Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-09
from the Subtraction Of any contract between
Che complainant and the District


from the Subtraction Of any contract between
Che complainant and the District
TIE QUALITY or THE IIoHr.
The defendant, after referring TO the otIer on
which its contract with the Commissioner il
based TO furnish incandsscent electric lights Of
twenty-five candle power for the price OF els
per light per year, Lees price than that at
which the complainant furnishes its gas for
street lamps, denies the allegation OF the COM
plainant that the incandescent electric light 10
totally unat for street lighting purposes. II
denies that !. is ftful light or tina. fast loses
It's power and becomes OF less and less value
a. q light in process Of time. On the con-
trary, the defendant ayers that the lights which
II proposes TO furnish are the twenty Ave candle
power lamps furnished by the Westinghouse
electric company for use on street lighting cir
nve candle power light and have an average
NE OF 800 hours pr lamp, with no appreciable
diminution in candle power from day to
DAY, and when one has lost its candle
power 70 an appreciable extent another 10 sub
s s;snt therefor Without delay or inconvs-
nience: IL denies that the use OF this light has
been abandoned for street lighting purposes in
all large cities; but, on the contrary alleees
that the light has been and still 10 rapidly
growing in public favor wherever il has been
used, and is now in use in Pittsburg, on Staten
Island, at Plainfeld, Nj, at Portland. Ore.
at Denver, and many other places, and Is pro,
nounced by all those who have had experienced
with 1t superior to gas for street lighting pur.
poses. These lights, the answer saws, weld n
perfectly uniform and steady light, with no
nicksring whatever. The light is agreeable
than obtains in the use Of arc lamps, makes .
much more perfect system of street lighting.
In many cases these circuits are run from FIVE
to six miles for public street lighting, and the
entire system 10 easily controlled by those in
charge OF the station where the current in gener-
ated As to the fitness, desirability, useful
ness and growing popularity Of the light for
street lighting purposes the answer refers to
affidavits Of persons who have had experience
with 1t Sled IN support OF the answer.
THE GAS LIGHT.
The defendant denies, upon information and
belief, that the gas furnished TO the city by the
complainant Is % candles per lamp or that the
gas has greater candle power per lamp than
the light proposed to be furnished by defend
ant. 1t AYERS its belief that the candle power
per lamp Of the gas furnished by complainant
for street lamps during the last fiscal year aver
aged less than twenty, as appears by the report
Of the gas inspector. Even If the candle power
OF the gas was greater than that of the light the
defendant proposes to furnish that, il is argued,
would constitute no reason or ground for the
of the court by injunction or other
wise: The only inhibition on tine Commission
ers Ii that they shall not pay more for the
''other Illuminating material" than for gas.
The kind, quality and power Of the substituted
material or light is a matter, the defendant
maintains, solely in the discretion of the Com
and the court has no Jurisdiction to
review their decision in this regard
The company also sets forth that IL has
expended large sums in making preparations
to light portion of the streets Of the city, in
pursuance of it's contract, and if not allowed to
proceed 1t will be greatly damaged; that the
gas company is asking the aid Of court of
equity to stife competition and create q
monopoly, which Is contrary to good conscience
and public policy.
Among numerous affidavits fled are twenty
two from citizens OF Pittsburg and other cities
where incandcscent electric lights have been
for some time in operation, to the effect that IL
is better and more satisfactory than gas light.
THE DISTRICTS ANSWER
The answer Of the District Commissioners TO
the gas company's suit, fled by Messrs Riddle
and Davis, attorneys for the District, today, IL
in many points similar to that of the Electric
heat and power company. They deny that the
undertook for the year ending
June so, 1889, to perform the duties specified in
the appropriation act OF 1889 for all the streets,
avenues and alleys in the city Of Washington,
excepting few that had been duly assigned 10
be lighted by the United States electric
lighting company, for the considera-
ton OF $40 per annum for each street
lamp, or that that the complainant under
took to light all the streets of said city north
OF X street that lie between LIST street east and
Rock creek. On the contrary, they aver that
the said complainant undertook only to
furnish the necessary material and labor
for the efficient and satisfactory supply
OF Illuminating gas to such street lamps as
should be designated by the Engineer Commits.
sioner OF the District, the total number thereof
however, to be at no time less than 1900.
THE ELECTRIC LIGHT CONTRACT.
They admit that they have executed con-
tract with the Electric heat and power COM
pany, whereby it is agreed that the said
company Is to light a portion of the
streets Of the city Of Washington. They aver
that If said contract be carried out the total
number OF lamps to be lighted by the COM
plainant in accordance with the undertaking
between it and these defendants as Aforesaid
viii at no time be less, but at all time be more
than two thousand.
They deny that franchise is sought to be
conferred upon the heat and power company
to dig up and break up any of the streets OF the
city of Washington.
THE QUALITY OF THE LIGHT
They deny that the lighting material pro-
posed to be furnished by their codefeudaut ia
totally unfit for street lighting purposes, or
that its use has been abandoned in ali the large
cities, or that it is fitful light, or that while
at the beginning Of the period of lighting Il
may have the candle power claimed for Il IL
fast loses such power and becomes OF less value
rs light in process Of time, except as said last
averment is true, in the nature of things. of
all electric lights, and as to this they say that
such incident to the use Of the electric light is
sufficiently provided for and guarded against
BY the provisions Of the contract.
hat fbax
mmaterial whether the candle power of gas
furnished by the complainant is twenty
sight candles per lamp or light, because
The said complainant is not required to
furnish gas Of q greater candle power than
sixteen candies per lamp or light, and
hey aver the truth TO be that the reports of
he duly constituted officer In that behalf have
ong shown and now show that the average
candle power Of said gas is Of or about sixteen
candles per lamp or light and not greater.
THE ANSWER TO THE CITIZENS sulr,
The District Commissioners also fled an
answer to suit for injunction instituted last Sat-
lrday by John Cammack and other citizens.
In this answer the Commissioners state that
he Electric heat and power company is a duly
constituted body corporate, with lawful right
o transact Its business In the District of
Columbia
They aver that the contract with the com.
'any Is exclusively for the purpose |
If lighting the city of Washington.
md that under and by the terms
md provisions Of the contract the company
. given no right or power 10 use its franchise, |
" avail itself Of any Of the privileges of said
contract for any private purpose whatsoever.
They deny that great or any injury to the /