Evening star., 1897-02-27
SOME ADDITIONAL FACTS
The Attorneys Opinion on the lexington
Electric Lighting Question.
The Stipulation He Indicated That
Would BE Required Before Is
suing Permit.

IT appears that Major Powell recommend
ed the granting Of permit to the Potomac
Electric Power Company to build an under
ground and overhead electric light system
from 9th street along street 10 Ecking-
ton TO supply the later suburb with light
the application for which was afterward
withdrawn.
As stated exclusively IN The Star IF yes
terday, representative of the Potomac
Company was at the Commissioners Office
waiting for the permit to issue, AMI when
reporter OF The Star applied to Com
missioner Ross for information con-
cerning the matter the latter stated that
he had not seen the opinion OF the attorney
for the District. and had knowledge
OF the issuance Of a permit He imme-
dfately sent for the papers, however, and
examined them carefully. Then he went
to work. He called for his stenographer
and dictated the following motion:
Il have very grave doubts as to the right
OF the Commissioners to grant permit
to the Potomac Electric Power Company
to lay an underground electric conduit
from tin street AMI Florida avenue TO the
subdivision known as lexington or West
lexington.
There is no appropriation bill of which
/ am aware which has become a law which
by implication authorizes any extension
from the city service to the suburb named.
The appropriation in the deficiency bill of
last year for 500 was based wholly upon
the fact then existing that there was To-
cal power house in lexington which
furnished the lights 80 appropriated for.
and l am informed that the money SO ap-
proprfated has not been and G:il not he
paid. l am also informed that there is
no provision in any pending deficiency hill
for the current fiscal year to pay for the
lights aforesaid. and / regard it as ex-
tremely bad policy, in view OF tSe present
situation in the Senate. To all 10 the In
tensity of feeling there existing by The
adoption of an order which may be the
cause of further litigation. and in which
/ think the Commissioners would he en-
joined"
With this motion before them, the Com
missicners hesitated. The permit. which
was In course of preparation. was recalled.
Then as stated in The Star yesterday, the
representative of the Potomac Company
wrote a letter withdrawing the application
for the permit and the incident ended.
II was stated yesterday that the action
of one of the Commissioners in recon-
mendins the issuance of the permit was
based upon the opinion of the attorney for
the District. The Commissioners refused
to allow the papers i'll the case to be seen
for publication this morning. one of them
claiming that already too much had been
written the subject. 1t may be stated
authoritatively, however that the opinion
of the attorney for the District. while ad-
vising the Commissioners of their power to
grant the permit. stipulated a condition
precedent the existence Of an appropria-
ton by Congress for the work. AS a mat
ter of fact. stated by Commissioners
Ross in his motion. there is no appropria-
tion for the work, and soon as this was
pointed out to Attorney Thomas yesterday
he promptly stated that the Commission
ers were without authority to grant the
permit.