Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-06-29
The Trolley Allowed Seven Days Of
Grace by Judge Cox.
4 TEMPORARY RESTRAINING ORDER
lexington Company Prays the
Court to Enjoin Commissioners.
REASONS GIVEN FOR DELAY

the District Commissioners from removing,
tearing down or destroying the overhead
poles and wires of the company on New
York avenue between 7th street and Flor
ida avenue. To do this the company filed
bill in equity against the District Commits
sioners, praying that the Commissioners
might so be restrained and enjoined. The pc
tition was presented to Judge Cox, who
granted a temporary restraining order, re-
turnable the Sth Of next month.
What the Bill Sets Forth.
In its bill of complaint the company sets
out at great length the organiza ton of the
road. and the various acts of Congress
authorizing its construction and the various
extensions of the road. These extensions
have all been made. the company says. and
together form complete railway system.
which Is of very great advantage and con-
venience to the citizens Of the District the
said system being operated in connection
with the Belt Line Railway Company. By
reason of the construction Of the electric
railway New York avenue, which, the
complatnants say, Is the basis Of the whole
system, many persons have purchased lots
and erected dwellings in the suburbs of the
city reached by the line, and are dependent
thereon for transit to and from their homes.
The said electric line, 1t Is explained, offers
the chief and most beneficial means of
transit for persons of moderate means
who are thereby enabled to take excursions
into the country In the evening, and by
this means to derive great physical benefit
and pleasure.
The Year That Failed.
The Incorporation of the Maryland and
Washington Railway Company Is shown.
and it is explained that that road has been
authorized to part of the tracks belong
ing to the complanants, the Maryland and
"a Shi Raj St a cd
to be a connecting link in an electric rail-
way between Washington and Baltimore,
and its use of the complainant's tracks be-
ing stated to be vitality essential to it's ef
fective operation. The act of Congress of
April 30 1890. it Is claimed. as amended by
the act of February 13, 1888. provided that
the complainant company should not use
overhead wires within the city after July
/. 1S95. Section Z of the act which passed
the House February 13, 1895, provided an
additional year should be given for the re-
moval of the wires, but it is pointed out
that the act failed in the Senate for want
of time although 1t confidently an
ticipated by the company up to the last day
of the session that the act would pass In
the shape in which it came from the House.
By section , of the act of July o. 1882, 1t Is
pointed out, 1t was provided that no ad-
ditonal bonds should be issued by the COM
pany without special authority from Con-
gress.
The complainants then go on to explain
that being confident of being granted an
other year in which to use the overhead
wires, the company made no efforts to pro-
cure authority for the issuance of other
bonds. an additional reason why such ef
fort was not made being that the various
underground systems OF electrical propul-
sion are still largely matters of experiment,
SO that If the company had unlimited funds
it would have been impossible for it to de-
eide upon the practicable and commercially
successful method of such propulsion. and
between the Sd of March last and the pres
hoH bnnF Nhx To- 11y Inn
possible to have substituted for the over
head trolley system any underground cleo
trical system on New York avenue.
No Penalty Provided.
The company in its bill of complaint,
states that although the act of April 30,
1890, provides that the company shall not
erect or use overhead wires after the date
therein provided. 1t contains no penalty nor
does it provide any means of enforcing
said provision. The Commissioners the
company claims. have announced purpose
without any preceding judicial ascertain
ments Of the complainants' rights. to fore
IDLY tear down and remove the company's
poles and wires unless said poles and wires
are removed on or before July l. 1925.
Such action on the part of the Commis-
sioners. the company claims, would at
once suspend the operation OF the New
destroy an essential portion of Its exten-
sve system of street railway transit, for
the reason that the electric cars now used
by the company are entirely too heavy to
be drawn by horses, even II such method
Of propulsion be legal, which. the company
claims, is by no means certain. The COM
pany also states that it Is not supplied with
additional horse cars nor has it an oppor-
tunity to obtain them.
A Plea for the Trolley.
The sudden cessation of travel, it is
calimed, would be practically disatrous
to the community dependent upon the road
for transit and would cause the company
the pecunary loss of many thousand dol
lars The continuation of the trolley sys-
tenn until an opportunity could be mad to
ameliorate or obvate that result would
not, the company says infict injury on any
one, but, on the contrary, would be OF the
greatest benefit to large portion OF the
community. and to the company
1t Is obvious, say the complainants, that
several intricate and important legal ques-
tions are dependent by the facts set forth
in the bill of complaint, and that 1t is also
apparent that whatever duties the legis-
lation and the situation of the affairs inl-
posed upon the Commissioners can be ef-
fectively exercised under the decision and
by the process Of the court by injunction
or otherwise.
Loss That is Feared.
The company say that 1t is advised and
complains that If the Commissioners shall
and destroy the valuable property of the
company the value Of which consists Le-
culiarly in it's maintenance. such action
on the Commissioners part would be in
direct conflict with the express provisions
OF the fifth article of the amendments to
the Constitution Of the United States.
which provides that no person shall be de-
prved Of property without due process of
law, and that such action would infiict ir-
reparable injury upon the company. which
could not be adequately redressed by any
available legal remedy to which 1t could
resort.
The company therefore prays that the
District, its servants and agents, may be
enjoined, pending this suit, from taking
any steps to remove, tear down or destroy
the poles and wires of the company on New
York Avenue between T'h street and Flori-
da avenue, and that the District, It's serv-
ants and agents, may be enjoined from
taking down or removing the said poles
and wires except pursuant to judicial de-
cision rendered in q proceeding in which
this company has had full opportunity to
be heard.
The Con.missioners' Position.
While the Commissioners decline to ex-
press themselves regarding the petition of
the lexington Railroad Company it is I'M
derStOod that they have instructed their at