Mr. WADE., I move to take up for consideration House bill No. 388. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 388) to authorize the extension, construction, and use of a lat eral branch of the Baltimore and Potomac railroad into and within the DistCol. The preamble of the bill recites that it is represented to the present Congress that the Baltimore and Potomac Railroad Company, incorporated by an act of the General Assembly of Maryland, passed the 6th day of May, 1853, are desirous, under the powers which they claim to be vested in them by the provisions of that act, to construct a lateral branch from the Bal timore and Potomac railroad to the DistCol; and it is therefore proposed by the bioauthorize the Baltimore and Potomo Railroad Company to extend into and within the DistCol a lateral railroad, such as the company shall construct or cause to be constructed in a direction toward the District, in connection with the railroad which they are about to locate and construct from the city of Baltimore to the Potomac river, in pursuance of their act of incorporation. The company are to exercise the same powers, rights, and privileges, and be subject to the same restrictions, in the extension and construction of their lateral railroad into and within the District, as they may exercise, or are subject to, under and by intent of their charter in the extension and construction of any railroad within the State of Maryland; and to be entitled to the same rights, compensation, benefits, and immunities in the use of the road, and in regard thereto, as are provided in their charter, except the right to construct any lateral road or roads within the District from the lateral branch or road authorized by the bill; it being expressly understood that the Baltimore and Potomac Railroad Company shall have power only to construct from the Baltimore and Potomac railroad one lateral road within the District to some point or terminus within the city and county of Washington, to be determined in the manner subsequently mentioned. Before the company shall proceed to construct any railroad which they may lay out or locate on, through, or over any land or improvements, or to use, take for use, any earth, stone, or other materials necessary for the construction of the road, on any land within the District, they shall 1st obtain the assent of the owner of such land, improvements, or may terials, or if such owner shall be absent from the District, or shall refuse to give his assent on such terms as the company shall approve, or because of infancy, coverture, insanity, or any other cause, shall be legally incapable of giving such assent, then it shall be lawful for the company to apply to a justice of the peace of the county of Wis who shall there upon issue his warrant, under his hand and seal, directed to the marshal of the District, requiring him to summon a jury of 20 citizens of the District, none of whom shall i. interested or related to any person interested in the land or materials required for the construction of the railroad, or a stockholder, or related. to any stockholder in the company, to meet on the land, or near to the other property or materials on a day named in the war rant, not less than ten nor more than 20 days after its issue, to proceed to value the damages which the owner or owners of any such land or other of.will sustain by the use or occupation of the same required by the company, and the proceedings, duty, and authority of the marshal in regard to such warrant and jury, and the oath or affirmation to be administered, and inquisition to be made and returned, shall be the same as are directed and authorized in regard to the sheriff by the 13th section of the act of the General Assembly of Maryland, incorporating the Baltimore and Potomac Railroad Company; and all the other proceedings in regard to such jury, and the estimating and valuation of damages, and the payment or tender of payment of any damages ascertained by such valuation and the effect thereof, and of the view of any lands, or other property, or materials, as to giving the company a right to use the same for the use or construction of any railroad within the District, are in every case and in every respect to be the same as is provided in and i. the act of corporation in regard to the railroad thereby authorized to be constructed by the company; but whenever by that act the inquisition of the jury is required to be returned to the clerk of the circuit court, to be confirmed by that court at its next session, if not sufficient cause to the contrary be shown, the inquisitions under this act shall be returned by the marshal to the supreme court of the DistCol, which court shall have the same jurisdiction and powers over the subject matter as the said cir i.court would have under the act of Mary an Oi. Whenever the company, in the construction of a railroad into or within the District shall find it necessary to cross or intersect any established road, street, or other way, it shall be the duty of the company so to construct the railroad across such established road, street, or other way, as not to impede the passage or transportation of persons or property along the same; and where it shall i. necessary to pass the railroad through the land of any individual within the District, it shall also be the duty of the company to provide for such individual proper wagon ways across the railroad from one part of his land to another; but nothing in the act is to be so construed as to authorize the entry by the company upon any lot or square, or upon any part of any lot or square, owned by the U.S., or by any other body or bodies, private or corporate, or by any individual or individuals within the limits of the city of Washington, for the purposes of locating or constructing the road, or of excavating the same, or for the purpose of taking therefrom any materials, or for any other purpose or uses whatsoever; but the company, in passing into the District, and constructing the railroad within it, shall enter the city of Washington at such place, and shall pass along such public street or alley, to such point or terminus within the city as the company shall find best calculated to promote the objects of the road; but the level of the road within the city is to conform to the present graduation of the streets, unless the corporation shall agree to a different level. The rate actually charged and received on all that part of the road within the District is not to exceed 8 cents per ton per mile for both tolls and transportation, and to be the same each way; and the privileges granted by the bill are upon the condition that the company shall charge the same rate of toll upon the same articles going either way between Baltimore and Washington. The company are also to be empowered to make such special contract with any duly authorized officer or agent of the U.S. for the conveyance of the mailor the transpor.tation of persons or property for the use of the U.S., on any railroad which has been or shall be constructed by the company, on such terms as shall be approved of by the competent officer or authority; and in oinstances to receive the compensation so agreed for, according to the terms of each contract. The company may charge and receive, for taking up and setting down any passenger or traveler within the District, conveyed a shorter distance than 4 miles, a sum not exceeding 12 cents. Unless the company shall commence the lateral road authorized by the bill within 2 years, and complete it with at least one set of tracks within 4 years from its passage, then the act, and all rights and privileges granted by it, shall cease and determine. But the act is not to be so construed as to prevent the Congress of the U.S. from granting the same or similar privileges to any other company or companies incorporated or to be incorporated by the State of Maryland or by Congress, or from authorizing, by any future law, such additional railroads or roads, in connection with this road, so as to extend it, or to construct others connected therewith, to such arts of the District as from time to time may be required by the convenience of those parts of the District into which the company are now restrained from carrying their road, or from enacting such rules and regulations, prescribing o the speed of cars or carriages passing over the road, and any other matters relating thereto, necessary for the security of the persons and property of the inhabitants of the District, in such manner as to the present or any future Congress, shall seem expedient; and nothing contained in the act is to be construed to give any rights or privileges to the company beyond the limits of the DistCol. The 1st amendment reported by the ComDistCol was in section 3, lines 25, 26, and 27, to strike out the words “the said company shall find best calculated to promote the objects of said road, ” and in lieu thereof to insert “may be allowed by congress upon presentation of survey and map of proposed location of said road;” so as to read: Shall enter the city of Washington at such place, and shall pass along such public street or alley to such point or terminus within the said city as may be allowed by Congress upon presentation of survey and map of proposed location of said road.