The evening times., 1896-12-17
SPECIAL APPEAL IS DENIED
Chief Justice Alvey's Decision in
Electric Lighting Suit.
U. S. COMPANY'S RIGHTS
1t Must Take the Regular Course to
Upset Judge Coles Recent Ad-
test Not Affected-Comm
Award Contract to Potomac Co.

|
/ peals, has refused a special appeal to the
United States Electric Lighting Company,
| from the decision OF Judge Cole in the in
| junction suit against the District Commits
| sioners and the Potomac Electric Power
| Company.
upCn learning this the Commissioners at
once signed the contract with the Po-
tomac Company for the additional arc
lighting, as provided for in the last appro-
priation bill, and for which bids were re-
| ceived i'll June.
Chief Justice Alvey said:
| I'VE have had occasion more than once
| to declare that the discretion conferred upon
this court in the llowance of special ap-
peals is not to be exercised except upon
pressing emergency, and where serious in
justice might be effected by the della Y in
getting an appeal to this court In regular
course of procedure.
As declared 10y the statute, the party
| desiring the appeal must make it appear
affirmatively that justice requires that
the appeal should be allowed, and that in
justice will likely be done if the appeal is
not at once allowed
The opinion does not affect an appeal
in regular manner, nor does 1t decide any
of the points involving the status OF the
United States Company or its rights as
claimed against.
Unless this be shown affimrativcly,
there is 10 ground for the exercise OF the
discretion Of the court ,.nnr for the depar-
ture from the regular and ordinary pro
Ceeding in the prosecution IL appeals from
orders from which the night of appeal il
given Irrespective OF the discretion III.
court -
Referring TO the application foF temporary
Injunction, the decision says:
CANNOT BE DONE.
The petitioners pray that the preiiIni-
nary restraining order dissolved by the
court below - restored. But this c,nnJt
be donc here. The statute provides that
upon motion for an injunction the oOurt or
judge thereof may. " there APPEAR O. DE
danger OF irrrparable injury from delay.
cra Mt an order -strainiug the act sought To
be cnioined until the decision upon the
IL otion'
The motion for the Injunction has been
decided and refused. and with that dos
sion the office and sole function Of the
temporary restraining order ceased and
was no longer operative. There Is No pra--
tice that would allow an appellate court
to grant a restraining order upon the
defendants aud the court below until the
final determination Of the case either in
the court below or the appellate court.
AN appeal could not be entertained for
the purpose Of obtaining such restraining
order. The only question, therefore. that
could lie presented to this court as an ap-
peliate tribunal on the appeal now sought
to be obtained is. whether the court be-
low was right or wrong in refusing 10 grant
the injunction prayed for"
The decision states that it is not per-
ceived how the rights OF the petitioners
will be to any extent defeated by the dis
allowance of the appeal prayed for; for If
their claim bc Il legal and exclusive one,
alleged. their rights will be ultimately
declared by the courts, and they Will not
be preiudiced By what may be done in The
meantime.
COMM NERS' ACTION.
The information OF the action of the
Court of appeals in denying the applica-
tion of the United States Electric Light
Company for an appeal from the de-
cision of Justice Cole in the street
lighting controversy was communicated
to the Commissioners this morning by tele-
phone. and otherwise.
The contract will embrace all new arc
lighting service. for which there is present
appropriation, and also entities the Po-
tomac Company to a standing ca ST OF Rock
Creek, which is the important point in
volved, and guarantees it the privilege
of making future contracts in the same ter
ntory.
The new service, for which the Poto-
mac Company made bid last June, is as
follows:
on II street northeast, from Second 30
Fifteenth street; along the line OF the
Metropolitan Railroad, from Four -and-a
half to p street southwest, and also along
the same line OF road from Ninth street
and Massachusetts avenue northwest to
Tenth street and Florida avenue north
west; on Florida avenue northwest, from
Seventh street to Ninth street, and on
New York avenue northwest, from Ninth
street to Fourteenth street.
The Commissioners waited only on ac-
count of the joint resolution pending in
in Congress on the subject, but, having been
informed that the legislation would have
no effect upon existing circumstances went
ahead and executed the contract.