Page:United States Statutes at Large Volume 27.djvu/354

FIFTY-SECOND CONGRESS. Sess. I. Ch. 322. 1892. 327 District of Columbia, the said company shall, at its own expense, construct asubstantial 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 Surfnccroad. its own expense and within the same time and subject to the same approval and acceptance, shall pave the said portion of said road with granite blocks or vitrilled brick in the best manner. From the Canal road the route of said railway is to ruu westerly along the top of the blud on the north side of the Canal road, and outside and south of the southern boundary of the land of the Washington Aqueduct pertaining to the distributing reservoir, to a point on said boundary not more than six hundred teet irom 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 boundary; 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 pertaining to the receiving reservoir; thence through said land to a point on the land of said aqueduct near the westerly foot of Dalecarlia Hill; 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 Cabin John Creek, returning thence along the same line, by return tracks to the place of beginning, with the privi- mma nm. lege of constructing a branch line, with a single or double track, from the Conduit road lands south to Chain Bridge, on land to be acquired by the corporation: Provided, That there shall be but one rail- nam. _ way parallel to and near the Conduit road and there shall never ‘$,}'*"=’{,.,f,’"{’,,,E,‘}}},‘{'“,{, be more than one double track on or over the Canal road, and all §·¤¤;-¤¤<5¤d»¤d <¤‘¤¤ acts or parts of acts granting the use of the surtace of the Canal m m ‘ road, or any part thereof, for laying railway tracks thereon and oper— ating cars thereon are hereby repealed; and wherever the route specilied in this act is parallel with or coincides with the route of Use of coinciding any other railway the two companies shall maintain and use but "'“°k”‘ one set of double tracks, and any violation of this provision by the said Washington and Great Falls Electric Railway Company shall operate as a repeal of this charter; and matters of dispute between rmmmauing asthe companies respecting railways parallel to the Conduit road, and P“‘“· alfecting the same, whether in the District of Columbia or in Maryland shall be reterred to and determined by the Secretary of War and matter in dispute between the companies respectingrailways on the Canal road shall be determined upon the application of either road to any court in the District of Columbia having competent jurisdiction. The inner rail of said Washington and Great Falls railway shall not at any place on the line of said railway be less than one hundred feet trom the middle of the paved portion of the Conduit road. Wherever the said Secretary of Wn $0 railway shall run over or across any of the lands of the United States ,‘{§}.’,C,‘§,“ §'{,“,,'Z;d$.L`g or any of the accessory works of the Washington Aqueduct as provided i¤¤¢l¤- in this act, it shall be done only on such lines, in such manner, and on such conditions as shall be approved by the Secretary of War and accepted by said company, and no works shall be done on said railway on any of saidlands until after such approval and acceptance in writing. No steam cars, locomotives, or passenger or other cars for steam railways shall ever be run over the tracks of said railway within the District of Columbia or on said lands. So much of said railway as may be in the State of Maryland must first have the approval of the authorities of said State. Said company shall, before commencing work on Deimir to _¤·»f¤·-ny said railway, deposit with the Treasurer of the United States to the §`§,Ef‘§§? °f "“I`°°` credit of the Washington Aqueduct the sum of five thousand dollars, to defray all the expenses that may be incurred by the United States in connection with the inspection of the co1npany’s work on the lands of the United States and any of the conipany’s work that may aftect the interests of the United States, and in making good any damages done by said company or its works to any work or land or other property of