Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-11
ELECTRIC LIGHTING
A Restraining Order Signed by Judge
Cole Today.
NO CONTRACT With POTOMAC co.
Colonel Wilson Waiting the De-
cision of the Courts.
LIG HTS IN The PARK S

Judge Cole today granted a temporary
restraining order in the case Of the Unitel
States Electric Lighting Company against
the District Commissioners and the Poto-
mac Electric Power Company, restraining
them from entering into any contracts for
the electric lighting Of the city, and the
District Commissioners from granting any
permit to the defendant company for the
construction of conduits. A rule to show
cause is made returnable on the 25th in
slant, when, or before. the defendants are
required to show cause. IL any they may
have, why there should not be a perpetual
injunction granted.
AS stated In The Star, the apple alton for
the injunction was made yesterday. and
late In the afternoon Judge Cole heard Mr..
James X. RedinSton, represer ting the COM
piainant company, and Mr.. j. J. Darling
ton, on behalf of the defendant company,
on the question Of granting a temporary re-
stratning order. MIR. Redington insisted
that the Commissioners We're about to do
that which he claimed they have no legal
authority or power to do, while Mr.. Dar-
lington replied that the act of June II, 1896
authorizes end empowers them TO contract
with either of the companies, and to gran:
the necessary permits.
Judge Cole said there is a very nice uues-
tion involved In the controversy and
thought nothing ought to be done in the
execution of contracts until after there had
been an opportunity given both sides to be
fea1d. He therefore stated that he would
today grant temporary restraining order
This order the judge signed today. The
order recites that in view of all the allie
cations of the bill Of complaint filed by the
United States company, it appears to the
court that the acts complained Of about
to be performed by the defendants, should
be stayed until the parties Interested can
be heard Upon the questions involved
in nrrfy,
opinions upon such questions. or any of
them, the judge ordered the defendants
to show cause, II any they have, why an
injunction shall not be granted as prayed
on or before the 25th instant, and that
until the further order of the court the de-
fendaEts, their agents and attorneys, be
restrained as prayed upon the complainant
company giving satisfactory bond.
The Public Parks.
Although Colonel ]. NJ. Wilson, in charge
Of public buildings and grounds, declines
to discuss the matter. 1t is pretty generally
understood at the War Department that
no action will be taken for the electric
lighting Of the public parks until the
courts pass upon the legal questions at
Light Company and the District Commits
sior ers. Colonel Wilson is anxious to
put the lights in the parks as soon as pos
sible, but he does not propose to enter
morally satisfied Of the entire practicable
ity of Its execution and maintenance.
Bids Received.
Under the acts of the last Congress he
has authority to establish electric lights
In Lafayette. Franklin. Lincoln and Ju-
dietary parks, and he has received pro-
posals to do the work within the limits of
the appropriation from both the United
states Electric Light Company and the
Potomac Electric Power Company. The
former offered to supply the lights at the
rate or 2S cents per lamp, and the bid of
the latter company was 20 cents per lamp
notwithstanding the fact that the bid Of
the Potomac company is one cent less per
lamp than the other bid, and the decision
OF the District Commissioners that there
is no legal objection to the use by the Poto-
mac company Of the streets and avenues
east OF Rock creek in laying conduits to
connect with the parks in question, Col.
wilson has scrupulcuSly avoided commit
ting himself in favor of either company
win respect to the award Of the govern
ment contract. 1t Is understood that he
Will take no action until the legal compli-
cations surrounding the controversy shall
nave been cleared away sufficiently to in
dicate that there will be no Interference
with the system Of lighting the parks after
II snail nave been established. He has sub
mitted the matter to the chief of engineers
with simple statement OF the facts and
without recommendation. 1t Is likely that
the status of the case will remain unchane-
ed until Secretary Lamont returns to the
hto