The morning times., 1895-07-13
ChiefJ ustlce Bingham Refuses
TO Restrain the C.nlm ssiOrerS.
ECKINGTON COMPANY'S CASE
Court Holds 1t Has No Lawful Title
to the Right For Which 1t Asks
Legal Protection and w hich Is in
Violation of Act OF Consress-Ap-
peal Noted.
peal Noted.

decision In the case of the lexington
and Soldiers Home Railway Company
against the District Commissioners was
rendered by Chief Justice Bingham in
Equity court, No. 2 yesterday, in which
the court refused to grant the restraining
order against the Commissioners for the
purpose Of preventing them from enfOrc
ing the removal of the overhead trolley
after July /, 1895. The temporary re-
straining order issued by Judge Cox on
June 20 was also dissolved
The company's attorney, MI John i'd
out Noted an appeal. The threatened action
of the Commissioners VIII thus be della yed
for upward of three months, or until
the court of appeals resumes its sessions
in October
BONDS FOR POSSIBLE DAMAGES
Meanwhile the company viii be per-
mitted to 60 on as formerly.
The railway company VIII be compelled
TO give bond in the sum of $50, 900 TO
insure the District against any injury
that may arise to its citizens by the al
legged unla wGul use of the overhead troll
ley system.
In beginning his opinion III the case
Chief Justice Bingham said that those
seeking equity must give equity The
complainant in equity must have a right
clearly belonging To him, the court s8id
The courts OF equity VIII not lend their
aid, he said, TO protect a party In the
enjoyment of night TO which he has
no title whatever, and much less when
d right is claimed in violation OF law
Though the company has contcnded that
Congress, after granting its charter, could
not pass an act to interfere with that
charter, the court pointed to that provi-
sion in the act by which the legislative
body reserved the right to alter, amend
or repeal the original law.
CONGRESS- CONTROLS
1t has been repeatedly held. Judge Bing-
ham said. that Congress may pass such acts
in relation to the matter as it may think
proper
The Commissioners have stated that they
intend 10 remove the poles by strictly
II wful methods, said the court and it
cannot be supposed that they proposed 70
do ~ uul5 wiHi thing They are naturally
supposed o do only 10 wful acts
Put it Is unnecessary for me to de
eide" Judge Bingham continued, what
the Commissioners may DO aud how they
may act without trans crossing the law.
First, because if they select any uula wful
mode or commit any tresspass they Will
themselves bC liable; and il they would not
IL Is unnecessary TO speculate as TO how the
Commissioners intend to do this thing
No STANDING IN COURT.
Il find that the complainanl has no Ia W
ful title to the right which il asks the
court TO protect, II has no standing in a
court of equity for the purpose OF obtaining
the relief which il prays Secondly, it
does not appear clearly by the pleadiUgs
that the Commissioners will do any unlawful
thIugifthey are not strained. That would
be an additional reason for declining to
grant the injunction in this case under the
circumstances
Il think, however, l should he compelled
TO refuse the injunction on the ground a
stated l feel very clear on the point that
this complainant has no right To come n
court o maintain a system Of electric pro
pulsion which is in violation OF IN act OF
Congress, which hold to hc a oonstitU
tiouaI act. one which Congress had a right
to pass, aud ask this court to grant il
protection in the employment Of that right
from some threatened interference. | 10
not know that it is necessary for me to
discuss this case any further. | cannot
see any way in which a court OF equity can
properly be called upon to grant an njunc-
ton.