Evening star., 1897-01-22
FAD WIRES S
Rights of the United States Company to
Be Tested.
Commfssioners File n Test Case In the
Courts - What isi Com
planned OF.

The question of the right of the United
States Electric Lighting Company to erect
or maintain overhead electric lighting wires
on and over streets and avenues of the
city. where the company has built under
ground conduits and has had reasonable
time in which to place therein such wires
was carried in court this Afternoon by the
District Commissioners for judicial deter
m.nation.
In bill in equity, filed by the Commits
sicnerS this afternoon against the United
States Electric Lighting Company. they
allege that the company has no such right
and pray that the company. be restrained
ard enjoined from maintaining two addi-
ticnal overhead electric Hghting wires on
the north side of street between 9th and
9TH, and that a mandatory injunction be
issued requiring the company to take the
wires down and remove the supporting
poles and wires
The bill of complaint recites that the
District Commissioners are charged by act
of Congress of June l, 1873, with the care
of the streets and alleys of the city, and
required to keep them free and unobstruC t.
ed. The act Of Congress of July 49, 1888
ls also referred to, as preventing the Com
missioners from permitting or authorizing
the erection or maintaining, after Septem-
Der 15 1888, of any additional telegraph,
telephone. electric lighting or other wires
of the city.
Then the bill sets forth that the COM
pany, without license or permission of the
Commissioners. and in violation of the said
act of 1888. did string or cause to be strung
and is now maintaining. tzgo additional
overhead electric wifes on 6he north side
of e street between 9TH and 7th, and across
the sidewalk to connect with two new and
private electric wires on the building at
the southwest corner of 9Th street and
Louisiana avenue. -
The 31st of last month, the Commission
ers state, they ordered the company to re-
move said wires within two days. A copy
the company. ard on the 4th inst. he ac-
knowledged Its receipt. but declined to re-
move the complained-of wires, although he
did not, 1t is charged, justify their exist
ence under any permit; merely contendng
that the wires in question are not addi-
tional ones, but are new wires of an I'M
proved character. put in place of original
wires which had become deteriorated.
The Commissioners state further that the
company owns subsurface conduit bull:
along the north side of G. street between
9TH and 9TH, and charge that within a rea-
son2ble time after said conduit was built
1t became and was the duty of the COM
pany to place their overhead wires within
It, Therefore, more than reasonable time
having elapsed. as they assert the Com
missioners charge that the said overhead
wires are Illegal and unauthorized and be-
1rg, as they further assert, without reme-
dy and powerless elsewhere, they pray that
the relief asked by them may be granted.
1t is understood that the suit instituted
by them this afternoon is intended to be a
test case, and they hope to be able to Sc
cure final and complete determination by
the courts of the questions raised in to-
days proceedings.