Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-07-27
CITY AND DISTRICT.
ELECTRIC WIRE CONDUrTs.
Power Of the Commissioners to Author
lie Opening Of Streets to Lay Them.

Power Of the Commissioners to Author.
lie Opening Of Streets to Lay Them.
COMMISSIONER RAYMOND APPROVES TIE CONTRACT
WITH TIER KLEcTRIo LIGHT AND PowKa cox
NEUTRALITY-SUSPICIOUS. OF OPINION THAT TIL
COMMISSIONERS HAVE THE RKouBIrE PowIR
There promises to be q contest over thf
action of the Commissioners in allowing the
Electrical light and power company to tear ur
certain of the streets of Washington and lay
their conduits for the purpose of supplying the
city with electric lights. 1t viii be remembered
that during the term Of Office of the last board
this company submitted proposal to light the
city at a rate greatly below that paid at that
time to existing gas and electric light COM
panies. Their offer was refused, the
Commissioners holding that they would
give no permission to tear up
the streets without express authority from Con-
gress. Some days ago The company above re-
ferred to made another attempt to introduce
their system and. as heretofore stated IN HE
STAR, was successful
The matter, however, before the Commission
ers decided TO allow the introduction Of the avs
tenn, was first submitted to Maj Raymond for his
report upon the subject. The major looked
into the subject at great length, studied the
advantages and disadvantages to be derived
~. itks
following opinion to the Commissioners, with
the Recommendation that the attorney for the
District be called upon for an opinion az TO the
Commissioners power in the premises.
MAJOR RAYMoSD's RECOMMENDATION.
The following is Major Raymond's recon-
mendation in full: 81 return herewith the let
ter of Mr.. G. II. Jackson, president of the
Electric light and power company Of the
United States, dated June 1s, 1889, offering to
furnish public electric lights for certain Por-
tions of the city Of Washington, with the fol-
lowing remarks: have no doubt that sys-
tenn Of incandescent electric lighting is the
system best adapted to the illumination of the
residence streets of this city such as are
iRsiaded in .v. this proposition, The
system in the world. II has been employed in
O very large number of cities with the most
satisfactory results. The possibility of operat-
ing the lights by underground conductors has
been thoroughly demonstrated. The cables
and conduits proposed are in all respects salts
factory. The price Of els per light per year is
less than the District pays for gas and kerosene
lamps. The lowest offer for incandescent light
ing which have been able to obtain from the
United States electric lighting company, which
holds the existing contract for public lighting.
is 1898 per year-nearly three times as great
as this offer. The illumination proposed is 25-
candle power in place of 16-candle power which
We now obtain from gas.
II believe this company to be thoroughly re-
liable and capable of executing satisfactorily
the work il proposes to do. Furthermore. al
though the great privileges enjoyed by the ex-
istlng company of furnishing private lights
cannot be granted this company under existing
law, am satisfied that the service they pro :.
pose can be rendered at the price named with
out loss and probably with q moderate profit.
II the law permits, believe it to be very
greatly to the interest of the people of WASH
ington that this offer should be accepted. If
it be accepted 1 recommend that the condi-
tons imposed in the specifications recently
submitted to the United States electric lighting
company, so far as they are applicable to an in
candescent system. be insisted upon
II request that the following questions be sub
mitted to the attorney of the District for his
opinion: l. Have the Commissioners the power
TO authorize the laying Of electric wires under
the streets for public purposes only, or are they
prohibited by the provisions of the appropria-
ton act Of March 2, 1889, from authorizing the
laying of such wires even for public purposes
unless they are now overhead? q fhe pro-
posed contract would be made under the para
graph of the act of March 2, 1889. making ap-
preparations for gas lighting, which provides
that the Commissioners are authorized in
their discretion, to substitute other illumina-
ting material at the same or less price, and to
use So much of the sum hereby Appropriated
as may be necessary for that purpose" II the
Commissioners desire to employ as the illumi-
mating material n carbon ilament heated by
current of electricity, does this provision Of law
empower them by implication to authorize
such structures under the public streets as NAV
be necessary for this purpose?"
OPINION OF ATTORNEY DAVIS.
Assistant Attorney Davis looked into the
matter and submitted the following opinion
relative to the Commissioners power.
Il have considered the offer of the Electric
light and power company to furnish public
electric lights for certain portions of the city
Of Washington and the memorandum of the
Engineer Commissioner Of the Goth instant in
reference thereto.
''The opinion of this Office is requested upon
the question whether you have the power to
authorize the laying, for public purposes of
electric wires under streets in which such wires
do not at present exist, either underground or
overhead. notwithstanding the provisions Of
the act of March 2, 1889, which appears to au-
thorize the laying of such wires Underground
only in case they existed overhead at the time
Of the passage of the act.
1T can scarcely be doubted that, should you
deem it proper and the necessary appropria-
tions be found available, you might light the
streets Of the city electrically, and for that
purpose lay underground the necessary appa-
ratus, for IL seems clear that the provisions
Of the act referred to were intended to apply
only to cases of laying the public streets under
seryitude for private purposes The question
that presents itself is simply whether you NAV
do through contractor what you may thus do
through your own employee
"Inasmuch as the direct and only object In
view is TO secure public lighting / am of
opinion that you may contract therefor and
may authorize your contractor under proper
conditions and limitations, to utilize the
public streets for your purposes, even though
such involves the laying underground the nee
essary conduits and other apparatus. And if
were less certain than / am on the subject
should recommend that, il in your judgment
advisable, you exercise the power as its ex-
ercise in good faith viii raise for consideration
and determination question which would
otherwise be left without solution"
DISTRICT GOVERNMENT.