Evening star., 1896-08-06

Mr.. Trucsdel1's Report.
Office of the
Commissioners of the District of Columbia
WASHINGTON, August 6, 1896.
II am unable to concur in the opinion of
the attorney for the District of Columbia in
this matter, ie.-that the Commissioners
in the event that the bid Of the Potomac
Light and Power Company should be ac-
cepted by Col. Wilson, would not be legally
authorized to permit that company to open
the streets, for the purpose OF putting down
the underground wires necessary to fur
nish the service
"If Mr.. Thomas is correct in this conclu-
sion. following the principle of law. which.
he states, is well settled, In this District
by the Supreme Court of the United States
in the case of the District vs. b. & P.R.RCo.
GA u. g., 453}, that the streets of this city
cannot be used for telegraph, telephone.
electric light or railroad purposes, without
express permission from Congress- which
1 accept, it results necessarily that there is
no power vested in the Commissioners to
pany to lay it's conduits in the public streets.
and that, therefore, Col Wilson cannot light
the public parks. which he is especially au-
thorized by Congress to do.
The recent opinion of Mr.. Justice Bing
ham. understand, Is in line with the opn-
ion Of the Supreme Court of the United
States mentioned. and is to the effect that
the Commissioners are without legal power
IL
for electric lighting in any of the public
streets of the city of Washington, without
express authority from Congress.
Has Congress granted that authority in
this case? Mr. Thomas holds that 1t has
by implication, to the United States Elec-
trio Light Company, and yet the name of
that company is nowhere mentioned in the
act The contention that Congress, in the
current District of Columbia appropriation
bill, fixed geographically the limits for the
operations of the two electric lighting COM
panies in this District, does not appear to
me to be sustained by reference to the bill.
'On the contrary,it was shown with great
force and clearness by Mr.. Darlington, in
his brief on behalf of the Potomac Light
and Power Company, that the change, in
the current bin, of the language used from
been retained, would have given the United
States Electric Light Company the ex-
elusive right to lay the additional con-
Quits required to light these parks, and for
extensions of the electric lighting service,
affords conclusive proof that Congress in
tended, and did purposely unite the hands
Of the Commissioners, and vest in them the
power to grant to either company, which,
in their judgment, would be best for the
public interests, permit to lay these con-
duits.
The omission of the words maintaining
existing service and the substitution of
other language not Synonymous. 1t Is
claimed, cannot be explained upon any rea-
sCEable theory except that contended for
by Mr.. Darlington, that Congress intended
to confer upon the Commissioners the
power to grant to either company a per-
init to lay cCnduilS in the public streets
for necessary extensions of the electric
lighting service. !
1T Is true that the Potomac Light and
Power Company has been granted certain
privileges west of Rock creek, and the
United States Electric Light Company. by
the same act, certain privileges east Of
Rock creek. in the county, but these, as
has Keen shown, were wholly for private
/ urposes; and if these privileges operate
as geographical Limitations of territory.
SO far as the right to furnish street light
ing to the public Is concerned, and limit
Rock creek, it must necessarily limit the
other company to the territory north of
boundary. This theory. If concurred in.
would again defeat the lighting of the pub
lie parks by either company. and must
therefore be dismissed as untenabe.
Believing that this is the proper and
legal import of the language used, and
that the Potomac Light and Power Com
pany has precisely the same legal status
that the other company has in the District
of Columbia, that it has equal facilities for
furnishing electric light, should it become
the contracting company, / move that, in
further reply to Col. Wilson's letter, he be
Informed that the Commissioners will grant
the necessary permit to either of the eX-
isting companies to which he awards the
contract for lighting the public parks.
.--.. GEORGE TRUESDELL,
Commissioner, d. c.