Page:United States Statutes at Large Volume 28.djvu/748

 FIFTY-THIRD CONGRESS. Sess. III. Ch. 167 . 1895. 719 by any of its contracting agents, to any of said mains, fixtures, or apparatus, and in completing, 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 necessarv for the safety of said mains, fixtures, or apparatus; and the said comipany shall also deposit as aforesaid such further sumsfor said purposes at such times as the Secretary of Warmay consider necessary: Provided, Previws- That the said sum shall be disbursed like other moneys appropriated D“b“”°m°"t‘ for the Wasliington Aqueduct, and that whatever shall remain of said deposits at the end of one year after the completion of said railroad in such street 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 Ordersemergency, be made only on the order of the Secretary of War. Sec. 10. That it shall also be lawful for said corporation, its suc-- nnginc houses.etm cessors or assigns, to erect and maintain, 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 orhouses, boiler house, and all other buildings necessary for the successful operation of a cable—motor, electric, pneumatic, or other railroad. Sec. 11. That the line of· the said railway company shall be com- c f_°¤f'€P¤°°¤*°¤°¤¤•* menced within one year and completed within two years from the ° P ° m` passage of this Act. Sec. 12. That the said company may run public carriages propelled M°“"° P°w°'· · by cable, electric, or other mechanical power; but nothing in this Act shall allow the use of steam power in locomotives: Provided further, Pmmcc. That for the purpose of making a continuous connection, the said com- C'°"*"g°· pany shall have the right to cross all streets, avenues and highways that may be deemed necessary for this purpose: Provided, That when- Use of ccinciinng everthe foregoingroute or routes may coincide with the route or routes of m°k¤· 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 to use such tracks in common, upon such fair and equitable terms as may be agreed upon by said companies; and in the Terms. 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 compensation to be paid therefor: And provided further, Nogeneralstopplng That neither of the companies using such track in common shall be {figs °¤ °°*"°***”K 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 the ordinary passage of its cars, with the ordinary halts for taking up and dropping off passengers: Provided, That this shall mining stations. 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 that this corporation shall construct antl repair such portions of its road as may be upon the line or Rap,.;,-,_ nc, routes of any other road thus used; and in case of any disagreement with any company whose line of road is thus used, such disagreement may be summarily determined upon the application of either road to any court in said District having competent jurisdiction. Sec. 13. That the said company shall furnish and maintain passen- P=¤¤¤¤z¤r ¤¤¤¤¤¤- · ger houses as required by the Commissioners of the District of Columbia, and shall place iirstclass cars on said railway with all the modern Bquipmeumew-