Evening star., 1896-03-18
MAJOR POWELL TESTIFIES
Hearing Continued in the Electric Light
Pole Case.
The Commissioner Tells About the
Testimony Was Finished.

The hearing in the case involving the
charges against President Thomas and
others of the United States Electric Light
Company growing out Of the action Of the
company in erecting pole at the corner
OF Pennsylvania avenue and 18th street
was resumed in the Police Court this morn
Ing for the purpose of receiving some evil
dence In rebuttal. The defendants were in
| court with their counsel when the case was
called. Attorney Thomas for the District
and his assistants, Duvall and Pugh, were
also there.
Commissioner Powell was in court in re-
sponse to a summons sent out by the de-
fense, as well as for the purpose Of CIV
ing evidence concerning the testimony yes
terday of the defendant, Capt. Thomas.
j. Z. c. Shipman of the District engineer
department and ]. ]. Purcell, an employe
of the electric light company, were called.
The former was asked concerning the con-
dition of the 18th street duct but, he
had no personal knowledge Of its condition
he was excused.
The witness Purcell gave evidence con-
cerning the condition Of the duct. and he
said that another wire could not have been
put il. 1t.
Commissioner Powell was then put on
the stand and examined at length by coun-
sci. His attention was called TO the steno-
graphic report of Capt Thomas evidence
given yesterday, and ne was questioned
about the various statements contained
therein.
Witness examined the pole after he had
heard OF Mr.. Marean'S letter to Capt.
Thomas about the condition OF the pole
Witness walked around the pole and ex-
amined 1t, but lid not see that there was
any break in it. There was not a crack or
split in it SO far as he could see, but the
pole was somewhat decayed. Not satisfied
with his examination he hal an inspector
make an examination, who reported that
he had not found evidence of the alleged
weakness of the pole.
About Capt. Thomas Evidence.
Witness then told of the conversations
between Capt. Thomas and himself, which
were mentioned in the course of Capt.
Thomas testimony yesterday. During one
conversation witness said he thought that
the law did OF contemplate that over
head wires should be permanent. He
thought there was sufficient room in the
conduit for the wires.
The Commissioner did not remember
sc me of the things stated by Capt. Thomas.
He said that on one occasion mentioned
Capt. Thomas said he could not get a
permit to put in a conduit, but did not ask
for a permit. Capt. Thomas did all the
talking. He made no statement that did
not agree with Mr.. Thomas, the attorney,
on the law, but he did say that Attorney
Thomas decision did not cover the case
before them.
This morning Commissioner Powell said
he was informed that Inspector Allen had
reported the pole unsafe. This report was
made in December. but witness had not
heard of it until this morning.
Questioned by Mr.. Wilson witness said
that the pole was somewhat decayed.
Il think 1t is not particularly unsafe"
he said land 1 don't think it is safe"
Commissioner Powell, in answer to a
question. stated that he construed the law
of 1881 as prohibiting the Commissioners
from Issuing permits to lay underground
ccEduits.
But you interpret the law to provide
that where the Commissioners deem it ad-
v1sable to lay conduit they might do
SOP asked Mr. Wilson.
For house connections, yes" replied
Commissioner Powell. The law provides
for such an exception"
Permits Granted.
Commissioner Powell explained that the
construction of the law cited above was de-
termined on about two years ago. and since
that time no permits for the laying of new
conduits had been granted, he thought.
Why" asked Mr.. Wilson, wasn't there
permit issued last night for a new con-
Quit on the east side of 9th street between
pennsylvania avenue and F street"'
Not that know Of" was the reply. "If
renewal of an Old conduit"
How about East Capitol street,"
There probably was a permit issued for
tnat street admitted Commissioner Pow
ell, but 1t was a special case in connection
with the building of the new roadbed of
the metropolitan Railroad Company"
Now, as matter of fact asked Mr..
wilson, during the past two years have
not permits been issued for the LAYING of
from twelve to fifteen miles of conduits ?'
Il don't deny it, replied Commissioners
Powell, hut il the permits were issued.
they were illegal"
Did you not issue the permits yourself?'
cannot say, but if L did, that fact
would not legalize them"
Can you state what application for a
permit to build "a conduit was the first to
be denied since the limitation of the act
covering the matter?"
Inc one Tor the conduit on the south
SIDE or + street between 9th and 18th
streets northwest, l Think" replied Com
missioner Powell.
The Testimony Closed.
Mr.. j. 3. c. Shipman, an inspector of
street lighting, told Of the laying of wires
by the Electric Lighting Company on 9Th
street, H street and Vermont avenue.
Judge Kirlball called to the stand John
NJ. Jeffries, an employe of the Electric
Lighting Company, and asked concern
Ing the stays placed to mold the old pole at
18th street and Pennsylvania avenue. and
the reply was to the effect that wire was
fastened to guy the pole for a few days
until new pole could be erected.
Capt. F1ebeger testified that he had no
knowledge Of an examination Of the pole in
question prior to March 1 last.
Capt. Thomas. the president of the COM
pany, stated that over fourteen miles of
conduit have been built, all under permits
issued by the Commissioners, and no appli-
cation was ever refused prior to that for the
conduit on F street. This closed the testi-
mony.
An adjournment was then taken until Fri
day morning at IL o'clock, when arguments
are to be made.
TOOLS OF TRADE.