The morning times., 1895-07-15
TROLLEY IS LYING Low
Watching Its Chance to Seize
Washington Streets.
DESIGNS OF THE SYNDICATE
1t Is Believed the Barons Expect to
Railroad a Bill Through Congress
Giving Them All They Ask-Attor-
neys of the Opinion That the Com
missioners Are Not EstOpped.

The hydra-headed trolley serpent, better
known as the Widener-Elkins and Dolan
syndicate, is hidden behind the lexington
& Soldiers Home Railway, ready to dart its
deadly fang into theheart of Washing ton.
1t is believed that the recent refusal
OF the lexington line 10 remove its wires
and poles covers a skinfuny concocted
plot TO faSten the trolley system more firmly
and oppressively on Washington than,1t is
now.
The design OF the syndicate contenlpiates
the railroading' OF bill through the next
Congress giving the Washington and Balti-
more trolley line the right to operate its
system through the streets OF Washington
and up to the front door of the Treasury
This and nothing else, audacious as it may
appear is the scheme now Matching in the
brains of the barons.
EFFECT OF THE APPEAL.
It is the opinion of the District Conimis-
siOners in this connection that the effect
of the appeal taken by the Eckingto ton Com
pany in the trolley case Will be to stop
further proceedings, until the matter can
be heard in the higher court. In this opin-
ion the Commissioners are sustained by Mr.
S T Thomas, the attorney for the District.
The attention of Engineer Commissioner
Powell was called to the subject Saturday
evening, and he was ediftheboard would
take any further steps for the removal of
the overhead wires.
1--WE shall have to await the decision of
the Court Of Appeals he said, and if l
am not mistaken the company will not ac
Cept an adverse decision in that court as
final, but will carry the case to the Supreme
Court of the United Statcs.'
MAJOR POWELL'S VIEWS.
"It is the judgment Of Mr.. Ross and Mr.
Thomas, however, and | agree with them,
that we can not remove the overhead wires
under the authority given US by Congress
without subjecting ourselves to the charge
contempt Of court.
The real contest the company is making
in my Judgment is not so much in behalf
OF the lexington line as for the Maryland
and Washington company. Thatcorporation
has the right under an act passed at the
last Congress to continue its proposed road
from Baltimore into the city by way of
Rhode Island avenue to North Capitol
street, and by North Capitol street to F
street over the tracks of the lexington
and Soldiers Home road.
1T is the intention of the MARYLAND
and Washington Company to run trains
at high rate of speed-Say sixty miles
an hour-between Baltimore and this city,
and the system to be employed Will be the
overhead trolley.
1T is evidently It's desire to continue
into the city by the same motive power,
and l have no doubt it would be glad to
run the trolleys right up to the Treasury
Department
WHAT IT COULD DO.
Maj Powell was asked what effect it
would have upon the lexington road t
have the trolleys removed, and said:
THE road could employ horses, and by
running from the Treasury through TO the
Boundary without transfer, could make
nearly if not quite as good time as it
does now There are two transfers at
present, one at Fifth street and again at
New York avenue. But the road need not
be obliged to use horse power. 1t has
been demonstrated that by the use of
compressed air street cars can be pro-
PEELED rapidly and economically, and the
company could equip with that system
i'll very short time.
The effect of the appeal from Chief JUS
tiCe Bingham's decision has been the sub
ject of a good deal of discussion among
the city attorneys, and most of those
from whom The Times has heard are of
the opinion that it should not serve as a
bar to further proceedings upon the part
of the Commissioners to compel the road
to obey an act of Cong gTess.
There were half a dozen lawyers to-
gether at lunch Saturday when the subject
came up.
OPINION OF LAWYERS.
One of the number put the matter in
this way. and they were all agreed as
| to the correctness of the proposition:
'It is inaccurate to say that the taking
of an appeal from the action of Chief
Justice Bingham in dissolvng the tenn
porary restraining order ties the hands
of the Commissioners until the appeal is
| disposed ofby the uppercourt.
There is no appeal from the dissOlu,
| Jion of temporary restraining order,
| and legally there is nothing to prevent the
| Commissioners from taking such steps as
may be necessary to enforce the act of
| Congress prohibiting the use of the trolley
| poles on that line after July l."
II this should be the correct opinion
| the Commissioners would have offered to
| them another opportunity of taking the
| octopus by another tentacie.
| 1t is not indorsed by the board, however
and as the Court of Appeals will not sit
until October, several months must elapse
| before its decision can be obtained upol
| the merits of the company's contention.