The morning times., 1897-02-27
REVERSE THEIR ATTORNEY
commissioners Cause Mr. Thomas
to Change an Opinion.
DONE In SECRET SESSION
The District Boards Counsel Ad-
yised a Permit to the Potomac
Electric Company To Reach Eek
1ngton-Mr. Ross Objects-The
Company Withdraws Its Request

The request of the Potomac Electric
Light Company for permission To extend
lts lines from Ninth street TO lexington.
which was up before the District Com
miSsioncrs yesterday, produced some in
terestins nsdevelopments. The PouomacCou
pany owns an incandescent plant i'm Eek
lhSton which it bought about eighteen
months ago, from Commissioner TrueseIeU
soon after the purchase permits were
issued to the company to string overhead
wires across the country from the George
town plant 10 lexington. but these per
mits were declared by the courts 10 be
illegal, and the construction OF the CON
Meeting line was summarily stopped.
Since that time the familiar decision Of
Justice Cole gave the Potomac Compauv
the right 10 extend its lines from George
town into Washington, one of the conduits
being on Ninth street. The application
made 10 the Commissioners was for "A
connection between this Ninth street line
and lexington
The electric plant OF the Potomac Com
pany in lexington is furnished motive
power blythe lexington and Soldiers Home
Railway This latter company, accord
ing to statements made ON the highest au-
thority yesterday, Informed the Potomac
Company that il would not, after March >,
furnish this motive power, and as a con
sequence the light would be shut off from
the streets OF lexington. a similar report
to this effect was published last year
1t then became necessary Os.ensibly for
the Potomac Company, which furnished
the light TO lexington, as il had been
furnished when Mr.. TrucSdelI owned the
plant TO seek from the Commissioners a
permit TO connect its Washington conduits
with the suburban plant, which would
be isolated if the lexington roads aid
was cut off as threatened
Mr.. Lieb, the vice president of the TO
tOmac Company, therefore made an appIi-
cation to the Commissioners for permission
TO make this connection, and tine applica-
tiQa was referred TO Mr.. S. 7. Thomas. at
torney for the Commissioners Mr. Thomas
rendered his opinion yesterday ia writing
and 1T was To the effect that the Com
missioners had the right 10 grant the re-
quested permit on the decision of Judge
Cole, who, in general terms, had held
that the Commissioners were empowered
sary extensions " After the filing Of
the opinion Vice President Lieb called at
the office OF the Commissioners 70 urge
the granting OF his request
Mr. Thomas opinion. however. struck a
snag. Commissioner Ross look ditoyer and
came 10 the conclusion that the attorney
was in error for the reason that unneces-
sary extension. even il Judge Cole had laid
down the law correctly, applied only
TO the streets in Washington which had
been scheduled for lights by Congress. and
by this conStructionthe streets OF lexington
were eX Guided absolutely. II was alo held
by two OF the Commissioners that the CON
nectinn between the Ninth street line and
lexington and was not the only way by
which light could he furnished to Ecking-
ton, for the Potomac Company could make
the arrangements for the lighting by plac-
ing the required power in Eckington. The
views Just eN pressed were held by Comrnis-
sioneT Ross aud Powell.
Mr.. Thomas, after hearing what Mr Ross
had to say, withdrew his opinion and re-
tired to his office. About an hour and a
half or more after this meeting between
the Commissioners and their attorney MI.
Lieb returned and notified the office that
he had Withdrawn the application for the
permit.
A letter was published in an afternoon
paper yesterday from Nh Lieb to the Com
missionerS stating that he was informed by
a citizens committee of lexington that
the committee had assurances from Sen
ators that the light in lexington would re
maintained, and that as there was some
doubt as to the Legality of the permit, the
application was withdrawn
The opinion of Mr. Thomas was. as
stated, favorable To the Potomac Com
pany, Notwithstanding the fact that the
connection would involve the stringing
OF about 1000 feet of overhead wire. His
opinion, however. was notregarded as good
law, and he was reversed by two Of the
Commissioners
In the published withtlra wal of the
request for the permit MI LIeb says that
the matter will be Strengthened out by
Congress in a day or two" from which
it is to be inferred that there will be
another debate on this local question
A strenuous effort was made at the
District building and elsewhere yester-
day Afternoon TO prevent the publication
of the facts in this case a 5 above given
1t is intimated that Congress will now he
relied on to provide for the lighting of
lexington. Several efforts to that end
have been made heret ofore by Commissioner
Truesdell. but always witt out success.