The morning times., 1895-07-12
lexington C0mpany's Suit TO
Restrain Commissioners. .
CASE TO BE DECIDED TODAY
Contention Of Piaintiffs That the
Authorities Have No Right to Re-
move Poles and WIres-Mr Thomas
Holds That the Latter Are Now
Illegally in Place.

Chief Justice Bingham. in equity court,
No. /, yesterday heard argument of coun-
sci in the case OF the lexington Railway
Company against the District Commits
siouers, in which the company asked that
the District authorities be restrained from
removing the overhead poles and trolley on
New York avenue
AtteT he had heard the argument Judge
Bingham announced that he would decide
the case this morning, or, If something
should prevent il, he would announce the
time when he would make known his de
cision
Nj John Rideout, attorney for the
company, opened the bail yesterday by the
reading of the complainant's bill, which set
forth mat the Commissioners had no author
lily O. take The step they threatened to
take wien, hccompanyhadlh dlhcmtemporauly
restrained.
RIGHTS OF THE COMM sSIONERS.
Attorney for the District Thomas followed
with the reading OF the COMMISSIONER
answer, alI Of which matter has been pre-
vious!y published
W-cn aIr. BiCcout began his argcmoat
hy a citation Of tlc constitution 10 show
that tae Commissioners had no right 10 re-
move tiIe- poles along New York avenue
without de process Of law, Judge Bing-
ham called his attention 10 the fact That
in tilcir answer The Commissioners de
clared that il was not their mtcElion to
iorribiy remove the poles ana wires
Justice Bingham also found 1t neces-
SiEt go t-n course Ul Nr. HfgpatE'. .r.li-
meIt 10 show him that the Commissioners
had una !cStioncd right To make condi-
tons 10 iEe Company's charter and that
gff Nv
stipulated that
The destruction of The cid Mount Vernon
square market by EE-Goyernor Shepherd
was denounced by Mir. R.deout as usur-
patton OF authority, ana he declared that
because judge could not be found 10
grant an injunction on that mofnorabl
night was tie only reason the deed was not
done.
TROLLEY a NUISANCE.
Mt Thomas began reply to the rail-
way comPany's attorney by citing the
case OF certain New York telephone and
telegraph company that had its poles and
wins torn down by the city after they had
been condemned 10y the authorities The
court there upheld the city. he said, and de-
ciared the company's remedy was a suit
Tor Injunction IL II had legal right 10 put
It's poles and wires in publicplaces
The streets and avenues Of Washington
Bci'H- 10 lue DUico states. MT IhOmd5
explained. and ia this caee IT has been
deUjded by Congress that the poles and
wires on New York avenue are q nuisance.
ihe pU!vs ana wires are BOW in Illegal
occupation OF the street said Mr.. Thomas.
The company has been granted more than
raas"nu BILE time 10 remove them.
Mr.. Duyall, for the District. followed
Nj. Thomas, by stating that a corporation
cannot show that public convenience will
be best subserved by a violation OF the ex-
press order OF Congress. The company's
charter could be repealed by Congress. he
said, bat uf course its property could not
be destroyed. He also pointed out that
at present the District would be liable
for damages for any accidents that might
now happen.
Mr- RIde0ut replied briefly before Justice
Bingham, ann ounCed when the matter
would be decided