Page:United States Statutes at Large Volume 44 Part 2.djvu/1393

 SIXTY—NINTH CONGRESS. Sass. II. CH. 306. 1927. 1353 rights of way of the Philadelphia, Baltimore and Washington Railroad Company and the Baltimore and Ohio Railroad Company in accordance wi plans and profiles of said works to be approved by the said commissioners: Provided, That one-half of the total cost §f".u,‘;',;,,op.,m, of constructing] the viaduct and ap roaches thereto at Varnum 1¤¤H¤· ¤¤¤=- Street and one- alf of the total cost of constructing the viaduct and approaches thereto at Fern Street shall be borne and paid by the said Baltimore and Ohio Railroad Company, its successors and assigns, and that one—half of the total cost o constructing the viaduct and approaches thereto at Eastern Avenue shall be borne and aid by the said Philadel hia, Baltimore and Washington Railroad Clem- pany and the said Ilitaltimore and Ohio Railroad Company, their successors and assigps, in proportion to the widths of their re ective land holdings, to t e collector of taxes of the District of Cosllumbia for deposit to the credit of the District of Columbia, and the said half cost shall be valid and subsisting liens against the franchises and prolperty of the railroad companies concerned and shall consti- tute a egal indebtedness against the said railroad companies in favor of the District of Columbia, and said liens may be enforced E“‘°'°°m°°*· in the name or the District of Columbia by a.·bill in equit brought léyithebsaid c¢;)mmissiop§rs in tpe Suprsline  ofhthe liistript og um 1a, or yan o er ega rocee againstt esai rai roa companies: Providiid, That no pstreet rraitlilway company shall use ¤ii$Y.?¤°°ieql¤iim5°iSi the said viaduct or any approaches thereto herein authorized for its “‘°°"’““°‘* tracks until said compames shall have paid to the collector of taxes of the District of Co nunbia, a sum egual to one-fourth of the total cost of constructing)said viaducts an approaches, to be applied to N ummm Mmm the credit of the istrict of Columbia. No limitation s all run eauiisoznaiiice. against-ghlaims made by the District of Columbia under the provisions o t is ct. Sno. 2. That for the purpose of carrying into eifect the rovisions m`i>i°giiJ¤phiiga°`i‘°d of this Act, the sum o $405,000 is hereby authorized to be appro- priated, pa;yab1e in like manner as other appro riations, for the expenses o the government of the District o (lblumbia, and the said gcgmmissionerz are authopized to expend such sumdor suéns as may necessary or persona services en ineering, an inci ental expenses. The said commissioners are furtlier authorized to amgiire, iuiiqumu mm, out of the appropriation herein authorized, the necessary lan, or any portion o the same, by purchase at such price or prices as in their judgment they may deem reasonable and fair, or, in their discretion, by condemnation in accordance with the provisions of C0¤d,m,mm_ subchapter 1 of Chapter XV of the Code of Law for the District V¤1·34.x>-151- of Columbia, under a proceeding or proceedings in rem instituted P,,,,,,_ in the Supreme Court of the District of Colum ia: Provided, That °,Y_j<>¤¤¤1;mw¤g¤_;:d¤:1({ of the entire amount found to be due and awarded by the jury as ¤¤¤§§Q°-xsi beans. damages for, and in reipect of, the land to be condemned to carry the provisions of this ct into efect, plus the costs and expenses of the roceeding or roceedings taken pursuant hereto, not less than one-haljf thereof shali)be assessed by the jury as bene’dts, the amounts collected as benehts to be covered into the Treasury of the United States to the credit of the District of Columbia. Subway. avmm Sno. 3. Hereafter the Commissioners of the District of Columbia authorizedtoellmlnate are authorized, whenever in their judgment it may be necessary for §§,§’,°§g;i'”,’5';'};’ €{,§{,‘,{ the public safety, and subject to appropriations to be made therefor mw b;“g by Congress, to construct subways or viaducts and apppoaches ers. thereto, m accordance with plans and profiles of said wor to be approved by them, to carry any street or highway crossing at_grade any line of steam railroad track or tracks in the District of Co umbia, or any street or highway within the District of Columbia now or hereafter planned or projected to cross any such line of