Evening star., 1895-07-11

the legality Of the poles and wires. It
would not do he urged, for the company
to be allowed to plead that it had not the
time to obtain an extension from Congress,
Tor II that WereApermitted the laws OF
Congress might all be set aside on the
most trivial excuses. He concluded by de-
claring that the case was extremely simple.
The company is today violator of the law
and stood trying to restrain the agents Of
the law from carrying 1t into effect. The
courts all over had held that they could
NOT grant fnjuhctlons against threatened
or possible trespass. but that q writ could
lie after trespass had actually been COM
mitted. ; Al
At this point recess was taken, from
1880 to O'clock
Not Covered by Charter.
When the court reconvened. Mr.. Duvall
made brief statement to reinforce the
answer Of the Commissioners. He said that
the right and title of the complainant must
be clearly shown before he can have a
standing in court of chancery. This has
not been done in the present case, said MIR.
Duvall. and. therefore, the argument Of
counsel for the company is a waste of time.
The complainant, he went on. took its very
life from Congress-. subject 10 the condi-
tion that the national legislature might at
any time alter, amend, or repeal its char
ter Mr.. DuVau cited the case OF the Balt1-
more and Potomac railroad, which, after
purchasing square of ground near Long
bridge for use as freight yard, to relieve
Maryland avenue, was prevented by the
action OF the Commissioners from running
track along a street to reach this prop
erty. The District Supreme Court granted
an injunction against the Commissioners
and this action was affirmed by the court
in banc, but upon appeal by the Commits
sioners to the United States Supreme
Court. the decision of the court below was
reversed on the ground that no railroad
corporation had the right to occupy any
part of a street that has not been named in
its charter The lexington road now seeks
to uSurp an equivalent Of such right by
maintaining line Of poles and wires along
a street not now covered by its charter.
1t does not do for the corporation to say
to the court that public convenience Will be
than Congress has declared should he done.
That Piles must be made 10 Congress In an
effort to secure change of the law; but
until such a change is made the court can
not take consideration of such Irrelevant
matters.
Congress. said Mr.. Duvall, might repeal
the charter. and the company would cease
TO exist. But Congress would not take the
property or destroy it.
Killed by Congress.
Mr. Duval referred to the effort to drag
the Constitution into the case. and spoke
of Mr.. Rideout as his ''antediluvian friend,
who had tried to make Adam a party to the
case" The company, he said. had brought
into court a mummy. dead thing, for the
life of the overhead system on New York
avenue between Boundary and 7th streets
had expired by virtue of the Will OF Con-
gress. and the directors had asked the
court, which did not originally give
the road an existence. to revivify the
corpse. Mr.. Duvall said that Congress
the Constitution, and provided for the de-
struction of the property that had become
an unlawful obstruction and a nuisance
He cited case that was recently decided
by the United States Supreme Court IN sup
port of this contention.
Mr.. DuVall raised the question of who
would be liable for damages in case any
one should he injured by the fact that the
poles and wires coupled the street. In view
Of the fact that Congress had killed the
right of the company to Use the street in
that manner after July /. the Commission
ers would clearlyo be liable for the injury
to human life or to property caused by the
distractions that became such at the expi-
ration OF the time set by Congress.
Closing Argument.
Mr.. Rideout began his final argument at
about o'clock, and started in by attack
ing the citations made by the other side.
He called attention to the fact that there
is an overheady trolley lire being operated
in Georgetowns aud claimed that this was
an Unjust discrimination against the Eek
ington. He argued that the act which
terminates the life of the trolley is COM
pleX. and would puzzle any judge to in
terrret. and yet the Commissioners had un-
dertaken to epastrue it themselves. He
contended that the other side had not once
met the real issue in the case.
This closed the arguments, and then
Judge Bingham announced that he would
decide the case in the morning. and if any
thing should happen to prevent he would
tren set time at which he would an
nounce his decision.