Page:United States Statutes at Large Volume 25.djvu/539

 FIFTIETH CONGRESS. Sess. I. Ch. 1038. 1888. 493 depots, and elevators 111 said city of Georgetown or West Washing- Eievatmsere. ton, with the right to receive and dispatch boats and freight of all kinds, and to run cars on said tracks, sidings, switches, turn—outs, and turn-tables, propelled by steam, horse, or electric power ; and to charge and receive for the use of the docks, railway, warehouses, depots, elevators, and barges of said company, such rates as may charges. be nxed by the directors, with the approval of the Commissioners of the District; Provided, That when said lines coincide with the Promo. duly authorized lines of any duly incorporated street railway of the District of Columbia, said company shall lay separate and independent tracks in the original construction of the said lines ·r»-acks coinciding whenever, in the judgment of the Commissioners of the District of “"“‘ °"“”““*’S· Columbia. it shall be deemed by them possible and practicable so to do. Whenever the foregoing route or routes may coincide with the duly authorized route or routes of any duly incorporated street railway company in the District of Columbia, either or both companies may use the same tracks, when, on account of the width of the streets, or for other sufficient reason, it shall be deemed by the Commissioners of the District to be necessary ; and in such case they may use such tracks in common, upon such fair and equitable terms Terms mr use or as maybe agreed upon by said companies ; and in the event said °"“"' 1***** company fail to agree upon equitable terms, either of said companies may apply, by petition, to the supreme court of the District of Colum ia, which shall hear and determine the matter in due form of law, and adjudge to the proper party the amount of com ensation to be paid therefor. Said railway shall be constructed of) good Ccnstmction. materials and in a substantial manner, with the rails of American manufacture and of the most approved patterns, laid upon an even surface with the pavement of the street, with the gauge to correspond with that of the Baltimore and Ohio and Baltimore and Potomac Railroad Companies, all to be approved by the Commissioners of the District of Columbia. The tracks of said railway, the space between the tracks, and two feet beyond the outer rails thereof, which this franchise is intended to cover, shall be at all times kept by said corporation well paved and in good repair at its own expense and subject to the approval of the Commissioners aforesaid. And if mgfpirs *0 wwethe corporation shallp fail to make the necessary repairs within ten ` days after notice by the Commissioners, the repairs shall be made by the Commissioners, and the cost of such repairs be recovered by the Commissioners before any court of competent jurisdiction. It shall be lawful for said corporation, its successors, or assigns, to operate its said road by steam, horse, or electric power. It shall also e lawful M<>¤ive power. for said corporation, its successors, or assigns, to erect and maintain, at such convenient and suitable oints along its lines as may seem most desirable to the board of directors of said corporation, and subject to the a proval of the Commissioners of the District, an engine-house or houses, boiler-house or houses, and all other buildings necessary for the operation of a steam, horse, or electric motor railroad. The main line of said road shall be completed within two commencememma years from the passage of this act; and if Work is not commenced °°"“’l°°‘°“· and prosecuted in good faith on the main line in six months after the passage of this act, then the privileges and powers granted herein to said cor ioration shall be void. Sec.  'l'hat the capital stock of said company shall not exceed Capital stock fifty thousand dollars and be not less than twenty-five thousand dollars, in shares of fifty dollars each; but if said company shall find it necessary to purchase or construct barges and tug-boats then the said company shall have the right to issue additiona stock or bonds, not _ exceeding iiftv thousand dollars: Provided, however, That no bonds ggggm shall be issued hereunder until at least fifty pler centum of the capital stock shall have been actually paid into the treasury of the company upon stock subscriptions, an that no bonds shall be issued for