Evening star., 1896-07-30
ELECTRIC LIGHTING
The Attorneys Opinion as to the
Commissioner Powers.
THE PHRASE0LOGY OF THE Law
Can't Make a Contract With the
Potomac Company.
THE DOCUMENT IN FULL
THE DOCUMENT FULL

The exclusive announcement In yester-
days Star that the attorney for the Dis
trict had decided in an opinion to the Com
missioners that the Potomac Electric Light
and Power Company had no right to oper-
alto east of Rock creek, and that notwith-
standing the fact that 1t was the lowest
bidder for street lighting the Commission
ers had no authority to award 1t con-
tract, came in the nature Of surprise to a
great many people, who thought that the
opportunity had arrived when there would
be competition in the lighting business.
Few opinions rendered by the attorney
for the District, Mr.. s. T. Thomas, have
been SO complete and exhaustive as the
one referred to. With the briefs of oppos-
ing counsel on both sides he has made a
careful review of the entire subject and
brings out many new points In municipal
law.
The opinion which follows is considered
Dy the Commissioners complete answer
to their queries propounded, and it is given
in full because 1t is regarded as a valuab Bile
document on the rights of private indi-
Viduals and corporations to occupy the
streets and avenues Of the District:
OFFICE OF THE ATTORNEY, DISTRICT
WASHINGTON, July 15 1896.
HON. JOHN w. ROSS,
President Board Of Commissioners,
Dear sir-I have the honor to acknowledge
receipt of your letter of 11th instant call
Ing my attention to the bid Of the Potomac
Electric Power Company for electric light
ing Tor the current fiscal year, and to the re-
port of Capt Burr, assistant to the Engineer
Commissioner. that that company's bids are
reasonable, and recommending that a con-
tract be awarded 1t for electric arc lamps
IN Washington east Of Rock creek, as may
be reached by such underground connec-
tlons as the Commissioners may deem they
are authorized, under existing legislation in
regard to underground conduits. to permit,
at the prices named in said bids, and a
letter dated June 26, 1896, addressed to the
Commissioners by the president of the
United States Electric Lighting Company
protesting against the acceptance of the
Potomac Electric Power Companys bid for
electric lighting, and declining to bid. 1
have also before me Mr.. Crosbys commune
cation, filed in your office on the 9Th instant,
stating his reasons why the Potomac Elec-
trio Power Company's bids should receive
the consideration accorded to other bidders.
have also received briefs from counsel for
respective companies. You request that l
advise the Commissioners on the subject.
The Appropriation Bill Provision.
Your request that advise the Commis-
sioners on the subject involves the con-
struction of the provisions il the current
District appropriation, bill for electric arc
lighting, &C, which are as follows:
For electric arc lighting, including
necessary inspection, in those streets now
lighted with electric arc lights in the city
Of Washington, and for necessary eXtcn-
sions of such service, $4,000; Provided.
That not more than 80 cents per night shall
be paid for any Alectric arc light burning
from forty-fve minutes after sunset to
forty-five minutes before sunrise and ope-
rated wholly by means Of underground
wires; and each arc light shall be of not
less than 1000 actual candle power.
and no part of this appropriation
shall be used for electric lighting
by means of wires that may exist
on or over any of the streets or avenues of
the city of Washington: Provided, That the
Commissioners of the District of Columbia
may, under such reasonable restrictions as
they may prescribe, authorize any existing
electric light company having overhead
wires to maintain and use for a period Of
eight months and no longer, its existing
poles and overhead wires west Of Rock
creek in places outside of the existing fire
limits of the city of Washington and of the
District Of Columbia, and any such over
head wire system may be extended west Of
Rock creek and outside of said fire limits to
continue only for the said period Of eight
mOntnS, ana at tNe emu OIL Salu peTlOQ all
right or authority hereby conferred shall
cease
And the said Commissioners may also
authorize any such existing electric light
company to construct and use under such
regulations as the Commissioners may fix,
conduits for the reception of existing over
head wires within the territory formerly
known as Georgetown, and to extend the
same by an aggregate OF not more than
one and one-fourth miles of conduit in the
same territory. And the United States
Electric Lighting Company may extend its
underground conduits and wires east of
Rock creek and within said fire limits to
Mount Pleasant and Washington and Co.
lumbia Heights under such regulations as
the Commissioners of the District of Co.
lumbia may prescribe
rhe Potomac COmpany's Contention.
The Potomac Electric Power Company's
contention is that 1.-The extension clause in
the act refers simply to extension of cleo
trio arc lighting beyond those streets not
lighted "in that manner, to such other
streets or parts of streets as in the judg-
ment of the Commissioners may be neces-
sary." In other words, that the Commits
sonerS may authorize electric arc lights
in new streets or streets not already
lighted In part.
l cannot concur in this view, since 1t
ignores the words 'in those streets now
lighted" which 1 consider words of lmita-
ton.
Whether the Commissioners have the
right to award q contract to the Potomac
Electric Power Company, "for such of the
electric arc lamps east of Rock creek, as
may be reached by such underground con-
nections as the Commissioners may deem
that they are empowered to authorize under
existing legislation, with regard to under
ground conduits," depends upon the ques-
tion whether that company is authorized in
the present condition Of legislation on the
subject of electric wires, to extend its sys-
TEN east of Rock creek, which in turn de-
pends upon this language in the first clause
of the provision, l''for electric arc lighting,
including necessary inspection, in those
streets now lighted. by electric arc lights
in the city of Washington, and for neces-
sary extensions of such service" etc
The several questions of law involved
have been presente and fully discussed in
the briefs of counsel for the respective
companies. They are mainly summarized
by counsel for the Potomac Light and Pow
er Company in HIS bEief in reply to that of
the United States Electric Lighting Com
pany. b
Counsel for the United States Electric
Lighting Company claims that the wor.ls
necessary extensions of such service" i'm