The evening times., 1896-08-05
ELECTRIC LIGHT HEARING'
Potomac ?! Power Company's
Side. of the Case.
TO ANY MONOPOLY
The Number of Liquor Licenses Its-
sued This Year Excise Boards Out
Ing enthe. .Rixer-The Care of Trees
In Parks-Minor District Matters
and Daily Orders.

The electric light controversy, involving
the right OF the Potomac Electric Power
Company. TO the contract for furnishing
arc lights Tor the public thoroughrares,
upon its recent bid submitted in res...onse
TO the advertisement OF the Comm ission-
ers.-w which has Commanded SO large share
of the public attention recently, came
again before the board today, upon an
application made by the company for a
hearing upon the points raised In Attorney
Thomas opinion, recently printed in The
Times.
1ne company was represented by At
torney j. J. Darlington as counsel and by
President o. T. Crosby.
MIR. Darlington addressed the board at
great iengthS first asserting that he and
rhe company he represented held the f..-
torney for the District in high esteem
and had no criticism, except as it might
arise from q difference OF opinion, and
then saying THAT after the board had given
the opinion OF their legal adviser due
consideration II became the duty Of tho
Commissioners, after all, to decide the
issue.
.The Commissioners, as the executive
officers of the District, cannot escape their
responsibility" Mr.. Darlington stated.
IF, after receiving the attorneys advice,
they still believe they should decide con-
trary to his opinion, 1t is manifestly their
duty 10 So decide"
Mr.. Darlington cited that the phraseology
OF the appropriation act, under which the
bids Were solicited, was different from that
OF eaclI or Several previous years, dating
back TO 1891.
In the previous acts 1t was distinctly dt
'clared that the Commissioners should niain-
tain the 'existing service" but in the
act for 1S96-97. there is no reference to
the existing service, and the act should bear
different construction.
THE PRESENT LAW.
The attorney read the provisions OF the
present law, which are to the effect that
for electric arc lighting, including neces-
sary inspection in those streets now lighted
with electric arc lights in the city of WASH
ton, and for necessary extensions of such
service, $50 900 ia appropriated" The pro-
vision follows that mot more than 80
cents per light shall be paid for any elec-
trc arc light"
Reading Attorney Thomas opinion. in
part. Mr., Darlington took issue with him
upon the premise laid down that the ap-
propriation act limited the Commissioners
in any contract that may be authorized
to negotiations with any one company.
The attorney for the District comedies
that there Is no limitation, either as to
street lighting or i'll the matter OF lighting
certain public parks, a point raised by Col.
JOnD NJ. NilsUu superintendent Oi pubic
buildings and grounds, upon which Mr.
Thomas also passed, subsequently to his
first opinion. and isld the same view pre-
viously expressed.
Mr. Darlington said the provisions re-
ferring to the extension of the existing ser
vice had no reference to the street lighting
clause, but was the comforting OF a priv:l-
ege upon the compa nies.
There is no law anywhere, Mr.. Darling
ton claimed, THAT will Justify the con-
struction or u purely public act, enacted Tor
purely purposes, as cOnferring an ex-
elusive privilege upon any private corpora-
tion. Congress did not intend to foster a
private enterprise"
Mr.. Thomas reference to the context, us
warrant for his. Conclusions, was unfortu-
nate, 10 Mr.. Darlington's opinion, since tie
context has no reference to street lighting.
and he cited numerous authorities in sup
port OF his contention.
THE FOUR POINTS.
Special stress was placed by Mr.. Dar-
lingtoD upon two Of four points presented.
One was that raised by the United States
Electric Lighting Company, and conceded
by Mr.. Thomas, that no other company has
the right to extend its lines east OF Rock
Creek.
This, MI Darlington said, was exactly
what Congress was asked to do, but wbicS
was refused
The other point made by the attorney
was the striking out by Congress OF the
provision that had been carried in the
appropriation act for five years.
The Comm issioncrs protracted their
meeting for over an hour, subsequent to
the hearing. Attorney Thomas being pres
ent. The lighting problem was discussed
in detail. and u conclusion would doubtless
have been reached had not President Ross
asked for delay, in order to obtain oppor-
tunity to read the papers, many OF them
having been added during his absence.
1t is believed. and the prediction is here
made, that the Potomac Company will Sc
cure the contract for the new lighting, in
Guiding the four public parks.
When asked at the close of the confer
ence if they would await the filing of Mr..
DarIington's brief before deciding the ques-
tion, two mem bers 50 id they did not know
about that, indicating that as SOON as the
president or the board could read over the
papers on file. they were ready to vote.
A tabular statement. prepared by Secre
tary Williams, OF the excise board shows
that there have been granted, since the
beginning of the present license year,