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[Third indorsement.]

WAR DEPARTMENT, January 22, 1907. Respectfully returned to the chairman Committee on Interstate and Foreign Commerce, House of Representatives, inviting attention to the foregoing report of the Chief of Engineers, United States Army, and to amendments indicated in red on copy of bill accompanying.

WM. H. TAFT, Secretary of War.

2d Session.

No. 6736.

BALTIMORE AND WASHINGTON TRANSIT COMPANY OF MARYLAND.

JANUARY 25, 1907.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. GREENE, from the Committee on the District of Columbia, submitted the following

REPORT.

[To accompany H. R. 22123.]

The Committee on the District of Columbia, to whom was referred the bill (H. R. 22123) to amend an act to authorize the Baltimore and Washington Transit Company of Maryland to enter the District of Columbia, approved June 8, 1896, report the same back to the House with the recommendation that it do pass when amended as follows:

Page 2, line 5, strike out all after the semicolon down to and including the word "condemnation" in line 15, and insert in lieu thereof the following:

Provided, That said company shall not construct its said railway over, along, or upon any portion of the aforementioned route which is not now a public highway of the District of Columbia until it shall have obtained, by dedication or condemnation, title to a right of way not less than thirty feet in width along such portion of said route as is now a public highway, and before it shall have authority to lay tracks in said right of way it shall dedicate the same to the District of Columbia as a public highway.

Page 3, line 10, strike out the period and insert in lieu thereof a colon and add the following:

Provided, however, That said railway shall be constructed of good material, with rails of approved pattern, and in a neat and substantial manner, subject to the supervision and approval of the Commissioners of the District of Columbia, the standard gauge to be used and the surface of the tracks to conform to the grades of the streets established by the Commissioners of the District of Columbia; and where the tracks lie within the streets of the District 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. The general purpose of the proposed legislation is to amend the act approved June 8, 1896, entitled "An act to authorize the Baltimore and Washington Transit Company of Maryland to enter the District of Columbia." The company extended its line as provided in the

above-named act, and now has a physical connection with the Brightwood Railway at Takoma Park. The additional extension authorized by the proposed legislation is for the purpose of connecting the present line of the Baltimore and Washington Transit Company at Third and Aspen streets, south along Third street to Madison street, west along Madison street to Colorado avenue, thence along Colorado avenue to its intersection with Fourteenth street, so as to connect with the line of the Capital Traction Company.

This extension will make a shorter and more direct route from Takoma Park to the center of the city, and will tend to develop the section of the city along its route, this section now being without any transportation facilities, and will encourage the building of homes in that desirable section of the city.

Your committee has received a number of letters, petitions, and resolutions from the Brightwood Citizens' Association, the Takoma Park Citizens' Association, the Woodburn Citizens' Association, the general conference of Seventh Day Adventists, and the board of managers of the Eastern Star Home, all indorsing the proposed legislation and urging its enactment into law by Congress during the present session.

The following resolutions of the Brightwood Citizens' Association advances some excellent reasons and evidences the sentiment of the citizens in the district affected by the proposed extension:

Whereas the Brightwood Citizens' Association is an association composed of landowners, citizens, and residents of the city of Washington, and the District of Columbia, living within the territory traversed by the proposed extension of the Baltimore and Washington Transit Company of Maryland to connect with the Capital Traction Company at Fourteenth street and Piney Branch road; and

Whereas the railway facilities within such territory are at present insufficient and unsatisfactory, to the great inconvenience of the members of such association and residents of the neighborhood; and

Whereas in the opinion of the members of such association the proposed extension of such road will not only be greatly to their advantage and convenience, but will add to the value of property in such district and will be of public utility.

Be it resolved, That the Brightwood Citizens' Association does hereby respectfully petition the Congress of the United States, if not contrary to public interest and welfare, to promptly pass House bill 9734, entitled "A bill to authorize the Baltimore and Washington Transit Company, of Maryland, to extend its street railway in the District of Columbia."

Further resolved, That the secretary of this association be, and he is hereby, authorized and directed to forward a copy of these resolutions to the honorable the Speaker of the House, the President of the Senate, and to the chairmen of the House and Senate Committees on the District of Columbia.

And I hereby certify that the above resolutions were adopted by the Brightwood Citizens' Association at a meeting thereof held on the 12th day of January, 1906. JOHN G. KEENE, Secretary.

The Baltimore and Washington Transit Company is a corporation incorporated by legislative act of the Maryland legislature, and has authority under its charter to extend its line through Maryland to Baltimore, a portion of which has been constructed. Under the original charter granted this corporation by Congress to extend its line into the District of Columbia the usual and general provisions and limitations applied to street-railway companies in the District are specified, including a provision for the payment to the District of Columbia of the usual tax, being 4 per cent on the gross earnings in lieu of tax on personal property, the sale of 6 tickets for 25 cents, and gives the Commissioners authority over the schedules, size of cars, etc.

The provisions of the bill, briefly explained, are as follows: Section 1 provides for the construction of about 2 miles of railway through the most desirable section of the District for moderate-priced It will open up for settlement and improvement more than 6 square miles of territory now without transportation facilities. It will furnish the shortest route to the center of the city for the people of Takoma Park. It also provides that upon such portion of the route as is not now public highway the company shall acquire and dedicate to the District of Columbia, before laying its tracks, a right of way 30

feet in width.

Section 2 provides that all the details of construction and methods of operation shall be approved by the Commissioners.

Section 3 provides that an ample deposit shall be made with the collector of taxes as a guaranty that the road will be in operation within the time prescribed by this act.

Section 4 provides that any failure on the part of the company to comply with all the provisions of this act shall be punishable by a fine, which penalty may be recovered by the Commissioners in any court of competent jurisdiction.

Section 5 provides that the rate of fare for one continuous ride over the lines of this company and the Capital Traction Company shall be at the same rate as if the entire distance were traveled on the lines of but one company.

Section 6 provides that all limitations imposed by the original charter of this company shall be applicable to the extension herein proposed, this act merely being an amendment to the charter of an existing railway providing for the extensions described in section 1.

This road is subject to existing general laws for the governing of street railways within the District of Columbia and has no special privileges and seeks none under this act.

The measure in its present form has the unqualified approval of the Commissioners of the District of Columbia, as will be seen by their following communication on the subject:

EXECUTIVE OFFICE,

COMMISSIONERS OF THE DISTRICT OF COLUMBIA,
Washington, December 22, 1906.

SIR: The Commissioners of the District of Columbia have the honor to submit the following on H. R. 22123, Fifty-ninth Congress, second session, "to amend an act to authorize the Baltimore and Washington Transit Company of Maryland to enter the District of Columbia, approved June eighth, eighteen hundred and ninety-six," which you referred to them for report.

This bill is identical in intent with House bill 9734, Fifty-ninth Congress, first session, which was reported on by the Commissioners January 9, 1906. The Commissioners recommended a number of changes in that bill and these have been incorporated in the present bill. The Commissioners invite attention to their report on that bill and also the map accompanying same, upon which was indicated the route of the proposed railway.

The present bill, however, contains certain provisions not in the bill of the last session. The first change noted is the clause contained in lines 5 to 9, page 2, reading as follows:

"That the said company is further empowered to extend its line, under the provisions of this act, from its line on Aspen street through Willow street whenever the requirements of its patrons and the operation of the road may require."

The Commissioners do not believe this authority should be granted to be exercised at the pleasure of the railway company. If at some future time it is necessary to make this extension, the Commissioners believe that it should be specifically granted by Congress. They therefore recommend that this provision be eliminated from the bill.

Lines 9 to 15, inclusive, page 2 of the bill, provide that the railway company shall not extend its railway along any portion of the route which is not a dedicated street until it obtains the consent of the owner or owners of the property along the lines of such projected street or has acquired a right of way through the same by condemnation. The Commissioners believe that this proviso should be amended to read as follows:

66

Provided, That said company shall not construct its said railway over, along, or upon any portion of the aforementioned route which is not now a public highway of the District of Columbia until it shall have obtained, by dedication or condemnation, title to a right of way not less than thirty feet in width along such portion of said route as is not now a public highway, and before it shall have authority to lay tracks in said right of way it shall dedicate the same to the District of Columbia as a public highway."

Another change noted in the bill as approved by the Commissioners last session is contained in lines 6 to 10, inclusive, page 3, of the bill. This provides that section 4 of the original act of June 8, 1896, authorizing this company to extend its route into the District of Columbia shall be repealed. Said section 4 is to a certain extent covered by section 2 of the present bill, but there is one provision in said section which should not be repealed. The Commissioners therefore recommend that the following be added at the end of section 2, after the word "repealed," in line 10, page 3, of the bill:

'Provided, however, That said railway shall be constructed of good material, with rails of approved pattern, and in a neat and substantial manner, subject to the supervision and approval of the Commissioners of the District of Columbia; the standard gauge to be used and the surfaces of the tracks to conform to the grades of the streets established by the Commissioners of the District of Columbia, and where the tracks lie within the streets of the District 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."

The bill also differs with the bill recommended by the Commissioners last session by the omission of section 5 of that bill, which provided that the tracks of this transit company should have no physical connection with the tracks of the Capital Traction Company. It is understood that this amendment was suggested by your committee, and it is not objectionable to the Commissioners.

The Commissioners inclose herewith a bill amended as herein suggested, and recommend a favorable report on the bill as amended.

Very respectfully,

Hon. J. W. BABCOCK,

HENRY B. F. MACFARLAND,

President Board of Commissioners District of Columbia.

Chairman Committee on the District of Columbia, House of Representatives.

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