Evening star., 1895-07-12
INJUNCTION DENIED
Judge Bingham Declines to Help
the lexington Road.
IT had NO STANDING IN COURT
An Appeal Entered That viii De
lay Final Action.
PLACED UNDER BONDS

an overhead system of electrical propul-
sion within the city limits after the 1st Of
July, 1895. The restraining order issued by
Judge Cox on the 29th of June, which tied
the hands of the Commissioners, was dis
solved by Judge Bingham, and the case
was restored to its initial condition. An
appeal however, was Immediately noted by
the attorney for the corporation, and, as
the Court of Appeals will not meet until
| the Sd Of October. the Commissioners are,
1t is claimed by the company, prevented
from taking any active measures to abate
the NUISANCE on New York avenue for up
ward Of three months. In order to protect
the Commissioners from damages to which
they might be subjected by reason of in
juries caused by the trolley wires and poles
on New York avenue, the lexington Com
pany is required to give bond of $4,000.
Judge Bingham announced his decision
Immediately after the opening of the court
at 10 o'clock. There were but few per-
sons present, including Mr. S. T. Thomas,
attorney for the District and Mr.. John
Ridout, counsel for the lexington road.
The chief justice began at once to deliver
his opinion, talking without notes for up
ward of thirty-five minutes. He spoke in
low voice, and at times could scarcely
be heard beyond the bar. AT the conclusion
cf his remarks, Mr.. Ridout said that he
felt obliged to enter an appeal to the de-
cision of the court, and would prepare the
paper at once.
Bond Required.
Mr.. Thomas said that inasmuch as the
Commissioners would now be liable to be
sued for damages to persons or property
caused by the overhead trolley poles and
wires since they had become illegal OBJ
structfons. he would ask that the road be
placsd under bond to reimburse the Com
missioners or the District for such dam
ages.
Mr.. Ridout said that he thought there
was no danger that anybody would be hurt
BY the continued occupation Of New York
avenue by the poles and wires, but that if
some such accident should happen the
company would be willing to reimburse the
District. He preferred, however, that no
bond should oe required.
Mr.. Thomas called attention to the fact
that the principal plea of the road in its
prayer for interference by the courts was
that Ii was too poor to change its motive
power, and he thought 1t was oniy natur-
al protection to the Commissioners to place
the company under bond while Il was en-
toying the illegal use of right which had
been condemned by Congress.
we have money enough for such pur-
pose." said Mr.. Ridout.
You say you have not money enough to
buy horses" said Mr.. Thomas, ''and
think you ought to be placed under bonds
in the sum uf $4,000, SO that We can be alb
solutely certain of protection"
Mr.. RID. thought this ought to be re-
cuced to s2S'O. but Judge Bingham placed
the bond at The higher figure. Mr.. Ridout
said later that he would have the bond filed
at once, and would have the papers filed
with the clerk of the Court of Appeals by
tomorrow evening, SO that he would not
use the full limit of ten days allowed by
the court for filing an appeal.
Eject of the Decision.
The action of the court today practically
wipes the lexington road out of court, eX
cept so far as its appeal IS concerned. Ow-
ing to the peculiar circumstances, however,
this appeal is unusually powerful as by the
accident of time this climax in the affairs
of the company comes at period when the
court has adjourned for the summer and
when a mere appeal from the decision, even
SO just as this appears to be. operates, ac-
cording to the argument of the company, to
deprive the Commissioners of the right to
enforce a statute as to the meaning of
which there Is not the slightest question.
The case, however, presents some peculiar
features that show how easily, perhaps,
this dilemma that now confronts the au-
thorities may be reversed. 1t is now the
inability to secure final judgment at once
that enables the road, it may be, to MAIN
tain this unlawful method of street car
propulsion. If, however, any accident
should occur that would disable the car
line between 7th street and the boundary
by destroying one Of the poles or a
stretch Of wire. 1t is perfectly competent
for the Commissioners, it is generally
thought, to refuse to grant to the Ecking-
ton company permit to replace the ap-
paratus. The process then would probably
be that the railroad would go into court
and apply for a writ of mandamus to COM
pei the Commissioners to issue the permit.
Whatever the disposition of this application
might be an appeal from the decision would
once more carry the matter to the Court
of Appeals. and so effect q postponement
but meanwhile the road would be prevented
from using the overhead system within the
city limits
1t was suggested this morning by some of
those around the court house that the
Commissioners, If they so desired, would
have the right to destroy the poles or
wreck the road within the city limits by
cutting a wire sometime between the rem
dering of the decision itself and the formal
filing of the appeal or of the bond. This,
however, 1t Is stated, would not be per-
missible, as the mere verbal notice of ap-
peal given by Mr.. Ridout Immediately after
the decision was rendered automatically
operated as a stay against any further ac-
ton by the Commissioners within the scope
of the question in controversy. This ques-
tion is one merely of an injunction to re-
strain the Commissioners from forcibly re-
moving the poles and wires from the New
York avenue route and has no reference to
an interruption of traffic by the stoppage of
cars that are propelled by the now unlaw-
full means of the overhead trolley.
Mr.. Thomas Opinion.
MI. Mr.Thomas, the attorney for the District,
said to a Star reporter that in his opinion
the appeal noted this morning practically
ties up the whole question until the decree
of Judge Bingham can be affirmed by the
Court of Appeals. He could not suggest
any remedy whereby the Commissioners
could overcome the obstacle presented by
the delay allowed by the law and made
unusually effective by the adjournment of
the courts for the summer. He agreed that
the appeal does not cover an action by the
Commissioners relating to the stoppage of
the cars without any reference to the de-
struction or removal of the poles and wires,
but he could not say whether such action
would be taken. He had not then been
called upon by the Commissioners for an
opinion
Mr.. Duvall, who assisted Mr.. Thomas in
the argument of the case before Judge
legal occupation of New York avenue
| might, under some circumstances, be au-
Continued on Eighth Page.l