Evening star., 1896-07-29
Mr.. Thomas Renders an Opinion on
the Subject.
CANNOT ACCEPT POTOMAC BID
History of the Controversy and Its
Ending.
T II E S o L q T I o n

of a novel, but the subject of an important
problem that has been agitating the Dis
trict triumvirate for some weeks
Several solutions of the problem were
possible until this afternoon, when the at
torney for the District in long and care
fully prepared opinion decided in unmistak-
able terms that there was but one solution.
and that was that the lighting of the city
should be done by those companies that had
heretofore done the work, namely, the Unit
ed States Electric Lighting Company for
electricity. and the Washington Gas Light
Company for gas lighting.
The Commissioners had several PROPOSE
tions under consideration, it is understood,
in the event Of a different opinion, and had
the attorney for the District, Mr.. S. 7.
Thomas. decided otherwise, the Potomac
Light and Power Company would have been
awarded contract not only to light the arc
lights but also to substitute incandescent
electric lights for gas lamps And the city
would have been lighted entirely by cleo
tricity
For long time it has been the object of
the Commissioners to bring about competi-
ton in the work of lighting the city. and
the current appropriation bill contained
language which they thought would permit
them to bring about the desired result.
The specifications for bidders were care
fully drawn with this object in view, and
then every one waited patiently for the day
when bids would be opened 1t was known
that the Potomac Light and Power Com
pany would make a strong bid for the work,
Notwithstanding the decision Of Judge Bng-
ham: and the will of Congress as expressed
in the current appropriation bill, which
gave that company authority to operate
only west of Rock creek. The Potomac
company had been apprised, 1t Is said, Of
the supposed loophoie in the appropriation
bill. and would make fight for the con-
tract If it was the lowest bidder. When the
bids We're opened the entire situation be-
came more complex, and it became at once
a dark instead of a light question Briefly
the Potomac company was the lowest bid
der; that is, it was the lowest formal bid
der, for with it's proposal to light the city
the president filed the required bond as an
evidence of good faith. The United States
Electric Lighting Company failed to do
this. 1t contended that the Commissioners
had right to. advertise for bids. That
Congress had not authorized any such
thing, and that the whole transaction was
unwarranted. The company was ready,
however, to do the work at the rates fixed
by Congress
To add to the complexity Of the situa-
ton, the gas companies declined to sub
nit bids under the Districts specifca-
tons, but put in proposals to do the work
under specifications of their own. The bid
of the Potomac Company for incandescent
electric lighting completed the tangle for
under it the District, if it had the author
ity to entertain that bid, would be In a
position to substitute for every gas lamp In
the city a neat incandescent electric light.
When The Star called attention to this
matter, it fell like bomb in the gas COM
panies camp. Attorneys hurried to the Dis
trict building, and secret hearings were
held. The matter must be patched up
somehow. AT that hearing the attorney
for the gas companies. Mr.. r. Ross Perry.
pointed out wherein the District had erred
in its specifications. All that transpired at
that hearing was set forth in The Star at
a G.
ure the specifications were sent to Attor-
ney Thomas to pass upon the Districts
right TO construe the appropriation bill
concerning the number of hours the lamps
should be lighted. The result was vic
tory for the gas companies, and the mat
ter is Cow in statu quo awaiting final ac-
tion by the Commissioners.
Both Sides.
In the meantime the Potomac Electric
Light and Power Company was hard at
work. 1t presented arguments. both oral
and written, setting forth the reasons why
the District Commissioners should accept
Its bid and award 1t the contract for light
ing the city by electricity. Several hear
ings before the board supplemented these
arguments and finally the attorney for the
District was called in. Already he had pre-
pared an opinion at the request of the
Commissioners upon this very subject and
he held then, es he does now. that the Dis
trict had no right to entertain the bid of
the Potomac Company That opinion,
however. was never filed. for at the hear
irg Major Powell submitted a letter from
President Crosby Of the Potomac Com
pany setting forth at considerable length
the contentious of his company, and the
reasons why, being the lowest bidder, it
was entitled to the contract. Upon motion
OF Major Powell, it is understood, the pa
pers We're all returned to Attorney Thomas
with the request that he examine the sub
1cct again and submit an opinion covering
the entire subject matter at issue Fast
upon this reference came application from
Judge Jere Wilson,, representing the U. S.
Company, for permission to file brief with
the attorney before the latter submitted
his final opinion. This was granted, and
then similar request came from the Po-
tomSc Company through it's attorney Mr.
]. J. Darlington, which was also granted
Both attorneys went thoroughly into the
question. and the briefs submitted are said
to be the ablest ever presented in a Dis
trict case.
Immediately upon the receipt Of these
briefs the attorney. Mr.. s. r Thomas,
went into executive session and carefully
studied the question from both sides. The
holding substantially that the District had
no right to entertain the bid Of the Poto-
mac Electric Light and Power Company
TOT hghting the streets and avenues Of
Washington.
This opinion. 1t is understood, reviews
the subject at length, and presents many
authorlIes supporting the contention Of
PRESIDENT A. A. Thomas of the United
States company. The result Of this opin-
len, unless something further arises to
change its status. will he to award the
contract for electric lighting to the United
States company and the contract for gas
lighting to the Washington Gas Company
and the Georgetown Gas Company
President Thomas Opinion.
President A. A. Thomas of the United
States Electric Lighting Company was at
the District building this afternoon to
learn the outcome of the attorneys opin-
ion. When informed by a reporter of The
Star Of the decision he expressed no sur
prise, and said
1T simply confirms my contention that
the Commissioners had no authority under
the current appropriation bill to advertise
for proposals. Congress was certainly ex-
plicit enough in its wording of the law, and
cannot understand how any other inter
probation could be put upon it. Not only
did Congress legislate against 1t, but Judge
Bingham. in his decision, opposed 1t. So
with the law all against the proposition
never had any fear of the outcome. The
United States Electric Lighting Company
Is ready to enter into contract with the
District at any time for the lighting of the
city in accordance with the prices stipulat-
ed for the work by Congress-"