, and subscribers upon said books to the capital stock of the company shall be held to be stock- holders: Provided, That every subscriber shall pay at the time of such subscribing twenty-five per centum of the amount by him subscribed to the treasurer appointed by the corporators, or his subscription shall be null and void. If, at the end of two weeks, a larger amount than the capi- tal stock of said company shall have been subscribed, the books shall be closed, and the said corporators named in the first section shall forthwith proceed to apportion said capital stock among the subscribers pi'o rata^ and make public proclamation of the number of shares allotted to each, wnich shall be done and completed on the same day the books are closed : Provided^ further^ That nothing shall be received in paj^ment of the twenty-five per centum, at the time of subscribing, except money. And when the books of subscription of the capital stock of said company shall be closed, the corporators named in the first sec- tion, or a majority of them, 7nay [and] in case any of them refuse or neglect to act, then a majority of the remainder of^S;kh™wira^ ®^^^^' within ten days thereafter, call the first meeting of the stockholders of the company, to meet within ten days thereafter, for the choice of seven directors, of which public notice shall be given for five days, in not less than two public newspapers published in the city of Washington. And in all meetings of stockholders each share shall entitle the holder to one vote, to be given in person or by proxy. LAWS BELATING TO STBEET-EAILWAY FBANCH1SE8. 179 Officers. By-laws. Sec. 8. And he it further enacted. That the government ^^^^^'^^^^^'^t and direction of the affairs of the company shall be vested in a board of directors, seven in number, who shall be stock- holders, 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 them, the president being one, shall constitute 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 treasurer, who shall file bonds with security to said company, in such sum as the said directors may require, for the faithful discharge of their trust. In case of a vacancy in the board of directors by death, resignation, or otherwise, of any director, the vacancy occasioned thereby shall be filled by the remaining directors. Sec. 9. Andhe it further enacted, That the directors shall have full power to make and prescribe such by-laws, rules, and regulations as they shall deem needful and proper respecting the disposition and management of the stock, property, estate, and effects of the company, not contrary to this charter and the laws: Provided, That the directors of said corporation shall have power to require the subscrib- ers to th© capital stock to pay the amount by them respec- tively subscribed at such time, (after the first instalment,) in such manner and in such amounts as they may deem proper; and if any stockholder shall refuse or neglect to pay any instalments, as required by a resolution of the board of directors, after thirty days' notice of the same, the said board of directors may sell at public auction, to the highest bidder, so many shares of his said stock as shall pay said instalment, and the highest bidder shall be taken to be the person who offers to purchase the least number of shares for the assessment due, under such general regulations as may be adopted in the by-laws of said corporation, or said body corporate may sue and collect the same f roni any de- linquent subscriber in any court of competent jurisdiction. Sec. 10. Andheit farther enacted. That there shall be an .^Annual meet- annual meeting of the stockholders for choice of directors, to be holden at such time and place, 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 Legislative Assem- bly of the District of Columbia. Sec. 11. ^^^J6^^Y/'^r?5A6'?v?iacif€6?, That the said company ,JJ^Jy;»«« °' shall have at all times the free and uninterrupted use of their roadway: Provided, That one-half the said road shall be completed within one year from the passage of this act, and the entire road complete within two years, in default of which this act shall be made null and void. rw.,„H««f«.m Sec. 12. And he it further enacted,That no person shall Exclusion irom be prohibited the right of travel on any part of said road, or ejected from the cars thereof, for any other cause than that of being drunk, disorderly, unclean, contagiously dis- eased, refusing to pay the legal fare exacted, or to comply with the general regulations of the company. cars. I 180 LAWS EELATING TO STREET-RAILWAY FRANCHISES. Btikhoide^^^^SEC. 13. And he it further enacted. That each stock- holder in said company shall be liable individually for all the debts and liabilities of said company to an amount Ri ht to ex-^^^*^ ^^ ^^ amount of stock held by said^^stockholders. tend^road ° ^^" , Sec. 14. And he it furtJi^ enacted. That, should a ma- jority of the stockholders so elect, at any time within two years after the passage of this act, (provided for in sec- tion above,) the said company shall have the right to extend said road, either with single or double track, with the necessary switches and turn-outs, along the Rock Creek Church road, until it intersects with the Fourteenth Street road; thence southerly to Boundary Street; also along the new county road which intersects Fourteenth Street or Piney Branch road at or near Brown Springs; thence along Fourteenth Street road to anjd along Bound- ary Street. Approved, January 19, 1872. (Signed) H. D. Cook, Gov. Chas. S. Hulse, Speaker H. of Delegates. Wm. Stickney, President of the Council. May 18. 1872. Legislative, executive, and judicial appropriation act, 1873. Stats. 17, p. 84. Met. R. R. Co. Sec. 12. That the Washington and Georgetown Railroad Company and the Metropolitan Railroad Company be, and JcL'^from ca^J.^*^^^ ^^'^ ^^"^^"^^ required to remove their tracks, respec- itoi Grounds, tivcly, from the Capitol grounds, as hereby established, and to run the same as they may he directed, from time to time, by the officer in charge of the public buildings and grounds, as the grading and filling up of said grounds may render necessary. That a commission, consisting of the Secretary of the Interior, the chief engineer of the armv, and the officer in charge of public building and grounJs, is hereby authorized and directed to examine and report to Congress, prior to the second Monday of December next, a plan by which the locomotive railroad track in front of western entrance of the Capitol shall be removed, with due regard to the rights of all parties concerned, and by which proper connections with other railroads may be made. * * * * * Approved, May 8, 1872. March 3, 1875. Legislative, executive, and judicial appropriation act, 1876. Stats. 18. p. 385. * ♦ * and further, that the Washington and GcorgB- Met. R. R. Co. town and the Metropolitan Railway Companies are directed fckffrom cao^ ^^ ^^^® "P ^"^^^ portious of their tracks as may come in the ^ way of the improvement of the Capitol Grounds and relay the same as may be directed by the officers in charge of the improvements of the Capitol Grounds. * * * Approved, March 3, 1875. tracks from Cap Itol Grounds LAWS RELATING TO STREET-RAILWAY FRANCHISES 181 District appropriation bill, 1891. * * * * .* . Sec. 3. That anv street railroad company in the District of Columbia authorized to run cars drawn by horses, which has changed or may change its motive power on aiiy of its lines now constructed, to cable or electricity, or change its rails in accordance with the provisions of law, shall have the right to issue and sell, at the market price thereof, stock of said company t6 an amount necessary to cover the cost of making said changes, the cost of said changes and the amount of said stock sold, together with the price p-r share, to be fully set forth, under the oath of the President of said Company, and filed with the Commissioners of the District. And anv company availing itse f of the privileges herein granted shall within two years, wholly dispense with horses as motive power on all portions of its line and substitute therefor the power provided for in the act making appropriations for the expenses of the District of Colum- bia, approved March second, eighteen hundred and eighty- nine, or pneumatic or other modern motive power which shall be approved by the Commissioners of the District of Columbia, but nothing in this act contained shall in anywise authorize the use of overhead appliances: Provided., That if any such company operating a line or lines of street rail- road from Georgetown or West Washington to and beyond the Capitol grounds shall fail to substitute for horse power the power herein provided for on all its lines within two years from the date of this act, such company shall forfeit its corporate franchise. Approved, August 6, 1890. August 6. 1890. Stat««.26,p.310, Met. R. R. Co. Change of mo- tive power. Increase of stock. Horses to be dispensed with. Motive power. No overhead wires. Forfeiture clause. Time (extend- ed). Deficiency act, 1891. March 3, 1891. Stats. 26, p. 870. And the Metropolitan Railroad Company of the District ^et. r. r. co. of Columbia shall pay to the District of Columbia within eighteen months from the approval of this act the full amount of the judgment that was rendered against the said company by the supreme court of the District of Colum- bia at the suit of the said district, in cause numbered twenty-two thousand four hundred and fifty-eight, at law, on the dockets of said court, with the costs of said cause and interest on said amount from the date said judgment .^5|ySf^°* « was rendered until paid, and that upon the failure of the said company so to pay said amount, costs, and interest within the time aforesaid the charter of said company shall become forfeit, and all its rights, privileges, and franchises as a body corporate shall cease and determine. ***** Approved, March 3, 1891. ' I I 182 LAWS RELATING TO STREET-RAILWAY FRANCHISES. July 22, 1892. Joint resolution. New carp Stats. 27, p. 399. rt j j r Mesolyed by the Senate and House of Representatives of Met. R. R. Co. ^^^ United IStates of America in Congress assembled^ That f oV^chang?^ fb^ ti"^6 within which th^ street railroad companies avail- motive power, ing themselves of the privileges granted by the act making appropriations to provide for the government of the Dis- trict of Columbia, and approved August sixth, eighteen hundred and ninety, so far as it extends to the Metropoli- tan Railroad, is hereby extended for one year from the date of the passage of this act: Provided, That so fast as the cars now building are equipped with storage batteries Cars shall ^^ ^^^J ^^^^l j^® placed on the road: And provided further, kept" in * good That pending the change the present equipment of the condition. road shall be put, and kept and maintained in good condi- tion; and any failure to comply with any of the foregoing requirements as to equipment shall rencler the said Metro- politan Railway Company liable to a fine of not exceeding twenty-five dollars for each day so in default, to be recov- ered by the Commissioners of the District of Columbia, as other tines are recovered in the District of Columbia. Sec. 2. Congress reserves the right to alter, amend or repeal this act. Approved, July 22, 1892. Amendment. July 28, 1892. Stats. 27, p. 290. Deficiency bill, 1892. re^llred ■ t^' ^rt ^^^"^ ^^^ Metropolitan Railroad Company is hereby Erid e^vlrR^Jk^^^"^^^^ ^^ repair the bridge across Rock Creek at r creel!^^^"^ "^ street, in the District of Columbia, at a cost of not exceed- ing fifteen thousand dollars. Said repairs to make the bridge sufliciently strong to allow the passage of storage- battery cars of the said company, and to be made under the direction of the Engineer Commissioner of the District of Columbia, and in accordance with plans and specifica- tions prepared by him. ♦ * » ♦ » Approved, July 28, 1892. August 2, 1894. AN ACT To authorize the Metropolitan Railroad Company to change stats. 28, p. 217. ^^ motive power for the propulsion of the cars of said company. Be it enacted hy the Senate and House of Representatives charter^'amend^ ^f^^^ United States of America in Congress assembled, That ed. the Metropolitan Railroad Company, incorporated under the Act of Congress approved the first day of July, anno Domini eighteen hundred and sixty-four, be, and the same provK." ^'^ *^ ^s hereby, required to cease to use on its lines running east and west each and every closed car that has been in use on any of its lines for three years or more, and shall substitute therefor new cars of the most approved pattern. Failuie LAWS RELATING TO STEEET-BAILWAY FRANCHISES. 183 to comply with the provisions of this section within ninety days from the approval of this Act shall subject the said companv to a fine of twenty-five dollars for each and every day during which the company neglects or refuses to make the substitution of new cars as herein specified, which fine may be recovered by the Commissioners of the District of Columbia in any court of competent jurisdiction. Sec. 2. That the said Metropolitan Railroad Company tive *XS ™i2: be, and the same is hereby, authorized, empowered, andquirei required to equip and operate the lines of its cars upon and along all the streets and avenues of the cities of Wash- ington and Georgetown, within the District of Columbia, where the lines of its road or any part thereof are now laid and operated, and as hereinafter provided, with an under- ground electric system for propulsion of such cars: Pro- vided, That the change to an underground system shall be completed upon its north and south line within one year and upon its east and west line within two years after the approval of this Act: Provided there shall be completed ^Extension of an extension thereof on East Capitol street from Ninth street east to Fifteenth street east, around both sides of Lincoln Square, and also. an extension from Ninth street west northwesterly on Florida avenue to Tenth street west. And in default of such completions all Acts or parts of Acts chartering or extending the said road are hereby lealed. Time. re Bonds. Case of D. C. vs. Met. Co. referred ...EC. 3. That the said company is hereby authorized and empowered to issue its bonds, secured by a mortgage on its franchises and other property, to such amount as may be necessary to pay the cost of the work to be done and of the materials required and the expenses incident to the change to be made as provided in this Act, but not in excess of such cost. And said bonds shall not be sold or disposed of at less than their face or par value. Sec. 4. That a transcript of the record of the case of the ^^^ ^^ ^^,^,,^ District of Columbia against the Metropolitan Railroad to court of ap- Company of the District of Columbia, at law Numbered ^^^ Twenty -two thousand four hundred and fifty-eight, in the Supreme Court of the District of Columbia, together with the original papers and record entries therein, duly certi- fied, shall, by appropriate orders duly entered of record, be transferred and delivered to the Court of Appeals of the District of Columbia, which said Court of Appeals is hereby vested with original authority and jurisdiction to hear and determine said case without a jury upon the pleas and issues and proofs therein other than the pleas and issues relating to the statute of limitation or plea of failure of notice to said company of any act required of it, and to de- termine from and upon said record and pleadings and proofs therein contained, and such other proof in the course of said hearing as said court may determine to be necessary in order to dispose of the case upon its merits, what, if any, indebtedness is due to the District of Columbia from the said railroad company in respect of the cause of action i 184 LAWS BELATING TO STREET-RAILWAY FRANCHISES. •stated in the declamtions filed in said case, assuming that due and proper notice has been given to said company of all acts reauired in the premises, and to enter judgment agamst said company in favor of the District of Columbia for any sum or sums of money that said Court of Appeals shall hnd due from said company in respect of said cause ot action, for the amount of which said judgment execu- tion may issue out of said court, and said judgment shall immediately become a lien upon all the property of said company, to be enforced in the manner now provided by law for the enforcement of other liens, and shall be paid withm ninety days from the date thereof: Provided, That unless said company shall file in said Court of Appeals its consent m writing to the aforesaid transfer of the said ^se, and also a waiver of all its rights and defenses under the statute of limitation and from want of notice as here- inbefore provided for, and also a waiver of all rights, bene- hts, advantages, and defenses that it has or may have by reason of the decision and judgment of the Supreme Court ot the United States made and entered in said case within thirty days after the approval of this Act, then all rights granted to said company by this Act shall cease and be determined: Provided, That the judgment of the said Court of Appeals shall be final and that there shall be no appeal t\i^^^\Yom'. And provided further. That the cost of said transfer and of the hearing of said ca^e in the Court of Transfer ar- ^?P^^^1 ^H?;" ^^ ?^^^^^' ^^^^ r^^X^O^^ Company. rangementswith^ ^EC. 5. ihat the Metropolitan Railroad Comoanv is conneaxng lines hereby authorized and required immediately to nmke reciprocal transfer arrangements with street railroad com- panies whose lines now connect with its lines, and to fur- ' nish such facilities therefor as the public convenience may require. Upon the completion of the underground electric system provided for in this Act the said Metropolitan Rail- road Company is hereby further authorized and required to trackil!^'^'*^6n*^^intoreciprocaltrackagearrangementswit roads. Ihe schedules and compensation shall be mutually agreed upon between the said Metropolitan Railroad Com- pany and the companies with whose lines its lines connect- and m any case of failure to reach such mutual agreement the matters m dispute shall be determined by the supreme court of the District of Columbia, upon petition filed by either party: Provided, That every street railway company in the District of Columbia whose lines connect, or whose lines may hereafter connect, with the lines of any other street railway company, is hereby subjected to the same require- ments as to transfers and trackage arrangements, and upon ^TIC^^^.^^"^^' as in this section provided in the case of the Metropobtan Railroad Company and the lines con- necting therewith. ^Tax on horse Sec. 6. That ou and after one year from the approval of this Act the Metropolitan Railway Company shall pay to the District of Columbia, in addition to all other taxes now required to be paid by said company, an annual tax of ^\^ LAWS RELATING TO STREET-RAILWAY FRANCHISES. 185 hundred dollars for each and every car operated by horses on that portion of its lines known as the Ninth Street line; and on and after two years from the approval of this Act the said railway company shall pay, in addition to all other taxes now required to be paid by said company, an annual tax of five hundred dollars for each and every car operated by horses on any line owned or controlled by the said com- pany. . li. J Amendment. Sec. 7. That Congress reserves the power to alter, amend, or repeal this Act. Approved, August 2, 1894. Feb. 26, 1895. Stats. 28, p. 682. Commissioners D. C. to locate AN ACT To amend the charter of the Metropolitan Railroad Com- pany of the District of Columbia. Be it enacted hy the Senate and House of Bepresentatives of the United States of America in Congress assembled, ^^^t ^^fvSZcT, the charter of the Metropolitan Railroad Company of the charter amend- District of Columbia be, and the same is hereby, amended Extension of so as to authorize and require the said company to lay '^^^^ ^^^y^^- down from the intersection of Four-and-a-half and L streets, southwest, along Four-and-a-half street to P street south, a single track of underground electric road for the propulsion of its cars, thence west along P street with said single track to Water street, thence northwesterly along Water street >yith said single track to L street, thence east along L street with said single track to its double tracks at the intersection of Four-and-a-half and L streets, south- west, and thence north by said company's double tracks as now located into its depot on Seventh street extended. Sec. 2. That the Commissioners of the District of Colum bia shall locate the said track on Four-and-a-half, P, Water, t''^^^^ and L streets so as best to subserve the public convenience, and may in their discretion locate the same on Water street for such distance as they may deem best on the east track of the Belt Line Railway Company, so that the two com- panies may mutually and profitably use the space of street ^^ ^^ ^^ occupied by the said east track. The said Belt Line Rail- Beit Ry. % Met. way Company and the Metropolitan Railroad Company shall ^^ • each have the right to apply to the supreme court of the Dis- trict of Columbia to fix a just and equitable compensation for any rights which may be affected by this law, and said court shall have power to issue execution to enforce its judgment. . Extension of Sec. 3. That the said Metropolitan Railroad Company is route in oeorge- hereby authorized and required to lay down and continue town, its underground electric construction of single track from the intersection of P and Thirty -fifth streets, northwest, thence running west along P street to Thirty-sixth street, thence south on Thirty-sixth street to Prospect avenue, thence east on Prospect avenue to Thirty-fifth street, thence north on Thirty-fifth street to O street, thence east con- tinuing its route as now located. Ill 186 LAWS RELATING TO STREET-RAILWAY FRANCHISES. Number of di- rectors In- creased. tickets. Sec. 4. That the number of directors of said company shall be mcreased from seven to nine members. Sec. 5. That the Brightwood Railway Company, the Kock Creek Railway Company, and the Georgetown and Tennallytown Railroad Company be, and they are hereby sai^of coupon respectively, authorized and required to sell four coupon tickets for twenty-five cents, good for one continuous ride m the District of Columbia over the lines of said companies respectively, and the lines of the Metropolitan Railroad Company, and the said suburban roads shall redeem the tickets collected by the Metropolitan Railroad Company, at the rate of two and one-half cents for each coupon ticket presented by the said Metropolitan Railroad Company. Any of the aforesaid railroad companies which shall refuse to make sale of tickets or to accept tickets so sold as herein provided for, shall be liable to a fine of fifty dollars for each such violation, to be recovered in the police court (^ the District of Columbia as other fines are recovered: Provided, That the proceeding for the collection of such penalty shall be commenced within thirty days from the date of the alleged refusal. The supreme court of the District of Columbia shall have, and it is hereby given authority and jurisdiction to enforce the requirements and provisions of this section in respect of the sale of tickets on the petition of either of the aforesaid railroad compa- e/atfor wu^ P^f or any citizen of the District of Columbia. And power Eock creek Ry. IS hereby given to the Metropolitan Railroad Company and the Rock Creek Railway Company to contract with each other for the purchase, sale, lease, or joint operation of the line of said Rock Creek Railway Company on Florida ave- nue and U street, or any part thereof. Sec. 6. That this Act shall take effect in thirty days after its passage. Approved, February 26, 1895. Feb. 27. 1897. AN ACT To authorize the extension of the lines of the Metropolitan Kailroad Company, of the District of Columbia. Be it enacted hy the Senate and House of Representatives of the United states of Americain Congress assemUed, That the Metropolitan Railroad Company be, and it is hereby authorized and required within six months from the date of the approval of this Act to extend the lines of its under- ground electric railroad from the intersection of Connecti- ex^lSSS!*'"^''j^"*^n^.^l«rida avenues northward along Columbia road to a i)omt on the west line of Eighteenth street extended: Provided That the said company is hereby authorized to issue and sell such an amount of its capital stock as will at the market value thereof, cover the cost of construction and equipment of the extension herein provided for. Approved, February 27, 1897. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 187 AN ACT Authorizing and requiring the Metropolitan Railroad Com- Ji^ee. im pany to extend its lines on old Sixteenth street. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. That the Metropolitan Railroad Company of the District of Columbia be, and the same is hereby, authorized and required to extend by double tracks the lines of its under- ground electric railroad from its present terminus at the intersection of Eighteenth street and Columbia road east- erly along Columbia road to the present Sixteenth sti-eet ^^f ^^^^^"entS northwest, thence north along Sixteenth street to Fark street. street: Provided, That no cars shall be switched m the bwxtcMng. streets after the expiration of two years from the passage ^ Sec! 2.''That before such extension shall be constructed ^Columbia road Columbia road shall be widened to a width of one hun- dred feet, the present Sixteenth street shall be widened to a width of eighty-five feet from Columbia road to Park street, and in such widening the building restriction line on the eastern side of said street shall be taken as far as practicable to form the eastern side of said street when widened; and also sufficient land shall be acquired at the northwesterly corner of Columbia road and Sixteenth street so as to allow the street-railway tracks to be laid wholly without the roadway of Sixteenth street as extended according to the highway extension plans; all in accord- ^^^^ ance with plans to be prepared by the Commissioners of the District of Columbia; and the said Commissioners ^commj^io^^^^ shall institute in the supreme court of the District ot to extend six- Columbia, sitting as a district court, by petition, particu- Sf^ ^. ^ larly describing the lands to be taken, a proceeding in rem to condemn the land that may be necessary for the extension of Columbia road and the present Sixteenth street as herein provided, with a width of one hundred feet: Provided, That the said Commissioners are author- ized and empowered to locate the lines of the railroad of said company within the area so to be acquired as afore- said: And movided further, That the operation of the ^oper^tion^.^of cars of the Metropolitan Railroad within the ^aP^ol Grounds^^to^^.be grounds shall be under the control of the Architect or tae tenaent of capi- Capitol: And provided further. That no tracks shall betoi^^ ^^^^^^ ^„ laid on any portion of the roadway of Sixteenth street asne^^ sixteenth extended according to the highway extension plans. Sec. 3. That the extensions of the lines of the Metro- politan Railroad Company herein provided for shall be completed and put in operation within one year f ronri the ^^ijme of com- date of the widening of said highways as herein provided, and said Company shall deposit with the collector of taxes Deposits. of the District of Columbia such sums as are necessary t6 pay the cost of inspection of said work. Sec. 4. That of the amount found to be due and awarded as damages for and in respect of the land condemned for Damages. the extension of Columbia road and the present Sixteenth I 188 LAWS RELATING TO STREKT-RATLWAY FRANCHISES. Portion to be paid by railroad company. Assessment of benefits. Commissioners given power to reject award. Condemnation proceedings. street, as herein provided, such proportional amounts thereof as the ]ury hereinafter provided shall determine shall be assessed by said jury as benfits, and to the extent of such benefits, against respectively the Metropolitan street Kailroad Company, and collected as special assess- ments are collected, and against those pieces or parcels of land on each side of said Columbia road and the present Sixteenth street northwest along those portions of said streets that are to be widened, and also on any or all pieces or parcels of land which will be benefited by the extension of said Columbia road and the present Sixteenth street northwest as said jury mav find said pieces or parcels of land will be benefited; and in determining the amounts to be assessed against said pieces or parcels of land the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they may severally receive from the extension of Columbia road as aforesaid: Provided, That if the aggregate amount of the benefits to be assessed against those pieces or parcels of land on each side of said Columbia road and the present Sixteenth street northwest along those portions of said streets that are to be widened, and also on any or all pieces or parcels of land which will be benefited by the extension of said Columbia road and the present Sixteenth street northwest as said jury may find said pieces or parcels of Jand will be benefited, as determined by said jury pursu- ant to the provisions hereof, is less than one-half of the amount of the damages awarded for and in respect of the land condemned, the Commissioners of the District of Columbia may in their discretion, within thirtvdays after the tiling of said award, reject the award and "^assessment of said jury, and all proceedings hereunder shall be null and void. Sec. 5. That the said court shall cause public notice of not less than ten days to be given of the filing of said pro- ceedings, by advertisement in such manner as the court shall prescribe, which notice shall warn all persons having any interest m the proceedings to attend court at a day to be named in said notice and to continue in attendance until the court shall have made its final order ratifying and confirming the award of damages and assessment of benefats of the jury; and in addition to such public notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served bv the marshal of the District of Columbia, or his deputies upon such owners of the land to be condemned as may be found by said marshal, or his deputies, within the District of Columbia. Sec. 6. That after the return of the marshal and the hling of proof of publication of the notice provided for m the preceding section, said court shall cause a jury of seven judicious, disinterested men, not related to any per- son interested m the proceedings, and not in the service or employment of the District of Columbia or of the LAWS RELATING TO STREET-RAILWAY FRANCHISES. 189 United States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that they are not inter- ested in any manner in the land to be condemned nor are condemnation in any way related to the parties interested therein, and p'^^^'^*^*^- that they will, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain bv reason of the extension of said street and the condemnation of lands for the purposes of such extension, and assess the benefits resulting therefrom as hereinbefore provided. The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power to decide upon all such objections, and to excuse any juror or cause any vacancy in the jury, when empaneled, to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed, in the pres- ence of the court, if the court shall so direct, or otherwise as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons haying any interest in the proceedings for the extension of said street. When the hearing is concluded the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as damages sus- tained by reason of the extension of said street under the provisions thereof, and of the pieces or parcels of land benefited by such extension and the amount of the assess- ment for such benefits against the same. Sec. 7. That if the use of a part only of any piece or parcel of ground shall be condemned, the jury, in deter- mining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as hereinbefore provided. Sec. 8. That the court shall have power to hear and determine any objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall Eroceed to assess the damages or benefits, as the case may e, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: Provided, That if vacated in part, the residue of the verdict and award as to the land condemned or assessed shall not be affected tjiereby: And provided further, That the exceptions or objections to the verdict and award shall be filed within thirty days after the return of such verdict and award. Sec. 9. That when the verdict of such jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged 190 LAWS EELATING TO STREET-RAILWAY FRANCHISES. Lien. V|; .to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer ot the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commissioners of said District, out of the revenues of the District of Columbia; and a sufficient sum to pav the amounts of said judgments and awards is hereby appro- priated out of the revenues of the District of Columbia. feEc. 10. That when confirmed by the court the several assessments herein provided to be made shall severally be a hen upon the lana assessed, and shall be collected as special improvement taxes in the District of Columbia and shall be payable in four equal annual installments! with interest at the rate of four per centum per annum f roih the date of confirmation until paid. That said court may allow amendments in form or substance in any peti- tion, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed tor benefits whenever such amendments will not interfere with the substantial rights of the parties interested, and any such amendment may be made after as well as before the order or judgment confirming the verdict or award aforesaid. Sec. 11 That each juror shall receive as compensation the sum of ^ve dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof. Appropriation. Sec. 12. That the sum of three hundred dollars is hereby appropriated, out of the revenues of the District of Colum- bia, to provide the necessary funds for the costs and ex- penses of the condemnation proceedings taken pursuant nereco. Sec. 13. That no appeal by any interested party from the decision of the supreme court of the District of Colum- bia confarmmg the assessment or assessments for benefits or damages herein provided for, nor any other proceedings at law or in equity by such party against the confirmation of such assessment or assessments, shall delay or prevent the payment of the award to others in respect to the prop- ^^}y J^^^^^^^^^ nor the widening of such streets: Pro- vided however, That upon the final determination of said appeal or other proceeding at law or in equity the amount found to be due and payable as damages sustained by reason of the widening of the streets under the provisions hereof shall be paid as hereinbefore provided. Sec. 14. That Congress reserves the right to alter amend, or repeal this Act. Approved, June 6, 1900. Appeal. Route. i WASHINGTON, ALEXANDRIA AND MOUNT VEENON ELECTEIC EAILWAY COMPANY. AN ACT To authorize the Washington, Alexandria and Mount Vernon August 23. 1894. Electric Railway Company to extend its line of road into and within 28 d 494 the District of Columbia, and for other purposes. ou* . , f- Be it enacted hy the Senate and Rouse of Representatives of the United States of America in Congress assernUed That ^lYx'fSdSf *and the Washington, Alexandria and Mount Vernon Electric Mount^vejnon Railway Company, a body incorporated under the laws ot company, ex- the State of Virginia, be, and is hereby, authorized to con- tension of tracks struct and lay down a double-track street railway, except as hereinafter provided, with the necessary switches, turn- outs, and other mechanical devices, the number and location of which shall be approved by the Commissioners of the District of Columbia, said street railway to be constructed and laid down through and along the following routes: Commencing on B street, between Seventh and Eighth streets northwest, at a point to be designated by the Com- missioners of the District of Columbia, thence westward along B street to Thirteen-and-a-half street, thence north- ward on Thirteen-and-ahalf street to E street by single track, thence westward on E street to Fourteenth street on a single track, thence southward on Fourteenth street using the tracks of the Belt Line Street Railway, to the Potomac River, thence across the Potomac River by a suitable ferry or transfer barge to the Virginia shore, with the privilege of a double track on B street from Thirteen- and-a-half street, connecting with the Belt Line Street Railway tracks at Fourteenth street. And said company is authorized to construct its road across the tracks of the Pennsylvania Railroad at or near the long bridge, under such regulations as may be pre- scribed by the Commissioners of the District of Columbia. And the said Washington, Alexandria and Mount Ver- non Electric Railway Company is hereby authorized and empowered to construct and maintain, after acquiring title to the same, at the foot of Fourteenth street, a necessary landing and slip for the operation of a ferryboat or transfer Ferry dips and steamer, said landing and slip to be constructed on plans «* • approved by the Secretary of War, and for the purpose of connection to use an overhead wire for a distance of not exceeding four hundred feet, commencing at the extreme southern end of the slip. And said company is also authorized and empowered to construct, maintain, and operate, subject to the supervi- 191 Crossings. streets. Route on coun- try road. Construction. 192 LAWS RELATING TO STREET-RAILWAY FRANCHISES. ,sion of the Commissioners of the District of Columbia, a double-end steamboat or transfer barge for the transfer of its cars, with all the modern improvements for the safety and protection of its passengers: Provided, That the said company be authorized to condemn for its use for said landing and slip, as provided for in this Act, a space not exceeding one hundred and fifty by two hundred feet. Widening of Sec. 2 That whenever the roadway of any street occu- pied by the said railway company is widened, one-half of the cost of widening and 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 ot laying or repairing pavements lying between the exterior rails of the tracks of street railways, and for a distance of two feet from and exterior to such track or tracks on each side thereof, is collectible under the provi- sions of section ^\q 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 a country road of less width than sixty-six feet, the railway shall be constructed entirely outside the road. bEC. 4. That the said railway shall be constructed in a substantial and durable manner; and all rails, electrical and naechanical appliances, conduits, stations, and so forth, ^^:l V^\ approved pattern, and subject to the approval ot the District Commissioners. Sec. 5. That the said corporation shall at all times keep the space between its tracks and rails and two feet exterior thereto m such condition as the Commissioners of the Uistrict 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 de- scribed, bhould 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 ^yq of the Act entitled ''An Act pro- viding a permanent form of government for the District ot Columbia, approved June eleventh, eighteen hundred and seventy-eight." But no overhead wires shall be used or constructed except as hereinbefore provided nor shall steam power be used within the limits of the city of Washington: Provided, That the tracks of said road shall not be used for the transportation of any cars other than those used for the transportation of passengers on street railways. ^ ^f%^,\ That nothing in this Act shall prevent the Dis- trict of Columbia at any time, at its option, from alterino- the grade of any avenue, street, or highway occupied bv said railroad, or from altering and improving streets, ave- Paving, Ch anpe grades, etc. of Trenches. Deposit fo: water mains. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 193 nues, 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 crrades and improvements as may have been established. ° Sec 7. That it shall be lawful for said railway company, its successors or assigns, having first obtained the permis- sion of the Commissioners of the District of Columbia, to make all needful and convenient trenches 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 streets to a like good condition as they were before. But whenever such trenches or excava- tions shall interfere with any sewer, gas, or water pipes, or any subways or conduits, or any public work of the kind which has been ordered by the Commissioners, then the expense necessary to change such underground con- struction shall be borne by the said railroad company. Sec. 8. That the said company shall, before commencmg work on said railroad on such street, deposit with the Treasurer of the United States to the credit of the Wl b- ington 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 in- spection of the work of construction of said railroad on such street, and in making good any damages done by said com- pany, 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 com- plete, and that the Secretary of War may consider neces- sary 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, 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 com- pany on the order of the Secretary of War, with an account of its disbursement in detail: And provided also. That dis- bursements of said deposits shall, except in cases of enaer- gency, be made only on the order of the Secretary of War. The exercise of the rights by this Act granted are to termi- nate at the pleasure of the S^ecretary of War in case of per- sistent neglect by said company, or by its successors, to make the deposits, or to comply with any of the conditions, requirements, and regulations aforesaid. Sec. 9. That it shall also be lawful for said corporation, its successors or assigns, to erect and maintain, upon pri- vate grounds, at such convenient and suitable points along 16400—05 13 etc Engine faousef^ I Motive power. Crossings. 194 LAWS RELATING TO STREET-RAILWAY FRANCHISES. , its lines as may seem most desirable to the board of direct- ors 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 a street railway. menTand ""cSml ^^^' ^^' ^^at the said railroad shall be commenced within pietion. ^^^y^l *"^ completed within two years from the passage or mis xxct). Sec. 11- That the said company shall run street railway cars propelled by underground cable or underground elec- tric power: Provided, That for the purpose of making a continuous connection over the route herein before described and designated the said company shall have the right to cross all streets, avenues, and highways that may be alon^ coinciding the designated route: Provided, That whenever the fore- going route or routes may coincide with the route or routes of any duly mcorprated street-railway company in the District of Columbia the tracks shall be used by both com- panies, which are hereby authorized and empowered to use such tracks m 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 imme(fiatelv 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 companv hereby incorporated shall be entitled so to use and enjoy the track of such other street railway companv and the amount and manner of compensation to be paid therefor: And provided further, That neither of the com- panies 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 onlv be entitled to use the same for ordinary passage of its cars with the ordinar;^ halts for taking up and dropping off passengers: Provided, That this shall not apply to or inter- fere 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 repair such portions of its road as may be upon the line or routes of any other road thus used; and in case of anv disagreement with any company whose line of road is thus used, such disagreement may be summarily determined upon the apphcation of either road to any court in said p a 8 8 e n e r ^ ^ ^'^^^ having Competent jurisdiction. houseland tains' p^c. 12. That the Said company shall furnish and main- fer stataons. tain passenger houses and transfer stations as required bv the Commissioners of the District of Columbia but no such Speed. Removal of ice and snow. Articles left in cars. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 195 passenger house or transfer station shall be built upon the public streets or sidewalks or upon public property and shall place first-class cars on said railway with all the mod- ern improvements for the convenience, comfort, and safety of passengers, and shall run cars as often as the public con- venience may require in accordance with a time-table approved bv the Commissioners of the District of Coluna- bia. Every failure to comply with the conditions of this section shall render the said corporation liable to a fine of fifty dollars for each day said failure occurs, to be recov- ered in any court of competent jurisdiction at the suit of the Commissioners of said District. Sec. 13. That the Commissioners of the District of Co- lumbia may 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 regu- lation as aforesaid shall be liable to the District of Colum- bia for a penalty not exceeding five hundred dollars. Sec. 14. That all articles of value that mav be inadvert- ently left in 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. 15. That said company shall, on or before the fifteenth of February of each year, make a report to Con- gress, through the Commissioners of the District of Colum- bia, of the names of all the stockholders therein and the amount of stock held by each, together with a detailed statement of the receipts and expenditures within the Dis- trict of Columbia, 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 gen- eral 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 within ten days thereafter, such failure shall of itself operate as a for- feiture of the privileges and rights hereby granted to said company, and it shall be the duty of the Commissioners to cause to be instituted proper judicial 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 in the District of Columbia, 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 fran- chise and property of said company, both real and personal, to a sufficient amount may be seized and sold in satisfac- tion thereof, as now provided by law for the sale of other property for taxes ; and said per centum of its gross earnings Annual report Taxes. F Eare. Free use roadway. of 196 LAWS BELATING TO 8TREET-EAILWAY FEANCHI8E8. shall be in lieu of all other assessments of personal taxes upon its property used solely and exclusively in the opera- tion and management of said railway. Its real estate shall be taxed as other real estate in the District of Columbia: Provided^ That its tracks shall not be taxed as real estate. Sec. 16. That said company shall receive a rate of fare not exceeding five cents per passenger, including transpor- tation to the Virginia shore; and the said company may make arrangements with all existing railway companies in the District of Columbia 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. 17. That the said company shall have at all times the free and uninterrupted use of the roadway, subject to the rights of the public, and if any person or persons shall willfully, mischievously, and unlawfully obstructor impede the passage of cars of said railway company with a vehicle or vehicles, or otherwise, or in any manner molest or inter- fere with passengers or operatives while in transit, or de- stroy 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- five nor more than one hundred dollars, to be recovered as other fines and I)enalties in said District, and shall remain liable, in addi- tion to said penalty, for 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. 18. That the said 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, at its own cost, its said road across such other railways, under the supervision and control of the Commissioners of the District of Columbia: Provided, That it shall not interrupt the travel of such other railways in such construction, ^jection from gjjc. 19. That no person shall be prohibited the right to travel on any part of said road or ejected from the cars by the company's employees for any other cause than that of being drunk, disorderly, or contagiously diseased, or refus- ing to pay the legal fare exacted, or to comply with the lawful general regulations of the company. Sec. 20. That in the event the company should not be able to come 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 fifty feet in width, may be instituted under the provisions of chapter eleven. Revised Statutes, relating to the District of Columbia: Provided, That any property owner shall have the right of trial by jury in any such issue. Sec. 21. That all plans relating to the location and con- Crossings. Condemnation proceedings. Plans. LAWS BELATING TO STREET-RAILWAY FRANCHISES. 197 struction of said railway shall be subject to the approval of the Commissioners of the District of Columbia, or their successors, and all work shall at all times be subject to their supervision. The said corporation shall from time to time deposit with the collector of taxes, District of Co- lumbia, such amounts as may be deemed necessary by said Commissioners to cover the cost of inspection, supervision, pavement, and repairs. Sec. 22. That the tracks and ferry of said company jj^y^^ly* be within the District of Columbia shall be deemed and taken ujeci by Fails to be a public highway, to the extent that they may betomacRaUwayr freely used for the passage of cars by the Falls Church and Potomac Railway Company from such point as said com- pany may connect with the Washington, Alexandria and Mount Vernon Electric Railway Company, and may run its cars to the eastern terminus of said latter-named com- pany's road. And the cars of said Falls Church and Poto- mac Railway Company shall be propelled over the said line, from said junction to said eastern terminus, by the motive power of said Washington, Alexandria and Mount Vernon Electric Railway Company, and the said Falls Church and Potomac Railway Company shall have the right to collect fares on its said cars as fully as if operat- ing that portion of the line in its own right. But said Falls Church and Potomac Railway Company shall make just compensation for the use of said track, ferry, and motive power; and in case any dispute should arise con- cerning such compensation or manner of use any party in interest may apply to the supreme court of the District of Columbia, which court is hereby empowered to fix the amount to be paid for such use and motive power and the mode in which such use may be enjoyed: Provided, That the limitations, requirements, and restrictions imposed by this Act upon the Washington, Alexandria and Mount Vernon Electric Railway Company shall apply to the Falls Church and Potomac Railway Company J and the said Falls Church and Potomac Railway Company shall be subject, in case of any violation of the limitations, require- ments, and restrictions aforesaid, to the same fines, penal- ties, and forfeiture of the privileges and rights herein granted as the Washington, Alexandria and Mount Vernon Electric Railway Company is subject to. Sec. 23. That should the Washington, Alexandria and un^n R^r^i' Mount Vernon Electric Railway Company fail or refuse to ^on- construct a double-track street railway on the Virginia side of the Potomac River to the Arlington Reservation and provide accommodations for the necessary travel from the city of Washington to Arlington within one year from the approval of this Act, then all the rights, powers, privileges, and franchises conferred upon said company by this Act within the jurisdiction of the District of Columbia shall be, and the same are hereby, forfeited. Sec. 24. That all the conditions, requirements, and obli- et?.^" ha i? "be gations imposed by the terms of this Act upon the Wash- compued with. I If m I 198 LAWS RELATING TO STEEET-BAILWAY FRANCHISES. ington, Alexandria and Mount Vernon Electric Railway Company shall be complied with by any and all the suc- Amendmen ^^^^^^^ ^^ ^^^ assiffns of said company. ®°^ Sec. 25. That this Act may at any time be altered, amended, or repealed by the Congress of the United States. Approved, August 23, 1894. ^^•^•^^- ^^ ^CT Granting the right of way through the Arlington reservation stats. 28, p. 693 for electric railway purposes. w h Ai ^ f ttenacted hy the Senate and House of Representatives and Mt'.' vera?n Of the United States of America in Coiigress assembled, That fiVh't o?*wa?S*^-i /°^^°' Alexandria and Mount Vernon Electric through Ariing- Kailway Company, a body incorporated under the laws of ton Reservation, the State of Virginia, be, and is hereby, authorized to con- struct and thereafter maintain and operate its electric rail- road across the lower and eastern portion of the grounds of the United States Government known as the Arlington «*>"^- reservation, in the State of Virginia, opposite the city of Washmgton, said line to be east of and contiguous to the nver road, except that said line running northerly may be diverted from said river road easterly at a point not more than twenty rods southerly from the intersection of the river road with the northerly line of said reservation : Pro- mded,Th&t this diversion shall not exceed twenty rods from said river road easterly; and for such purpose said com- pany IS hereby granted a right of way fifty feet in width, T* ^"?i^^^^^ slopes, through the grounds aforesaid. And the said company shall repair at its own expense, in a man- ner satisfactory to the Secretary of War, any damage, injury, or displacement that may be done to roads, foot- ways, bridges, or fences upon or through the Government lands referred to in this Act by the construction or opera- tion of the said electric railway company, and shall erect such sheds or other shelter for the comfort and convenience of passengers and at such points as the Secretary of War by's^ofwaJ'^ ?*^all direct: Provided, That said line or route shall be sub- ject to the approval of the Secretary of War; and when such ri^ht of way shall cease to be used for the purpose aforesaid, the same shall revert to the United States Gov- ernment. And said road shall be commenced within one year from the date of the passage of this Act and finished power. «*«»°»withm three years: And provided fir t her, Th&t nothing m ^is Act shall allow the use of steam power: And provided further. That the said railway company shall not cross, enter, touch upon, or be granted any right whatsoever upon t^at part of the Government land set aside and known as the Arlington National Cemetery. And that material for *^e building, grading, or ballasting of said electric railway shall not be obtained from, nor shall the trees be disturbed on, the Arlington reservation: And provided further. That LAWS RELATING TO STBEET-RAILWAY FBANCHIRES. 199 the tracks of said conapany may be freely used for the pas- sage of cars by the Falls Church and Potomac Railway Company from such point as said company may connect with the Washington, Alexandria and Mount Vernon Elec- tric Railway Company. And the cars of said Falls Church and Potomac Railway Company shall be propelled over the said line, from its junction therewith, by the motive power of said Washington, Alexandria and Mount Vernon Electric Railway Company; and the said Falls Church and Poto- mac Railway Company shall have the right to collect fares on its cars as fully as if operating that portion of the line in its own right. But said Falls Church and Potomac Rail- way Company shall make just compensation for the use of said track and motive power; and in case any dispute should arise concerning such compensation or manner of use, any party in interest may apply to the supreme court of the District of Columbia, which court is hereby empow- ered to ^^ the amount to be paid for such use and motive power and the mode in which such use may be enjoyed: Provided, That the limitations, requirements, and restric- tions imposed by this Act upon the Washington, Alexan- dria and Mount Vernon Electric Railway Company shall apply to the Falls Church and Potomac Railway Company. And the said Falls Church and Potomac Railway Company shall be subject, in case of any violations of the limitations, requirement, and restrictions aforesaid, to the same fine, penalties, and forfeiture of the privileges and rights herein granted as the Washington, Alexandria and Mount Vernon Electric Railway Company is subject to: Provided, That no cars owned or used by any steam railroad company shall be drawn over the tracks of this road lying within the reservation, and that the sidings and turn-outs within the reservation shall not be used for the assembling or storage of cars, except for the purpose of the accommodation and transportation of passengers on the same day. Sec. 2. That the right to repeal, alter, or amend this Act is reserved to Congress. Approved, December 8, 1894. Tracks may be used by Falls Church and Po- tomac Ry. Terms of use. Limitations, etc.. to apply to Falls Church and Potomac Rail- way. Repeal. Amendment. Extract from Public— No. 146, approved June 6, 1902. Sec. 6. That the Secretary of the Treasury be, and he^^ji^.^g is hereby, authorized and directed to acquire by purchase, condemnation, or otherwise, for a sum not exceeding five hundred and fifty thousand dollars, for the joint use of the United States and the District of Columbia, for the erec- tion thereon of a municipal building for said District, square two hundred and fifty-five in the city of Washing- ton, District of Columbia, and that portion of E street lying between said square and Pennsylvania avenue is Hereby appropriated and made a part of said square tor the purpose of erecting thereon the municipal building, Municipa 1 i'* 200 LAWS BELATING TO STREET-RAILWAY FRANCHISES. to^gf??uSand the Commissioners of the District of Columbia are f^mS'va^''of ^^^^^y authorized to change the route of the Washington, tracks from E Alexandria, and Mount Vernon Electric Railway in such **^^- a manner as to cause said portion of E street to be vacated by the tracks of said company, and jurisdiction is hereby conferred upon the supreme court of the District of Colum- bia upon petition of said company to inquire into, hear, and determine the amount of the actual cost and expense to the company for the removal of its tracks from E street by reason of the provisions herein contained, and to enter judgment against the United States and the District of Columbia jointly, in such sum as may be so ascertained as aforesaid, and either party shall have the right of appeal from such judgment as in other cases: Provided, That if the Secretary of the Treasury shall be compelled or obliged to institute condemnation proceedings in order to acquire said site, such proceedings shall be m accordance with the provisions of the Act of Congress approved August thirtieth, eighteen hundred and ninety, providing a site for the enlargement of the Government Printing OflSce. (United States Statutes at Large, volume twenty- six, chapter eight hundred and thirty-seven.) WASHINGTON AND ARLINGTON EAILWAY COMPANY. [Obsolete.] AN ACT To incorporate the Washington and Arlington Railway Com- pany of the District of Columbia. Feb. 28, 1891. Stats. 26, p. 789. Be it enacted ly the Smate and House of Representatwes of the United States of Amet^ica in Congress assembled, ihat W. H. Randle, D. C. Forney, J. S. Lawrence, Beriah Wil- kins C. G. Lee, James L. Barbour, and their associates and assigns, be, and thev are hereby, created a body corporate under the name of the Washington and Arlington Kailway Company of the District of Columbia, with authority to construct and lav down a single or double track railway, with necessary swit the District of Columbia. Und. baid company may buy land on which to construct passen- ger-rooms, ticket-offices, workshops, depots, and bu^ldin^s as may be necessary, and as the business of said railway and the convenience of the public may require, at such points ote nJ'^% ''I ,™Y ^ .approved by the'Commissloners of the District of Columbia, as to so much of its railway as , BjectMen, '^^.^'thin the Said D strict, and the Secretary of War as «^ ^Kif /r*'"'?^': °' said railway. No person shall be pro- hibited from riding on the cars of said company or elected tKir Y *^? «TP*y '? *""Pl°y«e« for anv^otherS W^vT ^^ th <^'«0''4eriy, or contagiously diseased, or £ mv f ht l°* T?'*"^ or indecent language, or for refusing to pay the legal fare exacted, or to comply with the lawful «ription. ,,y^^- ?; That within thirty days after the approval of this act the corporators above named, or a majority of them or If any refuse or -neglect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened, and kept open, in some f^^r^^"* ^f accessible place in the District of Columbia fiom nine o clock m the forenoon until five o'clock in the afternoon for a period to be fixed by said corporators not cffw. -K ^T ^^1 ^""'.*?^ the whole stock shall be sooner subscribed for), the said corporators shall give notice, bv m the city of Washington, District of Columbia, o/the time manner, and the place where said books shall be opened' and subscribers upon said books to the capital st^k of Papnent, on^ '^T^i''^ shall be held to be stockholders therein- ^^yment, » n /vWe<^, Ac^^«., That every subscriber shall pay at the tune of subscnption ten per centum of the amount by him subscribed to the treasurer appointed by the coi-porators afore^id, or his subscription Xll be null and voCTnl provided furt/>^r. That nothing shall be received in pay ^/t°i IT -f ^IJ^/ ''^"*'"" .aforesaid except lawful money of the United States or certified checKs of anv establishpH J^lS^.k Of national bank. And when the books of subSdS the capital stock of said company shall be closed the corpora- tors aforesaid, or a majority of them, and in case any of LAWS RELATING TO STREET-RAILWAY FRANCHISES. 205 ore. Officers. them refuse or neglect to act, a majority of the remainder, shall, within twenty days thereafter, call the first meeting of the stockholders of said company to meet ten days there- after for the choice of directors, of which meeting notice shall be given by advertisement three times in two public newspapers published daily in the city of Washington aforesaid, and by written personal notice to be mailed to the address of each stockholder by the treasurer aforesaid; and in any meeting of stockholders each share shall entitle the holder to one vote, which may be given either in per- son or by proxy. Sec. 7. That the government and direction of the affairs Board of direct, of said company shall be vested in a board of directors, not less than five nor more than nine in number, who shall be stockholders of record and who shall hold oflSce for one year, and until their successors are duly elected and quali- fied, and the said directors (a majority of whom shall be a quorum) shall elect one of their number to be president of said company, and shall also elect a vice-president, sec- retary, and treasurer, the last named of whom shall give a bond, with surety, to said company in such sum as said directors may require, for the faithful discharge of his trust. In case of vacancy in the board of directors by death, resignation, or otherwise of any director, the vacancy occa- sioned thereby shall be filled by the remaining directors, or in such other manner as the by-laws of said company Bylaws may prescribe. The directors of said company shall have power to make, prescribe, amend, and alter such by-laws, rules, and regulations as they shall deem needful and proper touching the management of said company, and the disposition and management of its stock, property, estate, and effects. Sec. 8. That the principal office of said company shall ac^"*'^^^ **'" always be situated m the District of Columbia, and the books and papers relating to the business of said company shall be kept thereat, open at all times to the inspection of the stockholders. The meetings of the stockholders, and directors of said company shall be held at said office, and there shall be an annual meeting of the stockholders for . Annual meet- choice of directors to be held at such time, under such con- *°** ditions, and upon such notice as the said company shall by its by-laws prescribe, and said directors shall hold such meetings as may by said by-laws be prescribed, and shall annually make a report, in writing, of their doings to the stockholders and to the Commissioners of the District of Columbia. The book in which transfers of stock shall be recorded shall be closed for the purpose of such trans- fer thirty days before the annual election as respects said election, and for the purpose of paying dividends at such lawful and reasonable times before the payment thereof as the by-laws of said company may prescribe. Sec. 9. That said company shall commence the construc- tion of its said railway within twelve months from the*" competion. approval of this act, and said railway shall be built its Annual report Commencement I 206 LAWS RELATING TO 8TEEET-BALLWAY FRANCHISES. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 207 entire distance, with switches and turn-outs, and with cars running thereon for the accommodation of passengers within three years from the date of such approval; other- wise this act shall be null and void. a^fb?idgTb^ ^^\ 1^- That the tracks of said companv on the bridge othercompanies. and the approaches to said bridge may be freely used for the passage of cars with motive power of the kind described by this act belonging to any individual or cor- - poration legally authorized thereto, upon making just com- pensation for such use, and in case any dispute shall arise concerning such compensation or manner of use any party in interest may apply to the Supreme Court of the District of Columbia, which court is hereby empowered to fix the amount to be paid for such use and the mode in which such use may be enjoyed. CJonstruction. Sec. 11. That if the corporation cannot agree with the owner for the purchase, use, or occupation of land, gravel, earth, timber, or other material required for the construc- tion, enlargement, or repair of any of its works, or if the Acquisition of ^^ner be a married woman, infant, non compos mentis, or lend. out of the District, the said corporation may apply to the supreme court of the District of Columbia, at any general or special term thereof, and said court after reasonable public notice and hearing shall proceed with the condem- condemnation ^^^^^ ^^ ^^^^ ^^^^ ^^ property for the use aforesaid. proceeJS^* ^°" J^^^' ^^' That for the purpose of ascertaining the value of any land or property so condemned the said court may direct the marshal and the marshal shall accordingly sum- mon eighteen disinterested men, not related to either party; and if any of them refuse to attend he may then summon or call others immediately to make up the number of eight- een. Each party shall have the right, in person or by attor- ney or agent, if present at the time, to strike off three, and the marshal shall strike off such as shall not be so stricken . off by the parties, until the number shall be reduced to twelve, who shall be a jury. Oath. etc. Sec. 13. That the marshal shall then administer an oath or affirmation to every person of the jury that he will impartially and to the best of his skill and judgment value the land or other property required by the corporation, and also, if the same be land required for the construction of the said railroad or work, the damage which the owner will inquisitionand^T^'"' '^u^?i^' ^^ ^^^ f^^i^g of the land for such use. report. Alie ]ury shall accordingly inquire of such value and dam- age, and make report thereof in writing, to be signed by them all, and setting forth in case of land the boundaries of the land and the estate, interest, or use to be taken by the corporation. Such inquisition and report shall be returned by the marshal to the clerk of the circuit court of the District of Columbia. to^i^"SSiJ^\ S^^- 1^- That such inauisition and report shall be con- Urmed by such court unless good cause be shown to the contrary, and when confirmed shall be recorded by the clerk of said court; but for cause the court may set it aside Retom. and order another inquisition, or more than one from tin^^ ^a7b?2^ere?L to time, to be conducted in like manner as the first and with like effect, until an inquisition and report shall be con- firmed by the court. Upon such confirmation of the first or any subsequent inquisition and report and upon pay- Payment ment or tender of the amount fixed in the inquisition to be paid by the corporation, either to the owner or in court, as the court shall order, the said corporation shall be entitled to the property acc^ording to the nature of such condemna- tion and appropriation for the uses mentioned in this act. p^^^^^j^^^ ^^ Sec. 15. That said railway shall be constructed in such water pipes. a manner as not to injure or endanger any of the pipes, fixtures, or apparatus of the water works supplying the District of Columbia, or any part thereof, and the opera- tions of said company shall always be subject to the con- trol and direction, in this respect, of the Secretary of War, and subject to the right of the Secretary of War, or other lawful public authority, to interrupt the construction or use of said railway whenev^er necessary for the protection or repair of such water works, or in respect of any increase thereof or additions thereto. If in the course of construc- tion of said railway, or at any time thereafter, it shall be deemed by the Secretary of War necessary for the better protection of such water pipes, fixtures, or apparatus, or for other water pipes, fixtures or apparatus that may be laid or applied, to raise or otherwise fix or adjust any ave- nue, street, road, alley or public place containing or to con- tain such pipes, or to otherwise adjust the same so as to produce absolute security for all such pipes and apparatus existing or to be laid or arranged at any point or points on or contiguous to the line of said i-ailway, such changes in grade and otherwise, or works, as shall be deemed neces- sary by the Secretary of War shall be made, done and performed by and at the expense of said railway company, and its successors and assigns, to the satisfaction of the Secretary of War; and the remainder of width of any avenue, street, alley, road, or other public place, at all such points or places, shall be raised, adjusted, repaved and put in con- dition, safe for all such pipes and apparatus, and in a man- ner satisfactory to the Secretary of War, and in conformity to any order of the Secretary of War in the matter, and at the expense of said company, and its successors and assigns. Any structure, work in or change in the condition of any such avenue, street, road, alley or public place, not made in conformity with the provisions in this act contained, shall be unlawful. Sec. 16. That Congress hereby reserves to itself the right at any and all times to alter, amend, or repeal this act. Approved, February 28, 1891. V Changes of grade, etc. Amendment ^^' 208 LAWS RELATING TO STREET-RAILWAY FRANCHISES. March 2, 1891. JOINT RESOLUTION Correcting an error in an enrolled bill. stats. 1114. 26, p Whereas the act to incorporate the Washington and Ar- lington Railway Company, as enrolled, fails to express the intent of the two houses as manifested by the adop- tion of the report of the conference committee on the amendments between the two houses thereon: Now, therefore, for the purpose of correcting said error and for no other purpose, Resolved hy the Senate and Rouse of Eepresmtatives of A^fin^nRy^^^ ^^^'^^^ St(^i^^^ of America in Congress assemUed, That ^Error in char- w ^^?? f our of the act entitled ''An act to incorporate the ter corrected. Washmgton and Arlington Railway Company of the Dis- trict of Columbia " be, and same is hereby, amended so that the last sentence of said section aft^r the words " in accord- >v. A^^^^ herewith" shall read as follows: "And bonds to be andST^e secured by mortgage or deed of trust upon the property of the company may be issued to the amount of five hundred thousand dollars: Provided, That the entire issue of stock and bonds shall not exceed the actual cost of constructing and equipping the road, including the bridge: And pro- mded also. That the total amount of bonds issued shall not exceed double the amount of paid up stock, and every certificate of stock shall show the amount paid on the same. Approved, March 2, 1891. WASHINGTON AND GETTYSBURG RAILWAY CO. March 3. 1899. AN ACT to authorize the Washington and Gettysburg Railway Com- pany, of Maryland, to extend its line of road into and within tne Distnet of Columbia. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the Washington and Gettysburg Railway Company, a cor- poration duly incorpoi-ated 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 Colum- bia, 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 boimdary line of the District of Colum- bia at the intersection of said boundary line with Four- teenth 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 uorth Route. LAWS EELATING TO STREET-BAILWAT FRANCHISES. 209 line of Bunker Hill road; thence along the north side of said road, and wholl}^ 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 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. im Switching. COINCIDING ROUTE. Sec. 2. That where this route coincides with an existing street railway, one set of ti'acks shall be used in common, upon terms mutually agreed upon, or, in case of disagree- ment, 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 pay- ments 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 mechan- ical power, other than steam locomotive power; and wher- ever 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. That all plans of location and construction shall be subject to the approval of the Commissioners of the District of Columbia. EXCAVATIONS. Sec. 4. That excavations in the highways shall be made only under permits from the Commissioners of the Dis- trict of Columbia, and subject to regulations prescribed by them. CONSTRUCTION. Sec. 5. 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. 16400—05 14 Coinciding route. Plana. Excavationa Construction 210 LAWS RELATING TO STBEET-EAILW A Y FRANCHISES. DEPOSITS. Deposits. cent 1 Sec. 6. 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. CABE OF ROADWAY. iStUTraJks?*'., ^^9: '^- T^a* ^^^ 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 nigh way occupied by the com- pany 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. ^^^oranteed de- Sec. 8. 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 pre- scribed time. If this sum is not so deposited this charter shall be void. If the sum is so deposited and the road is not m operation as herein prescribed, said one thousand dollars shall be forfeited to the District of Columbia and this charter shall be void. CaxB. Time-table. speeci. CARS. Sec. 9. That the cars shall be first-class and shall be kept in good condition, to the satisfaction of the Commis- sioners of the District of Columbia. TIME-TABLE. Sec. 10. That the cars shall be run as often as the public convenience 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 regulations of the District of Columbia. LAWS RELATING TO STREET-RAILWAY FRANCHISES EJECTMENT FROM CARS. 211 Sec. 12. That persons drunk, disorderly, contagiously Ejectment diseased, or 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 LoBtarticiei. be cared for 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 Fare, for the transportation 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^ how&i)er^ That the said Wash- ington 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 Buiidingi. maintain the buildings necessary to the operation of its road, subject to the building regulations of the District of Columbia. The company shall erect and maintain passen- ger rooms and transfer stations as req^uired by the Com- missioners of the District of Columbia. All passenger rooms and transfer stations shall be Drovided with such conveniences for the public as said Commissioners may direct. i LAND. Sec. 16. That the company is authorized to acquire, by ^4^^°^**®™**** purchase or condemnation, the necessary land for its au- thorized right of way and to issue its bonds or other evi- Bonds, dences of debt, secured by mortgage or deed of trust on its properties and franchises: Provided, That the total 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 deea shall be executed the amount of bonds necessary to be issued shall Limit of issae. be ascertained and fixed b}'^ the Commissioners of the Dis- trict 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 Taxes. ii 212 LAWS RELATING TO STREET-RAILWAY FRANCHISES. issue: And provided further^ That an 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. TAXES. Sec. 17. 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. That nothing in this Act shall prevent the Dis- trict 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, ave- nues, highways, and the sewerage thereof; and said com- pany 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. telephone lines. Sec. 19. That said company is also authorized to con- struct 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 Dis- trict of Columbia. LAWS relating TO STREET-RAILWAY FRANCHISES. 213 Changes grades. In Completion. To be r^u- lated by Com- missioners. COMMENCEMENT AND COMPLETION. Sec. 20. 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 traflSc 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. That the construction, adoption of motive power, erection of buildings, regulation of schedule and sped of running, shall be at all times under the supervi- sion and control of the Commissioners of the District of Columbia. PENALTIES. Sec. 22. That each and every violation of the require- ments 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 com- petent jurisdiction as other fines and penalties are collected m the District of Columbia. amendment; repeal. Sec. 23. That Congress reserves the right to alter, amend, or repeal this Act. Approved, March 3, 1899. Penalties. JOINT RESOLUTION Extending the time within which certain street March i, 1901. railroads in the District of Columbia may be constructed. '■ '• Resolved hy tlve Senate and House of Representatives of the United States of Am^erica in Congress a^sembled^ That the time within which the Washington and Gettysburg Time extended. Railway Company, of Maryland, is allowed to extend its lines into and within the District of Columbia be, and the same is hereby, extended for two years from and after the passage of this resolution. Sec. 2. That the time within which the Columbia Rail- coiumbiaRaii- way is authorized to construct an extension of its lines ^*^' from the intersection of Watts Creek and Anacostia road along the Anacostia road to its intersection with the east- ern boundary line of the District of Columbia be, and the same is hereby, extended for two years from the passage of this resolution: Provided^ That said branch of said railway shall be constructed in or along said Anacostia road in accordance with plans to be approved by the Com- missioners of the District of Columbia. Approved, March 1, 1901. AN ACT Requiring the Anacostia and Potomac River Railroad Com- July i, 1902. pany to extend its Eleventh street line, and for other purposes. Be it enacted hy the Senate and House of Representatives p^^^^^f"** of the United States of America in Congress a^senmMed^ That Railroad com- the Anacostia and rotomac River Ilailroad Company, of ^^^' the District of Columbia, be, and it hereby is, authorized and required to construct the necessary tracks and to make the necessary connections for the purpose of operating its cars by the underground electric system, such as is now in use on its ElevenSi street line, over and along the follow- ing route, namely: Beginning at the northern terminus of its Eleventh street line at Eleventh street and Florida avenue north, by double track, along Eleventh street to Lydecker avenue: Provided^ That until the line of railroad f 214 LAWS BELATING TO STREET-RAILWAY FRANCHISES. on Eleventh street is further extended, cars may be switched on Eleventh street between Whitney and Ly decker avenues: And provided further^ That until provision is made for a further extension of the line of the Metropoli- tan Railroad Conapany on Old Sixteenth street cars may be switched on Old Sixteenth street between Grant and Park streets. Sec. 2. That the extension herein authorized shall be completed and the cars operated thereon within two years from the date of the issuance of a permit by the Commis- sioners of the District of Columbia. Sec. 3. That the extension herein provided for shall be constructed in accordance with plans satisfactory to the CoDDunissioners of the District of Columbia and approved by them. Sec. 4. That the said Anacostia and Potomac River Rail- road Company shall have over and respecting the route herein provided for the same rights, powers, and privileges it has, or hereafter may have, by law over and respecting its other routes, and be subject in respect thereto to all the other provisions of its charter and of law. anYoett^fbtSS r. ^f^ V^' ^^^ .*,^® ^^^ ^'^^^^"^ which the Washington and Rwj. time ex- ijettysburg Railway Company shall construct its line tended. within the District of Columbia is extended two years from March first, nineteen hundred and three. Sec. 6. That Congress reserves the right to amend, alter, or repeal this Act. Approved, July 1, 1902. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 215 May 7, 1898. !l WASHINGTON AND GLEN ECHO R. E. CO. AN ACT To authorize the Washington and Glen Echo Railroad Com- pany to obtain a right of way and construct tracks into the District of Columbia six hundred feet. Be it enacted ly the Semite and Rmise of Representatives of the United States of America in Congress assembled^ That the Washington and Glen Echo Railroad Company, a cor- poration organized under the laws of the State of Mary- land and operating a street railway in said State, the eastern terminus being at or near the northern boundary of the District of Columbia in Chevy Chase, be, and said corpo- ration is hereby, authorized and empowered to obtain a right of way and construct its road and lay double tracks DiT?n?t*^S?*cS^*^®^®^° ^"^^ ^^^ District of Columbia a distance of six lumbia. hundred feet, and no farther, from the point in the bound- ary line of the District where said railway extended crosses the boundary line of the District and from said point to a point on the west line of Connecticut avenue extended, on a route to be approved by the Commissioners of the Dis- trict of Columbia, said corporation to have full power and authority to operate cars upon said road for the purpose of its traffic; said corporation to use electric motive power in propelling its cars: Provided^ That no fares shall be y^^.^ charged or collected within the District of Columbia; And provided further^ That unless the extension herein Forfeiture. provided for shall be completed within six months from the date of the approval of this Act, then this Act shall be null and void: And provided further^ That the Commis- sioners of the District of Columbia shall have the power t^^SX'l^i" to make and to enforce all reasonable and usual regulations tions. for the operation and maintenance of that portion of the lines within the District of Columbia. Sec. 2. That Congress reserves the right to alter, amend, or repeal this Act. Approved, May 7, 1898. WASHINGTON AND UNIVERSITY RAILROAD. AN ACT To incorporate the Washington and University Railroad July 8, 1898. Company of the District of Columbia. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That J. D. Croissant, Frederick C. Kennedy, A. O. Humphrey, and *^unrvlreit? David D. Stone, John J. Flynn, V. K. Nash, and Charles Railroad. S. Lord, and their associates, successors, and assigns, are hereby created a body corporate under the name of the Washington and University Railroad Company of the District of Columbia. ROUTE. Sec. 2. That the company is authorized to construct and i^oute. operate a street railway for carrying passengers along the following-named route: Beginning at or near the intersec- tion of tne Tennallytown road and Quincy street; thence westerly on Quincy street to Forty -fourth street; northerly on Forty-fourth street to Vallejo street: westerly on Vallejo street to Forty-seventh street: northerly on Forty-seventh street to Flint street; west on Flint street to Boundary avenue; thence southerly on Boundary avenue to Forty -eighth street; thence south- erly on Forty-eighth street to Brandy wine street; thence easterly on Brandywine street to Forty-seventh street, as shown upon the plans of the third section of highway extensions: Provided^ That where this route lies within the lines of a proposed highway the company shall acquire a right of way not less than thirty feet wide in the center thereof, and all rights of way acquired within the lines of proposed highways shall be dedicated to the use of the public before a permit is issued for the construction of a railroad therein. MOTIVE POWER. Sec. 3. That the motive power shall be electricity, and m°"^« p**^«'- if the trolley system is used a return wire of equal capacity to the feed wire, and similarly insulated, must oe provided, thence thence thence thence 216 LAWS RELATING TO STREET-RAILWAY FRANCHISES. "and each car shall be equipped with a double trolley. No portion of the electrical circuit shall, under any circum- stances, be allowed to pass through the earth, and neither Eole of any dynamo furnishing power to the line shall e grounded. PLANS. Plans Sec. 4. That all plans of location and construction shall be subject to the approval of the Commissioners of the District of Columbia. EXCAVATIONS. |y Excavations. Sec. 5. That excavations in the highways shall be made under permits from the Commissioners, and subject to regulations prescribed by them. CONSTRUCTION. Constniction. Sec. 6. That the railway and its appurtenances shall be constructed in a substantial and durable manner. Such construction shall at all times be subject to District inspec- tion. All changes to existing structures in public space shall be made at the expense of the company. Deposits. DEPOSITS. Sec. 7. That the company shall deposit such sums as the Commissioners may require to cover the cost of Dis- trict inspection and the cost of changes to public works in the streets. CARE OF ROADWAY. wayf^ ®' ™*^" Sec. 8. 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; and said spaces shall be kept in such condition that vehicles can readily and easily pass from one side of the tracks to the other. 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 im- proved the company shall bear the entire expense of im- proving 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 Dis- trict of Columbia, approved June eleventh, eighteen hun- dred and seventy- eight. COMPLETION. Completion. Sec. 9. That the road shall be in operation for its entire length within the District of Columbia within two years from the approval of this Act. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 2l7 GUARANTEE DEPOSIT. Sec. 10. That within sixty days from the approval of this Gjiarantee de- Act the company shall deposit one thousand aollars with ^ the collector of taxes of the District of Columbia to guar- antee 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. 11. That the cars shall be first class, and shall be ca«. kept in good condition, to the satisfaction of the Commis- sioners. timeT-table. Sec. 12. That the cars shall be run as often as the public Time-taWa convenience requires, on a time-table satisfactory to the Commissioners and approved by them. SPEED. Sec. 13. That the speed of cars shall be subject to the speed, police regulations of the District of Columbia. EJECTMENT FROM CARS. Sec. 14. That persons drunk, disorderly, contagiously j^j^^"'®'** diseased, or refusing to pay the legal fare may be ejected from the cars by the officers in charge thereof. ARTICLES LEFT IN CARS. Sec. 15. That as far as possible articles left in cars shall ^^"^^^ *®" ^ be cared for by the company, to the end that they may be restored to the rightful owner. ; 1f| 311 FARE. Sec. 16. That the rate of fare within the District of Columbia shall not exceed five cents per passenger, and six tickets shall be sold for twenty-five cents. BUILDINGS. Sec. 17. That the company is authorized to erect and maintain the buildings necessary to the operation of its road, subject to the building regulations of the District of Columbia. The company shall erect and maintain passen- ger rooms and transfer stations as required by the Com- missioners, and proper conveniences for the public shall be provided at such rooms and stations. Fare. Buildings. 218 LAWS RELATING TO STREET-BAILWAY FRANCHISES. LAND. Land. OTgani2aiion. Ii Sec. 18. That the company is authorized to acquire, by purchase or condemnation, the necessary land for its authorized right of way. ORGANIZATION. Sec. 19. That the corporators shall open books of sub- scription to the capital stock of the company within three months from the approval of this Act, of which previous notice shall be ^iven every day for one week W advertise- ment in a newspaper published in the city of Washington. The corporators herem named shall be individually liable for moneys received for subscriptions to the capital stock Erior to the organization of the company by the stock- olders. Within si;x months from the approval of this . Act the company shall be organized by the stockholders, for which purpose the corporators shall call a meeting of the stockholders, notifying them of the purpose, time, and place of such meeting by a letter mailed to each, and giv- ing additional notice, by advertisement in a newspaper published in the city of Washington, every day for one week previous to such meeting; and thereafter the stock- holders shall meet at least once a year, and such notice shall be given of each meeting. Each share of paid-up stock shall entitle the holder to one vote. The stock- holders are empowered to elect a president, a treasurer, a secretary, a board of directors, and other officers, and to make by-laws and regulations for the government of the company. CAPITAL STOCK. Capital stock. Sec. 20. That the company is authorized to issue bonds and capital stock, said stock to be in shares of ten dollars each: Provided^ however^ That the total issue of said bonds and stock shall not in the aggregate exceed the amount necessary for the cost of construction and equipment of its railway and buildings; and before any bonds or stock shall be issued the amount thereof shall be ascertained and fixed by the Commissioners of the District of Columbia; and for this purpose said Commissioners are hereby au- thorized to subpoena and examine witnesses and take such testimony as may be necessarv to enable them to make such determination and fix the amount of issue: And provided further^ That an appeal may be taken from the decision of said Commissioners to the supreme court of the District of Columbia. And all bonds or stock issued in excess of the amount authorized by said Com- missioners or said court, or in violation of the provisions of this Act, shall be null and void. Stock sold by the company shall be fully paid for before delivery to pur- chaser. Stockholders shall be individually liable to the extent of the value of the stock held by them. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 219 TAXES. Sec. 21. That the Washington and University Railroad Taxes. Company shall annually pay to the District of Columbia a franchise tax of five-eighths of one per centum of the entire gross earnings of such company, and a personal tax of two per centum per annum on the entire gross earnings of said company. There shall also be levied and collected upon all of the real estate of said company a tax in the same manner and to the same extent as upon all other real estate in the District of Columbia; said taxes shall be due and payable, subject to the same penalties on arrears, and collectible in the same manner as other taxes in the Dis- trict of Columbia. penalties. Sec. 22. That each and every violation of the require- Penalties, ments 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 com- petent jurisdiction as other fines and penalties are collected in the District of Columbia. amendment; repeal. Sec. 28. That Congress reserves the right to alter, ^^1^°*^°^^^^' amend, or repeal this Act. Approved, July 8, 1898. ii| an act To amend the Act of Congress approved July eighth, eighteen March 8. 1899. hundred and ninety-eight, entitled "An Act to incorporate the Washington and University Railroad Company of the Distnct of Columbia." Be it enacted hy the Senate and Home of Rejpresentatwes of the United States of America in Congress assetnUed, That section two of the Act of Congress approved July eighth, eighteen hundred and ninety- eight, entitled ''An Act to incorporate the Washington and University Railroad Company of the District of Columbia," be, and the same is hereby, amended so as to read and be as follows: "Sec. 2. That the company is authorized to construct Amended route. and operate a street railway for carrying passengers along the following-named route: Beginning at or near the in- tersection of Wisconsin avenue or the Tenallj^town road with Trenton street; thence westerly on Trenton street to Forty-fourth street; thence northerly on Forty-fourth street to Vallejo street; thence westerly on Vallejo street to Forty-seventh street; thence northerly on Forty -seventh street to Flint street; thence west on Flint street to Boundary avenue; thence southerly on Boundary avenue to Forty-eighth street; thence southerly on Forty-eighth street to Brandy wine street; thence easterly on Brandy- wine street to Forty-seventh street, as shown upon the 220 LAWS RELATING TO STREET-RAILWAY FRANCHISES. ?lans of the third section of highway extensions: Provided, 'hat where this route lies within the lines of a proposed Right of way. highway the company shall acquire a right of way not less than thirty feet wide in the center thereof, and all rights of way acquired within the lines of proposed highways Dedication, ghall be dedicated to the use of the public before a permit is issued for the construction of a railroad therein. Approved, March 3, 1899. m li WASHINGTON, WOODSIDE AND FOEEST GLEN BAIL- WAY AND POWER COMPANY. June 29. 1898. ^j^ ^CT Relating to the Washington, Woodside and Forest Glen Rail way and Power Company, of Montgomery County, Maryland. Be it e7iacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That the Washington, Woodside and Forest Glen Railway and Power Company, of Montgomery County, Maryland, a corporation created, organized, and existing under and by virtue of the laws of the State of Maryland, shall have Brightwood the right to run its vehicles over the tracks of the Bright- Kaiiway. wood Railway Company, and to use the power of that com- pany for propelling its cars, or to furnish power to that company for that purpose, upon such terms and conditions as ma}^ be mutually agreed upon; and in case said com- panies are unable to agree in regard thereto, either com- pany may apply by petition to the supreme court of the District of Columbia, and after reasonable notice thereof to the other party said court shall, upon hearing and investigation being had, have full power to adjudicate and finally determine tne terms and conditions upon which the Connecting joint use of Said power and tracks shall be enjoyed; and the said companies are each hereby severally authorized to enter into any agreement with each other as may be necessary to insure a continuity of traflSc over the tracks of said companies and under the management of either of said companies: Provided^ That nothing contained herein shall operate to relieve the Brightwood Railway Company of any of its charter obligations, limitations, requirements, and restrictions, all of which shall remain in full force and effect, and shall be binding in all respects upon any com- pany operating cars upon the route of said Brightwood Railway Company. Sec. 2. That Congress reserves the right to amend or repeal this Act. Approved, June 29, 1898 routes, WASHINGTON AND GREAT FALLS ELECTEIC RAILWAY COMPANY. AN ACT To incorporate the Washington and Great Falls Electric Rail- July 29, 1892. way Company. stats. 27, p. 326. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, inat^nd Great Fails W. C. Codd, and James F. Morrison, of the Stete of Mary- ^le^tneRaiiway land and James L. Barbour, James Robbms, bmith i:'ettit, porated (amend- John G. Slater, Edwin Baltzley, Edward Baltzley, J. P. ^>- Clark, Simson De. F. Jennings, and Edward B. Gottrell, of the District of Columbia, and their associates and suc- cessors, are hereby created a body politic and corporate, m fact and in law, by the name of the Washington and Great Falls Electric 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 m all courts of law and equity, and may make and have a common seal, and alter the same at their pleasure; and the said corporation is hereby authorized to locate, construct, equip, maintain, and operate a continuous line of single or double ti-ack railway, and all necessary sidings, stations, switches, turn-outs, and other devices, and to operate the same by electricity through and along the f ollowmg named streets, avenues, and roads, to wit: Beginning at a point Route (repeal- to be located by the Commissioners of the District of Columbia, west of the north end of the Aqueduct Bridge, and running thence west over the Canal road on an ele- vated railway of iron colums [«^c] and beams, with wood cross-ties and guards, to be built so as not to interfere with the use of the Chesapeake and Ohio Canal and so as to pre- serve to the public the full use of the Canal road. The said company shall submit the plans of said elevated rail- way to the Commissioners of the District of Columbia for their approval, and no work shall be done on said railway by said company before such approval in writing. In respect of everything that may pertain to the strength of the structure and to the safety and convenience of the public the construction and operating of said elevated railway shall at all times be subject to the control and approval of the said Commissioners, and the said company shall make good to the District of Columbia all damages done by it or by its contracting agents to the Canal road and other roads belonging to the District of Colmnbia, and shall also make good to the District of Columbia all the costs of inspection of the company's work by the au- i 221 I I; 222 LAWS RELATING TO STREET-RAILWAY FRANCHISES. thorized agents of the said District. In respect of every- thing that may pertain to the safety of the United States Water mains, water mains in the Canal road, the plans, the construc- tion, and the operating of said elevated railway shall be subject to the control and approval of the Secretary of War. For the safety of travel on said Canal road, and before commencing to run its cars on said elevated railway, and subject to the inspection and approval of the Commission- ers of the District of Columbia, the said company shall, at its roa!i??re" Sedf ^^^ expense, construct a substantial masonry wall between ^^ said Canal road and the Chesapeake and Ohio Canal throughout the entire distance on said road occupied by said elevated railway; and the said company also at its own expense and witnin the same time and subject to the same approval and acceptance, shall pave the said portion of said road with granite blocks or vitrified brick in the Boute. best manner. From the Canal road the route of said rail- way is to run westerly along the top of the bluff on the north side of the Canal road, and outside and south of the southern boundary of the land of the Washington Aque- duct pertaining to the distributing reservoir, to a point on said boundary not more than six hundred feet from the western boundary of said land; thence across said land but at no point less than two hundred feet from the outer crest of the dam of said reservoir, to said western bound- ary; thence westwardly on a route exterior to and on the south side of the land of the United States pertaining to the Conduit road to the land of the said aqueduct pertein- ing to the receiving reservoir; thence through said land to a point on the land of said aqueduct near the westerly foot of Delecarlia Hill; thence westwardly on a route exterior to and on the south side of the land of the United States per- taining to the Conduit road to Cabin John Creek, return- ing thence along the same line, by return tracks to the place of beginning, with the privilege of constructing a branch line, with a single or double track, from the Con- duit road lands south to Chain Bridge, on land to be ac- waj^dia^f be^"- o»d« such stock ^nd bonds or other obligations to an amount not exceeding the amounts of the actual consideration paid or payable for the stock so acquired, and may also issue fur- ther amounts of its stock or bonds or other obligations not a By deed dated February 4, 1902, the Washington and Great Falls Electric Railway Company acquired the Columbia Railway Company and the Metropolitan Railway Company and changed its own name to the Washington Railway and Electric Company by virtue of this act, 16400—05 16 1r« V Change of stock and 5TfHf' 242 LAWS RELATING TO STREET-RAILWAY FRANCHISES. It exceeding the amounts of the actual consideration paid, or to be paid, for any equipment or extensions of any such road or route or for electric power therefor: Provided^ Capital stock. That the capital stock of said company shall at no time exceed fifteen million dollars. Whenever the said Wash- ington and Great Falls Electric Railway Company shall have acquired a majority of all the stock issued by any such corporation, it shall have power to guarantee the bonds or other obligations of such corporation and to purchase such bonds or other obligations. The Washington and Great Falls Electric Railway Company may also agree with any corporation specifically named above with which it is autnorized by this Act to enter into a contract for the use of its road or route for the purchase of the estate, property, rights, and franchises of such other corporation, and for payment for the same in cash or in the stock or bonds or other obligations of said Washington and Great Falls Electric Railwa}^ Company, to be issued in the manner and subject to the limitation hereinbefore provided; and each such corporation is hereby empowered, with the consent in writing of the owners of three-fourths of its capital stock, to enter into such contract of purchase and sale through its board of directors. Upon the execution of such contract of purchase and the payment or delivery of the consideration therein agreed upon the estate, property, rights, and franchises of the corporation selling the same shall vest in and be held and enjoyed by the Washington and Great Falls Electric Railway Company as fully and entirely, without change or diminution, as the same were before held and enjoyed by the company selling the same, and shall be managed and controlled by the board of directors of the said W^ashington and Great Falls Electric Railway Company in its corporate name or in such other name as it shall adopt by the filing of a certificate as hereinbefore authorized : Provided, That the existing liabilities of the selling corporation and the rights of its creditors shall not be affected thereby: And pi^ovided further^ That no action or proceeding to which any corpora- tion whose estate, property, rights, and franchises shall be acquired as herein provided is a party shall abate in conse- quence thereof, but the same may be continued in the name of the party by or against which the same was begun, unless the court shall order the said Washington and Great Falls Electric Railwa}^ Company to be substituted in its place. Approval of The approval of stockholders herein provided for may stockiioiders. |^^ given by the consent in writing of the owners of record of mree-fourths of the capital stock of each company, or by the vote of the owners of three-fourths of the capital stock of each company, represented at a special meeting called and held as prescribed by the by-laws of the respective Certificate to Companies or by law. W^henever a certificate shall be filed TOrdCT'^oFdeerts' ^^^^ ^^^ recorder of deeds for the District of Columbia, signed and acknowledged by a majority of the board of directors of each of the corporations to be affected thereby, showing that a contract of purchase and sale has been LAWS RELATING TO STREET-RAILWAY FRANCHISES. 243 made and approved as herein provided, such certificate shall be presumptive evidence of the facts therein set forth. Upon the filing of such certificate a notice shall be mailed to each stockholder of record in such corpora- tions, setting forth the time when and place where such certificate was filed, and if within thirty days after the mailing of such notice any stockholder of any of the com- panies affected thereby shall give notice in writing to the said Washington and Great Falls Electric Railway Com- pany that he dissents from such contract, it shall be the duty of the said company, within sixty days after the filing of such certificate, to institute a proceeding for the appraisement of the shares of such dissenting stockholder. If any stockholder shall omit to give such notice of dissent, he shall be deemed to have assented to such con- tract. Said proceeding for appraisement may be begun Appraisement by filing with the supreme court of the said District a petition praying for the appointment of three per- sons to appraise the value of such stock. The court shall thereupon appoint three such appraisers and designate the time and place of their first meeting. The court may fill any vacancy in the board of appraisers occurring by refusal or neglect to serve or otherwise. The appraisers shall meet at the time and place designated, and after being sworn honestly and faithfully to discharge their duties, shall appraise such stock at its full value, without regard to any appreciation or depreciation thereof in con- sequence of such conti*act of purchase and sale; and said award, when confirmed by the court, shall be final and conclusive on all parties. The charges and expenses of the appraisers shall be paid by the said Washington and Great Falls Electric Railway Company. If the person entitled to receive the amount of the award shall refuse to accept the same, or if for any reason it shall not be pos- sible to make payment of the amount of the award to such person entitled to receive the same, without unreasonable delay, the court may direct the same to be deposited in court. When the said company shall have paid or depos- ited in court the amount fixed by the appraisers as the value of the shares of the dissenting stockholder, such stockholder shall cease to have any interest in said ap- praised stock or in the property or franchises represented thereby, and the said Washington and Great Falls Electric Railway Company shall receive back from the corporation whose estate, rights, property, and franchises it has ac- quired, that portion of the consideration for such sale, or of the proceeds thereof, which otherwise would have been distributed to such dissenting stockholder. If such pay- ment or deposit is not made within thirty days from the confirmation of the appraisal, the amount of the award, with interest from the date of confirmation, shali be a judgment against the said W^ashington and Great Falls Electric Railway Company, and may be entered, docketed, and collected as other judgments in said court are b}^ law 244 LAWS RELATING TO STREET-RAILWAY FRANCHISES. collectible. If the said company shall omit to institute the proceeding hereinbefore required, within the time hereby limited, the stockholder giving such notice may institute such proceeding by a proper petition on his own behalf or, at the election of such stockholder, the estate, rights, property, and franchises of the selling corporation shall revest in such corporation, and the consideration received therefor shall be repaid to the said Washington and Great Falls Electric Railway Company. All obligations imposed by law upon the Washington and Great Falls Electric Railway Company in respect to the time and mode of constructing its railway, or the motive power to be employed, or the speed or frequency at which cars are to be run, or in respect to any other matter affecting the interests of the United States, or of the general public, or the people of the said District, ex- cept as such obligations are expressly modified or repealed by this Act, shall continue to be applicable to the road or route now belonging to said corporation, and shall be confined thereto: Provided, That the Washington and Great Falls Electric Railway Company, on the purchase of the property or franchises of any or all of said railroad companies as in this bill authorized, shall be empowered to charge over the said route or routes thus acquired the rates of fare now authorized by law to be charged thereon by the respective companies owning or operating the same, and no more: And provided further. That the right or privilege granted by section one of the Act approved July^ twenty-ninth, eighteen hundred and ninety-two, entitled ''An Act to incorporate the Washington and Great Falls Electric Railway Company," by which said company is authorized to charge a fare of ten cents per passenger for transportation over the line of railway authorized and described by said Act, be, and the same hereby is, amended so as to limit the rate of fare on said line of railway to five cents per passenger, and said Washington and Great Falls Electric Railway Company is hereby required to sell tickets at the rate of 'six for twenty -five cents, each good for the transportation of one passenger over the whole or any part of its said line of railway authorized and described by said Act within the District of Columbia. All obligations imposed by law upon any corporation hose road or route is acquired in accordance with the rovisions of this Act, except as the same may be ex- pressly modified or repealed by this Act, shall continue to be applicable to such acquired road or route and shall be confined thereto, and such road or route shall be acquired subject to such obligations and with all the rights and powers possessed by the selling corporation. Electric Power Sec. 3. That the Washington and Great Falls Electric Companies. Railway Company may acquire and hold shares of the capital stock or other securities of any company supplying or under contract to supply electric power in the operation of its railway to it or to/ any of the corporations whose Fare. Existing char- ters of consti ent roads. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 245 Shares of stock or whose property and franchises it is authorized to acquire under this Act; and as a part of any contract for the supply, of said power the said Washington and Great Falls Electric Railway Company may exchange its stock and securities for the stock and securities of any such electric power company, and may guarantee the securities of any such power company, but in no event shall said railway corporation be authorized to receive a transfer of the property or franchises ot such electric ^""sec TC'the Washington and Great Falls Electric i^i'-torB. Railway Company is hereby authorized from time to time to make such changes in the number of its directors as its bv-laws may provide, and also to limit and regulate in its by-laws the times and conditions of the examination of its books and records by stockholders: Proytdfd, ihat the stock and transfer books shall at all times, during business hours, be open to the inspection of stockholders. Sec 5. That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Sec. 6. That Congress reserves the power to alter, amend, or repeal this Act. Approved, June 5, 1900. WASHINGTON AND MARLBORO ELECTRIC RAILWAY COMPANY. AN ACT To authorize the Washington and Marlboro Electric Railway -^%^^'^^ Company, of Maryland, to extend its line of road into and withm 28, stats. p. 717. the District of Columbia. Be it enacted hy the Senate and House of RepresentaUves of the United States of Ammca in CongreM assembled, inat^ Washington the Washington and Marlboro Electric Railway Company, Elect ric^Rwy. incorporated by an act of the general assembly ot Maryland, authorized u. ex- entitled ''An Act to incorporate the Washington and Marl- tend.,i-of 'c^ boro Electric Railway Company," and so forth, approved lumWa. on the eighth day of April, eighteen hundred and nmety, is hereby authorized to construct and lay down a street railway, with the necessary switches, turn-outs, and other mechanical devices, in the District of Columbia, and run cars thereon through and along the f ollowmg routes: Bec^inning at and on the southeasterly boundary hne ot R«ute. the District of Columbia where the line of railway of said company within the State of Maryland shall reach the same, and running thence by Suitland road, Bowen road, and Branch avenue, or other practicable route which may be approved by the Commissioners of the District of Colum- bia, to connect with Pennsylvania avenue extended; thence by and with said avenue to and across the tracks ot the Baltimore and Ohio Railroad on Railroad avenue; thence along Railroad avenue to Naylor road and by the same to the Anacostia River; thence across the Anacostia River by ^^^^;^^ a steel or iron truss bridge resting on masonry piers built parallel to the direction of the current, with pile or other secure and approved foundations, and with spans not less than those of the Pennsylvania avenue bridge, and with a wide drawspan over the channel. The plans of said bridge shall be approved in writing by the Secretary of War, and the bridge shall be built by said company over and above the tracks of the Baltimore and Potomac Railroad in such manner and at such height as not to interfere with the use of said railroad; and thence to the intersection of Pennsyl- vania avenue and Fifteenth street southeast by a route to be approved by the Commissioners of the District of Colum- bia ; thence north on Fifteenth street east, to Florida avenue ; thence northwesterly on Florida avenue to Seventh street ^^^ northwest; also, when the proposed extension of Pennsyl- route vania avenue shall have been completed to Bowen road, then the route of said railroad may be extended from the intersection of Branch avenue therewith to Bowen road, and by further practicable route as may be approved by the 247 Plan of bridge. Extension o! 248 LAW8 RELATING TO STREET-RAILWAY FRANCHISES. sion Widening streets. try road. Construction. Commissioners of the District of Columbia to the boundary line of the said District at or near the Suitland road: Pro- Timefotexten- ^ided^ That such extension of the road shall be made within one year after the opening of Pennsylvania avenue to the Bowen road. These routes may be modified or extended at the will of Congress, and the said railway company shall comply with such modifications or extensions, of Sec. 2. That whenever the roadway of any street occu- pied by the said railwa}^ company is widened, one-half of the cost of widening and improvement of such widened pai't shall be charged to the said railway company and col- lected from said company in the same manner as the cost of laying or repairing pavements lying between the exte- rior rails of the tracks of street railways, and for a dis- tance of two feet from and exterior to such track or tracks on each side thereof is collectible under the provisions of section 5 of the Act entitled "An Act providing a perma- nent form of government for the District of Columbia," approved June eleventh, eighteen hundred and seventy- eight. Route in coun- Sec. 3. That whcu the route described coincides with that of a country road of less width than sixty-six feet the rail- way shall be constructed entirely outside the road. Sec. 4. That the said railway shall be constructed in a substantial and durable manner; and all rails, electrical and mechanical appliances, conduits, stations, and so forth, shall be of approved pattern. Sec. 5. That the said corporation shall at all times keep the space between its tracks and rails and two feet exterior thereto in such condition as the Commissioners of the Dis- trict of Columbia or their successors may direct, and when- ever 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 offi- cials 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 the corporation shall furnish and maintain such lights along its line as the Commissioners of the District of Colum- bia 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 Dis- trict 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, and highways, and the sewerage thereof. In such event it shall be the duty of said compan}^ to change its said rail- Pavingr Lights. Change grade, etc. of LAWS RELATING TO STREET-RAILWAY FRANCHISES. 249 way 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, Trenche8,etc its successors or assigns, to make all needful and convenient trenches and excavations in any of said streets or'places where said companv may have the right to construct and operate its road, and place in such trenches and excava- tions all needful and convenient devices and machinery tor operating said railroad in the same manner and by the means aforesaid. But whenever such trenches or excava- tions shall interfere with any sewer, gas, or water 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 by the said railroad company. Sec. 9. That the said company shall, before commencing Deposit^ f^ work on said railroad on such street, deposit with the ^^t«^"^^- Treasurer of the United States to the credit of the Wash- ington 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 com- pleting, 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 con- sider 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^ 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 vear after the completion of said railroad in such street shall be returned to said company on the order of the Sec- retary of War, with an account of its disbursement in detail: Andjn^ovided also, That disbursements of said de- posits 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 ^^Engine houses, its successors or assigns, to erect and maintain, at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said cor- poration, and subject to the approval of the said Commis- sioners, an engine house or houses, boiler house, and all other buildings necessary for the successful operation of a cable-motor, electric, pneumatic, or other railroad. Sec. 11. That the line of the said railway company shall c^^^^^f.^.ent be commenced within one year and completed within two years from the passage of this Act. Sec. 12. That the said company may run public carriages Motive power. propelled by cable, electric, or other mechanical power; but 250 LAWS RELATING TO STREET-RAILWAY FRANCHISES. routes, nothing in this Act shall allow the use of steam power in Crossings. locomotives : Provided further^ That for the purpose of mak- ing a continuous connection, the said company shall have the right to cross all streets, avenues and highwa.ys that Coinciding ^^^^ \^^ deemed necessary for this purpose : Provided^ That whenever 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 authorized and empowered to use such tracks in common, upon such fair and equitable terms as may be agreed upon by said com- panies; 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 Colum- bia, 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 incor- porated shall be entitled so to use and enjo}^ the track of such other street railway company, and the amount and manner of compensation to be paid therefor: Andjyrovided 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 pas- sengers, but shall only be entitled to use the same for the ordinary passage of its cars, with the ordinary halts for 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 corpora- tion shall construct and 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 sum- marily determined upon the application of either road to any court in said District having competent jurisdiction. Passenger Sec. 13. That the Said company shall furnish and main- tain passenger houses as required by the Commissioners of the District of Columbia, and shall place 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. Time-table, according to a time-table approved by the Commissioners of the District of Columbia. Every failure to comply with the conditions of this section shall render the said corporation liable to a fine of fifty dollars, to be recovered in any court of competent jurisdiction at the suit of the Commissioners of said District. Speed. Sec. 14. That the Commissioners of the District of Columbia may make such regulations as to rate of speed, houses. Can. LAWS RELATING T(» STREET-RAILWAY FRANCHISES. 251 1 /• • J «T oo in Removal of ice mode of use of tracks, and removal of ice '^n^ snow as in^„a™„„, their iudgment the interest and convenience of the pubhc mav reqmre. Should the servants or agents of said com- rnnv willfully or negligentlv violate such An ordinance or Hat on sa^id com|any shall be liable to the District ot '(^iLbia for a penally not ^^ ^'"^thlt ^al'eladvel t- A«.e.. ... . Sec 15. That all articles ot value that may be inaaveii ^^ entlvleft in any of the cars or other vehicles ot the said com- mnv shall be biken to its principal depot and entered in a Kk of record of unclaimed goo(fs, which book s lall be open to the inspection of the public at all reasonable hours ot business. , „ v „*„,.„ fh<» «i-ot Annual re- Sec 16. That said company shall, on or befoie the tirstp„rt. of February of each year, make a report t» y>ngre8s trough the Commissioners of the District of Columbia, of ihe nfmes of all the stockholders therein and the ainount of stock held by each, together with a detailed statement ot ?LreLipts ani expenditures, from whatever source a^^^^^^^ whatever account, for the preceding year ending Decembei the thirty-first, and such other facts as may be required by any genei-al law of the District of Columbia, which report shall be verified by the affidavit of the president and seci-e- tervof said company, and, if said report is not made at the dmespecifiedorwithin ten daysthereafter,suchta.luresl^ll of itself operate as a forfeiture of the privileges and r.ghis herein granted, andit shallbetheduty of the Commissioners to causi to be instituted proper judic al ^of .e^'ng^ ^^f '^- ,„„ for; and said company sUll pay to the District of Colum- Taxes bia, in lieu of personal taxes upon personal property, includ- ing cars and motive power, each year, tour per centum ot i?s gross earnings within the District of Columbia which amountshall bepayable to thecoUector of taxes at the times and in the manner that other taxes are now due and myable, and subiect to the same penalties on arrears; and the tran- chiseand property of said company, both real and personal, to a sufficint amount may be seized and sold in satisfaction thereof, as now provided by law for the sale of other prop- erty for taxes; and said per centum ot its gross earnmgs shall be in lieu of all other assessments of personal taxes upon its property used solely and ^xclusnely in the opera^ tion and management of said railway: Provided, 1 hat the payment of the said four per centum of ite gross earnings shall not be required during the period ot five years after the commencement of the operation ot said milway, orany part thereof. Its real estate shall be taxed as other real estate in the District of Columbia: Proridsd further, Ih&t its tracks shall not be taxed as real estate. Sec. 1Y. That said company may receive a rat« ot tare not exceeding five cents per passenger; and the said com- nanv may mtke arrangements with all existing railway Sa^es in the Distrkt of Columbia for the interchange of tickets in payment of fare on its roads: P,mv-*. Sn aTMailboro Electric Railway Company shall be complied with by any and all the- successors t« and assigns of said Company. , . , „u^,.^r^ Amendment. Sec. 25. that this Act may at any time be altered^ repeal, anfended, or repealed by the Congress ot the Umted States. Approved, March 2, 1895. April 3, 1900. AN ACT to amend the charter of the East Washington Heights Traction Kailroad Company. Be it enmted hy tU Senate and Hmse ^f ^^P^%fJ^4^^. of the United States of Anu^nea^n Congress asmnhled. That the charter of the East Washington Heights Traction Rail- ro^ Company, of the District of Columbia, be and the same is hfrebv, amended so as to authorize and pemit ^safd comiia'ny to lay down its tracks and opemte ,^ cars from its present authorized terminus at the we^tei n approach to t^e Penn.sylvania Avenue Bridge as provided ?n section one of the Act of incorporation; thence north on Sevinth'^street east to East Capitol street; thence west on East Capitol street to Fifteenth street east, con- acting with thi Metropolitan Railway; also from the ntersfction of Minnesota avenue and Harrison street ihence westerly on Harrison street to Pierce street; thence sSK on pierce street to Jackson street; thence west- eX along Ja«k.son street to Monroe street; also north- ward on llinnesota avenue as. laid down on the highway- extension plans, to connect with the Columbia Railway at Bennfng, over a route and at a point acceptabe to and approvfd by the Commissioners of the Districtof Columbia. "^C 2 That the time within which the East Washing- ton Heights Traction Railroad Company is required to TomS and put in operation its railway be, and the same is hereby, extended for the terniof two years from the eighteenth dav of June, nineteen hundred: ^'"^'^f '^' T'?'^* if Within two years f'om the date of the pa^^^^ Act the Washington and Marlboro Railroad Company snau ^^^ M„iboro buUd its Hues into and within the District of Columbia, Bauroad. then said company shall have the right to use such of the routes in this .A.ct provided for as may coincide with the route provided for 'in the charter of the said Washington and Marlboro Railroad Company. „„„„j Sec. 3. That Congress reserves the right to altei , amena, or repeal this Act. Approved, April 30, 190O. :( \t Great Old Railroad. 254 LAWS RELATING TO STREET-RAILWAY FRANCHISES. AN ACT To provide for laying a single electric street-railway track across the Aqueduct Bridge, in the District of Columbia, and for other purposes. £e it enacted by the Seriate and House of Rej/t^esentatives of the United States of Arnerica in Congrem aA<8einhled^ That upon deposit of the amounts hereinafter stated by the Great -at Falls and Falls and Old Dominion Railroad Compan} , a corporation oad™^"^**"of the State of Virginia, the Commissioners of the Dis- trict of Columbia are hereby authorized and directed to change or rebuild, according to such plans as they may g A a u e d u c t approve, the superstructure of the Aqueduct Bridge across the Potomac River so as to permit the placing thereon of a single electric street-railway track for tne accommodation of electric street cars operating and to operate across said bridge. Sec. 2. That within thirty days after the approval of this Act the said Great Falls and Old Dominion Railroad Deposit. Company shall deposit with the collector of taxes of the District of Columbia the sum of one thousand dollars, and the said company shall, j^ef ore the work provided for in the first section hereof shall be begun, deposit with said col- lector the additional sum of twenty -four thousand dollars, the aggregate amount of said sums being the estimated cost of such change or alteration in said bridge necessary for the purpose of accommodating such electric street-rail- way traffic across same: Provided^ That if the sum of twenty -five thousand dollars shall not have been deposited by said railroad company within three months after the .^ passage of this Act the said company shall forfeit to the said District of Columbia the said sum of one thousand dollars, hereinbefore required to be deposited, and all rights under this Act: Provided further., That if the said Great Falls and Old Dominion Railroad Company shall fail to make said deposit of one thousand dollars within the said thirty days or the sum of twenty -five thousand dollars within the said ninety days, then that all rights of the Great Falls and Old Dominion Railroad Company under this Act shall be forfeited. In which event, the Arto|ii°\*nd Washington, Arlington and Falls Church Railway Com- Faiis churchpany may, within ten days from the default made b}- the Railway Co. ^^^^^ ^^^^^ ^^^ qj^ Dominion Railroad Company, make the said deposit or deposits, and have and enjoy all the rights, privileges and franchises granted by this Act to the Great Falls and Old Dominion Railroad Company. Sec. 3. That within sixty days after the sum of twenty- five thousand dollars shall have been deposited by said company, as hereinbefore required, the Commissioners of the District of Columbia shall, as promptly as possible, pro- work of Chang- ^®®^ with the work of changing or rebuilding the super- ing bridge. structure of the said Aqueduct Bridge, charging the cost of said work to said deposit, and shall continue same until said work is completed: Prmnded., That if said sum is found at any time during the prosecution of said work to be insufficient to complete the same, in the opinion of said LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 255 Additional de- Commissioners, the Great Falls and Old Dominion ^\\- ,^ road Company shall deposit with the collector of taxes of said District such additional-sum or sums, "ot to exceed ten thousand dollars, as the Commissioners ot the District of Columbia may deem necessary. . . Sec. 4. That within ninety days alter the completion ot the work of changing or rebuilding said bridge or during the progress of said work, as may be directed by the said Commissioners, the Great Falls and Old Dominion Rail- road Company is hereby authorized and directed, under such regulations and upon such plans as may be approved by saKmmissioners, to lay upon said bridge and across ^;^r^acu aorc« M street and in Thirty-sixth street to such point south ot Prospect street, in tlie city of Washington, as may he approved by said Commissioners, a single electric-railway track, with necessary switches .and turn-outs; that the said Great Falls and Old Dominion Railroad Company is hereby authorized to connect its tracks to be constructed over its right of wav in Alexandria County, Virginia, with the track hereby authorized to be constmcted upon the said Aqueduct Bridge and to operate its «J}-s thereon ^^ ^^^^^ Sec 5 That any other electric street-railway companj eomjanies to u* desiring to use said track for the purpose of crossing said .rack, bridge and securing connection into the city ot Wash ington may be permM>d to do so by the Commissioners ot the District of Columbia upon satisfying said Commission- ers that it has refunded to said Great ta Is and Old Dominion Railroad Company such proportional part of the sum deposited by said company, as herein required, as may be agreed upon between said companies as a tair and , equitable compensation for said privilege, and in the event that the said companies shall fail to agree upon the amount to be so refunded, either or any of them mav 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 amount to be so refunded tor the use of said track. . ^^'^^ ^'A i-nxnXc Maintenanceof Sec 6. That the company or companies using saia tracK^^j^^^ shall at all times keep the bridge floor and the pavement between the rails of said track and tor a distance of two feet outside thereof in repair to the satisfaction ot said Commissioners of the District of Columbia, and in the event that the said railway company or companies neglect or refuse to keep said floor and pavement in repair to the satisfaction of said Commissioners, the Commissionei-s are hereby authorized to make such repairs and collect the cost of the same from such railroad company or companies in such manner as is now provided by law m cases where street pavements adjacent to street- railway tracks are repaired by said District; and if the cost of said repairs is not paid by said railroad company or companies within ninety davs from the rendition of bills tor the same the said Commissioners are hereby authorized to prevent the ^■Aa 256 LAWS RELATING TO STREET-RAILWAY FRANCHISES. Commissioners operation of said cars by the exercise of their police to exercise police ^^^jj^ J,- ^.^ until such time as said bills are paid. Sec. 7. That no car shall be operated upon said bridge by steam power, nor shall any company operating- steam Cars. cars within such distance from the south end of the said bridge as to interfere with vehicle traffic thereon be per- mitted to operate electric street cars upon said bridge. Sec. 8. That the Commissioners of the District of Columbia are hereby authorized to permit the cars of said railroad company or companies using said track across said bridge and in M and Thirty-sixth streets to be oper- Power. ated by the underground electric system or by overhead trolly, as they may deem desirable; and in case the over- head trolly is used each car shall be equipped with a double trolley, and a return wire shall be provided for the electric current equal in capacity to the feed system upon this portion of the line and similarly situated, and no pole of any dynamo furnishing power for the operation of said cars shall be in any manner connected with the earth. Commissioners g^c. 9. That the operation of the cars upon the track iuo'iS cL^rs?Sc: herein authorized shall be mider the direction and control of the Commissioners of the District of Columbia, who are hereby authorized to make such regulations in regard to speed, character, and weight of cars, time of operation, and fare to be charged as they may deem necessary or desirable; and any company violating any regulations of said Commissioners made under the authority of this sec- Penaity. tion shall be subject to a fine of not less than twenty -five dollars for each and every offense, to be recovered in any . court of competent jurisdiction at the suit of said Com- missioners, and in default of the payment of such tine the Commissioners are hereby authorized to exercise their police authority to prevent the operation of the cars of the company so defaulting. Sec 10. That Congress reserves the right to alter, amend, or repeal this Act. Approved, January 29, 1903. STREET RAILWAY LAWS OF A GENERAL NATURE. Sundry civil act, 1873. ♦ * and all railroads are hereby prohibited on the I street ajid K street fronts of Farragut, Scott [changed to McPherson square March 3, 1875. See U . b. btats. 18, p. 3911 and Franklin squares; and no further street railroads shall be laid down in the city of Washington without the consent of Congress. * * * Approved, June 10, 1872. June 10. 1872. Stats. 17, p. 360. Railroads pro- hibited on I and K street fronts of Farragut, McPherson, and Franklin squares No further roads shall be laid without the consent of Con- gress. Extra^te from an act providing a permanent form of government for , "J"^"'^^ ■ the District of Columbia. stats. 20, p. 106 « « ♦ * * The cost of laying down said pavements, sewers, and uJ^^J^^s c''hj;S^ other works or of repairing the same shall be paid for m jbie to stjee t «^^ the following proportions and manner, to wit: When any street or avenue through which a street railway runs shall be paved, such railway company shall bear all of the expense for that portion of the work lying between the exterior rails of the tracks of such roads, and for a distance of two feet from and exterior to such track or tracks on each side thereof , and of keeping the same in repair. how tracks But the said railway companies having conformed to the ghSS^e paved, grades established bv the Commissioners may use such cobblestone or Belgian blocks for paving their tracks or the space between their tracks as the Commissioners may The United States shall pay one-half of the cost of all pay^'hlff ?rSi work done under the provisions of this section, except that costs^under .ec^ done by the railway companies, which payment shall be done by^uroad credited as part of the fifty per centum which the United --i-°- States contributes toward the expenses of the District ot Columbia for that year. , , xi o .. ^ 4-u^ Paid on war- And all payments shall be made by the Secretary ot the ^^^^^ ^f commis Treasury on the warrant or order of the Commissioners of s«>ners b>^^ the District of Columbia, or a majority thereof, in such amounts and at such times as they may deem safe and proper in view of the progress of the work. Districtopave That if any street railway company shall neglect or re-^^^^.^^ ^^ street fuse to perform the work required by this act, said pave- -^^^JJ^^^^^^^p*" ment shall be laid between the tracks and extenor thereto . of such railway by the District of Columbia, 16400-05 17 257 258 LAWS RELATING TO 8TEEET-EAILWAY FRANCHISES. Commissioners may issue certifi- cates of indebt- edness against their property, etc. Certificates not paid property sold. Duties of rail- road companies where tracks in- tersect. And if such company shall fail or refuse to pay the sum due from them in respect of the work done by or under the orders of the proper officials of said District, in such case of the neglect or refusal of such railway company to per- form the work required as aforesaid the Commissioners of the District of Columbia shall issue certificates of indebt- edness against the property, real or personal, of such rail- way company, which certificates shall bear interest at the rate of ten per centum per annum until paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued, together with the franchise of said company. And if the said certificates are not paid within one year the said Commissioners of the District of Columbia may proceed to sell the property against which they are issued or so much thereof as may be necessary to pay the amount due, such sale to be first duly advertised daily for one week in some newspaper published in the city of Washington, and to be at public auction to the highest bidder. When street railways cross any street or avenue the pavement between the tracks of such railway shall con- form to the pavement used upon such street or avenue, and the companies owning these intersecting railroads shall pay for such pavements in the same manner and roportion as required of other railway companies under the provisions of this section. • * ♦ * * « Approved, June 11, 1878. March 2, 1889. District of Columbia appropriation act, 1890. stats. 25, p. 797. * * * * * Street carsmay That any company authorized by law to run cars pro- triciTor^cabiS'pelled by horses in the District of Columbia is hereby au- thorized to substitute for horses electric power by storage or independent electrical batteries or underground wire, or underground cables moved by steam power, on the whole or any portion of its roadway, with authority to purchase and use any terminal grounds and facilities necessary for the purpose; and any such street railway electing to sub stitute such power on any part of its tracks or road-beds on the streets of the District of Columbia shall, before doing so, cause such part of its road-beds to be laid with a Grooved rails, flat grooved rail, and made level with the service of the streets upon each side of said tracks or road-beds, so that no obstruction shall be presented to vehicles passing over provison. said tracks: Provided^ That in the event said companies or either of them shall fail for the period of two years from the passage of this act to exercise the powers and privileges hereinbefore given, such companies are hereby required to cause said rails and road-beds to be relaid Groovedraiisto with the flat groovcd rail hereinbefore mentioned, so as t^o ?'ea«.'^"^''' to be level with the surface of the streets upon each LAWS RELATING TO STEEET-KAILWAY FRANCHISES. 259 side of said tracks or road-beds and the cost of making the changes hereinbefore required shall be paid by the corporations or persons owning or operating said street railroads, and if, after being notified by the Commissioners of the District of Columbia in writing to comply with the terms of this act, the said corporations or either of them shall not within ninety days thereafter begin the work required and complete the same within a reasonable time, not more than twelve months from the expiration of said period of ninety days it shall be the duty of the Commis- ^^om mi s^o^n sioners to cause the necessary changes in said rails and road- the change on beds to be made as soon as practicable; and shall issue ^1^^^^^^^ ^^ ^°°'' certificates of indebtedness against the property, real or personal, of such railway company, which certificates shall ^^irtificatj ^of bear interest at the rate of ten per centum per annum until cost. paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued, together with the franchise of said company; and if the certificates are not paid within one year the said Commis- sioners of this District of Columbia may proceed to sell ^^saie of prop- the property against which they were issued, or so much thereof as may be necessary to pay the amount due, such sale to be first duly advertised daily for one week in some newspaper published in the city of Washington, and to be sold at public auction to the highest bidder: Pi^ovided further^ That after the passage of this act no other rail than that herein mentioned shall be laid by any street rail- ^^^ S^fhSJl way company in the streets of Washington and George- after. town, and all companies granted franchises or extensions by the Fiftieth Congress shall have extension of one year's time within which to lay their tracks. So much of the charters of the street railway companies of the District of Columbia as is inconsistent with this section is hereby repealed. Provided further. That the foregoing require- ments as to motive power, rails and road-beds shall not apply to street railroads outside the city of Georgetown ^^^ ^ ^.^^^^ and the Boundary limits of the city of Washington: «?«<^outswl^t?t>^im^- Provided, That the authority hereinbefore granted in each its. and every particular shall be exercised onl}^ with the ap- Approval of proval of the Commissioners of said District of Columbia, <^«°^^^°^"'^- expressed by resolution of said board. * Approved, March 2, 1889. District of Columbia appropriation act, 1891. ♦ * * * ♦ August 6, 1890. Stats. 26, p. 310. street railroad Sec. 3. That any street railroad company in the District companies of Columbia authorized to run cars drawn by horses, which changing motive has changed or may change its motive power on any of its ^^^'^' lines now constructed, to cable or electricity, or change its rails in accordance with the provisions of law, shall ^^ve ^^ m a y^ i ss u^e the right to issue and sell, at the market price thereof, stock cost. 260 LAWS RELATING TO STREET-RAILWAY FRANCHISES. Sales at market Qf gai(j company to an amount necessary to cover the cost ^"^^' of making said changes, the cost of said changes and the amount of said stock sold, together with the price per share, mfm to be fifed ^^ ^® ^^^^y ^^^ forth, Under the oath of the President of said Company, and tiled with the Commissioners of the District. Companies ac- And any Company availing itself of the privileges herein mS^st^ dYspenS granted shall within two years, wholly dispense with horses tw? ea?s^^^ ^° ^^ motive power on all portions of its line and substitute Power to be therefor the power provided for in the act making appro- substituted, priations for the expenses of the government of the District of Columbia, approved March second, eighteen hundred and eighty-nine, or pneumatic or other modern motive Approval of power which shall be approved by the Commissioners of ?e*'q'SSS.'''''"' the District of Columbia, but nothing in this act contained ^es ^^^'^^^^^ shall in any wise authorize the use of overhead appliances: Proviso. Provided^ That if ajiy such company operating a line or lines of street railroad from Georgetown or West Wash- Forfeiture of ington to and beyond the Capitol grounds shall fail to sub- ure°to compiy^*^' stitutc f or horsc power the power herein provided for on . all its lines within two years from the date of this act, such company shall forfeit its corporate franchises. Approved, August 6, 1890. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 261 July 22. 1892 . JOINT RESOLUTION Extending the time in which certain street rail- Stats. 27, p. 399. roads compelled by act of Congress, approved August sixth eighteen hundred and ninety, to change their motive power from horse power to mechanical power, for one year. Resolved hy the Senate and House of Representatives of in''^whfc!f Metrl? ^^^^ United States of America in Congress assembled^ That poiitan Railroad the time within which the street railroad companies avail- modve^weV^^ iug themsclvcs of the privileges granted by the act making appropriations to provide for the government of the Dis- trict of Columbia, and approved August sixth, eighteen hundred and ninety, so far as it extends to the Metropoli- tan Railroad, is hereby extended for one year from the date of the passage of this act: Provided^ That so fast as the • cars now building are equipped with storage batteries they nSin^cSnV^^^^^ be placed ou the road: And provided further^ That pen ingc °^^- pg^^jjjjg ^j^g change the present equipment of the road shall be put, kept and maintained in good condition; and any failure to comply with any of the foregoing require- ments as to equipment shall render the said Metropolitan Penalty. Railway Company liable to a fine of not exceeding twenty- five dollars for each day so in default, to be recovered by the Commissioners of the District of Columbia, as other fines are recovered in the District of Columbia. Amendment. " gec. 2. Congrcss rescrvcs the right to alter, amend or repeal this act." Approved, July 22, 1892. AN ACT To prohibit the use of " one horse " cars within the limits of July 29. 1892. the city of Washington after the first day of January, eighteen stats.27,p.334. hundred and ninety-three, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemUed^ Thatp^Jf^-^^ *^*" after the first da}^ of January, eighteed hundred and ninety- three, it shall be unlawful for any street railway company owning or operating any line of street railway within the ' limits of the city of Washington, or the greater part of which lines lies within said city limits, to use upon such road any ' ' one horse " cars. After said date, all cars used within the said limits shall, if drawn by horse power, be of the size and style known as ''two horse cars," and each car shaJl be in the charge of a conductor, and such conductor shall not act as a driver: Provided this act shall not apply x^f^^^x^'^t to any companj^ operating street railways outside the limits tied sections. of the city of Washington or through unimproved and sparsely settled sections of the same, until such time as the Commissioners of the District of Columbia shall deem necessary for the public needs. Any railroad company penalty, violating the provisions of this act shall be subject to a fine of twenty -five dollars per day for each car, and for every day it may be so operated, to be recoverable by action instituted in the name of the Commissioners of the District of Columbia in any court of competent jurisdiction within the district, and all fines collected on such account shall, when collected, be paid into the Treasury for the use of the District of Columbia, It is hereby made the duty of the Enforcement. Commissioners of said District to see that this act is strictly enforced. Approved, July 29, 1892. ^ III AN ACT to provide for the sale of new tickets by the street railway May 25, 1894. companies of the District of Columbia. stats. 28 p 78. Be it enacted hy the Senate and House of Rejyresentatives of the United States of Atnerica in Congress assemUed^Thsit ^^^^^^^^^^'^ after thirty days from the passage of this Act, each street panies shaii use railway and street herdic transportation company in the ^^^^^^ ^"' **^*^^- District of Columbia shall issue its own tickets, and sell no tickets issued by any other company. Such tickets shall be printed and sold in sheets of six tickets each, and after having been once used shall be canceled by the company which issued the same: Provided^ That all street-railway jj^^™P^^J!^^^f^} companies and herdic transportation companies doing busi- era tickets, ness in the District of Columbia, shall receive and exchange tickets with each other, and said companies shall make monthly settlements with each other, and shall redeem in money any tickets in excess of the number of tickets exchanged. Sec. 2. That any street railway or street herdic trans- Pe^»i*y- f)ortation company doing business in the District of Co- umbia which shall violate the provisions of this act shall 4 262 LAWS RELATING TO STREET-RAILWAY FRANCHISES. be liable to a fine of not to exceed ten dollars for each offense, to be recovered in any court of competent juris- diction. Approved, May 25, 1894. Metropolitan Railroad re- quired to enter into reciprocal transfer and trackage ar- rangements with other roads. August 2, 1894. AN ACT To authorize the Metropolitan Railroad Company to change Stats. 28, p- 2 17 its motive power for the propulsion of the cars of said company, (amended). *. » ♦ Sec. 5. That the Metropolitan Railroad Company is hereby authorized and required immediately to make recip- rocal transfer arrangements with street railroad companies whose lines now connect with its lines, and to furnish such facilities therefor as the public convenience may require. Upon the completion of the underground elec- tric system provided for in this Act the said Metropolitan Railroad Company is hereby further authorized and re- quired to enter into reciprocal trackage arrangements with connecting roads. The schedules and compensation shall be mutually agreed upon between the said Metropolitan Railroad Company and the companies with whose lines its lines connect; and in any case of failure to reach such Tiutual agreement, the matters in dispute shall be deter- mined by the supreme court of the District of Columbia, upon petition filed by either party: Provided, That every street railway company in the District of Columbia whose lines connect, or whose lines may hereafter connect, with the lines of any other street railway company, is hereby subjected to the same requirements as to transfers and trackage arrangements, and upon similar conditions, as in this section provided in the case of the Metropolitan Rail- road Company and the lines connecting therewith. * * * * . * Approved, August 2, 1894. Connecting street railways in D. C. subjected to same require- ments. June 11, 1896. District of Columbia appropriation act, approved June 11, 1896. Repairs Streets, Avenues, and Alleys: For cur- rent work of repairs of streets, avenues, and alleys, thirtv thousand dollars. And this appropriation shall be avail- able for repairing the pavements of street railways when necessary; the amounts thus expended shall be collected from such railroad company as provided by section live of "An Act providing a permanent form of government for the District of Columbia," approved June eleventh, eighteen hundred and seventy -eight, and shall be deposited to the credit of the appropriation for the fiscal year m which they are collected: Provided, That the fifth section of the Reciprocal ^^.|. ^^ Congress approved August second, eighteen hundred mngemente. ^"and nincty-four, relating to reciprocal trackage arrange- ments by the Metropolitan and other railroad companies. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 263 be, and the same is hereby amended by adding the follow- , . , ., ing thereto: Provided, That any suburban street railroad ^/^^J\,*f3^^S company in the District of Colmnbia intersecting or con-overurbanroe^-. necting with any urban street railroad may have such reasonable number of its trail cars drawn by such urban railroad company, over the route of such urban railroad for the transportation of through passengers, as shall not, in the judgment of the supreme court of the District of Columbia, be to the undue detriment of such urban railroad company. The schedule, kind, and number of cars to be drawn, com- pensation therefor, and all other matters relating thereto in the event of said railroad companies being unable to agree between themselves shall, from time to time, on peti- tion of either railroad company, be* decided by said supreme court: Provided furthe)\ That in no event shall any rail- faS: road company be entitled under said law providing for trackage arrangements or under the provisions of this Act to collect fares except from such passengers as board the cars upon their own line: Provided further. That this pro- ^^^^^^^^ ^^ vision shall not be construed to aifect rights heretofore or contracts, acquired either by contract or under any order of court made under authority of law. AN ACT To amend an act entitled "An act to incorporate the Capital May 28. 1896. Railway Company," approved March second, eighteen hundred and ninety-five. ***** Sec. 3. That the Capital Railway Company, the Metro- Free traMfera politan Railroad Companv, and the Capital traction Com- J^JfnTe ca^- pany are hereby required to issue free transfers at the point tai^R^iiw^a>;^d of intersection of their respective lines, so that for the pay- tion and Metro- ment of one fare a passenger on either road shall have theg?^^'' ^^''"^p.*' privilege of riding over the lines of both. AN ACT To amend the charter of the Metropolitan Railroad Company of the District of Columbia. * * February 26, 1895. Stats. 28, p. 682. Sec. 6. That the Brightwood Railway Company, the ^{i«^^i;ji\°^^ Rock Creek Railway Company, and the Georgetown and fer tickets Tennallytown Railroad Company be, and they are hereby, respectively, authorized and required to sell four couj)on tickets for twenty -five cents, good for one continuous ride in the District of Columbia over the lines of said compa- nies, respectively, and the lines of the Metropolitan Railroad Company, and the said suburban roads shall redeem the tickets collected by the Metropolitan Railroad Company, at the rate of two and one-half cents for each coupon ticket presented by the said Metropolitan Railroad Com- pany. Any of the aforesaid railroad companies which shall refuse to make sale of tickets or to accept tickets so sold as herein provided for, shall be liable to a fine of fifty 264 LAWS RELATING TO STREET-RAILWAY FRANCHISES. Penalty: dollai's f OP each such violation, to be recovered in the police court of the District of Columbia as other fines are recov- ered: Provided, That the proceeding for the collection of such penalty shall be commenced within thirty days from the date of the alleged refusal. The supreme court of the District of Columbia shall have, and it is hereby given, authority and jurisdiction to enforce the requirements and provisions of this section in respect of the sale of tickets on the petition of either of the aforesaid railroad compa- nies or any citizen of the District of Columbia. And power Power of lease is hereby given to the Metropolitan Railroad Company and or sale, etc. ^^^ Ro(k Creek Railway Company to contract with each other for the purchase,, sale, lease, or joint operation of the line of said Rock Creek Railway Company on Florida avenue and U street, or any part thereof. Act to take Sec. 6. That this Act shall take effect in thirty days eflfect March ^8, j«i •- 1895. after its passage. Approved, February 26, 1895. Augnst 7, 1894. Stats. 28, p. 250. Street railways shall equip cars with fenders. Commissioners shall decide on design of fender. Companies not relieved from liability. District of Columbia appropriation act, 1895. ♦ * * ♦ * That the Commissioners of the District of Columbia be, and they are hereby, authorized and empowered to make and to enforce all reasonable regulations in respect to re- quiring street cars operated by other means than horse power in the District of Columbia to be provided with proper fenders for the protection of the lives and Umbs of all persons within the District of Columbia. Such power and authority shall extend to the adoption by the said Commissioners of any fender or fenders deemed by them to be superior to the fenders now in use as the fender or fenders which shall be used on cars operated within the said District: Provided, That nothing contained in this Act shall operate to relieve any street railway company from liability for accidents on its lines. ***** Approved, August T, 1894. August 23, 1894. I Stats. 28, p. 492. Street railway passengerstation authorized near AqueductBridge Plans to be ap- proved by Com- missioners Dis- trict of Columbia. AN ACT To amend an act entitled "An act to incorporate the Wash- ington and Great Falls Electric Railway." ***** Sec. 3. That in order to accommodate the street railway traflac that may converge at or near the Aqueduct bridge, under authority granted or to be granted by Congress, a passenger station is hereby authorized. Such station shall have ample provision for the safe, convenient, and com- fortable transfer of passengers to and from the cars of the street railways using the same. All plans for such station and its necessary approaches shall be subject to the writ- ten approval of the Commissioners of the District of Co- lumbia. The said Commissioners shall have the power to Washington and Georgetown Railroad shall construct and maintainstation. Location of sta- tion. LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 265 settle any differences which may arise between the coin- panies using the said station as to compensation or rentals or as to the necessary regulations for the control of said station. The said passenger station shall be constructed and maintained as a union passenger station, for the use of street railways only, by the Washington and Georgetown Railway Company. Said station shall be located on land already owned or hereafter to be acquired by the afore- said company, which land shall be bounded on the north by Prospect street, on the east by a line drawn not less than one hundred and twenty feet west of the west line of Thirty -fifth street, on the south by M street, and on the west by Thirty-sixth street northwest. Within one year from the approval of this Act the said Washington and Georgetown Railway Company shall complete the said station and shall extend its tracks on M street northwest to a point not less than one hundred and twenty feet west of Thirty-fifth street, and thence into said station; and thereafter the said company shall cease entirely to switch cars on M street northwest. Sec. 4. That the street railway companies mentioned in this Act, and hereafter all street raflway companies in the District of Columbia, respectivelv, shall bear all the expenses that may be incurred by the United States in making and inspecting such changes to the water mains, fixtures, or apparatus of the Washington Aqueduct as may be rendered necessary by the consj;ruction or extension of such several roads; and the Secretary of War is hereby authorized and directed to make all regulations to carry into effect the provisions of this section. ♦ ♦ * * * Approved, August 23, 1894. Washington and (Georgetown Railroad shall extend its tracks on M street. Shall notswitch cars in M street. Expense of moving water mains, etc., shall be borne by street railways. POLICE REGTTLATIONS. EXTRACT from Police Regulations of the District of Columbia, ARTICLE X. » ♦ ♦ ♦ * Sec. 15. Street cars within the District of Columbia ^^st^re^c^t^^cars shall have the right of way upon their respective tracks, ng^hto^fwa^an^ except to Vehicles of the Fire, Police, Water and Health j^ved except by Departments, and hospital ambulances, and as other- ^r^«^-mCom- wise provided; and no person shall obstruct or delay the movement thereof, at the lawful rate of speed herein- after designated: Provided, hmvever, that in cases of emer gency, and whenever the public interest or the public safety requires, the Commissioners may order a cessation of the movement of streetcarsor other public vehicles, fora reasonable period of time, upon any street or avenue in said District: Provided, furthet\ that the order for such cessa- tion of street car travel shall be given to the officers of any company operating cars upon such street or avenue; and it shall be unlawful for such street cars to resume movement kr p Penalty. Minors not al- lowed on plat- forms of certain vehicles. Motor cars to have fenders. Penalty. 266 LAWS RELATING TO STREET-RAILWAY FRANCHISES. until the expiration of the time limited in such notice; and the Major and Superintendent of Police shall clear such streets and avenues of all other vehicles for the time des- ignated in said order. Any violation of the provisions of this section shall be punished, on conviction, by a fine of not less than five nor more than forty dollars for each offense. Sec. 16. -No minor not being a passenger shall be upon the platform or steps of any railroad car drawn by steam, or of anv omnibus, street car or other vehicle drawn by horse, cable or electric power. Sec. 17. Every motor car operated in the District of Columbia shall be fully equipped with front pick-up fend- ers of the Blackistone, Claude, Tobe, or Parmenter pat- tern, and with wheel-guard fenders of the Brightwood automatic, the Blackistone, the Eldridge Snaith, the Tobe, or the Parmenter Improved pattern: Provided, That a,ny street railway company may substitute for the above any other fender or wheel-guard which may hereafter be ap- proved by the Commissioners of the District of Columbia: Provided, further^ That the details of construction of such fenders and wheel-guirds be approved by the Engineer Commissioner of the District of Columbia. Sec. 18. Any railw ay in the District of Columbia which shall operate any motor car in the District of Columbia not fully equipped with fenders herein adopted or author- ized shall be subject to a fine of twenty -five dollars a day for each and every car not so equipped, and operated by said company. Sec. 19. No motorman or conductor shall operate or have in charge any motor car in the District of Columbia that is not fully equipped with fenders of the kind herein adopted or authorized, and any motorman or conductor operating or being in charge of any such car not so equipped shall, on conviction thereof, be punished by a fine not to exceed ten dollars. Sec. 20. Every motor car operated in the District of Columbia must be so constructed or altered that a clear space of fifteen inches in height above the rails is provided between the wheel-guard and the adjacent end of the car, in order to allow the effective action of the wheel-guard. Sec. 21. Any railway company failing to comply with the requiremenst of section 20 of this article shall be sub- ject to a fine of five dollars a day for each car not so con- structed or altered, and operated by it. Sec. 22. Platforms of street cars shall be guarded by gates of a construction and operation approved by the Commissioners of the District of Columbia, and any com- pan}- failing to comply with the provisions of this section shall be fined not more than forty dollars. Sec. 23. The fenders must be kept in thorough working order and in good repair when in use. Any railway com- pany failing to comply with this provision shall be subject to a fine of twenty (follars a day for each and every offense. LAWS RELATING TO STREET-RAILWAY FRANCHISES. 267 street Motor cars to be constructed so as to allow the effective action of wheel guard. Penalty. Platform^ and cars in trains shall be guarded by gates. Penalty. Fenders to be kept in working order. Penalty. Sec 24 No streetcar shall move at a greater rate of ^^^l^i^ted. speed 'than twelve miles an hour in the city of Washmg- ton, nor at a greater rate of speed than fifteen miles an hour outside of said city: Provided, That this regulation shall not be construed as implying a right m any street railroad company to operate its cars at a rate ot speed m excess of that fixed by its charter. Street cars shall not exceed a rate of speed greater than six miles an hour at street crossings. When it is necessary for street cars to stop at street crossings they shall stop on the near siae^^^^ side of thereof; the front end of the car or tram to rest on a line street, with the curb on the near side of the intersecting street, except where, in the opinion of the Commissioners, the mechanical appliances make it impracticable U) do so: Provided, That in cases where stops are now allowed on both sides of a crossing, such stops may be continued it the railroad companies so desire and that sti^et cars run- ninff alonff the parking through the middle of Pennsylvania pe^^^JyYvania avenue east of the Capitol, sliall be permitted to stop onav^enue south- the far side of the crossings of intersecting streets insteaxl of the near side of such crossings. , ^ ^ _ *«.... «,« Street cars shall stop on the signal of the fire apparatus ^^sto^s^^or tire bell before crossing at intersection of streets whene\'er a fire company is about to cross the tracks on which they are running, and whenever any fire apparatus is approach- ing on or across a route on which a street car is moving, and in sight of the motorman or the conductor of such car; also before crossing at the intersection of the common runs of the Fire Department. , , ^ , ^ ^u .of On G Street Z^7^6— Second and G streets northwest, Third and G streets northwest, Sixth and G streets north- west, Tenth and G streets northwest. Twelfth and G streets northwest. Thirteenth and G streets northwest, North Cap- itol and C streets northeast. -, i^ 4. i. On F Street Xm^— Connecticut avenue and K street northwest, Connecticut avenue and M street northwest, Fifth and E streets northwest. Sixth and F streets north- west. Tenth and F streets northwest, Twelfth and F streete northwest, Thirteenth and F streets northwest. Twentieth and P streets northwest. j tt 4^ ^ On H Street Zine—^ew Jersey avenue ajid H street northwest. Second and H streets northwest, Third and U streets northwest. j t^ i. i. On Fourteenth Street Z^W— Fourteenth and K streets northwest. Fourteenth and R streets northwest. On Seventh Street Line—Seventh and D streets north- west, Seventh and E streets northwest. Seventh and 1 streets northwest, Seventh and M streets northwest, Sev- enth and R streets northwest. ^i, * On Ninth Street Zm^-Ninth and D streets northwest. Ninth and E streets northwest, Ninth and I streets north- west. Ninth and M streets northwest. Ninth and R streets northwest. w ;itfit*ti stops must be made for passen- gers. 268 LAWS RELATING TO STREET-RAILWAY FRANCHISES. On Eleventh Street Line — Eleventh and M streets north- west. Eleventh and R streets northwest, Eleventh and I streets northwest. On Fourth Street Line — Fourth and M streets north- west, New Jersey avenue and P street northwest. On Pennsylvania Avenue Line — Fifth and Pennsylvania avenue southeast. Eighth and Pennsylvania avenue south- east, First and B streets southeast, New Jersey avenue and B street southeast. On E Street Line — Tenth and E streets northwest, Twelfth and E streets northwest, Fourteenth and D streets northwest. No motorman or conductor shall refuse to stop to take up a passenger, unless all the seats in the car or train are occupied. Sec. 25. Wherever street railroads cross each other, all cars or trains bound north or south shall have the right of way over trains or cars bound east or west, and all raotor- men, shall on approaching intersecting crossings stop their cars or trains and see that the way is clear before crossing: Provided^ That the provisions as to the right of way shall not apply where branches of the same street railway cross each other: Provided further^ That the cars and trains of the Capital Traction Company shall have the right of way at the intersection of Thirty-second and M streets northwest. Sec. 26. Flagmen shall be stationed at the crossings of all rapid transit street car lines, when in the judgment of the Commissioners of the District of Columbia the public safety requires the same. And from and after the direc- tion of the Commissioners to any street railway company to station a flagman at any such crossing, it shall be unlaw- ful for any motorman to run or operate any motor car over such crossing in the absence of a flagman. No street car shall stand upon a street or avenue for a longer period than five minutes unless the way be ob- structed, nor stop so as to obstruct a street crossing or intersecting street; and no street car shall follow a pre- ceding car moving in the same direction at a less interval than one hundred feet, unless coupled thereto. Every street car in motion after sundown shall have two lights, one displayed at each end thereof. Sec. 27. Steam railway trains or engines shall not move within the city limits at a greater rate of speed than twelve miles an hour. Motormen of street cars before crossing the tracks of a steam railroad shall bring their cars to a full stop, and not start them again until so directed by the conductor, who shall be satisfied by personal observation that the tracks may be crossed by the car with safety. . LAWS RELATING TO STREET-RAILWAY FRANCHISES. 269 At intersecting street-car cross- ings, north and south bound cars to have right of way, and cars must be stopped before crossing intersecting track. Flagman at street-car cross- ings. Cars not to stop more than 6 minutes nor ob- struct crossing. Lights. Street cars to come to full stop before crossing steam railroad tracks. intermediate to the stable or stand of such vehicle or ^^^^^^^^^^, operate such vehicle over a route sumciently aennite w^^ along routes enable the public to ascertain the streets and avenues onm^^^e --ner which such vehicle can be found en route, without a duly issued license therefor, and no such license shall be issued without the approval of the Commissioners of the District of Columbia. Such vehicles shall be so operated as not to affect the health, comfort or quiet of any person beyond that occasioned by ordinary vehicle traffic. The violation of any of the provisions of this section shall constitute a ground for the revocation of such license, as well as sub- feet the offending person or corporation to the penalty provided in section thirty-four of this article. All public vehicles for the transportation of passengers, traveling between sunset and sunrise shall display lighted lamps so placed ^s to be visible from the front and both sides thereot. * * » ♦ ♦ Sec. 33. No person shall expectorate or spit in or upon ^spitting ^in any paved sidewalk or footpath in the District of Colum- hibited. bia, or on any part of any street railway car or other pub- lic vehicle carrving passengers for hire, or in or upon any part of any public building under the control of the Com- missioners of the District of Columbia. Street railway companies, and the proprietors of other public vehicles carrying passengers for hire, shall keep posted conspicu- ously in each and every one of their cars and public vehicles notice forbidding such expectorating or spitting. District of Columbia appropriation act, approved August 7, 1894. Aug. 7, 1894. And hereafter one-half the cost of the maintenance and ^^8^^^*^^^^^^^^ repair of anv bridge across Rock Creek occupied by thepay.haif^cost^o^ tracks of a street railwav or railways shall be borne by bridges across the said railway company or companies, and shall be col- J^^/{f/ thSr lected in the same manner as the cost of laying pavemente tracks, between the rails and tracks of street railways as provided for in section five of "An Act providing a permanent forna of government for the District of Columbia," approved June eleventh, eighteen hundred and seventy-eight. The amounts thus collected shall be deposited to the credit of the appropriation for the fiscal year in which they are collected. Sec. 29. No person or corporation shall operate any public vehicle for hire or for the transportation of passen- gers in the District of Columbia with sufficient regularity to enable the public to take passage therein at any point Extracts from Public— No. 218, approved July 1, 1902. Provided, That street railroad companies shall continue Taxation, to pay the four per centum per annum on their gross receipts and other taxes as provided by existing law, and 270 LAWS EELATING TO STREET-RAILWAY FRANCHISES. insurance companies shall continue to pay the one and one-half per centum on premium receipts, as provided by section six hundred and fifty of the Code of the District of Columbia. That so much of the Act approved October first, eighteen hundred and ninety, entitled "An Act to provide for the incorporation of trust, loan, mortgage, and certain other corporations within the District of Co lumbia " as is inconsistent with the provisions of this section is hereby repealed. Public No. 218, approved July 1, 1902. Highway HiGHWAY BRIDGE ACROSS POTOMAC RiVER: SectioH pjtomacmver.'tvvelve of the ''Act to provide for eliminating certain elevate its tracks, and to enable it to relocate parts of its railroad therein, and for other purposes," approved February twelfth, nineteen hundred and one, is hereby amended by striking out therefrom the words "two years " and inserting in lieu thereof the words "four years," and the limit of cost for the bridge across the Potomac River therein provided for of five hundred and sixty-eight thousand dollars is hereby increased to nine hundred and ninety-six thousand dollars. And the Secretary of War is authorized to enter into a contract or contracts for the construction of said bridge within the said limit of cost. Maintenance. The cost of maintaining in good condition the asphalt paving between the street railway tracks and two feet outside thereof on said bridge shall be paid by the street railway company or companies using the same under such regulations as the Commissioners of the District of Co- Aii street rail- lumbia shall prescribe: Provided, That all street railroads ,ads may cross ^ij^rtered or that may hereafter be chartered by Congress shall have the right to cross said bridge upon terms mutu- ally agreed upon with the Washington, Alexandria and Mount Vernon Railway Company or in case of disagree- ment, 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. roads bridge Underground system. Extract from deficiency act, approved March 3, 1899. That in the District of Columbia any street railroad company operating its cars in part over the tracks of another company along a route authorized by Congress shall be allowed until October 1, 1899, in which to install an underground electric system, and pending such a change shall preserve all rights now granted by its charter. Motive power. LAWS* RELATING TO 8TREET-EAILWAY FRANCHISES. 271 * AN ACT To compel street railway companies in the District of Colimi- June 25. 1898. bia to remove abandoned tracks, and for other purposes. « Be it enacted hy the Sermte and Home of ReprfmtaUves of the United States of A^nsrica in Concjress assembled. That ^^^*«««««<^ hereafter whenever the track or tracks or any part thereof of any street railway company in the District of Colum- bia shall not have been regularly operated for railway purposes upon a schedule approved by the Commission- ers tor a period of three months, the Commissioners of said District, in their discretion, may thereupon notify such company to remove said unused tracks and to place the street in good condition; and if such conipany shall neglect or refuse to remove said tracks and place the street in good condition within sixty days after such notice, the directors of said company shall be deemed guilty of a nais- demeanor and shall be liable to a tine of ten dollars for P^^^ty. each and every day during which said tracks are permitted to remain upon the street or streets or said roadway shall remain out of repair, which fine shall be recovered in the police court of said District, in the name of said District, as other fines and penalties are now recovered in said court. Sec. 2. That on and after one year from the passage of this Act it shall be unlawful for any street railway com- pany operating its system or parts of its system over any portion of the underground electric lines owned and operated by another street railway company in the city of Washington to continue such operation or to enter into reciprocal trackage relations with any other company, as provided for under existing law, unless its motive power for the propulsion of its cars shall be the same as that of the company whose tracks are used or to be used. For every violation of this Act the company violating it shall be subject to a fine of ten dollars for every car operated in violation of the provisions of this Act, said fine to be collected and applied in the same manner as is provided by existing laws in respect of other fines in the District of Columbia. . Sec. 3. That all street railway companies within tbe District of Columbia now operating their systems or parts of their systems in the city of Washington by use of the tracks of one or more of such companies, under a recipro- cal trackage agreement, as provided for under existing law, which shall be compelled by reason of the passage of this Act to discontinue the use of the tracks of another company, shall issue free transfers to their patrons from one system to the other at such junctions of their respec- tive lines as may be provided for by the Commissioners of the District of Columbia. , . ^ -^.u Sec. 4. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, June 25, 1898. U ' Free transfers. aBeplaced by sections 710, 711, and 712 of Code following. 272 LAWS EELATING TO STREET-RAILWAY FRANCHISES. District of Columbia appropriation act approved July 18, 1888. (25 Stats., 323.) wS^ ^^*'^®*^ "^^^ Commissioners of the District of Columbia shall ^' not, after the fifteenth day of September, eighteen hun- dred and eighty-eight, permit or authorize any additional telegraph, telephone, electric lighting or other wires to be erected or maintained on or over any of the streets or avenues of the city of Washington. ♦ ♦ * From District appropriation act approved July 14, 1892. lawsTo^D^riJt Thk whoever, not being a Senator or Representative of Columbia, in Congre'ss, intends to present to Congress a bill for an Act of incorporation, or for an alteration or extension of the charter of a corporation in the District of Columbia, Notice of in- or of any special privileges in said District, shall give no- fMchiteV"; ^"^ tice of such intention by publishing a copy of the bill at least once a week for four successive weeks, in a news- paper published in the District of Columbia, the last of said publications to be made at least fourteen days prior to the presentation of such bill. Such newspaper shall be designated by the person proposing the bill and approved by the Commissioners of the District of Columbia. Extract from Code of Laws for the District of Columbia. Subchapter Nine. STREET RAILWAYS. (From the Code.) Abandoned tracks. Sec. 710. Removal of disused tracks. — Whenever the track or tracks, or any part thereof, of any street rail- way company in the District of Columbia shall not have been regularly operated for railway purposes upon a schedule as required by its charter for a period of three months, the Commissioners of said District, in their dis- cretion, may thereupon notify such company to remove said unused tracks and to place the street in good condi- tion; and if such company shall neglect or refuse to re- move said tracks and place the streets in good condition within sixty days after such notice, the said company shall be deemed guilty of a misdemeanor and shall be liable to a fine of ten dollars for each and everj^ day during which said tracks are permitted to remain upon the street or streets, or said roadway shall remain out of repair, which fine shall be recovered in the police court of said District, in the name of said District, as other fines and penalties are now recovered in said court. Motive power. Sec. 711. UsiNG OTHER COMPANY'S LINES. — It shall be unlawful for any street railway company operating its system or parts of its system over any portion of the LAWS RELATING TO STREET-RAILWAY FRANCHISES. underground electric lines owned and operated by another street railway company in the city of Washington to con- tinue such operation, or to enter into reciprocal trackage re- lations with any other company, as provided for under ex- isting law, unless its motive power for the propulsion of its cars shall be the same as that of. the compan}^ whose tracks are used or to be used. For every violation of this sub- chapter the company A^iolating it shall be subject to a fine of ten dollars for every car operated in violation of the provisions of this subchapter, said fine to be collected and applied in the same manner as is provided by the preced- ing section. Sec. 712. Free transfers. — All street railway com- panies within the District of Columbia now operating their systems, or parts of their sj^stems, in the city of Washing- ton by use of the tracks of one or more of such companies, under a reciprocal trackage agreement, as provided for under existing law, which shall be compelled to discontinue the use of the tracks of another compan}^ shall issue free transfers to their patrons from one system to another at such junctions of their respective lines as may be provided for by the Commissioners of the District of Columbia. 273 Free transfers. Sec. 846. Malicious injury.— Whoever maliciously ^„^,^„^*^"<*°* 1 1 • t 1 i> ^ tracKs. places an obstruction on or near the track or any steam or street railway, or displaces or injures anything appertain- ing to such track, with intent to endanger the passage of any locomotive or car, shall be imprisoned for not more than ten years. (In effect January 2, 1902.) AN ACT For the relocation of certain tracks of street railways in the District of Columbia. Be it enacted hy the Senate and House of Representatives of the United Staies of America in Congress assemhled^ That whenever the Bunker Hill road or Wisconsin avenue is B»nker hiii improved by the Commissioners of the District of Colum- S%4nue. ^**°*'" bia, the said Commissioners are authorized to permit the street railroad tracks upon said highways to be located in the middle of the roadway, should such location be con- sidered for the best interests of the public. Approved, March 1, 1901. 16400—05- -18 INDEX. (See Preface.) Note.— Index is by pages and by sections of charter. Advertising for proposed charters, etc. Anacostia and Potomac River Railroad Company : Act approving and sanctioning route— 1876.'.'.*.'.'!;.'.*.' 1888 1890 1892 .'.'.'.".'I!.'.*.'.".'.'.';.'.* Act requiring certain extensions^ 1900 1902 -'.".".'.'.*-".*.".*.*.'.*.".*.".*.'.' Anacostia Bridge — Additional tracks Removal of tracks .'.'.'.'..[.. Use of .'.[...[ Annual report to Congress .'.......['.'.,'..[ Bridge, Anacostia — Additional tracks Removal of tracks '.'.'.'.'.'. Bridge, Navy-Yard, use of .....'. B street NE. , First to Second, extension'of track 5im Jn^^?^^ Company, items affecting. {See Capital* Tiiction Cars to be of best construction Congressional Cemetery extension..!.*!! Contracts, may enter into ! With Anacostia, Surratts vilie an'd Bmndy wii*e'El^tric"Rw y " * ±.leventn extension to Lydecker avenue ' ' Extensions — To Congressional Cemetery German Orphan Asylum ! Government Hospital for Insane ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! Plans to be approved Uniontown, east of D street NW.,Twelfth't*o"Fi'ftee*nth!!!! First street NE., E to B streets . . Fifteenth street N W. , D to Pennsvl'vania *a"v*enne E?e"veiX Y^"^^^ ^^*' '^'^^^^^^ ^ Pennsylvania'ave'nue!!! Fare — Rate of, on extension east of Uniontown Reduction of Tickets, exchange of First street NE., E to B streets, extensio'n Fifteenth street N W D to Pennsylvania avenuei exte'nsi'o'n * " * * Irerman Orphan Asylum, extension Government Hospital for Insane ]U>uisiana avenue N W , Twelfth to Pennsylvania 'avenue! !"!""' Metropolitan Railroad, switch on old Sixteenth street Navy-yard bndge, use of " Pavements, restoring !!!!!!!!!! { Page. Section. 272 3 4 5 7 8 9 10 6 2 5 4 3 7 . 7 6 2 5 4 3 9 2 6 6 6 1 241 2 14 2 10 1 6 1 6 2 6 3 10 5 11 3 4 3 4 2 9 2 4 2 5 2 213 1 4 3 7 7 9 3 9 2 4 2 6 2 6 3 5 2 10 1 4 3 4 2 275 2U INDEX. INDEX. 277 '•i, 6 3 10 4 5 9 Anacostiaand Potomac River Railroad Company — Continued. Paving l>etween and adjacent to tracks 4 Plana of extension to be approved < ^^ ( 8 Rail, pattern to be approved < g f 8 Rail to be laid at street level .A g Report to Congress annually 7 Restoring pavements 4 Routes coinciding, use of tracks < ^q Routes, control of 10 Routes, extension eastof Uniontown 4 Routes extended, control of 11 Seventh street E., between M and G streets, authority to lay tracks. 5 Sixteenth street ( old ) , Metropolitan Railroad to switch 10 Stockholders, report list of 7 Taxes, payment on personal property 7 Tickets, exchange of 9 Tracks — Additional on Anacostia Bridge Coinciding, use of < Paving adjacent to Removal from Anacostia Bridge Terms of use f 9 Use of those of other companies < g Rails to be approved 6 Uniontown, extension east of 4 Washington and Great Falls Electric Railway Company, consolida- tion authorized 241 Anacostia, Surrattsville, and Brandywine Electric Railway Company. Act authorizing (1905) 13 Annual report to Commissioners 15 Congress 16 Articles left in cars 15 (' 15 Cars, rate of speed < ^c Changes in grade < ^k Completion, time of 13 Condemnation of land 13 Contracts with Anacostia and Potomac Railway Company 14 Deposits < jg Excavations, etc., permit required 14 Fare 15 Freight 13 Forfeitures 16 f 14 Grade, changes in < ^^ Land condemnations 13 Land dedication 13 Motive power 14 Noncompletion, penalty for 16 Passenger rooms, etc » 15 Paving between and adjacent to tracks 14 r 14 Plans of construction to be approved < -.^ Plans of extension to be approved 13 Poles, telegraph and telephone 15 Real estate 15 Removal from cars 15 Right of way across other lines 16 Page. Section. Page. Section. 2 5 3 1 5 1 5 7 2 1 3 6 3 4 1 1 7 7 3 2 1 3 2 2 2 4 5 3 1 15 24 12 8 10 7 16 1 1 2 6 20 4 13 1 20 7 16 1 1 2 18 14 7 3 5 1 17 15 11 23 Anacostia, Surrattsville, and Brandywine Electric Railway Company — Continued. Route 13 Small freight ^ 13 Speed, rate of 15 Successors 16 Supervision of construction 16 Taxes 15 Time of completion 16 Timetable 15 Trackage agreement with Anacostia and Potomac Railway Company . 14 Tracks, location of 13 Violation of act, etc., penalty 16 Anacostia Bridge: Plans of Washington and Marlboro Railway Company to be approved by Secretary of War 247 Tracks, additional 6 Tracks, removal of 5 Tracks, use of 4 Washington and Marlboro Railway Company authorized to con- struct an 247 Plan of 247 Anacostia road, may be occupied by Columbia Railway Company 89 Aqueduct Bridge, act permitting rails to be laid 254 . Aqueduct lands, route across, by Washington and Great Falls Railway Company to be approved by Secretary of War 225 Arlington Reservation: Act granting right of way through 197 Route of Washington, Alexandria and Mount Vernon Railway Company to be approved by Secretary of War 197 Tracks to, to be constructed 197 Baltimore and Washington Transit Company: Act authorizing (1896) ! 17 Annual report to Commissioners 20 Bond issuance 20 Brightwood Railway junction with 17 Cars, rate of speed 21 f 17 Commencement and completion of work of construction < on Condemnation of land 17 Deposit guarantee 20 Deposits required 19 Excavations, etc., permit required 18 Fare 19 Grade changes 19 Land condemnation 17 Land dedication 18 Motive power 18 Plans of construction to be approved 18 Rails, pattern to be approved 18 Spring road, use of 17 Street widening 19 Taxes 19 Trackage arrangements with Brightwood Railway 17 Trolley, use of 18 Belt Railway Company (formerly Capitol, North Street and South Washington Railway Company): Act incorporating (1875) 23 Air motor equipment < 05 Air motor, extending time for installing 35 Annual meeting 27 r 27 Annual report < o^ Board of directors 26 1 1 10 19 21 15 18 9 2 1 22 1 2 1 1 2 1 23 23 23 1 10 11 1 14 2 12 3 13 5 5 8 / 3 3 4 5 4 1 6 9 2 4 1 I 1 1 15 15 10 13 278 INDEX. I Page. Section Belt Railway Company — Continned. Bonds — Issuance of 32 Issue limited - 33 Corporation purchasing, authorized to issue 36 By-laws to be prescribed 26 Capital stock 25 Assessment collection 26 Increase of stock or bond issue 32 Issue of bonds limited 33 Sale of 26 Subscription books 25 Subscription limited 25 Subscription payment on 25 Cars— Character of 25 Articles found in 25 Exclusion from 27 Obstruction of 27 Columbia Railway Company, act incorporating, applied 27 Completion of extension 32 Construction 24 To be approved by Commissioners 33 Time for 27 Of extension 33 Currency issue not authorized 25 Deed of sale to be recorded by purchaser 36 Electric system (underground) — Authorized 31 To be installed 36 Excavations authorized 33 Fare, rate of 34 Grade changes 24 Horsepower — To cease 31 Not to be used on extensions 31 LeDroit Park extension 32 Liability, not relieved from just 37 Motive power 23 Name of The Belt Railway Company authorized (1893) 30 Officers 26 Passenger rooms 25 Purchasers' rights, act defining 35 Route 23 Coinciding - 23 Extension of \ 28 I 29 Receiver's indebtedness to be paid 37 Stock, may increase 32 Stockholders' liability ^ 27 Stockholders, meeting of 26 Street widening, Congress may require 36 Suit, limitation of 27 Taxes -. 24 Taxes, special assessments to be paid 37 Track arrangements. Commissioners to require changes 36 Tracks may connect with company buildings 25 Tracks- Authority for double 32 Joint use of , 23 / 24 Paving adjacent "i 33 Rights to use - 28 Water street extension 28 Water street extension 28 Bennings Bridge to be constructed by Columbia Railway Company 89 6 6 1 14 8 14 6 6 14 12 12 12 9 11 18 16 20 5 3 7 17 7 7 1 1 1 8 11 5 1 1 4 5 1 13 10 1 1 1 1 1 1 2 6 19 12 1 16 2 2 1 10 4 1 4 9 2 1 4 1 INDEX. 279 Page. Section. Bennings road, joint use of tracks 91 7 Boundary and Silver Spring Railway Company (1872) : ( Absorbed by Metropolitan Railroad Company ) Act incorporating 176 1 Bridges: Anacostia Bridge, construction of, by Washington and Marlboro Electric Railway Company authorized 247 1 Anacostia Bridge plans to be approved by Secretary of War in rela- tion to Washington and Marlboro Railroad Company 247 1 Anacostia Bridge — Additional tracks authorized 6 2 Plan of 58 1 Removal of tracks 5 Use of 4 3 Aqueduct Bridge, act permitting rail to be laid on 254 1 Bennings, to be constructed by Columbia Railway Company 89 I Chain Bridge, to be lighted by Washington and Great Falls Railway Company 225 1 Connecticut Avenue Bridge over Rock Creek, to be erected by Rock Creek Railway Company 74 1 Eastern Branch Bridge to be constructed by Colimibia Railway Com- pany 89 1 Highway bridge over Potomac, street railways to have trackage . . . 270 M Street Bridge, repair of < jg Pennsylvania Avenue Bridge, East Washington Heights Traction Company may cross 109 1 Potomac River at Three Sisters, Washington and Arlington author- ized to construct 201 1 Rock Creek, half cost and maintenance over, to be borne by railway companies 269 Washington Aqueduct Bridge over Rock Creek, removal of tracks from 65 Brightwood Railway Company (1888): Act incorporating 39 1 Annual meeting 43 16 Annual report 40 2 Baltimore and Washington Transit Company — Junction with 17 1 Trackage arrangements — 17 2 Bonds — May issue 45 3 Limit of issue 46 3 Use of proceeds 45 3 Branch lines authorized 45 1 By-laws, to be prescribed 43 15 Capital stock 41 9 Cars, character of 42 10 Cars — Articles found in ." 42 12 To be new 45 2 Schedule of running 44 2 Schedule of running to be filed with Commissioners 42 10 Speed of 41 7 f 41 8 Commencement and completion of construction - 44 2 I 45 2 Government and direction of company 43 14 Construction of 40 3 Contracts, may enter into 241 1 Crossings, right of way at 43 18 Depots and passenger rooms 42 11 District line extension 44 2 Excavations authorized 40 6 Fare, rate of < ^ g 16400—05 19 n 280 V" INDEX. Brightwood Railway Company-Continued. ^^^^ ^^^^^^'"^ Grade changes .- .. Kenyon street route T? , Act requiring trolley abandoned ^ ^ Kenyon street extension, authorizing bond issue ^ ^ Land, condemnation of ^J f; Land for roadway and buildings ^ ^ Marshall street route t? i Act requiring trolley abandoned --..- ^ J Marshall street extension, authority to issue bonds 40 a Metropolitan Railroad, coupon tickets to issue 47 a Motive power ^^ ^ On other tracks ^ t Charter amended relative to || ^^ Organization vv'-l 42 11 Passenger rooms and depots - *r . Penalty of forfeiture for failure to comply *o * Power house to be erected and maintained «A o Right of way at crossings ™ f° Roadway, free use of Tj ^i Route extended - - - - — t? ^ Richmond, Marshall, and Kenyon streets 40 i Stock — * 41 ft Failure to pay assessments j| J Paymentsfor r *^ „ Payments at time of subscribing ^^ |^ Payments to be paid in money J^ j^ Stockholders, meeting of T^ ^ Takoma Park extension |? 2 "^^^ r 39 1 Tracks coinciding \ 46 4 Tracks coinciding, repairs to ^ J Tracks coinciding, terms of use ^ * Tracks, compensation for use ^ J Tracks, paving adjacent to |JJ * Tracks, repairs to Ti „ Tickets, coupon *' 2 To be sold Washington and Great Falls Railway Company, may consolidate WashingtonrWoodVide' and 'Forest Glen Railway Company, au- thority to use tracks of -^ | Wires to be underground J^ J Wires overhead authorized .----:-,Vi 97q Bunker Hill road, tracks to be laid on, in middle ^^^ Canal road, wall to be constructed - - - - Capitol, North O Street and South Washington Railway Company. {Ue Belt Railway Company. ) Capital Railway Company (1895): ^ Act incorporating _ . 2i Annual report ^^ ^g Annual meeting - _„ 17 By-laws to be prescribed ^^ Capital stock — c - ^g Howtobepaid ^* ^g ^ Limited ;;::::; 52 13 Oars - - KA 20 Cars, articles found in -- 25 Cars, ejection from ^g 14 Cars, speed of co 10 Cars, scheduleof running ^| ^^ Commencement and completion of construction | 55 27 Completion of construction and installing electric system, time ex- ^^ ^ tended 241 1 Contracts, may enter into ^^ ^ Construction INDEX. Capital Railway Company — Continued. Pa«e. Crossings 51 Right of way 55 Damage to pipes by electrolysis 51 Deposits to be made 56 Deposits for water mains 51 Electrolysis damaging pipes 51 Excavations authorized 50 Fare, rate of 55 Ferry (repealed ) > 49 Ferry slips and ferry 51 Grade, changes of 50 Land, condemnation of 56 Lights to be maintained along line 50 Motive power < g^ Navy-yard Bridge — Double overhead trolley system 58 OflBcers 53 Organization of company 53 Passenger houses 52 Passengers, parcels, milk, and truck, authority to carry 49 Pipes damaged by electrolysis 51 Power houses, etc r--- 51 Right of way at crossings 55 Roadwav, free use of 55 Route .- 49 Route, amended 56 Route coinciding 51 Route coinciding, terms and manner of use 51 Route along country roads 50 Route, branch to Shepherd's landing 57 Snow and ice, removal of 52 Stock, percentage of subscriptions to be paid 53 Stock, sale of, in case of default 54 Stockholders to meet 53 Street widening 49 Taxes 55 Transfers, free to Capital Traction Company and Metropolitan Rail- road Company 57 Tracks — Double in city .'. .' 57 Authority to lay 49 Location to be approved by Commissioners 56 Paving adjacent to 50 Use of 52 Water mains, deposit for 51 Capital Traction Company (formerly Washington and Georgetown Rail-^ way Company). (See Washington and Georgetown Railway Company 281 Section. 12 24 12 28 9 12 8 22 1 12 7 26 6 12 2 1 16 15 13 1 12 10 24 23 1 1 12 12 3 4 14 15 19 15 2 21 1 1 28 5 14 9 also) Authority for formation B street NE. , First to Second, extend track 80 C street NE. , First and Delaware avenue, extend tracks C street NW., First and New Jersey avenue, removal of tracks Chevy Chase Land Company, may connect with Contracts authorized, to contract with or lease connecting lines East Washington Heights Traction Company, free transfers to be issued Eckington and Soldiers' Home Railway Company, may arrange for trackage and power F street NW., extension from Seventeenth to Twenty-sixth streets. Fare, rate of Fourteenth street extension G street NW., Seventeenth to Twenty-fifth, extension G street N W., Twenty-fifth to Twenty-sixth, extension M Street Bridge, repair of Pennsylvania avenue, paving of 59 1 80 80 81 77 78 107 19 78 3 80 69 63 80 80 67 79 64 282 HTDEX. i Page. Section. Capital Traction Company— Continued. ai 19 Roadway, use of, by United States Government oi ^^ Bock Creek Bridge, to build '* ^ Rock Creek Railway— 7Q l May change name to '^ ^ Route, extensions required ^^ . Seventh street extension - ?^ J Seventeenth street N W. , F to G streets, extension »o 1 Seventeenth street NW. , G to Pennsylvania avenue, extension .... 80 1 Square 686, construct tracks adjacent ^ ^ Tickets, coupon from Brightwood Railway Company 4 / a Transfers — ^ -- ^ Free to Capital Railway Company | 263 3 Free to East Washington Heights Traction Company 107 19 Coupon, shall sell to Metropolitan Railroad Company at U street line ^^ "^ Tracks n Removal from Capitol grounds --. ^ ^^ Extension authorized on Pennsylvania avenue bE »u a Paving adjacent to -. ----.- ^ f Twenty-fifth street NW. , G to Pennsylvania avenue, extension .... 80 i Twenty-sixth street NW., F to Pennsylvania avenue, extension. . . 80 i Union transfer station at Aqueduct Bridge, to build 68 6 Washington and Georgetown Railroad deemed real estate bO ^ Capitol grounds, removal of tracks required - • - 64 i^ Capitol, North O Street and South Washington Railway Company {see Belt Rail way Company) ^^ ^ Annual meeting 27 15 Annual report ^q \ Act incorporating - ^^ .j- By-laws ii ^| Completion, time for ^ ^ Completion, time of extension for | 30 3 Cars nrj -tn Exclusion from *' J" Obstruction of ^' \^ Construction, time for ; ^' ^' Cook, John F., collector, payment of judgment........ ^0 Columbia Railway Company, act incorporating, applied ^7 zu Directors (^ ^^ Extension of line ^' J Fare to Bureau of Engraving and Pnnting ^o o Fare, 2-cent, repealed ^ ^ Judgments, payment of ^ Ninth street NW., no new tracks ^^ ^ Officers ^l ^^ Ohio avenue, may remove tracks ^^ ^ Route- o- ^ Extension of zi f- Extension of, etc | 29 1 Stockholders' liability .* 27 19 Suit, limitation of ^J lb The Belt Railway Company, change of name to oO Tracks— 23 1 Coinciding | 28 2 Use of Metropolitan Railway Company, authorized 29 2 No new on Ninth Street NW 29 2 Ohio avenue, may remove from ' 28 1 South of Pennsylvania avenue, use of 28 4 Certificates of indebtedness may be issued 258 Not paid, property may be sold - -9| For cost ...«.....•..-..••--•....••----••••••**"""*-** *«''o Chain Bridgerto be 'lighted by Washington and Great Falls Railroad Company 225 1 INDEX. 283 Page. Section. Charters, proposed and amendments to be advertised for 272 Chevy Chase Land Company, Capital Traction Company may connect with 77 1 City and Suburban Railway of Washington: Authority to change name 130 9 Contracts, may enter into 241 1 Washington and Great Falls Railway Company, may consolidate . . 241 1 Code of laws, extract from, relative to street railways 272 Columbia Railway Company (1870): Act incorporating 83 1 Anacostia road from Watts Creek 89 2 Time for completion 89 2 Extending time for constructing 213 2 Annual meeting 87 16 Annual report 87 16 Bennings road, extension authorized on 88 1 Bonds, authority to issue 90 6 Bridge over Eastern Branch to be constructed 89 1 Bridge causeway, authorized to construct 89 1 By-laws to be prescribed 86 16 Capital stock 85 9 ( HS\ 1 ^ Forfeiture of subscriptions to < og j^ Transferable 85 9 Cars 85 10 Articles found in 85 12 Exclusion from 87 20 License for 84 3 Columbia Turnpike Road Company, road may be extended along property of 83 2 Completion of construction 87 19 Construction 84 4 Contracts may be made with connecting or intercepting lines 91 7 Contracts, may enter into 241 1 Directors 85 13 Extension eastward authorized 88 1 Fare, rate of 83 1 Fare on extensions 89 3 Grades, may change street 84 6 Land — Authority to acquire 90 6 Authority to lease 85 11 Condemnation of 90 5 Motive power < g^ o Notes, etc., not to be issued as currency 85 8 Officers 86 14 Passenger rooms 85 11 Power houses, etc 90 5 Railway construction not to be hindered 87 17 Railway not to be obstructed 89 4 Roadway, obstruction of 87 18 Route 83 1 Stockholders — Individual liability 88 21 Meeting 85 13 , Taxation 84 3 Tracks, connecting , 85 11 Tracks, gauge of 84 4 Tracks, paving of, adjacent to 84 5 Trolleys, overhead, authorized east of Fifteenth street E 89 1 Washington and Great Falls Railway Company may consolidate . . 241 1 Conduit road — Railway to run parallel to 222 1 Conduits for railway purposes 128 2 Corporations, publication of notice of intent required 272 284 INDEX. ^^ . Page. Section. Crossings— ^ „„j, „^ Flagmen to be stationed ^^ ^^ Policemen, authority for ---.----- CJolumbia and Maryland Railway Company, authority relative to pur- chase and lease of property by Eckington and Soldiers' Home Railroad Company V ' " " V * " i " j Columbia Turnpike Road Company, Columbia Railway may be extended along property of ;..... °^ J Connecticut avenue, opening of y ••■•,• ; " : ■ " " v' V V * Connecticut avenue and Park Railway Company (1868) (absorbed by Metropolitan Railroad Company) , act incorporating 169 Coupon transfer tickets to be sold by certain suburban roads ^o6 & District of Columbia Suburban Railway Company (1892), act incorpo- rating... ^ ,Q Annual meeting ^Vr ^^ Annual report \ lOO 19 By-laws to be prescribed ^^ ]^ Capital stock ^ \^ Subscriptions to ^^ ^^ Articles found in ^ J^ Exclusion from ^"^ f^ Nature of -' ^q \1 Schedule of running ^^ |J Speed of II }? Commencement and completion of construction »» J ^ Consolidation can not be made with other roads 99 1 ^ Construction of ^^ ° Crossings, right of way at ^^ ^ Deposits for changing pipes, etc ^^ » Directors, board of ^^ ^4 Fare, rates of ^^ ^ Grades, street to be changed V^ ' Land, authority to acquire ^^^ ^^ Motive power ^ Z Passenger rooms ^ ^^ Powerhouses ^^ ^ Rails to be approved ^ ^ Roadway crossings -- JjJJ ^t. Roadway obstructions ^V^ ^^ Routes ^ \ Approval by Commissioners ^ | Countryroads ^ I Stockholders' meeting ^ ^^ Taxes ^^^ ^ Tracks— „> „ Coinciding ^^ ^ Coinciding, terms for use ^2 a Paving of ^ ^ Track space, paving ^' ^ Water mains, etc, care for ^* ° Wires to be underground in city ^^ ^ East Washington Heights Traction Railroad Company (1898) : Act incorporating |j^^ ^ By-laws to be prescribed ^^^ ^^ Articles found in ^^ Jo Exclusion from |^( ff Speed of, etc J^^ 11 Commencement and completion of construction \ 108 26 / 109 Completion of, act extending time ^ no Construction to be approved j^^ 3 Corporators to meet }r^^ ^f Crossings, right of way at ^"' INDEX. 285 East Washington Heights Traction Railroad Company— Continued. Pa«e. Section. Directors 105 13 Fare, rates of 1^7 19 Forfeiture, for failure to comply with conditions 108 27 Grades, street may be altered lOS 5 Land, condemnation of 107 23 Passenger rooms, etc 104 10 Pennsylvania Avenue Bridge, may cross 109 1 Plans of construction to be approved 108 24 Power and engine houses 103 7 Roadway, not to be obstructed 107 20 Route of ^ 102 1 Route amended 109 1 Route on country roads. ^ 102 2 Route, extension of -- 109 1 Sale or lease may be made HO 1 Snow and ice, authority to remove 104 11 Stockholders, meeting of 106 15 Taxes to be paid 106 18 Track space to be paved 102 4 Tracks coinciding, to be used in common 104 9 Tracks, authority to lay, across Pennsylvania Avenue Bridge 109 1 Transfers to be issued free with the Capital Traction Company 107 19 Washington and Marlboro Railroad Company, right to use tracks. . 109 2 Wires, overhead, permitted 103 9 Eckington and Soldiers' Home Railway Company (1888): Act incorporating HI 1 Air-motor equipment 122 1 Extending time for installing 126 1 Annual report HI 2 Annual meeting 115 16 Assignment or sale, not authorized except 116 19 Bonds — Increase of, authorized 128 3 Issuance of, authorized -- 123 3 Issue of, in connection with Maryland and Washington Rail- way Company 129 4 Limiting issue of 123 3 Bunker Hill road, tracks on private ground 118 1 By-laws to be prescribed 115 15 Capital stock 113 9 f 117 3 Increase of, authorized | nj 4 Issue authorized in connection with Maryland and Washington Railway Company 129 4 Cars 114 10 Articles found in 114 12 Exclusion from 116 19 Speed of ". 113 7 City and Suburban Railway of Washington, authority to change name to - 130 9 Columbia and Maryland Railway Company, authority to purchase or lease property of 127 1 f 113 8 Commencement and completion of work of construction < jjy 4 Time extended 120 2 C and D streets NE. , tracks not required until improvements made. . 120 1 Conduits, authority of Commissioners to issue permits 128 2 Conduits, cables or electrical conductors to be used for propelling cars only 128 2 Conduits, relative to use on line of Maryland and Washington Rail- way Company 128 2 Construction 112 6 To be approved by Commissioners \ ^25 7 Crossings, right of way at - 116 18 Deposit required — -- \ ^29 6 286 INDEX. Page. Section. Eckington and Soldiers' Home Railway Company— Continued. Deposit required to guarantee equipment of Maryland and Wash- ington Railway Company route - 129 Directors 11^ Eighth street NE. extension 123 Electric system — Underground, authorized 12o Substitution if air motor fails 122 Equipment, charter amended relative to ^ 127 Fare, rates of. 127 117 126 First street route abolished 117 Grade, changes of 112 Horse power allowed llj Horse power to cease within six months 1^ Horse power not to be used on extensions 122 Motive power, horse power, repealed 119 Maryland and Washington Railway Company, liability of, contin- ued to 130 LiabiHty, not relieved of any 130 Lincoln avenue, removal of tracks 119 Motive power H^ Maryland and Washington Railway Company- Equipment of lines in city 127 Condem nation proceedings continued in force 127 Authority relative to property of 127 Act amending charter and authorizing purchase of 127 North Capitol Branch- To be operated 122 To be completed after improvement of street 117 Overhead wires, authority to use 117 Organization JJ^ Passenger rooms, etc Jl^ Penalty for failure to comply with provisions of act 127 Rails, to be approved 112 Roadways, free use of JJ^ llo Route- llg Amended |^° Branches Ill Coinciding 11^ Change of ^Yq I llo I 120 Extension of j 12I ( 128 Extension authorized to Thirteenth street NE 120 Of Maryland and Washington Railway 127 Completion 127 Stock, increase of 129 Taxes 112 Taxes and assessments to be paid before permits issued 128 Taxes to be paid *.-:-- v ' ; Taxes to be paid on Washington and Maryland division before per- mits issue 128 Tracks Abandoned, to be removed and single track to be located sub- ject to approval 128 Paving adjacent to JJ* Joint use with Rock Creek Railway Company 117. Water mains, etc., to be protected 119 Wires— Overhead, use extended to 1895 |^ Overhead, use of, to cease after July 1, 1893 117 Underground, or cables 1^0 5 14 2 1 1 2 1 1 1 11 2 5 1 1 1 1 8 8 1 1 2 6 1 X 1 4 1 13 11 3 3 17 1 1 3 5 1 1 5 1 1 1 1 1 2 2 4 2 2 7 3 4 3 1 1 6 1 INDEX. 287 Page. Section. Electrolysis, damage to pipes by ............. 51 12 Falls Church and Potomac Railway Companv— use of tracks of Washing-1 ^gy 22 ton, Alexandria, and Mount Vernon Railway Company authorized..! Fares, collection of 263 Fares, ticket, sale and use universal 263 Farragut square, tracks prohibited adjacent to 257 Fenders to be provided 264 Ferries for street railways. 4^ 51 191 Flagmen shall be stationed at street crossings 268 Franklin square, tracks prohibited adjacent to 257 Foxhair road, cars of Washington and Great Falls Railway to stop 239 Georgetown and Tennallytown Railway Company: Act incorporating (1888) 133 Annual meeting 137 Annual reports 13* Bonds — Isg^e of 135 Issue limited 135 By-laws to be prescribed 136 Capital stock 135 Subscriptions 135 Subscription books 136 Cars 135 Exclusion from - 137 Speed of 134 Commencement and completion of construction 137 Conduits 133 Construction 134 Contracts, may enter into 241 Crossings, right of way at 137 Directors ■• 136 Excavations ■• 134 Fare, rate of 134 High street improvements, shall pay for 138 Motive power 133 Passenger rooms 135 Power house, etc 134 Roadway, free use of 137 Route 133 Route coinciding 133 Stockholders' meeting 136 Taxes 134 Tickets, coupon, to be sold 263 Tracks- Commissioners to locate 138 Location of 138 Paving adjacent to 134 Georgetown, Barge, Dock, Elevator and Railway Company: Act incorporating ( 1888 ) 139 Annual report { 143 Bonds, issue of 141 By-laws to be prescribed 142 Capital stock 140 Payments on 141 Cars, obstruction of 142 Completion, etc 140 Construction 140 Directors 142 Officers 142 Organization 141 Power and engine houses 140 Route 139 Route coinciding - 139 Regulations by Commissioners, of the District of Columbia 142 1 12 1 26 1 3 1 2 2 3 2 2 2 2 3 1 4 1 1 1 3 3 1 1 1 2 1 3 1 1 2 1 5 1 1 I 3 5 2 3 2 2 3 1 1 3 3 2 1 1 1 3 288 indSx. INDEX. I Georgetown Barge, Dock, Elevator and Railway Company — Cont'd. Page. Section. Stockholders- Liability of 143 4 Meeting of 142 2 Street obstructions 142 3 Taxes 143 5 Tracks, paving of space between 140 1 Warehouses, etc 139 1 Water front of streets to remain open 143 6 Great Falls and Old Dominion Railroad Company (1903): Aqueduct Bridge, authority to lay track 254 1 Cars — ^ .. r i 256 7' Operation of j 256 8 Speed of * 256 9 Commencement of construction 254 3 Deposit required 254 2 Track across Aqueduct Bridge, authority to lay 254 1 Track to be approved by Commissioners 255 4 Track, keep in repair - * 255 6 Track, use of, by other roads to be satisfied 255 5 Grooved rails, street-railway companies required to lay tracks on 258 High street, Georgetown and Tenally town Railroad Company to pay for improvements 138 Horses must be dispensed with 260 3 l^ws: General street-railway : 257 Extract from District of Columbia Code relative to railways 272 McPherson square, tracks prohibited adjacent to 257 Maryland and Washington Railway Company: Act incorporating (1892) 145 1 Annual meeting 149 19 Annual report --- 146 4 Bonds, issuance of, authorized and limited 152 2 By-laws to be prescribed 149 18 Capital stock 147 12 Payment of subscriptions 148 13 Subscriptions to 148 13 Cars — Articles found in 149 16 Ejection from - 150 22 Rateofspeed 147 10 Commencement and completion | ^55 3 Act extending time for completion \ ^gg -^ Condemnation proceedings 150 24 Rhode Island avenue NE 150 24 Extended for one year 158 6 Consolidation forbidden 149 13 Construction to be approved . ." 146 5 Corporators, meeting of 148 13 Crossings, right of way at | ^50 2I Directors of 149 17 Eckington and Soldiers Home authorized to purchase 156 1 Equipment 149 14 Excavations 147 o Excavations and trenches 147 o Fare, rate of 146 3 Incorporators' meeting 149 13 Land, authority relative to lease and purchase of property of Eck- ington and Soldiers Home Railroad Company 156 1 Motive power 145 2 Officers 149 17 Organization of company 148 13 Passenger rooms 149 15 289 Page. Section. 15 9 24 20 1 1 3 3 24 24 24 24 24 24 13 4 168 169 169 182 185 186 187 Maryland and Washington Railway Company— Continued. Passenger houses 149 Power houses - 147 Rhode Island avenue, extension of 150 Roadway, free use of 150 Route of -.-- 145 To be approved by Commissioners of the District of Columbia. 145 Extended 1 55 In city of Washington 155 Rhode Island avenue, opening of 153 Dedication of 154 Appeal from decision of court 153 Appraisers to be appointed by court 154 Awards, payment of 154 Benefits to be considered 150 Stockholders' meeting -• 148 Taxes 146 Tracks — Construction of 146 Grades of 147 Paving between 146 Space between 146 Underground constructions, damage to 152 Wires, no overhead 155 Metropolitan Railroad Company ( 1864 ) , act incorporating 161 Amendments to (1865) 167 (1865) (1867) (1869 (1894 1895 *1897 ;i900) Annual meeting 164 Annual report 166 Boundary and Silver Spring Railway Company 176 Bridge across Rock Creek at P street to be repaired By-laws to be prescribed 'I ...... . 164 Capitol grounds, tracks in, under supervision of Architect of Capitol . 187 Capital stock — Authority to issue 163 Books of subscription 163 Increased 168 Limit of subscription 163 Payment at subscribing 163 Sale in default of payment 168 Cars 163 Articles left in 163 Exclusion from 168 License for 162 Schedule of running 163 Tax for use of horse 184 Columbia road from Florida avenue to Eighteenth street extension. 186 f 165 Commencement and completion of construction { 1 69 I 168 Completion of change of route, time for 168 Condemnation proceedings, old Sixteenth street 187 Connecticut Avenue and Park Railway 169 Contracts, may enter into 241 Construction 162 Cost of 166 Crossings — Street to be kept clean 165 Penalty for not cleaning 165 Depot and stable connections 163 Deposit for extensions, old Sixteenth street 187 5 7 6 5 8 3 1 15 22 14 1 8 12 2 12 12 2 9 11 5 2 9 6 1 17 1 1 3 2 1 3 22 20 21 10 3 290 INDEX. INDEX. 291 ^ Page. Section. Metropolitan Kailroad Company, etc. —Continued. Directors |^ Ij Increase of .....------•-••----------------*••*"•**""***""** aoo * Indebtedness, question of in case of District of Columbia, referred to court of appeals - ^°^ * Equipment — i Fares— ^- „„ Sale of tickets , }^l 23 Rates of \ 167 1 1 >ljets ^^ ^ Franchise forfeited for failure to comply with conditions 260 3 Georgetown extension, authority for lo5 3 Grade changes j^f ^ Horses to be dispensed with :|o| ^ Judgment to be paid j°J Motive power J^T o Changeof r ]l] % Tobeapproved j°J * Time extended for change of j^^ J Change of authorized 1°^ 2 Time to change extended -^ J J 162 1 Municipal regulations, subject to "^ i67 l Notes, not to issue as currency r--- J^ l Officers 164 13 Passenger rooms f?J j" Roadway, free use of ™ ^^ Rock Creek Railway, joint operation loo o Route 161 1 Amendment changmg |^/ i Amendment extending 1^7 1 Extending to old Sixteenth street - 187 1 On old Sixteenth street - 187 Z Sale and lease, Florida avenue and U street line, power of 263 & Stockholders' meeting J^J J^ Stockholders, liability ]^ 1^ Taxation - Track to be located by Commissioners of the District of Columbia. . 185 2 Trackage — - Reciprocal, to enter into with other roads -^ez o Tracks— . Paving between j^^ * Reciprocal use |°"^ ^ Remove from Capitol Grounds 1°^ ^^ Use by Rock Creek Railway Company authorized 78 Z Terms of use by Rock Creek Railway Company 78 2 Transfers— „ Free to Capital Railway Company zm 6 Arrangements with connecting lines 184 & Reciprocal 262 5 Coupons from Brightwood Railway Company 18b o Tickets, sale of coupon 263 5 Union Railroad Company --- 174 i Washington and Great Falls Railroad Company may consolidate . . 241 i Wires, no overhead 181 ^ Motive power --'• J^^ Change from horse to mechanical , authorized ^o» Certain roads required to use mechanical power 259 3 Approval of Commissioners required 260 3 To be same for reciprocal trackage 262 o Rails, etc., regulations do not apply outside city limits.. 259 Being changed, stock may be issued 259 3 Navy- Yard Bridge {see oho Anacostia Bridge), trolley may be used on, by Capital Railway Company :-"'^:; ooo \ Passenger station to be established near Aqueduct Bridge Z6^ o Passengers, st/ops must be made for 268 I* 258 271 Page. Section Paving, street railways to pay for portion between rails and tracks and 2 feet •xterior thereto ----; ---- 257 Paving, certificates of indebtedness may be issued against m payment of. 258 Paving materials may be used - 257 Paving street intersections to correspond with pavement of street inter- sections .,._...•-...-.•--."-.---•--•""•""-••---*"••---" ^oo Pennsylvania avenue, repavement of, by Washington and Georgetown Railroad Company - - - - - - - - ^ Pennsylvania avenue southeast, east of Eighth street, authority to extend tracks --.- 80 ] Pennsylvania Avenue Bridge, authority to lay tracks on, by East Wash- ington Heights Traction Company 109 Pipes, damage to, by electrolysis «1 Policemen to be stationed at street crossings ^I Police regulations relative to street cars 265 Potomac River at Three Sisters, Washington and Arlington Railway authorized to construct bridge 201 T? Q |1 a • Grooved, shall be used on street railways in city limits Style of, required To be placed in position within two years Railroads. ( See Street railroads ) . Railways: Street, electric underground system, to be installed by October 1, 1899 Fenders to be provided 264 Laws 257 Public work chargeable to 257 Commissioners to make changes should companies fail to do so 257 Reciprocal trackage arrangements between railroads authorized 262 Rhode Island avenue, opening of, by Washington and Maryland Rail- j 150 way Company I 1^ Rock Creek Bridge : At Connecticut avenue - 74 Cost of maintenance and repair to, borne by railroad companies. . . 269 Rock Creek Railway of the District of Columbia (now Capital Traction): Act incorporating 68 Annual meetings 72 Annual report 73 Bonds, authority to issue 74 Bridge over Rock Creek 74 / 70 Capital stock S 75 j 70 Subscriptions S 75 Books of subscriptions 71 Sales of delinquent 75 Payment of subscriptions 71 Capital stock, method of fixing amount 70 Cars 71 Cars, articles found in 74 Cars, ejection from 73 Cars, speed of 70 Charter amended | 77 Charter, original reaffirmed 76 Chevy Chase Land Company may connect with 77 Commencement and completion of construction 70 Commencement and completion of, extended 75 Completion, time for, extended 77 Connecting lines, authorized to connect with 77 Construction 69 Contracts can be made for joint use of tracks 78 Directors 72 Equipment 71 ^ , / 69 Fare, rate of » 79 Florida avenue and U-street line, power to lease and sell 197 12 3 24 24 3 4 1 1 2 2 2 3 2 3 2 2 2 5 3 1 1 1 5 1 1 3 3 1 1 3 3 2 1 1 5 292 INDEX. INDEX. 293 Rock Creek Railway of the District of Columbia— Continued. Page. Lands — Cost of purchase 76 Dedication, purchase, and condemnation 76 Motive power - 70 Passenger rooms 71 Power and en^ne houses 70 Public travel, mterference with 76 Repairs to 70 Roadway, free use of 72 Route — Amended 69 Changed 74 Repeal of old 75 Sale or lease, power of 72 Streets, opening of 78 Taxes 73 The Capital Traction Company may change name to 79 Tracks- Extension of 77 Paving of 69 To be kept well paved 74 To be paved by District of Columbia in case of failure 75 Paving lien 75 Use of Metropolitan Railroad 78 Use jointly with Eckington and Soldiers' Home Railway Com- pany 1 78 Terms for use of 78 Width between 78 Wires, no overhead in city limits 75 Secretary of War: Approve plans of an Anacostia Bridge 247 Approve route of Washington, Alexandria and Mount Vernon Railway through Arlington 191 Approve "route across aqueduct lands by Washington and Great Falls Railway Company 222 Approve fence at Washington Aqueduct by Washington and Great Falls Railway Company 224 Approve fence along Conduit road by Washington and Great Falls Railway Company 224 Approve lighting along Conduit road by Washington and Great Falls Railway Company 225 Approve water mains along Conduit road 222 Approve ferry slips and boat Washington, Alexandria and Mt. Ver- non Electric Railway 191 Speed of street railway cars 267 Spring road, use of, by Baltimore and Washington Transit Company. . . 17 Stock, companies changing motive power, etc. , may increase. . . , 259 Street cars: Children not allowed on platforms '. 266 Crossings, right of way 268 Not to be switched in streets - 265 Of suburban lines may be drawn over connecting city lines 263 One-horse, prohibited in city limits 261 Platforms to be protected with gates 266 Shall have right of way over respective tracks 265 Speed of 267 Spitting in prohibited 269 Stop at intersecting roads 268 Stop before crossing steam railroad tracks 269 Stop not more than five minutes, etc 268 To be in charge of conductor 261 To display lights after sundown 269 Wheel guard or fender equipment 266 Street railroads: Certificates of indebtedness msiy be issued against 258 Change of motive power authorized 259 Changing motive power may increase amount of stock ...,..,.,.., 259 Section. 4 4 1 2 1 4 1 3 1 1 2 3 4 4 1 1 1 1 1 2 3 2 2 2 1 1 1 1 1 1 24 1 3 16 25 3 1 1 22 15 24 23 25 27 26 1 26 17 1 3 3 Street railroads— Continued. ^^^' Section. Code of laws of District of Columbia relative to railways 272 Crossing policemen authorized 37 3 Grooved rails in city limits — 258 Highway bridge over Potomac River, may cross ^ 270 Malicious injury due to obstruction 273 Motive power to be same for reciprocal trackage 271 Pavements at street intersections 258 Pavements between rails and track, how paid for 257 Prohibited on I and K streets, front of McPheraon, Farragut, and Franklin squares 257 Shall not be laid without consent of Congress 257 Suburban, may have trail cars drawn over city lines 263 1 United States telephone lines, for protection of, by Washington and Great Falls Railway Company 237 1 Tickets— To be sold in sheets of six 261 1 Not to be sold a second time 261 1 Shall be honored on all lines in District of Columbia 261 1 Transfer coupon shall be sold by certain suburban lines 263 5 Metropolitan Railroad Company to honor coupon transfer tick- ets by certain suburban lines 263 3 Transfers not to be issued where trackage is forbidden 270 2 Transfer tickets to be issued free where Capital Railway Company connects with Capital Traction and Metropolitan Railroad Com- pany 263 3 Trackage arrangements forbidden unless motive power is similar. . . 270 2 Trackage reciprocal only where propelling power is the same 262 Tracks — Abandoned, to be removed 271 1 Remove from Washington Aqueduct Bridge over Rock Creek. 65 To be laid on Bunker Hill road and Wiseman avenue 272 Removal from Capitol grounds by Metropolitan Railroad and Washington and Georgetown Railroad Company 64 12 Duties of companies at intersecting 258 Obstructions to be removed 266 20 To be paved by District of Columbia when neglected by com- panies 257 How paved 257 Relocation in certain streets 272 Removal of disused 271 Twenty-sixth and M streets NW., right to lay Washington and Georgetown Railroad 65 To be laid on Wisconsin avenue 272 Transfer and trackage arrangements, reciprocal, connecting lines required to make 262 5 Transfers, free, to be issued. 271 Transfer station. ( See Union transfer station. ) Taxation on gross receipts, etc 270 Union transfer station — Commissioners of the District of Columbia, shall regulate use of . 68 3 Land for 68 3 Union Railroad Company (absorbed by Metropolitan Railroad Com- pany), act incorporating ! 169 1 Union transfer station 68 3 United States property, damage to, by Washington and Great Falls Rail- way Company 236 1 United States not to pay portion of work done for street railways 257 United States telephone line, for protection, by Washington and Great Falls Railway Company 237 1 Washington, Alexandria and Mount Vernon Electric Railway Company: Act incorporating (1894) 191 1 Annual report 195 15 Cars — Articles found in 195 14 Ejection from 196 19 Speed of 195 13 I* i I J INDEX. 295 294 ^^^^^• Washington, Alexandria and Mount Vernon Railway Company-Con- ^^^ ^^^^^ ''"commencement and completion of construction ........----...--- .^ 20 Condemnation proceedmgs ; _ 192 . ^ CJonstruction -;;;; l»i ^^ Crossings J !^ -^g Rightofwayat ^^^99 6 E street NW., remove tracks from ::::::::"".'.'------- ]l^ ^^ Fare, rate of ..---.- ' " |^^ « Ferry slips and boat 1^ ^ §»Xterpoto„iiiKiVer;///.......--.-::;;::::::::: | n Motive power....- " j^J . Passenger rooms, ete. m ^^ Plans, to be approved... 193 « Power and engine houses 196 17 Roadway, use of ^^^ ChlD^";duetoMunicipalbunding:....^ ^ U Coinciding. — - --///.: W^ * On country roads m W Snow and ice,, removal of -— -; m ^ Street, widening of I** S^cksll" ■ 197 23 To Arlington Keservation •-■- 192 o ?:;rus^ by FalVsChu'rVh and Potoma. Railway Co-pany.| ^^ 22 Trenches and excavation '//.'.'''.'. ^^^ ^ W.Sn-r aH^^- 00^^^^^ 201 1 Act incorporatmg (1891) f 20^ ^ Annualreport 205 8 By-laws 4 Capital stock- 20d * Bond and issue 204 o Paymenteon ::::::".:". |XI 6 - Subscription --. ^04 o Subscription books -•--- 204 Ejectment from 204 o Coni^^etenlrd-fi^eii^n-ofion^^^^^^^^^^^ | 1 SZSp^^inS.Vonfinnatiouioberecorded..-^ || JJ Construction...... 205 Directors, board of ^OZ ^ Engine houses :".:::::'.''.' 207 15 Fare, rate of ^"^ .^ Grade, changes of ; 20b ii Land, acquiring ^04 o Land, necessary ;; ^Oi Motive power. ;; ^o& Office, principal ^"o Officers.... ;;;; ^^ g Route ; ^q 3 Stockholders, meeting of ----- 203 ^ Taxes Washington and Arlington Railway Company— Continued. Tracks Page, section. Approval necessary 202 2 Coinciding 201 1 On bridge 202 2 And bridge, use of by other companies 206 10 Paving of 202 1 Water pipes, protection of 207 15 Wires overhead not permitted in city limits 201 1 Washington Aqueduct Bridge over Rock Creek, remove tracks from. . . 65 Washington, Arlington and Falls Church can acquire rights in default. . 254 2 Washington and Georgetown Railroad Company (now Capital Traction Company): Act incorporating (1862) 59 1 Annual meeting ^2 lb By-laws and rules ^2 lo Capital stock ^0 8 Advertisement as to books of subscription ol 13 Capital stock— ao iq Apportionment of "- *^ Books of subscription *. 61 13 Payment at time of subscription 61 13 Merged into Capital Traction Company 59 Note. Cars— Articles found in "^ ii First-class, required 61 9 Schedule of running 61 9 Completion, time for 63 19 Fare, additional 63 1 Fourteenth street extension 63 1 Grade to be altered when required 60 5 Horsepower to be used 59 1 Horses, must dispense with, in two years 67 3 Judgment to be paid 67 Lands for depot 61 10 Motive power changed to cable 59 Note. Motive power 66 3 M Street Bridge over Rock Creek, repair of 67 M street NW., right to lay tracks 65 Municipal officers not to obstruct road 63 17 Notes not to issue as currency 60 7 Officers and directors 62 14 Passenger rooms, etc 61 10 Pennsvlvania avenue — Fffteenth street to Rock Creek, appropriation for paving 64 Paving adjacent to tracks 64 3 Repavement of 66 3 Railway, how to be laid 60 3 Road, use of, subject to municipal regulations 60 I Roadway, free use of 63 18 Route ol 59 1 Route, extension of - 59 1 Seventh street extension 63 1 Stock, may increase, upon change of motive power 66 3 Stockholders' meeting 62 13 X axation ..........••••••■•••••••••.••*••*•«•«•••*••••'•••.•... '-'" * Tracks — Coinciding 66 1 Between depots and stables 61 10 Extension of, on Water and P streets S W 65 Grade of 66 Use, in common 66 Use by United States Government 61 12 Terms of joint use 66 To be kept in order by company 60 4 Remove from Capitol grounds 64 12 Remove from Washington Aqueduct Bridge over Rock Creek. . 65 16400—05 20 296 INDEX. INDEX. 297 Washington and Georgetown Railroad Company — Continued. Tracks^IIontinuea. Twenty -sixth street, right to lay Right to lay on Twenty-sixth and M streets Union transfer station shall build Union transfer station shall extend tracks to "Washington and Glen Echo Railroad Company (1898) Contracts, may enter into Consolidate, with Washington and Great Falls Railway Company authorized Tracks, right of way to construct Washington and Gettysburg Railway Company of Maryland: Act authorizing extension of line in District of Columbia (1899)... Bonds Buildings Cars Articles found in Ejectment from Schedule Speed of - Commencement and completion of work Completion, time for Completion, extension of time for. Construction Construction, time extended for, in District of Columbia Deposit Deposit guarantee - Excavations Fare, rate of Grade changes - Land Penalty for failure to complete Plans, approval Roadway, care of Route Route, coinciding --. Supervision and control of, by Commissioners District of Columbia. Switching Taxes Telegraph and telephone lines Washington and Great Falls Electric Railway Company: Act incorporating ( 1892) Act incorporating amended 1894 Annual meeting Annual report Bonds Bonds and stock Buildings By-laws By-laws, may make changes in . Canal road, wall Capital stock Capital stock, subscriptions to Capital stock and shares, may acquire, in electric companies supply ing power Cars — Schedule of running Speed of Speed of, at crossings Stearri, prohibited Foxhall road stop Page. Section. 65 65 68 3 68 3 214 241 1 241 1 214 1 208 1 211 16 211 15 210 9 211 13 211 12 210 10 210 11 212 20 213 1 214 5 209 5 r 213 1 \ 214 5 210 6 210 8 209 4 211 14 212 18 211 16 212 22 209 3 209 7 208 1 209 2 212 21 209 212 7 212 19 221 1 232 1 228 4 231 7 / 226 \ 236 2 1 236 1 239 2 228 4 228 4 222 1 / 239 2 1 242 2 / 227 3 \ 239 2 242 3 / 232 \ 239 225 / 239 \ 238 . 236 239 Washington and Great Falls Electric Railway Company — Continued. Page. Commencement and completion 231 Completion, time for, extended 232 Conduit road 222 Consolidation 227 Consolidation with various roads 241 f 224 Construction < ^07 Construction and operation 225 Construction and operation to be approved by Secretary of War 225 Contracts, may enter into 241 Corporators, meeting of -j ^fi Crossings — Rightof way at 228 Paving at 237 Conduit road, signals to be used at crossings 238 Charter amended with reference to Union transfer station 232 Damage to United States property 236 Deposit required i ^^"^ Directors 227 Disbursement of money 223 Fare, rates of 244 Fence at Washington Aqueduct 224 Fence, shall erect 238 Land and condemnation proceedings 229 Lights at Chain Bridge 225 Lights at intersecting roads 238 Lighting roadway 225 Motive power 237 Office, principal 228 Passenger rooms 225 Passenger station at aqueduct bridge 232 Poles and wires 224 Rails, location of 222 Railway parallel to Conduit road 221 Roadway, free use of 228 K°»*« {fA Route across aqueduct lands 223 Amended 232 Extension of 233 Routes, coinciding 232 Snow and ice, removal of 232 Stockholders, meeting 227 Stock 225 May acquire and hold, in other roads 241 Method of operating acquired 242 Taxes 231 Telephone line, United States for protection of 237 Tennallytown Road, branches to 235 Tracks — May connect with other lines 235 Coinciding 222 Gauge of 224 Location of 224 Pavingof ' 224 Water mains 222 Changes of [[[ 232 Construction of 225 Protection of 225 Union tranf er station 68 Washington and Marlboro Electric Railway Company: Act incorporating (1895) 247 Anacostia Bridge — Building of 247 Plans to be approved by Secretary of War 247 Section. 6 2 1 3 1 1 1 1 1 1 3 3 4 1 1 3 1 I 1 4 1 2 1 5 1 1 1 4 2 3 1 1 I 4 1 1 1 1 5 1 1 3 2 2 2 7 1 1 1 1 1 1 1 1 4 1 1 3 1 1 I I 298 INDEX. Washington and Marlboro Electric Railway Company — Continued. Annual reports Bowen Road, extension to Page. Section. Cars. Articles found in Ejection from Schedule of running --- Speed of Commencement and completion of construction Completion, extension of time for Construction of Crossings Right of way at Conditions to be complied with by successors Deposit guaranty Deposit to be made Engine and power houses Excavation and trenches Fare, rate of Grade changes Land, condemnation of Lighting along line Motive power '. Passenger rooms Plans to be approved by Commissioners Roadway, free use of Route Extension of Routes — Coinciding In country roads Snow and ice, removal of Street widening Taxes Tracks — Paving adjacent to East Washington Heights Traction Company, right to use Water mains, deposit for ...- Washington and Rockville Railway Company, contracts may enter into with Washington and University Railroad Company: Act incorporating ( 1898) Bonds Buildings Capital stock Cars Articles found in Ejectment from Schedule of running Speed of Completion of work Construction of Dedication Deposits Deposit guarantee Excavations Fare, rate of Land, condemnation of Motive power Organization Penalties Plans Right of way Roadway, care of Route Route, amended Taxes 251 247 250 251 252 250 260 248 253 248 252 250 253 252 253 248 248 251 248 252 248 249 250 252 252 247 248 250 248 251 248 251 248 253 248 241 215 218 217 218 217 217 217 217 217 216 216 220 216 217 216 217 218 215 218 219 216 220 216 215 219 219 16 1 13 15 20 13 14 11 1 4 19 12 24 22 33 10 8 17 7 21 6 12 13 23 18 1 1 12 3 14 2 16 5 2 9 1 20 17 20 11 15 14 12 13 9 6 2 7 10 5 16 18 3 19 22 4 2 8 2 2 21 INDEX. 299 Page. Section. Washington Railway and Electric Company (name of managing corpo- ration: The Washington Railway and Electric Company is a manag- ing corporation whose principal lines are Metropolitan, Anacostia and Potomac River, Belt, Capital, Columbia, etc. Also has control of certain other lines, as per deed filed in office of recorder of deeds, February 4, 1902, under authority of act of Congress approved June 5, 1900) 241 1 Washington, Woodside and Forest Glen Railway and Power Company: Relative to using Brightwood tracks 220 1 Contracts, may enter into 241 1 Water mains disturbed by street railways shall be moved at expense of company 265 4 Water front at ends of highway to be kept open 143 6 Wires, not authorized erected or maintained after December 15, 1888.. 272 Wisconsin avenue, tracks to be laid in middle 272 3 M5it/ 05737 SEP2 91994 I^Ef-l Date Due ^ / D5"^o-