Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-09-03
CANNOT HAVE A PERMIT.
An Electric Railway Company which
Has Mes Yes Been OrganfxeA.

Mai RAYMOND cut q Gordian knot to-day. Il
was a new overhead wire problem As stated In
Saturdays STAR the Commissioners have been
considering the application Of the Incorporators OF
the Georgetown and Tenleytown Railroad to erect
poles for its proposed electric road This road
was TO run the whole length OF High street. West
Washington. and then 80 on private property
alongside OF the Tenleytown road August 2s.
Messrs r II. Goldsborough, o. c. Green ana w.
W. Burchell representing the incorporators OF the
roao, wrote 10 the Commissioners as<ing
operation OF the road by the overhead
electric system. The iucorporators proposed TO
make use OF the sprague motor system, IN use In
richmond, involving q pole line along the curb
AZ Major Raymondss suggestion the matter was
referred to the attorneys ONCE for opinion TO
Mr.. Il. Z Davis assistant attorney, rendered an
opinion as follows: ssThe companys act OF tncorpo-
ration gives it authority TO construct and lay down
railway with the necessary me
ehanical devices for operating the same by .
electric power II seems clear 70 me that this
tSs aaLnorizes tne construction ana use oy
which may be necessary To operate electric
power. The act gives the company authority also
the power to be used. The right TO approve tho
construction or the railway and the conduits Is
given the Commissioners. but In my opinion they
company In respect OF selecting motive power OF
determining the particular mechanical device by
which it shall be operated. or course any struc-
pany's plan VIII fall under the general laws and
regulations and 20 that extent the company Is
subject TO the authority OF the Commissioners.- v
Unoer this opinion the Commissioners apparently
had no option but to issue the necessary permit
The matter. however, was further considered by
the Engineer Commissioner, and to-day he made a
report on the subject " the full board as
Ioliows: "The tncorporators OF the Georgetown
and Tenleytown Railway Co., In behalf OF whom
tnls applcatfon Is made, have, In my opinion, no
powers other than TO organize the company IN con-
Iormity with the provisions OF the act OF incorpo
ration / doubt their authority to select the mo-
ave power, TO commence or contract for the con-
strucuon or any portion OF the railway apply for
or accept permits or bind the company by accept
Ing the conditions always imposed by the Commits
sioners when permits are issued. Section OF the
ACT Oh incorporation provides that the govern
ment and direction Of the affairs OF the company
shall be vested In the board OF directors &C. am
OF the opinion that the Commissioners cannot
legally issue any permit 10 the Georgetown and
Tenleytown Railway Co. until the board
application has been made by SAID
board or its regularly authorized of1cers" The
attention OF Mr.. Davis having been called t. the
new phase OF the question presented by Major
haymonds report he endorsed on the papers tho
following: I'm my opinion the point made By tho
mlssloners thereupon refused the application
Major Raymond stated TO q STAR reporter that
the Georgetown and Tenleytown Company was
not yet In existence. The Importance OF this de.
caslon by the Commissioners lies In the fact that
The company cannot be organized Until after the
18th inst, after which date the Commissioners
are foroldden BY law 10 permit the erection OF any
overhead line OF wires The books OF the company
VIII not close for eight days yet So It is said at
the District buildings the new company will have
70 get further legislation or give up the idea u
using an overhead wire.