Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-12
THE ELECTRIC LIGHT SUIT.
The Arguments Continued Before Chief
Justice Bingham Today.

Chief Justice Bingham, sitting in the Gen.
eral Term room today, heard the continue
ton Of the argument IN the cases Of the
Washington gas light company and Cam
mack ct al against the District Com
missiousrs and the Electric Light, Heat and
Power company 10 restrain the defendants
from substituting incandescent electric lamps
for the ga lamps now in use in that portion Of
the city bounded by List street west Z street
northwest, Rock creek and Boundary street.
The two tables ct which counsel sat
we're piled high with works Of reference
ana iega! authorities and the volumes had over
Moved the bounds Of the walnut squares 10
such an extent that two long seats were crowded
with shsepskin-covered literature of . ponder
Gus and dry nature.
NR. wonrHNorox's POSITION.
Mr.. Il & Worthington, who represented the
ciazens, Cammack and others, opened the
argument and held that the oct Of 1888 cas-
stat, S2S), prohibited the Commissioners from
authorizing the laying of any under
ground wires except those now over
mead Ihis act stood unamended-
missioners have the right 10 put down electric
conduits and wires TO illuminate the city, they
cannot give that right 10 anybody else. As 10
the right OF Cammack and other citizens as
taxpayers, TO ask for an injunction, Mr.
Worthington read authorities to the ef-
rect that where municipal authorities
are about to pay out the funds Of the munich
pality in any Illegal way any taxpayer for him.
self and others, may have the proposed illegal
expenditure enjoined by q proceeding in equity
NR. DAVIS FoR THE DISTRICT.
Mr.. Worthington finished speaking at IL
o'clock and the attorney for the District, Henry
E. Davis, commenced for the defense. Mr.
Davis held that the Commissioners could tear
up the streets Of Washington and dig them
from end to end for the purpose Of lighting
the city, and quoted from . decision OF
the Supreme Court Of the United States
to sustain his argument. Then he read from
the statutes to show how Congress had hedged
things about with regard to the collection Of
taxes and the disbursement of the aggregate.
possibility and the decisions which had
been read from various states were
OF no effect in this matter. On the
question OF what was illuminating material Mr..
Davis was very forcible and he INDUCED in q
little sarcasm at the expense of Mr.. Worthing-
ton, who had. he said, talked Of the possibility
OF lighting the streets Of this city with oil
lamps, claiming that the Commissioners either
had to use gas or oil This argument, Mr..
Davis said, was
% LuDIcRoUs AZ TO BE oRorEsoUE.
The idea Of lighting the streets Of the capital
OF the United States with oil was absurd, yet
counsel of the other side in this, the twilight of
the nineteenth century, talked of
oils and debated Of fatsl And he
did 1t, too, with o straight face; he
would have mado his fortune on any stage"
The argument was then to show that Congress
when it said 'other illuminating material"
meant electricity, and Mr.. Davis challenged
the counsel on the other side to name any
other light than electricity which Congress
could possibly have referred to in the appro-
priation act
III Congress intended to wipe out the gas"
said Mr.. Davis.
BLOW it out, 'interjected Mr.. worthington.
well, blow it out" laughingly assented the
attorney for the District and then he con-
Guided, "n Congress % intended what could
the Commissioners substitute therefor?"
There was no response, 90 Mr. Davis went on to
state that
THE GAS COMPANY HAD NO STANDING IN COURT
because it had no contract The company
claimed that the statute was their contract but
he argued that such was not the fact He then
turned to the bill Of the tax payers.
who were. he sarcastically remarked, so
much quicker to perceive what was
Of the city than the great majority Of the resi-
dents OF the capital. Mr.. Davis insisted that
the tax payers had no cause, for there was no
allegation of fraud or Of illegal burden or Of in
crease OF taxation. The tax payer could come
in only when his burden of taxation is increased
or when there is a threat to that effect
THE ONLY ALLEGATION IN THE CITIZENS BILL
was that the public streets were going to be
torn up; the compliments did not say that
their property would be damaged, they would
not not. swear sIa to D, any such statement as
denied in the answer of the Commissioners.
There would be no increase of taxation and
half the money had already been collected
These citizens claimed the right to construe an
tof Congress, and their claim had no founda-
ton.
Who has the right If We have not2" asked
Mr.. Worthington.
The accounting officers Of the United States,
placed in power ior that purpose by the Con-
gress OF the United States" replied Mr.. Davis.
A lengthy debate ensued, which
Mas ps sns Esd. in By the chic,
Webb, his honor asking for more definite in
formation as to the line Of argument set up by
Mr.. Davis. At 1880 q recess was suggested and
the court declared one until O'Clock.
THE ELEcrRIo coMPANY's POSITION
1t took Attorney Davis but few minutes in
which to close his argument for the Commits
sioners, then he gave way to Mr.. N. Dumont,
who represents the Electric heat and power
company. He took up the line of argument which
was SO strong feature in Mr.. Worthington's
plea and denied that the Commissioners were
municipal officers; they were coordinate OFF,
sioners Of patents, pensions, &c. He insisted
that the material used in producing cleo
trio light wcs Illuminating material as much
as was hydrogen. Mr.. Dumont read
from q scientific journal to show the superior
IL l. AZ