Evening star., 1896-08-06
Mr.. ROSS DISSENTS
Commissioners Powell and TruesdeIl
Overrule Attorney Thomas.
TEE ELECTRIC LIGHTING OF STREETS
The Contract to Be Awarded to the
Potomac Company.
L H 3 f U L REPORTS S

By majority vote the board of Commits
sioners today decided to disapprove the
opinion of the attorney for the District,
Mr.. s. T. Thomas, In the matter of the con-
tract for lighting the city by electricity.
Commissioner Truesdell wrote the major
ity report, which was signed by Major
Powell, while Commissioner Ross, president
of the board of Commissioners, dissented
and submitted minority report, sustaining
the opinion Of the attorney, and holding
that the Commissioners had no right to
grant a contract to the Potomac company.
It will be recalled. as fully stated at the
time in The Star. that the whole question
of street lighting depends upon the inter-
pretation of that clause in the District ap-
preparation bill relating to street lighting.
The Commissioners, or at least a majority
of them. thought that by liberal construc-
tion they could advertise for bids, and put
the street lighting question into competi-
ton.
The Attorneys Opinion Asked.
To make their position more certain, it
was decided to send the case to the at
tcrney for the District, after bids had been
received, and it was found that the Po-
with instructions to furnish the Commits
sioners with a legal opinion defining their
Position in the matter and the extent of
their authority under the appropriation bill.
This was done. and the attorney submitted
a carefully prepared opinion, in which he
held in unmistakable terms that the Com
missioners had no right to consider the bid
Of the Potomac company, as that company
was estopped by the language of the ap-
preparation bill, and the decision of Judge
Bingham. from ODpIattnR east OF ROCK
creek.
With this opinion before them it was
thought the Commissioners would approve
1t and sign a contract with the United
States company to do the work for the
fiscal year.
Major PowcIl's Proposition.
Last evening the board met to consider
the subject. All of the Commissioners were
present, and Maj. Powell called up the
subject of light with the following motion:
II move that the bids of the Potomac
Electric Light ard Power Company for
items of arc lighting designated 90, 0D. (e)
and %. according to its proposal of June
-, 1885, be accepted.
THAT the United States Electric Light
ing Company be requested to state whether
or not they Will enter into contract upon
the printed specifications attached to the
notice of proposals issued by the Commits
sioncrs June II, 1896, for arc lighting serv-
ice on streets and avenues now lighted
with arc lamps In Washington east of Rock
creek and on extension Of such service
on II street northeast"
The New Lines of Lights.
The items referred to are as follows:
CO. For furnishing and maintaining
twenty-four electric arc lamps on streets
ard avenues now lighted with electric are
lamps in Washington west of Rock creek
$34.9O per lamp per annum.
Pm pjSb
forty-five electric arc lamps along the line
of the Metropolitan railroad from Az and
p streets southwest to 9th street and Mis-
souri, avenue northwest, and on p and l.
streets southwest. 800 per lamp per an
mum.
(e) For furnishing and maintaining about
thirty-five electric arc lamps along the line
OF the Metropolitan railroad from 9th
street and Massachusetts avenue north
west to 10th street and Florida avenue
northwest, and on Florida avenue north
west from 7th street to 9th street north
west, 500 per lamp per annum.
f) For furnishing and maintaining about
nineteen electric arc lamps on New York
avenue northwest from 9th street to 14th
street, 800 per lamp per annum.
A Lengthy Discussfon.
When this motion was put there was a
lengthy discussion. it is. understood. Com
missioner Ross argued against the action
but Col. Truesdell could not be convinced,
and he voted with Maj Powell. He prompt
ly recorded his vote below that of the En-
gineer Commissioner. Commissioner Ro ss,
who Is president of the board, refused to
Vote, and when the board adjourned he
gathered up all the papers in the case and
took them home. He worked far into the
night for the bundle he took with him was
folumlnous, and contained, besides the bids
In the case, arguments by counsel on both
sides. letters. copies of old legislation on the
subject. and verbatim account of the
discussion in Congress, when the subject
of street lighting by electricity absorbed
that body.
Minority Report Of Mr.. Ross.
When he arrived at the District building
this morning Commissioner Ross at once
called for his stenographer and dictated
the following minority report:
"After a very careful consideration of
the legislation with regard to electric light
ing embodied in the appropriation act for
the year ending June 30, 1897 and the his
tory of that legislation contained in the
Congressio nal Record, and the very able
arguments Of counsel, and the opinion of
Mr.. Justice Bingham in the case of the
United States Electric Lighting Company
vs.. Ross ct al, Equity No. 1862, 1 am
satisfied that there is no power vested in
the Commissioners of the District of Co
iumbia to make contract with the Poto-
mac Light and Power Company for public
Washington east of Rock creek, or to issue
permit to the said company for under
ground conduits in the said territory.
II therefore vote to approve the opinion
OF the attorney for the District Of Column
bia, rendered July -. 1885, with regard to
the bid Of the Potomac Light and Power
Company for electric lighting for the cur
rent fiscal year. and also the opinion Of the
attorney rendered August 4, 1896, upon the
letter Of Col. John M Wilson with regard
to the power Of the Commissioners to is
sue permits for underground conduits to
the Potomac Light and Power Company"
COmmissiOner Truesdelrs Action.
This report was read over to Commits
sioner Truesdell by Commissioner Ross in
the latter's private Office. 1t was a regu-
lar official meeting of the board. Major
Powell was not present. Word was re-
ceived that he had gone down the river
with some friends. and would not be at the
Office during the day. In fact, he might be
away until Monday
So 1t devolved upon Commissioner Trues-