New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-28
81 600 The owner Of Maud s. thus parts with Two
glt-edgcd bred colts, and Mr.. wflicts secures TWO
promising Youngsters deep In producing hines
THE STATE AND THE WIRES.
JUSTICE LAWRENCE MAKES THE ISSUE
CLEAR
THE PEOPLE HAVE ORDERED THE WIRES foI
UNDERGROUND AND PROVIDED BOARD TO
no 1r-ExPrRT TESTIMONY AND THE
TINTED STATES COMPANY'S CASE.

UNITED STATES CoMPANY'S CASE
Argument was heard by Justice Lawrence in the
Supreme Court Chambers, yesterday on the motion
made on behalf OF the United states
Illuminating Company to continue mo III
junction to restrain the Board OF hisc-
fical Control from interfering with the company
I'm any way until an adequate substitute has Dcen pro
vIded beneath the streets for the prescn' o'eIa,a
system of the company. William Alton buucr'
Thomas Hubbard and John hoffman appeared ioi
the nIa,ntR and William N. Cohen, william & run
and Assistant Corporation Counsel Turner TOT Iho
Board On behalf of the company IL Is cha'seu 'n
the Commissioners have not dealt larry Win 'no WIN
MANY while they have extended faVors 10 o.hoi GUM,
onIce The company's afidavts set forth that while
o,hor counanies have received all they wanted tho
anpcatons of this company have been re]ecueu' 'na'
tho commissioners declined to permit IL to put us
wires IN the subways except through the instrument
tautv of the subway company, ana that inc PlooS
charged for the use OF the subways were SO eceSs'o
that the plaintiff found it impossible 10 use inc con-
Quits The expense Of using the suoways TO THIS com
pany It IS asserted would amount TO between S'oooo
and $50 900 annually.
Among the voluminous papers In the case are sew
eral afidavits by experts electricity. some Oh
these presented on behalf of the company, declare
that the subway system is entirely Inadequate anu
that no system has yet been invented whlch Is iir
substitute for the overhead system Experts Tor te
Commissioners, on inc contrary, dSsSItC'A '4"N Wv
way system as adopted all that could be desired
Justice Lawrence said that It was doubtful whether
the court lad the power to review the decisions OF te
BOARD. and that this proceeding seemed TO MAKE the
court decide as an expert in electricity where INVERSE
views were presented by the experts on either slue'
He declared that If tho court had the power 10 ihe
fore with the Board in this way It was an cxtaordi-
nary power The Judge, however, Listened pauehuy
TO the reading of the afidavIts which was not com
Melted when tho hearing was adjourned until to-day
In recponse TO an order requiring tho ofhcers OF inc
roard 10 show cause Why they should not DC puisheu
for contempt for cutting wires belonging 10 INC CUM
many. Mr. Trull stated that tho wires had not pech
cut by order Of the Beard, but by drecuon Vi
hureau OF the Department Of Public WORKS. Af'cr
hearing more at.ldavits read, the Judge said
qb. neor,e have said Put your wires underground
vyh.t cht have to say your plan is mpaccshle'
There are certain things viii stick out In every apr
cation This thing sticks out In yours your compa9
s the creation OF the laws OF the Stats Of NewYork the
LEGISLATURE passed another law granting to Board the
.c,t n do certrjn things. Your company says That
Is not pracuca and therefore instead OF obeyng e pso
ple We are going with something else Ih'S - "c
ls,n common sense issue got 20 be met can
no. undertake. 70 reconcile the conflicting views Of these
expors They always differed and always VIII diner
M cannot undertake reconcile these expert views but
here is plain practical legal question The Lesl-aufe
SAYS You pus your wires underground according 70
n,an sdoptcd by q certain Board" You shy you won't
do it. EOW can L uhdeFtdhe W MY ~"' "" WI
the neople OF the State Of NewYork because you DON'T
think tina, the plan which has been adopted by The rep
resentayes OF the stats NewYor IS practcabef You
have M, before me mass Of verbage or say language
about the impossbnity Of doing this or that After all
that has been examined have got TO lay II aside have
GOT 10 INQUIRE what powers Of this Board are what
this Board has done and what your answer Is ire
spectiye OF these questions Of electricity ana Feasibility
OF lighting by one method or another
The case will 20 on to-day after the regular calendar
IL disposed of.