Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-13
Capital Traction Company Obtains a
Restraining Order.
RAILROAD WAR ON U STREET
It Was Expected to Reach a Crit
icaI Point Today.
PROPOSED EXPERIMENT

The controversy between the Capital
Traction Company and the Metropolitan
Railway Company over the use of the
tracks on U street between Tth and 9th
streets got into the courts today. The Cap
ital Traction Company. through Attorneys
Enoch Tottcn and w. D. Davidge, filed a
bill in equity against the Metropolitan
Railroad Company, Samuel L. Phillips. it's
president and general manager, and the
District Commissioners, praying that the
defendants be restrained from interfering
with the tracks. appurtenances or ma
chinery of the Traction Company on and
along U street and Florida avenue be-
tween 9th and Tth streets.
After describing the organization and op-
Grafton of the two railroad companies par
ticularly the operation Of the two roads on
u street, the complainant company states
that it Is its intention to extend its line
from 1th street to North Capitol street as
soon as possible. BY the act of Congress
approved February 20, 1895, 1t was provided
that the Metropolitan and Rock Creek
railroads should have power to contract
with each other for the purchase, lease
sale. or joint operation Of, the line of the
latter's road on Florida avenue or U street
After the Metropolitan road had changed
its motive power from horse to under
ground electricity on its 9th street line, 1t
to change the devices and machinery which
had been put in and had been in operation
for a long time along the tracks OF the
Rock Creek road, since purchased by the
Traction Company, on u street and Florida
avenue between Ith and 9th streets, and re-
place the same by the peculiar machinery
adapted to its 9th street line.
Said to BE Imprncticable.
Thereupon the Traction Company, accord
ing to the bill, took the advice Of the
scientific men versed in such things as to
the practicability of operating the two sys-
TENS in the same underground conduit.
The company was advised, 1t states. that
the operation of the two systems in such
q manner Is not practicable; that the Met
rcpOlitan roads system Is heavier and
stronger than that of theTraction Company,
and that the formers system will prevent
the latter's devices from propelling its cars
over the disputed line. The Traction Com
pany so advised the Metropolitan company,
saying that 1t would not permit the de-
fendant company to put its system in the
same conduit or change the rails, but ex-
pressed willingness to make any reason
able arrangement. in compliance with the
act of Congress of last February, by which
the two roads could use the same tracks.
A Crisis Today.
Thereupon, says the Traction Company.
the Metropolitan Company notified 1t that
1t would today proceed to put in the con-
T
avenue Its electric apparatus, machinery
and devices. notwithstanding the advice
and objections of the Traction Company.
And about . o'clock yesterday afternoon.
the Traction Company states. the District
Commissioners notified it that they had
granted the Metropolitan Company per-
init to put in its own peculiar system, and
that the police force had been instructed
by them to protect the Metropolitan Com
pany in so putting in and constructing its
system in the conduit of the Traction Com
pany, thereby meaning, says the Traction
Company, that they 0he Commissioners)
would compel it, by the use of physical
force. to yield up the possession of its
tracks to the Metropolitan Company
Therefore, says the complainant company.
II fears and believes that unless the court
grant the prayed-for injunction it will suffer
irreparable injury, and will be compelled to
cease the operation Of its road
A Temporary Restraining Order.
The petition was presented to Judge Hag-
ner, who directed that the defendants show
cause Monday next why the injunction
asked for should not be granted. And, until
the further order of the court, Judge Hag-
ner restrained the defendants from in any
way interfering In the matter.
No Work Today.
President Phillips, after reading the bill
Of complaint, remarked to a Star reporter
that there was 10 necessity for the Trac-
ton Company taking the course it had.
There was intention, he said of begin
ring operations today, as he hal made a
proposition to the Traction Company, which
he hoped and had every reason to believe
would result in a settlement of the con-
troversy perfectly satisfactory to both
companies.
Proposed Experiment..
What his proposition was Mr.. Phillips de-
clined to state, but MIR. w. D. Davidge,
when questioned by a Star reporter. stated
that the proposition made by Mr.. Phillips
was to conduct an experiment on the line
before either side proceeded further in the
matter Mr.. Davidge said that confer
ence between the two roads would be held
later today, when Mr.. Phillips proposition
would be considered.
Several days ago the District Commits
sioners brought matters to a crisis by or
dering the Metropolitan road to remove its
material from Florida avenue between 7th
and 9th streets. They followed this up last
evening with the order permitting the Met
ropoltan road to lay conduit, and de-
tailed a squad of police to see that the
workmen were not interfered with.