Joseph McKenna

“ The contention of the plaintiff is, as we have seen, that the railroad company was only required to defray the cost of work within the limits of its right of way, and that plaintiff's obligation is not greater, as it only undertook to do the work for the railroad company. ”

“ And all work which is without the limits of the right of way . . . shall be done by the District of Columbia.'
There were quite radical modifications of the plan for the railroad terminal, made by an act passed in 1903. 32 Stat. at L 909, chap. 856. Among other things, it provided for the construction of tunnels. It is, however, contended by plaintiff that the distribution of the cost of the work, as provided in § 9 of the prior act, was not changed. ”

“ If the words did not necessarily of themselves point to plaintiff as the party to defray the expense, the amount of the deposit required indicated that it was to cover the work outside of the right of way. The estimate of costs and deposits required amounted to $8,781, and yet it is admitted that the cost of the work within the right of way or space covered by the tunnels was only $1,608.03. The difference is too great to have been overlooked or its importance and meaning misunderstood. ”