Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-24
THE OVERHEAD TROLLEY
Commissioners Decide It Gan Be Erected
in Georgetown.
Major Powell Dissents-Action Taken
ON nm Application by the Great
81
i, Falls Road.

A majority Of the board Of Commissioners
has decided that the Great Falls Electric
Railway Company have a right to erect
overhead trolley wires in Georgetown.
This action was taken this afternoon by
Commissioners Ross and Truesdell. who ap-
proved the opinion of the attorney recon-
mending such a course. Maj. Powell dis
scented from the opinion Of the Commission
ers. and refused to sign the opinion.
In an Endorsement upon the opinion Maj
Powell says:
1.-The charter act of 1892 names a route
along the Canal road whose length within
former Georgetown would not in any case
be more than one square, and requires an
elevated structure along the road. 1t is
this act which authorizes such poles and
aerial lines us may be necessary for the
proper conduct of said electric power The
amendatory act of 1894 changes the con-
struction to surface and the route to Pros
pect street for two and half squares in
former Georgetown.
No Right in the Charter.
The danger to life and subsurfaced metal
pipes by an overhead trolley on an ele-
waited track Is very much less than on a
surface track. The overhead wire Is more
necessary for electric power In connection
with elevated tracks than with surface
tracks. The controlling point in the whole
case seems to me to be after reading the
attorneys opinion and the laws, whether
or not the overhead wire Is necessary for
proper operation by electric power. l judge
it Is not necessary, as proven beyond ques-
ton In Washington and elsewhere
Therefore, the charter gives no positive
right for the overhead trolley, and con-
sequently the general law, which further
more is the latest one In date. prohibiting
town, seems fully applicable to the case.
The law says: The Commissioners shall
not permit or authorize any .addi-
ton to be erected or maintained
on or over any of the streets or avenues !"
This morning this matter was discussed
at length by the Commissioners The at
torrey for the District was sent for. and
for a long time after the president of the
heard the District authorities discussed the
case.
Attorney Thomas Opinion.
Attorney Thomas. in his opinion, says
after quoting the charter Of the company:
THE act of July 90 1892, was a specific
grant to the company of the right to erect
poles and overhead wires, and to the extent
that it was inconsistent with the act Of
1885, the latter act repealed the former
The act of Congress of February II. 1895,
making Georgetown part of Washington
city and extending over that territory the
laws and ordinances of Washington. did
not affect, in my judgment, the right of
the Great Falls Electric Railway Company,
under its charter, to erect overhead wires:
the only claim to a repeal of the grant In
the act of 1892. by the act of 1885, making
Georgetown a part of Washington. must
be a repeal by implication.
Such repeats are not favored. They must
be by necessary implication. Statutes which
apparently conflict with each other are 20
be reconciled as far as may be, or any fair
hypothesis, ana effect must be given to
each If it can be, and especially IL neces-
sary to preserve titles to property. On the
face of the act of 1892 money has been ex-
pended and property rights have been &C
ouired These cannot be taken away by
Implication.
A special or local statute providing for
particular case. or class Of cases Is not
repealed by subsequent statute general
in it's terms, provisions and applications,
unless the intention Is manifest, although
the terms Of the general act are not broad
enough to include the cases embraced with
in the special law.
Forfeitures Not Favored by Courts.
LAS to the condition of the act of 1894.
amending the charter of this company,
that act shall be null and void unless the
railway shall be completed 10 the boun-
Diary of the District and have cars running
of the public within twelve months and to
Cabin John bridge within eighteen months
after the passage of this act.
The forfeit, re would seem to apply to
the arendatory act, the language being.
This act shall lie null and void and not
said act" etc. But whether this be so or
not, forfeitures are not favored by courts,
and a forfeiture of the Great Falls Electric
Company'a franchise Is thing that can
orly be taken advantage of in direct pro-
ceeding by the United States.
So far as the Commissioners are con-
cerned the company is still corporation
possessed of all the franchises conferred by
law, Irrespective of the question whether 1t
was ready to accommodate the public on
August %, 1895, or not
Concluding Findings.
"For these reasons my opinion is the Great
Falls Electric Railway Company's right to
operate its road by overhead trolley was not
affected by the act of Congress abolishing
Georgetown, and that failure to run cars
regularly for the accommodation of the pub
lie by August %, 1895, if there was such fail
ure, does not operate to forfeit the COM
pany's charter unless the United States, by
appropriate proceedings, chooses to take adj
vantage of such failure, If it existed"