The evening times., 1896-12-12
FOR AND AGAINST APPEAL
Further Controversy in the Dis
trict Electric Lighting Case.
ANSWER TO COMMISSIONERS
The United States Company Refers
to the Claim That the Public Ser
vice Is Being Delayed by Judicial
Action, and Says the Statement Is
MisIeading-The Other Side.

The District Commissioners and the Po-
tonac Electric Power Company yestcr-
day filed an answ er to the application OF
the United States Electric Light Com
pany for special appeal from the decision
of Judge Cole in the injuRcuon suit ne
Gently decided in favor of the Cornils-
soners.
The answer devotes considerable space
to the opposition of a further temporary
restraining order, contendine that 1t is a
matter of grave public Importance. 1t 1e-
cites that the appropriation made by Con
gress is for the now current fiscal year
and mast be turned back into the treasury
unless the work is done now.
The streets to be lighted are frequented
thorouEhfares, along which street cars
are propelled by rapid transit, requiring
their better lighting for the safety, as well
as for the convenience, OF the public, says
the answer. The hands of the public
authorities have already been tied Tor
nearly one-haif of the current fiscal wear,
and the season is now rapidly approach
ing during which the condition of the
weather will be such as seriously to re-
tard, if not to prevent, the prosecution OF
the work"
Tie argument is a documen mt in behalf OF
allowing the Commissioners to contract
with the Potomac Company and in oppoSi-
ton tu the granting OF Il temporary injunc-
tiOfl. which the commissioners ana tIle 70
tomac Company claim is net within the
province OF the court OF appeals. They
argue that even If the court OF appeals can
grant the relief prayed the facts iii the
case do not call for, or warrant the cxer-
cise OF such power. II is alleged that to
grant such an order would be tu hinder and
delay the public authorities, and perhaps
entirely della the performance of the con-
tract within the time limited by the ap
preparation act.
The United States Electric Lighting
Comany this afternoon filed in the court OF
appeals their reply to the statements or
the Commissioners.
The petitioners rccites that the state
ment that the appropriation must beturncd
back into the treasury unless the work is
done during the current fiscal year. is mis-
leading. The total appropriation OF $50 900
covers all the present public electric light
ing of the District, as well as proposed eX-
tensions,
The total number of lights advertised for
was l2i The bid OF The Potomac Com
pany was 500 per lamp per year, making
Sl2,i0O for the entire year.
As SIX months only remain Of the cur
rentfiscal year, one half of said amount, to
wit, S6 200, only. would be the lapsinE
sum, even If such lighting were eventually
awarded to either conn any. Thetoiai num-
Der of lamps provided for the public parks
was not exceeding thirty-two. These, for
the balance of the fiscal year, would amount
to $1,000.
COUNTER ALLEGATIONS.
"The allegation of the bill is clear and
distinct to the effect that if awarded the
contract tile Potomac company Will be
necessarily compelled to construct several
miles OF conduits along unoccupied streets,
or parallel with existing conduts OF the
petitioner, in order to reach isolated and
separated points at which the new conteni-
plated service is to commence.
The only answer To this allegation is the
claim that the defendant company can and
will erect several separate and distinct new
power houses contiguous to the new ser
vice That any such hthing could be done 10
earn Sc, 200 in six m onths, even with pros
pect or future contracts, is, we submit, too
preposterous for serious consideration"
Mr.. Redington, counsel for the petitioner.
further sets forth that the act of February
9, 1898, creating the court of appeals Con-
fcrs authority for the issue of a writ in
the nature of a restraining order, or Su-
persedeaS In support of this several au-
thorities are cited.
rover Us residing in the court"
says the petition, I'VE submit that consider
ations OF the clearest equity require that
pending its consideration of the questions
involved, the original status of the parties
under the restraining order should be pre-
served, and that to this end the court
should issue its writ Of sUpersedeaS'