Samuel Freeman Miller

“ The railroad company alleges that its increased traffic requires, in the city of Washington, additional accommodations for receiving, storing, and transferring freight, and that it has purchased the two squares mentioned for that reason, and that it intends to build a freight depot on square 233, as being at once convenient for the company and more out of the way of the travel, current business, and residences of the citizens than any point within reasonable distance of the line of the road. ”

“ It is not known to any member of this court that any railroad company, whether its cars are propelled by steam or horse power, has ever claimed to use the streets of an incorporated city or any part of them, without express authority from some legislative body, or the authorities of the city government. ”

“ No railroad shall be built under the provisions of this chapter until the route and termini of such road have been approved by congress.' This section of the general law for the voluntary organization of corporations for building railroads in the District of Columbia expresses the same idea and the same purpose that section 3 of the act authorizing the Baltimore & Potomac Company to enter the district does, namely, to retain in the hands of congress the absolute control of the use of the streets of the city by any railroad company whatever. ”

“ The streets of Washington are largely used by street railroad companies whose tracks occupy their surface. There are some four or five of these companies, and their cars are propelled by horse-power and not by steam. They are not only a great convenience to the citizens, but they have become almost a public necessity. ”

“ The company gave notice, as required by law, to appellants, who, as commissioners of the District of Columbia, are charged with the care and protection of the streets and other highways of the city, that it intended to construct a lateral track, which, leaving its main track on Maryland avenue at a point near its intersection with Thirteenth street, should cross square 267 from its east to its west side, and then crossing Fourteenth street, would reach its projected depot on square 233. ”

“ The appeal of the commissioners from this decree brings the matter in issue before us for review. Neither the pleadings in the case, nor the relief sought by the bill, nor the decree of the court, bring into question the right of the company to purchase squares 233 and 267, nor the right to erect on either of these a warehouse for the storage of freight. ”