Page:United States Statutes at Large Volume 28.djvu/247

 218 FIFTY-THIRD CONGRESS. Sess. II. Ch. 189. 1894. pleadings and proofstherein contained, and such other proof in the course of said.hcaring as said court may determine to be necessary in order to dispose of the case upon its merits, what, if any, indebtedness is due to the District of Columbia irom the said railroad company in respect of the cause of action stated in the declarations tiled in said v case, assuming that due and proper notice has been given to said com- _y,,dg,,,,,,,t_ pany of all acts required in the premises, and to enter judgment against said company in favor of the District of Columbia for any sum or sums of money that said Court of Appeals shall find due from'sa1d company in respect of said cause of action, for the amount of which said judgment execution may issue out of said court, and said judgment shall immediately become alien upon all the property of said company, to be enforced in the manner now provided by law for the enforcement of other liens, and shall be paid within ninety days from the date thereof: 1—»mm. Provided, That unless said company shall file in said Court of Appeals ,,,:.{‘"°' °’ °°"" its consent in writing to the aforesaid transfer of the said case, and also a waiver of all its rights and defenses under the statute of limitation and from want of notice as hereinbefore provided for, and also a waiver of all rights, benefits, advantages, and defenses that it has or may have by reason of the decision and judgment of the Supreme Court of the United States made and entered in said case within thirty days after the approval of this Act, then all rights granted to said company by ·¥¤¤¤¤=<*¤* ml- this Act shall cease and be determined: Provided, That the judgment of the said Court of Appeals shall be final and that there shall be no 0**9** appeal therefrom: And provided further, That the cost of said transfer and of the hearing of said case in the Court of Appeals shall be paid by said railroad company. nmgjm °°¤· Sec. 5. That the Metropolitan Railroad Company is hereby authorized and required immediately to make reciprocal transfer arrangements with street railroad companies whose lines now connect with its lines, and to furnish such facilities therefor as the public convenience m*:¢gP¤‘°¤=•l me 0* may require. Upon the completion of the underground electric system ` provided for in this Act the said Metropolitan Railroad Company is hereby further authorized and required to enter into reciprocal track- €<>¤¤1>¤¤¤¤¤¤¤» ew age arrangements with connecting roads. The schedules and compensation shall be mutually agreed upon between the said Metropolitan Railroad Company and the companies with whose lines its lines connect; and in any case of failure to reach such mutual agreement, the matters in dispute shall be determined by the supreme court of the Dis- Qqgngm um to trict of Columbia, upon petition filed by either party: Provided, That transfer withaccnnect- every street railway company in the District of Columbia whose lines ‘“¤"“°”· connect, or whose lines may hereafter connect, with the lines of any other street railway company, is hereby subjected to the same require ments as to transfers and trackage arrangements, and upon similar conditions, as in this section provided in the case of the Metropolitan Rzglroad Crlolmpany and the lines connecting therewith. TM an failure to nc. 6. at on and after one year from the a roval of this Act th °“""*“ '"°‘"° ’°"°"· Metropolitan Railway Company shall pay to theplgistrict of Columbiaa in addition to all other taxes now required to be paid by said company, an annual tax of five hundred dollars for each and every car operated by horses on that portion of its lines known as the Ninth Street lineand on and after two years from the approval of this Act the said rail: way company shall pay, in addition to all other taxes now required to be paid by said company, an annual tax of five hundred dollars for gash and every car operated by horses on any line owned or controlled y the said company. Amendment, an Sec. 7. That Congress reserves the power to alter, amend, or repeal this Act. Approved, August 2, 1894.