The morning times., 1896-01-22

| congress didn't know what IL was talk
ing about" exclaimed Mr. Henry f. Davis
yesterday in the electric light Injunction
suit, and added, which is no unusual
thing
| The question whether the Potomac
Light ana Power Company shall be allowed
10 use It's permit To build "a pole line for
electric current from Georgetown to Eek
ington was further heard by Chief Justice
bingham. anu as reported by the Evening
| Times, Mr.. j. X. Lexington occupied ihe
morning in argument against the PROPOSE
| wires.
He was followed by Attorney for the
District s. 7. Thomas and MIR. DAVIS.
Both these gentlemen had bit OF fun to
| contribute to the discussion.
| Mr.. Thomas, In apparently half uncon-
scious dry humor, as he closed a long
| recital of laws, turned To the chief justice
and remarked: But your honor knows
| as much aboutthesc thingsas the rest ofus.''
Mr. DAVIS thought this SO good that he
quoted IL when his turn came and then told
OF a countryman who was asked If lie knew
certain man. The reply was: oh
yes ne used TO be lawyer, he's judge
now"
Mr. Thomas opened the argument asking
the dismissal OF the suit and loosing of the
injunction. He urged that the Conmis-
sloners have ample power to grant the
permit and are acting for the public good.
There was no opposition on the part.
OF any one really concerned for the public
welfare.
REARED THE INFERENCE.
The complaint here made. he said would
lead to the inference that the permit had
been obtained by fraud. There was moth
ing of the kind. The Commissioners had
granted IL with their eyes open.
The permits had been granted under
ample authority for the benefit OF citizens.
There was no law forbidding the permit
ana the citizens are asking for the lights.
Mr.. Rcdington asked where it was stated
in the answer that citizens were asking
Tor the proposed line OF the lights to be
supplied by il.
After some search Mr. Thomas found the
part of the answer which says that Presi-
dent Thomas applied for Il permit for a
pole line through the very territory through
which the proposed wires are to go. Here,
he said, WIS the unusual spectacle OF a
man obtecting 10 j thing as damaging to
property which he himself had sought to
do. He thought this was evidence that
the fight here was really by the United
States Electric Lighting Company against
its rival.
MIR. Redington still objected that this
was not cali from citizens for this pro-
posed lighting line.
Mr.. Thomas closed with an appeal for
the dismissal OF the suit as not Instituted
for the public good. but in the interest of
the United States Company, whose stock
holders We're SO largely represented among
the complanants.
Mr.. Henry L. Davis followed. He said
he would first attempt to clear away some
hrushwood TO get clear understanding Of
the case.
The act of 1895 consolidating WASH
ington and Georgetown. he Insisted. was
the main reliance OF the coInplainants here
and he expected to reduce them TO the
condition relying upon this exclusively.
A RETROACTIVE LAW.
This law, he said, must be made retro
active TO prohibit anything under an act
OF 1883. Else he didn't know what is
meant by the word retroactive.
But there was fatal defect in Mr.. Red
iDgton's argument. The act of 1895 does
not say the general laws applicable to
the city of Washington shall apply to the
city OF Georgetown. That act says the
general laws or the city of Washing
ton are to control in Georgetown also.
But the general laws OF Washington are
those made by the old municipal govern
nient, the regulations made by the Com
niissioncrs and the like. They are not the
laws passed by Congress applicable to the
city. The makers of the law OF Consoli-
dation in 1896 were Industrious to avoid
saying the laws applicable 10 Washington
should also govern in Georgetown.
AS to the word ordinances in the law he
said there was no such thing as an ordi-
nance in the laws that govern this city.
There never was an ordinance passed here
in the whole history OF the city.
what does Congress mean by putting
the word III the law OF '95, them" asked
Mr.. Redington.
Then it was Mr.. Davis answered that
Congress didn't know what il was doing.
Mr. Davis spent some time in reading
United States Supreme Court opinions to
show what the words .'oontror' and ''regu-
late" mean in legal sense. He wanted to
show the POWERS OF tie Commissioners in
the streets.
OF THE COMMISSION ERS.
''Thc Commissioners OF the District of
Columbia he said, '.are not only the
most unique but also the most powerful
governing hoard in the world
He pointed out that they were responsible
directly TO Congress for their operations in
every square foot of territory under their
care. They must report their doiDgs fully
every year to their legislative creator. I'm
portant extensive duties are required of
tfeiii, tDty are gwen SuiiiiieiisuTdte power.
They are the most powerful triumvirate
on earth.
They have both Legislative and executive
powers. They have monarchical preroga-
,ives. sun he did not complain, as they
We're under the eye of Congress that could
shear them of their power the moment they
abused it.
They have power to control, make and
police and fire forces, and the
Lot, ,.,-,tr rnI hay tn1r
citizens how they must build their houses.
They direct how a load of coal may be
delivered. They make laws for health.
You can't cross n bridge in the District
without asking them how you should cross.
From their creation they have exercised
1utocratic power. 1t is absurd to compare
hem TO the burgesses of some country town.
MFR. Davis will resume his speech this