Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-22
fHEYFAVOR THE POTOMAC EXTENSIONS
Think the Equities Of the Case
Demand This Legislation.
THEIR REVIEW OF THE FACTS


and Baker, had already been submitted,
and has been noted at length in The Star.
1t is the usual custom for the views of the
majority to be presented first, but In this
case the regular order has been reversed.
The majority. report recites the history
of the Potomac and United States COM
panies, and says:
so far as the committee is advised, the
performance of the United States COM
pany in furnishing the lights contracted
for has been entirely satisfactory"
1t is stated at some length that the Po-
tomac company has fixtures over about
eighteen miles Of streets and roads, and
that the wires are so connected as to sup
ply current to five different street rail-
way companies.
OF Interest to AnacOstin.
The report continues: Finding that not
only had the original lines of the Potomac
company, but also the original lines of the
United States Electric Lighting Company
been built solely upon authority of the
Commissioners, and finding that the said
Commissioners still considered Gas shown
in the exercise of that authority by grant
ing the Arizona avenue permit), that they
mad such right and were disposed to ex
ercise 1t whenever a fair public interest
seemed to be subserved, positive contract
was made on or about November IL, 1899,
with the lexington Railway Company for
the supplying of power to its lines as soon
as our wires in and about Georgetown
could be connected with their wires in
lexington. The re.ult would have been
the shutting down of the power station
still run by the lexington Railway Com
pany, and In which is located the engine
and dynamo used in connection with the
Ecklngton lighting plant. and supplying
light along number Of the streets of Eek
inston and to number Of the houses Of
that suburb.
Contemplating thus the complete clos
ure of that power station, and desiring to
obtain the existing lighting business and
lines of distribution connected with the
EcNrgton lighting plant, the Potomac
Light and Power Company purchased the
same from its owner, Col. Truesdell, this
purchase having been effected on or about
November %, 1895. Meanwhile permits for
the extension Of the Potomac company's
lines across Cleveland Park had been ask
ed, the owners of the property in that sub
urb having contracted with this company
for the building Of such line and the light
ing of the streets at their expense and
presu!ning that the houses then in exist
ence, and Others under contract could OBJ
tain electric light from the line thus estab-
lished. The dates Of the several Cleveland
Park permits were as follows: December
., 1885, and December 10, 1895.
Having thus gotten permits to reach the
Rock Creek road, and having under dis
cussion with the Gubordir ate engineer Off
GERS the best route along which a pole line
should be built to reach lexington, con-
tracts were then made with the Cramp
Ship end Engine Building Company ODE
cember TO- 1850 for a very splendid steam
outfit, and with the Gel eral Electric Com
pany December 49, 1852 for an absolutely
modern electrical outfit, which, with the
rev dynamo then in operation, and which
is also of very modern make, would con-
stitute a station of about 800 horsepower
capacity.
Individual Permits.
Among the individual permits obtained,
one dated November 20, 1895, permitted the
connection of their existing lines in George
town with a certain stable on M street,
the Proprietor thereof having given an or
der for the electric lighting of his place.
Another individual permit covered the con-
struction underground across NJ street at
the head of the Aqueduct bridge of short
conduit. say fifty feet in length, which
should connect their existing wires with
the wires which they had placed, after an
understanding with the Commissioners
on the Aqueduct bridge, for the purpose of
lighting the same electrically, since gas
lighting is unsatisfactory, the lights being
frequently blown out in seasons of high
wind. While in the act Of making the two
connections just named-that is the stable
and the one just named, and under per-
mits obtained from the same authority
which had issued all the permits Of like
character in the District of Columbia-they
were enJoined from building the work by
proceedings instituted one in the name Of
the United States Electric Lighting Com
pany, the other in the name of certain citi-
zens described as taxpayers, and alleging
misrepresentation of funds by reason of the
electric lighting of the bridge as ordered
by the Commissioners. During the pen
dency of these two injunctions a permit
dated December 10, 1895, was issued giving
a route finally decided upon by the en-
gineer department of the District of Co
lumbia, along which wires might be erect
ed with no
Cleveland Park wires.
while this line was being constructed
on 18th Of January, 1896, third injunction
was served upon them restraining the COM
pletion Of the work; said injunction being
obtained in the name OF certain persons
named as property holders, one of the per-
sons being A. A. Thomas, president of the
United States Electric Lighting Company
And the committee Is informed that the at
torney for the United States Electric Light
ing Company pressed all three suits Just
described. On trial the three were merged
as to results, and the decision rendered
February 4, 1896, by Judge Bingham was
substantially to the effect that no permits
such as those granted by the Commission
ers were valid unless previous general au-
thority Tor such construction had been OBJ
tanned from Congress. Since the rendering
Of the decision 1t has, of course, been i'm
possible to continue the work of line con-
struction on the street 1t has likewise
been impossible to even connect parties
whose residences or stores are within a
few feet of lines which have been in ex-
istence for years, since to reach across the
sidewalk. either overhead or underground.
would involve the issuance Of a permit in
like character to those determined by
Judge Bingham as being invalid. The
whole property of the Potomac company,
In so far as 1t consisted Of structures in
the public highways, was thus declared
open to attack by any citizen alleging
them to be public nuisance, since they
were not constructed according to proper
authority.
The Courts Decision.
1T is not for US to question the wisdom
of the decision, nor was it probably, on
the other hand, the part Of the Judge to
consider the actual wrong done in estab-
fishing the technical rule upon which the
court acted. The hardship remains in this
that an authority unquestioned for four
teen years, an authority believed to be
good by those exercising it and those act
ing under it, an authority under which
large sums Of money had been invested in
a legitimate enterprise, was suddenly de-
clared to be void.
The bill now before the Senate eorrects
the wrong done In equity, and permits that
reasonable use, beneficial alike to public
ana private interests, to which a plant like
that now SO nearly completed was intend
oil or,A