Page:United States Statutes at Large Volume 28.djvu/525

 ,496 FIFTY-THIRD CONGRESS. Sess. II. Ch. 318. 1894. may be incurred by the United States in connection with the inspection of the work of construction of said railroad on such street, and in making good any damages done by said company, or its works, or by any of its contracting agents, to any of said mains, fixtures, or apparatus, and in complctin g, as the Secretary of War may consider necessary, any of the work that the said company may neglect or refuse to complete, and that the•Secretary of War may consider necessary for the safety of said mains, iixtures, or apparatus, and the said company shall also deposit as aforesaid such further sums for said purposes at such times "r¢>m¤·· as the Secretary of War may consider necessary: Provided, That the D”b°”°m°m` said suui shall be disbursed like other moneys appropriated for the Washington Aqueduct, and that whatever shall remain of said deposits at the end of one year after the completion of said railroad in such street Return <>fb¤1¤¤<=<>· shall be returned to said company on the order of the Secretary of War, with an account of its disbursement in detail: And provided also, That disbursements of said deposits shall, except in cases of emergency, be "““""° "g""°· rights by this Act granted are to terminate at the pleasure of the Secretary of War in case of persistent neglect by said company, or by its successors, to make the deposits, or to comply with any of the conditions, requirements, and regulations aforesaid. Engine, eaemeueee. Sec. 9. That it shall also be lawful for said corporation, its succcs- ` sors or assigns, to erect and maintain, upon private grounds, at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said corporation and subject to the approval of the said Commissioners, an engine house or houses, boiler house, and all other buildings necessary for the successful operation of a street railway. Commencement and Sec. 10. That the said railroad shall be commenced within one year ’°°'“"°°‘""‘ and completed within two years from the passage of this Act. U n d ¤ r z r ¤ ¤ ¤ d Sec. 11. That the said company shall run street railway cars pro- "’°]3'fZ,`§;,,,,,_ pelled by underground cable or underground electric power: Provided, Cf°¤¤i¤g¤· That for the purpose of making a continuous connection over the route hereinbefore described and designated the said company shall have the right to cross all streets, avenues, and highways that may be along the tree of coinciding designated route: Provided, That whenever the foregoing route or ‘*'*’°k’· routes may coincide with the route or routes of any duly incorporated street-railway company in the District of Columbia the tracks shall be used by both companies, which are hereby authorized and empowered Terms. to use such tracks in common, upon such fair and equitable terms as may be agreed upon by said companies; and in the event the said companies fail to agree upon equitable terms, either of said companies may apply by petition to the supreme court of the District of Columbia, which shall immediately provide for proper notice to and hearing of all parties interested, and shall have power to determine the terms and conditions upon which and the regulations under which the company hereby incorporated shall be entitled so to use and enjoy the track of such other street railway company, and the amount and manner of com ’ No ge¤m1e_re;ipi¤g pensation to be paid therefor: And provided further, That neither of f§;*j,*;;_ °“ °°‘“°"*“‘¤ the companies using such track in common shall be permitted to make the track so used in common the depot or general stopping place to await passengers, but shall only be entitled to use the same for ordinary passage of its cars, with the ordinary halts for taking up and dropping Stations existing. ot}' passengers: Provided, That this shall not apply to or interfere with any station already established on any existing lines; that said corporation is authorized and empowered to propel its cars over the line of any other road or roads which may be in the alignment with and upon such streets as may be covered by the route or routes as prescribed in this Act, in accordance with the conditions hereinbefore contained; and Jzepeu-e, em. that this corporation shall construct and repair such portions of its road as may be upon the line or routes of any other road thus used; and in case of any disagreement with any company whose line of road is thus
 * <eg1eer,e¢e.,¤e cer- made only on the order of the Secretary of War. The exercise of the