Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-09
THE ELECTRIC LIGHT SIDE.
Replies Made Today to the Gas Conn
pany's Suit for an Injunction.

RANY DINIED--rHx QUALITY OF TIE LIGHT.
Chief Justice Bingham returned to the city
today for the purpose mainly, il is understood,
Of hearing the injunction suits begun against
the District Commissioners and the Electric
heat and power company TO prevent the carry
ing out Of . contract made by the Commission
ers With the Electric heat and power company
TO light with incandescent lights the streets Of
the city north of K between LIST street east and
Rock creek. The FIRST application for injunc-
ton was that fled by the Washington gas light
company. Another was fled Saturday, as stated
in TIE STAR, by several citizens Of the Dis
trict Today the answers of the District and
of the Electric heat and power company to the
gas company's suit were fiied- The hearing OF
this case, 1t il understood, will take place be-
fore Judge Bingham tomorrow and the suit be-
gun Saturday viii be heard Wednesday.
TEE REPLH OF TIE HEAT AND POWER coAPANH.
Messrs. Cole Cole and N. Dumont for the
Electric heat and power company fled today .
separate answer to the gas company's suit. In
this answer the company sets forth its belief
that court in equity has no jurisdiction OF the
matters set forth in the bill of complaint, but
that If the complainant has any remedy it is at
law. After referring to the provisions in the
appropriation act respecting the lighting of
the city the defendant maintains that there 10
nothing in the law referred to manifesting an
intention on the part Of Congress that the Dis
trict Commissioners should make a contract for
the lighting of the streets for the whole fiscal
year subject only to their power TO terminate
such contract for the default of the other
party thereto. On the contrary the COM
pany holds that there IL no inhibition in the
law against the making Of such contract by the
Commissioners for any period of time less than
one year. and that there is no requirement in
the law that the Commissioners should exer-
else the discretion thereby conferred on them
OF using illuminating material other than gas
before entering into an annual contract. II il
is intended to be alleged that the Commission
ers have no legal right, after entering into .
contract, to violate it before the other party
thereto has done so, the same is admitted, but
1t Is denied that il such violation should take
place the remedy therefore would be in equity
for an injunction; on the contrary, it is held,
the only remedy would be an action at law for
damages.
NO CONTRACT But LETTERS.
The defendant denies that the inference that
the laws require an annual contract to be en-
tered into is properly deducible from said laws
Upon information and belief the defendant
denies that on the first day Of July, 1885, or at
any other time the complainant, at the instance
OF the Commissioners, or otherwise, undertook
20 light all the streets, avenue and alleys in the
city, except the fee assigned to be lighted by
the United States Electric light company for
the year ending the 30th day of June, 1890. It
believes that it is true that since July i it has
been lighting portion Of said streets, avenues
and alleys without any express contract there
for, and that the only arrangement that has
existed between the complainant and the Com
missioners since July in relation to lighting
Of streets consists of letters which passed be-
tween them and which do not constitute
binding contract. If such letters did
constitute q contract the answer asserts
that they contain no specification Of localities
where the complainant is to furnish lights or
the number to be furnished. Even if this cor
respondence could be construed as continuing
in force the contract which was made between
the Commissioners and the complainant for
the preceding fiscal year, the defendant is in
formed and believes that that contract does not
specify any particular locality where complain.
ant was to furnish lights, but requires the COM
plainant to furnish them on such streets, ave-
nues and alleys as the Commissioners may from
time to time specify, the only limitation being
that the number shall not be less than 1000.
The defendant believes that there are 4.435
street lamps in the city and only about one
third OF that number is situated in the territory
in question-an the streets north of X
between LIST street east and Rock creek
and even il the contract for the last year were
now in force it would be no violation of it, on the
part of the Commissioners, to permit the de-
PENDANT to light the streets in the part Of the
city mentioned. The defendant denies that
the duty or right of lighting the streets in the
section specified in the contract, between itself
and the Commissioners, had or has been as
signed to the complainant, either before OF
since the making Of said contract; or that il the
contract mentioned be carried out the appropri-
alton for lighting streets will fall short BY many
thousands OF dollars or any sum whatever Of
compromising the complainant for services ii
has bound itself to perform.
THE CONSTRUCTION OF THE ACT.
~ lafo holI
construction Of the appropriation bills for
street lighting for the year 1886, and the SUBJ
sequent years, is incorrect and untenable. Each
Of these acts, the defendant AYERS, fixes
maximum price to be paid for gas and then
confers upon the Commissioners the discretion
to substitute therefor any other illuminating
the only Limitation being that they
shall not pay more therefor than the maximum
price for gas; except that in the bills for 1886
and 1881 the commissioners are permitted to
use PIC. 900 and $40, 900 respectively for cleo
trio lighting without limit as to price. Instead
of these provisions indicating that, by the con-
struction Of Congress, electric lights were not
included in the term ''other Illuminating ma
teriai' as alleged by complainant, the defend
stood it to be included therein and selected
1t a. the only illuminating material"
upon which no limit OF price was
placed, which amounted to o command by
Congress that at least the sums mentioned |
should be used in introducing electric lights. |
In this connection and as evincing the growing |
favor with which Congress regards electric /
lighting, attention Is called to the fact that in
each year since 1886 the appropriation for this |
purpose has been increased $4,000 The de- |
PENDANT maintains that under the legislation |
referred to the Commissioners have been and |
are at liberty to substitute electric lights for /
gas whenever and wherever in their discretion |
it seems most for the public good to do so. |
provided only that the cost thereof does not /
exceed the cost OF gas, except in cases where /
Congress has especially authorized such ex-
cess.
TIE EXCAVATION OF STREETS
The defendant denies that by the contract |
between the Commissioners and it, franchise
Is sought to be conferred upon the defendant |
to dig into and break up the streets of the city.
II admits that IL is to make excavations into
such streets, avenues and alleys and at such |
places and in such manner as the Commission
ers may approve and under their supervision
and control for the purpose of constructing
conduits and laying wires underground for the |
purpose Of enabling the defendant to light the /
streets and for no other purpose whatever. II |
Is admitted that the defendant on the 18th day
OF July, 1888, was operating no wires in the |
District, but 1t is maintained that the
placed by complainant on
the act OF Congress OF July 1s. 1888.
Is erroneous. The object Of the act named and |
Of the act Of March q, 1889 it is maintained.
was to require overhead and surface wires to
be placed underground and to prevent persons
md corporations from acquiring easements in
the sfreeta for rriyato rurx>osae GA 4k.x AZ. |