Evening star., 1896-08-06
LIGHTING THE PARKS
Public Streets Cannot Be Used to
Secure Connections.
ANOTHER OPINION OF Mr.. THOMAS
He Again Defines the Powers Of
the Commissioners.
AN INTERESTING DOCUMENT

The attorney for the District, as stated
several days ago in The Star. decided in an
opinion to the Commissioners. that they
had no power to grant permit to the Po-
tcmac Electric Light and Power Company
to make connections for the purpose Of
lighting the parks
His opinion was given out by tine Com
missioners today, Gnd is as follows:
The Opinion of the Attorney.
Il have considered the letter Of Col. John
NJ. Wilson, U. 8. A., in charge of public
buildings and grounds, suggesting that he
has received proposals from the United
States Electric Lighting Company and the
Potomac Light and Power Company to
light Lafayette, Franklin, Judiciary and
Lincoln Parks with electric lights, and de-
string to know if the contract is awarded
to either of the bidders the Commissioners
will permit the opening of the streets for
the reception OF the necessary underground
wires to furnish the lights, which you re-
ftrred to me for opinion
THE item in the current sundry civil
bill, approved June II, 1896, for lighting the
Executive Mansion and public grounds pro-
vides:
For electric lights for three hundred and
sixty-fve nights for not exceeding thirty
two posts in Lafayette, Franklin. judiciary
an and Lincoln n3n J parks a1a at Is cents per light
wires shall be placed underground, and that
the conduits. wires, lamp posts, complete
shall be furnished by the electric light
company, without expense to the United
States, and that 2S cents per lamp per
night shall cover the entire cost to the
United States of lighting and maintaining
in good order each electric light in the
parks mentioned"
AS it will be observed that s3.27O.4O is
appropriated to pay for such lighting, for
36o nights, and that the conduits. wires,
lamps and posts complete shall be furnish
ed by the electric lighting company, with
out expense to the United States, and that
neither of the electric lighting companies
submitting bids is named in the act. This
being SO, the question is whether Colonel
Wilson may award contract for lighting
to the lowest bidder, if such bidder has no
electric light system in Washington city
east of Rock creek.
Quoting the Laws.
"On the same day the sundry civil bill
was approved the District appropriation
bill was also approved The item in the
District bill in reference to electric arc
lighting provides that the Commissioners
may. under reasonable restrictions, author
ze any existing electric light company
having overhead wires to maintain and use
for the period of eight months and no
longer its existing poles and overhead
wires west of Rock creek in places outside
of the fire limits of the District and that
such existing electric light company may
construct and use, under such regulations
as the Commissioners may fix. conduitS for
the reception of its existing overhead 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 terri
tory. And that the United States Electric
Lighting Company may extend its under
ground conduits and wires east of Rock
creek and within the said fire limits to Mt.
Pleasant and Washington and Columbia
Heights, also under such regulations as the
commissioners may prescribe. The clauses
In the two bills being upon the same sub
1eet are to be construed together.
Congress in contemplation of law musl
be supposed to have known that there were
two electric lighting companies operating
IN this DlStrict-the United States Electric
city of Washington east of Rock creek
and In that part Of the city formerly
Georgetown, and that it had both an un-
derground and overhead system, and the
Potomac Light and Power Company, oper-
ating in the territory formerly known as
Georgetown.
Definite Action by Congress.
THE history of the clause in the District
appropriation bill, in reference TO electric
lighting as appears by the Congressional
Record, shows that the Potomac Light ard
Power Company sought recognition by
Congress, at its last session, and succeeded
SO far In getting it as to be able to main
tain Its existing poles and overhead wires
In Georgetown for the period of eight
months, and to construct and use, under
such regulations as the Comm Ssioners NAV
NIX, conduits for the reception of its over
nead wires, or an aggregate length of not
more than one and one-fourth miles, in
that territory, but a provision intended to
give the Commissioners authority to let the
entire service of electric lighting to the
lowest responsible bidder, after having
passed the House failed in the Senate
1t will be observed that the item in the
sundry civil BILL in reference to the lighting
OF the parks referred to, does not author
lze the officer In charge to let the service
10 tne lowest bidder. and the question is
not having plant or system IN Washing
ton city east of Rock creek may be award
ed contract for lighting those parks.
Analogous to Arc Light Question.
The question is analogous to that in
volved in the controversy between the two
electric lighting companies in reference to
furnishing the additional electric arc lights
provided for in the current District appro-
priation BILL in respect to which gave YOU
an opinion on the 29th ultimo
''The policy of Congress, as shown by its
act Of June II, 1896 (the District appropria-
ton bilD, In reference to electric lighting is
evidently not to duplicate in the streets
and avenues of Washington, east of Rock
creek, the electric wires and condu:ts of
different electric lighting companies.
1T is a general principle of law, we'll set
tied in this District by the Supreme Court
of the United States. in the case of District
agt Baltimore and Potomac r. r. Co., ia
U. S. 453, that the streets of this city can
not be used for telegraph. telephone, elec-
trio light or railroad purposes without ex-
press permission of Congress.
Geographical Limits Fixed.
''In view Of the clause in the District ap-
preparation bill fixing geographically the
limits for the operations of the two electric