Page:United States Statutes at Large Volume 25.djvu/607

FIFTIETH CONGRESS. Sess. I. Ch. 1196. 1888. 561 - incorporated street—railway company in the District of Columbia, both companies shall use the same tracks, upon such fair and equitable terms as may be agreed upon by said com anies; and in the event said companies fail to agree upon equitablb terms, either of said companies may apply, by petition, to the supreme court of the Dis- - trict of Columbia, which shall hear and determine the matter in due form of law, and adjudge to the proper party the amount of com- Compensation tor _ pensation to be paid therefor. Said corporation is authorized and “S"‘ emplowered to propel its cars on such other lines as it shall coincide Motive power oo wit by cable-power, or such other motive power as it shall use to °th" "`“° S' propel its own cars with on the routes prescribed in this act, and may repair and construct such proportions of its road as may be upon the line or route or routes of any other road thus used; and in case of any disagreement regarding such construction or repairs, Disagreemeutsasm with anty company whose line is thus used, such disagreement may ”p°'""‘ be hear and etermined summarily upon the application of either road to any court in said District having common-law jurisdiction. Said company shall receive a rate of fare not exceeding five cents F¤¤·=· for each passenger, for each continuous ride between all points of its line, but shall sell six tickets for twenty-five cents: Provided, If electrip wires or cables are used the same shall be placed under groun : Sec. 2. That the said railway company shall, on or before the tif- A“'?“'“ '°P°""· teenth of January of each year, make a re iort to Congress of the names of all the stockholders therein, and tlie 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 lprecedin year ending December the thirty-irst, which report shal be veritled by aiiidavit of the president and secretary of said company; and if said report is not made at the time specified, or within ten days thereafter, it shall be the duty of the Commissioners to cause to be instituted judicial proceedings to forfeit this charter; and said company shall pay to the District of Columbia, in lieu of taxes upon ersonal property, including cars and motive power, for rom. each year, tour per centum of its gross earnings upon its traflic, 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 per centumof its gross earnings shall be in lieu of all other assessments upon its personal property. used solely and exclusively in the operation and management of said railway. Its real estate shall be taxed as other real estate in the District, provided its tracks shall not be taxed as real estate. Sec. 3. That the said railway shall be laid upon such part of the Construction. road as may be designated by the Commissioners of the District, and must 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 District, laid upon an even surface with the pavement of the street, and in such_a manner as to interfere with the ordinar travel as little as practicable ; and the gauge to correspond with that of other city railroads. Sec. 4. That the said corporation shall, at its own expense, keep Repairs. its tracks, and for the space of two feet beyond the outer rails thereo , and also the space between the rails and tracks, well graded or paved and in good repair, so as to impede the general travel as little as c ossible. P Sec. 5. That in the event of a change of grade at any time of any Changesotgrade. of the streets, avenues, or roads occupied by the tracksof this corporation it shall be the duty of said company to change 1tS said rail- STAT L—v0L XXV--36