First. The average number of cars run per day, and the average receipts per day for each. Second. The average running expenses per day for each car. Third. The gross receipts and expenditures for each year. Fifth. The par value of each share of stock, and the number of shares which have been issued. Sixth. The number of shares originally issued and what number of shares Lave since been issued. Seventh. What amount was paid in upon each share, and what amount, if any has since been assessed, or paid thereon. Eighth. The amount of dividends paid on each share for each year. It is the request of the board of audit that the statement made upon the points should be under oath, and returned to this office as early as practicable. And it is also desired, if you wish to submit any suggestions bearing upon the main question, that they should be submitted in writing as early as practicable. Very respectfully, S. M. WILCOX, And they also call attention to the answer to the foregoing letter, viz: WASHINGTON, D. C., November 27, 1874. To the BOARD OF AUDIT of District of Columbia : In your communication of the 18th instant, after propounding a series of questions concerning the Columbia Street-Railroad, you invite suggestions as to the amount which should be equitably chargeable against the road for paving along and within its track. The propounded questions will be found answered in an attached paper marked A; and I now present my views respecting charges against the road for paving. I. And in doing this, it will be proper in the outset to refer to the provisions of the act of Congress of June 20, 1874, which is the basis of your inquiry and suggestions. It is in these words: "And said board of audit shall also ascertain and report to Congress, at the next session thereof, the amount equitably chargeable to the streetrailroad companies on account of paving along and within the tracks of said companies, pursuant to the charter of said companies, or the acts of Congress relating thereto. together with their reasons therefor." It is important to observe that the inquiry here authorized relates to the existing charters of the railroads, or laws respecting them, and not to possible modifications of them by future legislation. It is, too, a special and not a general inquiry. Moreover, it is one exclusively equitable. It is, indeed, simply this: Agreeably to the present charters or laws, what amount if any) should be charged against the street-railroads for paving along and within the tracks? This inquiry (as well as the law) assumes that the District has pared along and within the tracks of the road. So far, at least, as respects the Columbia Street-Railroad, this assumption is largely erroneous. 1. Before the commencement of the improvements by the late board of public works the railroad company had paved the entire length of its road between the rails with "cobble stone," and except by the changes of grade by the board this pavement Fas not been disturbed; and where it has been, the necessary repairs have been made by the road. 2. From Ninth to Fourteenth streets there is no pavement "along" the track. Between these points the road runs through parked ground. As regards, therefore, the pavement within the track and outside of it, from Nintl. to Fourteenth streets, there is no foundation for the inquiry. For it certainly could not be "equitable" to charge the railroad company for a pavement which it has put down at its own cost, and for one "along" its track where none exists. II. From Fourteenth to Fifteenth streets, and from Ninth to Boundary, pavemen's exist, and have been put down by the District "along" the track. But does this tact render it just or equitable for the company to be charged with any part of the cost of the pavement? The answer, for various reasons, must be in the negative. Some of them may be appropriately mentioned: First. The charter of the company existing at the time of the construction of the pavement, and still in force, did not require the company to pay for paving “along" the track of its road. On the contrary, by reference to section 5 of its charter, (16 U. s. Stats. at Large,) it will be seen that the company is required "to keep" not only its track but also a space of two feet beyond the outer rail, in the city of Washington, at all times "well paved" and in good order, without expense to the United States of the city; and outside of the city well graveled or paved and in good order. The rule of law is that "the express mention of one thing implies the exclusion of another." (The R. & G. Railroad Co. vs. Reid, 13 Wallace, p. 270.) And by the cited section the road is required not to pare or pay for paring, but to keep in repair. And this is a special burden on the road which can be enforced, and. was by the late board of public works. It is one, also, which has involved a heavy outlay, and which will continue to do so. It thus appears that while the charter of the road does not require it to pay for paving along its track, it does require it to repair; and this excludes the paving or payments for paving by the road. Second. No other law of Congress requires the company to pay for paving along its track.. In the 37th section of the act of February 21, 1871, entitled "An act to provide a government for the District of Columbia," (16 U. S. Stat. L., p.,) provision is made for the payment of an amount not exceeding one-third of the cost of special improvements. But this is to be charged against "property adjoining and especially benefited" by the improvements. But it will not be pretended that the track of a railroad could be especially benefited by a pavement "alongside" of it, and, if it could be, it is clear that no "assessment" is authorized against the railroad by this act. And hence the assessments have been confined, properly, to private property. Third. The act of the legislative assembly providing for the assessment of benefited property confirms this view. (Chap. xxiv, Laws First Legislative Assembly, pp. 31, 32.) Among other things, it requires notices to be issued of the assessments to "the proprietors of property," and on a failure of payment the property to be sold and deeds to be made vesting in the purchasers a good and perfect title to the property sold. Now, the road is constructed on "avenues and streets," the title to which is in the United States. Hence the company cannot be the proprietor of them. It has "a mere use of them. No sale could confer a title. No deeds could be made conveying an interest in them. The legislative assembly, therefore, did not, any more than Congress, contemplate a charge against the road for payments or special improvements. 1. As, therefore, neither the charter or any act of Congress authorized a charge against the road for paving along its track, it is manifest that none can be justly made as respects the parts of the track where the pavements have been put down. 2. And, as respects the other parts, no charges can be made, because there is not any pavement "along" them. 3. And none can be made for paving within the track, because whatever pavement exists has been constructed by the road and kept in repair-" good order"-by it. Here the consideration of the matter might terminate, for it appears that no existing law requires any charge against the road for paving within or without its track, and this of itself should be conclusive. Surely it would not be equitable to impose a new or additional burden on the road, not justified or sanctioned by any present enactment of Congress. But it may not be improper to show why such additional charges should not be made. 1. By the third section of the charter, (16 Stat. at Large, p. 134,) it is provided that the real and personal property of the road shall be taxed "as other real and personal property." This places the property of the road, as respects ordinary taxes, on the same ground as private or individual property. Is not this equality of taxation enough? And the company has been taxed as here required. Besides, a license is imposed on each car. This has been paid. Should more be required? Can equity demand more? Certainly not. By this section it is also provided that "the roads shall be deemed real estate, and as such shall be liable to taxation." This would seem to contemplate taxation of the bed of the road. But this could not have been the intention of Congress. For, apart from the fact that it would involve inequitable taxation-"additional, peculiar, and onerous burdens”— on the road, it encounters the absurdity of taxes without the means of collection or of a sale of the avenues and streets, which belong to the United States. Indeed, the fee of the avenues and streets has been so vested in the United States that it cannot part with it, directly or indirectly, and certainly not by a sale for non-payment of taxes. But whatever may have been the intention of Congress, the inquiry of the board of audit is not extended to a consideration of "omitted taxes." This belongs to others.. The inquiry of the board is limited to charges for paving under existing law. 2. That frequent and often important repairs of the tracks of street-railroads and of grounds and pavements adjacent are required in order to keep the roads in proper condition, will not be disputed. It is a truth familiar to all. The requirement that these repairs shall be made by the company releases the District and individual citizens from the expense of making them, while it imposes them on the company. Does not this deserve consideration? 3. And in this connection it should not be overlooked that individual owners of property not only have been, but will be largely benefited by the road. For, to the extent to which it has put down pavements between its rails and preserved them in order, and kept up two feet of pavement on each side of the rails, assessments against individuals have been reduced and incidental expenses diminished, and so it will continue. It has already lessened individual burdens, (as well as those of the District.) It cannot escape doing so hereafter. To demand inore would seem to be clearly inequitable. Nor should it be forgotten that the Columbia Railroad penetrated to a large extent an unimproved part of the city of Washington or District of Columbia, increased the value and consequent assessment of property, and thus added to the revenues of the District. The extent to which this has been done will appear in part from the statement marked B, to which special attention is invited. But for the enterprise of the company the property along a considerable part of this line would have acquired no additional value. Such are some of the considerations, apart from the views presented of the charter and other laws, which tend to show that it would be inequitable to charge the Columbia Railroad with further taxes or assessments. Its burdens are already heavy, and to increase them, while unjust, would seriously impair the efficiency of one of the most important enterprises in the District. It is true that up to this time the company has been successful in the accumulation of earnings and dividends;" but this has been owing to the economy and prudence with which the company has been managed. Increased expenses will, however, become inevitable, and it is well understood that profits connected with street-railroads are uncertain, and subject to fluctuation. Nor is it wise to so burden them as to take away inducements for vigilance and care and skill in their management. Very respectfully, President. H. A. WILLARD, [SEAL.] Secretary. This communication was in answer to a letter from said board, and contains statements and views which, in the opinion of the undersigned, should be fully considered by Congress in connection with the report of the board of audit, so that full justice may be done said road. And the undersigned respectfully pray that no action may be had im posing or tending to impose additional burdens on said road without allowing them a full opportunity to be heard in relation thereto. All of which is respectfully submitted. H. A. WILLARD, President of the Columbia Railroad Company. A. OFFICE OF THE COLMUBIA RAILROAD COMPANY, To the BOARD OF AUDIT District of Columbia: 1st. The average number of cars run per day, and the average receipts per day for each? Answer. From September 1, 1871, to September 1, 1872, the company ran 8 cars. The average receipts per day for each car, $12.673. From September 1, 1872, to September 1, 1873, the company ran 12 cars. The average receipts per day for each car, $8.834. From September 1, 1873, to September 1, 1874, the company ran 11 cars. average receipts per day for each car, $10.09. The 2d interrogatory. The average running expenses per day for each car? Answer. From September 1, 1871, to September 1, 1872, 8 cars run. The average expense for each car per day, $7.76). From September 1, 1872, to September 1, 173, 12 cars run. The average expense per day each car, $6.06. From September 1, 1873, to September 1, 1874, 11 cars run. The average expense for each car per day, $7.08. 3d interrogatory. The gross receipts and expenditures for each year? Auswer. From September 1, 1871, to September 1, 1872, receipts, $37,010.03. From September 1, 1871, to September 1, 1872, expenditures, $22,986.60. From September 1, 1872, to September 1, 1873, receipts, $37,961.45. From September 1, 1872, to September 1, 1873, expenditures, $26.433.29. From September 1, 1873, to September 1, 1874 receipts, $42,533.33. From September 1, 1873, to September 1, 1874, expenditures, $31,050.58. Fourth interrogatory. The actual cost of the construction of your road. Answer. The actual cost of laying two tracks, with the necessary turn-tables, stables, ́ stable-lot, depot, horses, harness, cars, (14,) and full equipments for starting, September 1, 1871, was $99,971.19; the balance, less $100,000, carried to receipt-account, $28.81 : total, $100,000. Fifth interrogatory. The par value of each share of stock, and the number of shares which have been issued. Answer. The capital stock of the company consists of 8,000 shares, par value $50 per share. Sixth interrogatory. The number of shares originally issued, and what number of hares have been issued. Answer. The original number of shares was eight thousand, (8,000,) and all issued at the organization of the company during the first year. Seventh interrogatory. What amount was paid in upon each share, and what assessment, if any, has been since assessed or paid thereon?" Auswer. Twenty-five per cent., as required by the charter, was paid in on the first subscription for the stock by the stockholders, $12.50 per share, amounting to $100,000, which assessment fully completed the road. No assessment has been made since. Eighth interrogatory. The amount of dividends paid on each share of stock each year. Answer. On September 1, 1871, the road commenced business with one track, and in October, 1871, the company concluded to put down the second track. Up to this date the company had issued only 5,350 shares of the capital stock. The balance was issued for the purpose of laying the second track-2,650 shares. The company, upon the issuing of the balance of the stock, 2,650 shares, charged the subscribers thereto $12.50 per share, and the accumulated interest, amounting to one dollar per share, realizing therefrom twenty-six hundred and fifty dollars ($2,650) as interest; which amount was placed to the credit of the receipt fund. In making the dividend for March 1, 1872, this interest was distributed, together with the receipts up to that date, proportionally among the stockholders, making the dividend for the first six months one dollar per share. March 1, 1872, a dividend of $1 per share, amounting to.... H. Mis. 93-2 $8,000 8,000 4,000 8,000 4,000 6,000 |