Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-08
HEARING DELAYED
The New York Avenue Trolley Given
Longer Life.
The COURT FOUND IT NECESSARY
Answer of District Commissioners
to the lexington Company.
ESTIN POIN


trict Commissioners from removing the
overhead trolley wires and poles from New
York avenue expired today, but owing to
the pressure of business before Judge Btng
ham, the only justice sitting in equity, the
arguments on the case were postponed I'M
til next Thursday, and so the order is kept
in force, and the hands of the Commission
ers are still tied.
Attorney Thomas and Mr. A. B. Duvall,
representing the District, were on hand
early, and waited for upward of two hours
while the courts attention was held by
number of small matters. At last Mr..
Thomas got the ear of Judge Bingham, and
asked that time be set for the hearing,
The case of the st. Marks Church vestry-
men had been made a special order for the
day, and that prevented any time being
given to the lexington roads case.
The Company Anxious for Delay.
Mr. John Ridout, for the company, urged
that the case should be sent to the calen-
dar and heard when it might come up on
the merits of the entire case. Mr.. Thomas,
in opposing this suggestion, said that some
thing must meantime be done with the re-
straining OF der, which is still in force. Mr..
Ridout thought that the entire question
of the legal right of the Commissioners to
remove the poles should be put at rest at
made on the preliminary points.
Messrs. Thomas and Duvall argued that
the question was not one OF the rights OF
the Commissioners, but of the company,
which, they asserted, is today in Illegal oc-
cupation of the avenue. The company, they
declared, is laboring under the impression
that it is more powerful than Congress.
No" interrupted Mr.. Ridout, more pow
erful perhaps, than the Commissioners, to
whom we all must bow in perfect obedi-
ence."
Thuradny Set for the Hearing.
He went on to urge that the occupation
of New York avenue by the continued use
of the poles and wires could not possibly
hurt any interest. No one, he declared, had
been hurt by the operation of the road dur
ing the entire period of its existence.
Mr. Duvall said that that was not the
question al all, but that it was one of law,
and one that should settle the matter OF
the supremacy of the authority OF Con-
greSs.
Judge Bingham finally concluded to hear
the case next Thursday at 10 O'Clock, ana
the restraining order consequently contln-
ues in force.
The Commissioners' Array of Facts.
Attorney Thomas this morning filed the
answer of the Commissioners to the Dill OF
the lexington Company in this matter 1t
Is voluminous, and meets each of the al
legations of the corporation. Admitting
the truth of the merely formal averments
of the bill of complaint, the Commission
ers point out the fact that Congress ex-
ETeSsly reserved the right to amend the
charter, and did not restrict the company
to electrical power. They deny that the
extensions of the company, together with
the main line, form a complete railway
system, since the North Capitol street eX-
tension south of New York avenue has not
been operated. this being a violation Of the
,Go u-a11 hain a
venience to the people living along those
branches. They also deny that the Eek
irgton system is operated in connection
with the Belt road further than an inter-
change of transfers is effected, and that
the officers and directors of one occupy
similar positions in the other.
The Commissioners assert that 1t Is i'm
material that the conStruc ton of the rail-
way in New York avenue induced many
persons to purchase homes in the suburbs
1eached by that line, as these residents
must be treated as having full knowledge
of the legal limitations placed upon the
life of the overhead trolley by Congress.
Advantages of Using Horses.
They go further ard declare that the re-
moval of the poles and wires will not pro-
hibit the operation of the New York ave-
rue line, since the horse cars now in use
on other lines can be run on that thor
oughfare between 7th street and the
Boundary with the advantage of not re-
quirine a transfer on the main line from
its principal city terminus at 18th and G
streets, and the time saved by running the
cars through Will more than Offset the de-
crease in speed.
Answering the claim that the New York
avenue line is the basis of the whole sys
tenn the Commissioners assert that every
extension was made with full knowledge
that the law had limited the period of the
overhead trolley in the city limits. In
,ation to the New York avenue line being
the connecting link for the electric road to
be built from Baltimore to Washington, the
Commissioners point out that the latter
read has not been constructed, nor even
commenced, and it is, in fact, not known
that the company has secured the requisite
right of way in the District of Columbia.
The Commissioners further show that the
act which grants the Baltimore and Wash
ington company the use of the lexington
company's tracks in the District express
ly prohibits the erection of overhead wires
in the city.
Failed for Want of Merit.
In answer to the allegation that the bill
granting a further extension of time to
the overhead city wires for want of time"
the Commissioners say they are informed
and believe that the bill failed in the Sem
ate "ior want of merit and not for want
OF time, but that for whatever reason the
failure of Congress to PASS said bill gave
the complainant no authority whatever to
continue It's overhead wires onsNeW York
avenue after July l, 1880.
The answer denies that the underground
system of electrical propulsion is a matter
of experiment, but says that on the con-
trary other systems of street car propul-
sion, besides electrical, are successfully
sed by the complainant, and by other
street railroads in the District of Columbia
and elsewhere. 1t is denied that it would
have been physically impossible for the
complainant to have substituted for it's
overhead wires on New York avenue an
underground electrical system between
March 3 and July l, 1895.
A Nuisance and Obstruction.
In meeting the point that the clause of
the statute limiting the life of the overhead
wires to July /, '95, contained no penalty
for noncompliance and no means for en-
forcing the provision, the Commissioners
say: Nevertheless, the existence of the
poles and wires on New York avenue
within the limits of the city of Washing
ton are now nuisance, and constitute lille
gal Instructions in and upon said avenue
which render the complainant liable to
prosecution fer obstructing said street, un-
der laws which do provide penalties and
means of enforcing the same. The contin-
uation of said poles and wires on New York