The Washington times., 1895-06-30
FIGHT FOR THE TROLLEY
lexington Line Managers Obtain
a Restraining Order.
ANOTHER WEEK OF GRACE
They Hope to Prove That Congress
Intended 10 Give Theman a dditiona1
Year to Remove Their Overhead
System-Not Time Enough to Put
In Underground Power.

The great trolley electric syndicate which
has put its foot down in Washington, on
New York avenue, is not at all ready to
move away in obedience TO the command Of
Congress in the acts of April 80, 1890,
and February 13, 1895. 1t has lines
in operation in cities all over the United
States and it does not despair of putting its
posts and wires throughout Washington,
despite the stubborn opposition thus far
encountered.
Washington streets are wide and inviting
and the traffic profitable. The syndicate
probably cares very little for the control
of the Belt Line road if some underground
electrical system is to be used
The law says that the trolley posts and
wires on New York avenue shall come
down by Monday next and the Commits
siouers had determined to enforce it. But
yesterday the officials OF the lexington
division of the Belt Line, by their attor
ney, john Ridout, went before Judge Cox
and obtained a restraining order which
forbds the removal OF the trolley outfit
until July 8.
STRIVING FOR FURTHER DELAY.
By that time they hope to be able to
show that Congress, at the late session,
intended to give them another year, but
was prevented by wicked Mr.. Hill OF
New York.
1t Will be remembered that the trolley
influence blocked the efforts of q road
asking rights in East Washington, and Sena-
tor Hill had friend who was Interested in
the road. The trolley put n clause in an
out of the way place allowing its plant TO
remain on New York avenue for year from
July /, 1895 Mr. Hill didn't like the
"a hu tod nd t1-hI
the bill extending the trolley's time got
through the House smoothly, the Senate
never could find time TO consider it. The
officials think they may convince Judge
Cox that this was wreaking private spite
upon the public and therefore the action of
the House should be supplemented by the
courts
The bill filed yesterday in response to
which Judge Cox granted the order, re-
cites that the trolley line on New York
avenue is the basis OF the whole Belt
Line system, that it is a great cou-
venience to many persons who live along
its line and TO many others who use ii
for trips into the country at evening
for their health. Also IL viii be a part
OF the Maryland & Washington. the great
electric line to Baltimore, when COM
pleted.
UNABLE TO COMPLY.
After reciting that the grant OF another
year for change OF motor was prevented
by hurry IN the Senate al the close of the
session, the bill points out that it is now
impossible to decide what underground
system is best and that it would have
been physically impossible to replace the
trolley with any other motive power be-
tween March 1 las and July /.
Finally, the law providing for the re-
moval of the trolley line fixes no penalty.
The Commissioners are proposing to take
the matter into their own hands and remove
the poles and wires. This would be, it is
asserted by the officers, a violation OF
the fifth amendment to the Constitution,
which provides that no one shall be deprived
of his property without due process of law.
| There are several important legal ques-
tions involved and the Commissioners
should not be allowed to act until the
courts shall have fully heard and passed
upon these.
For the Commissioners to be allowed
to remove the trolley line would inflict
irreparable injury to the rights of the COM
pany and be a great loss to the public. as
no other means of travel could be provided
at once. The company has not the cars
nor the horses TO use horse cars and horses
could not pull the heavy electric cars.
The position OF the Commissioners as
stated by Attorney Thomas is simply that
after tomorrow the trolley poles VIII be
in place in violation OF the law against
street obstruction; for after that time
the sanction of the company's charter is
removed by act of Congress. Therefore
the duty of the Commissioners to remove
them is plain.
Mr.. Thomas will prepare an answer to
the bill at once and the case will be pushed
TO an early decision.