The morning times., 1896-02-02
THEY IRE NOT CONGRESS
Continued from First Page.

,roI over the 5, reefs. But Justice Bingham
his ~ say on that assumption:
There are a number of authorities 10
the effect that under the general power
given to II municipal corporation TO control
and supervise streets and alleys they can
not grant the right to erect poles and
wires to telegraph and telephone com
| panies, and cannot grant the right to C'I'n-
| panics to put down street railroad tracks
| TO run horse ears on, upon the Drin iple
| that 1t is adding an additional bur'i.n to
| the streets, not contemplated in the grant
of The general authority 10 the COrpor1Tlon-
| and that a grant of franchise of that
| character for private corporation, for
| their profit and benefit, although IL may
| Incidentally be OF benefit and advantage
| to tho public, cannot be made by Il :;lrni-
cipdi corpora tion except by the ErAHt or
| such right from the supreme legisiI i've
| power. II must -manate from the su-
| preuc legislative power, and the grant IS
| either made directly to the company or
| to the municipal corporation A mdai-
| cipal corpora tion is often expressly author
| lied to make such grant, and when tha-
is done they can issue such permits. hut
| not otherwise.
lam, therefore cunst RI ined TO hold that
the commissioners have not, in this District,
| the general power To issue permits nj The
| character of those which this record shows
| have been issued by them
TIMES QUESTION ANSWERED,
Yesterday morning. before the decision
| of Justi,t. Bingham, The Times asked edi-
| toriaIIy. speaking of the assumed powers
of the Commissioners in favor of the
| Potomac Ligfl Z and Power Company:
Why they granted permit to the Po
| touac Electric Light and Power Comrapy
| Ia erect poles and wires when no such
company existed; and why they are now
attempting TO secure permission for that
| coInrany in an indirect way, through an
| appropriation bill. to light the streets and
| parks OF Washington. 10 the exclusion OF
| other Coin is6nies- on whose applications FOR
| franchises they have made adverse recon-
| mrnuitiOnS?'
Justicc Bingham's position is that the
| Potomac Light and Power Company has
no status. although Mr.. Trucsdel'S legal
| opinion, given to the subcommittee. WIS
| that il was such legal and existing q m
| pany." Mr.. Truessiell was caught on Either,
| and both horns of the dilemma; til. :oart
| disagreed with him and Congress sat on him.
| because there had never been any doubt
| that ttbcprGT;sosf for permitting underground
| conduits for new electric light companies re-
| lated pointedly to the Potomac Light and
| Power Company.
ON THE OTHER HORN.
Then Mr.. Trueslell fell foul of another
| dilemma. He said that he sold his plant
! to Messrs. Crosby and Lieb and then main
| tanned that they were an existing compIny.
| In either case it is easy to explain tie
| zeal with which the Commissioners, and rs-
pecially Mr.. Truesdeil, argued to let n n
| competitor againstthe United States Electric
| Light Company and, that, too, in a self
| made proviso giving them the power to pass
| upon the sufriciency of the competitor
| 1t is now apparent that the Commits
sioncrs have discovered their case; that
! is the law on which they issued their per-
| nits. Senator Galiinger has been answered
by the answer given the court by the Com
missioners and Justice Bingham says it
won't do. II will he interesting now to
| know low the Commissioners will try and
Justify themselves to Congress.
| Couptroler Bowler has notified the Com
missoncrs that they had no right to re-
imburse Senator Call for ore-half the ex-
pense OF laying sidewalk in front OF his
house. All round the Commissioners are
being informed that there is limit TO
their POWERS and that there is o toniradic-
tiop in terms between three men appointed
by a higher authority and an autocracy.
STILL HARPING ON ECKIN GTON.
Itisbccomingexcecdin rcmarkablethat
the Commissioners never lose sight of those
incandcscent lights which used to beloDg TO
Mr.. Truesdell in lexington. Reference TO
this was omitted in the arguments OF the
Commissioners, but they have managed to
discover that there is an urgent need for
an appropriation for certain hundred
| incandescent lights in lexington.
They want 1888 for the balance of the
fiscal year. that is, about 81 500 for a
whole fiscal year; but when Mr.. Truesdeil
| owned the plant. Congress was asked for
an appropriation OF $4,000. The Com
missioners do not state in the published
matter on this request TO Senator Nc
MILAN what is the present nature of the
contract for the electric lighting of Eek
ington and with whom 1t was made.
II could hardly be n contract with Messrs
Crosby and Lieb. to whom Mr.. Truesdel
disposed of the lexington lighting plant
which Is run by the lexington trolley com
pany. 1t may. however, be possible 10
| ascertain that fact The Commissioners
are trying to get this 1888 in the urgency
deficiency bill. This appears to be an
execution TO the rule that electric light
ing shouid be given to the lowest bidder.
| .