The times., 1897-05-13
BILL IN EQUITY FILED.
Anacostfa and Potomac VS.. Capital
Railway Company.

railway Company.
A bill In equity was yesterday filed by
the Anacostia and Potomac River Railroad
Company against the Capital Railway Com
pany, praying that the last named com
pany be restricted from placing boxes and
plates between tse rails of the Anacostia
road for the testing OF the Brown conduit
.7stem from the north end of the Navy
Yard bridge on Eleventh street 20 street
south, pending the hearing of the case.
aud that they be required to remove all
plates and boxes already put in, and that
they be forever enjoined from placing or
maintaining the same. They also ask
what further relief the nature of the case
may require.
Judge Cox issued an order made re-
turnabie June / requiring the Capital Rail
way to suspend operation pending the
course of the suit, and gave them until
that date TO show cause why the OBJ
structions should not be removed.
The Anacostia and Potomac River Com
pany AYERS that under its charter, approved
March 2, / 800, it was authorized to use any
motive power that would be found most ad-
deavoring TO find some such .ower that
can be adopted with a reasonable certainty
OF successful operation. Its inc extends
across the bridge over the Ahacostia River,
andin the District be yond the ethyl limits, and
on a portion OF which the tracks OF the
Metropolitan Rail road Company are used
The compl ainant AYERS that the "Buda-
pest or ''Connett' system, in use by the
above company, is the system meant % be
general V adopted in the District, as pro-
vided for in the act amending the charter
of said company, passed May rs, 1896,
and as it was the only system in use
prior to the passage OF said act, 1T was
the one meant to be general adopted.
Notwithstanding this fact, the defendant
has entered into a contract with the pro-
moters OF the system, the invention OF VIII
liam III Brown, of Johnstowp, Pa, known
as the Brown system, and in order to
test the facilities OF the same. the pro-
moters have agreed to put down the said
system for the use of the company from
the north end OF the Navy Yard Bridge,
north on Eleventh street 20 NJ street south
east, and thence west on NJ To Eighth
street southeast.
The operation OF the system will con-
sist OF an electric conductor pl aced in
conduit In a trench between the tracks.
In order To DO this IL will be necessary
to dig series Of pits and otherwise tear
up the roadbed
1t is claimed that the Brown system Is
not an underground system, as the con
tact with the car / S above ground 1t IS
clai:.aed that if the Capital company hc
permitted To operate this system the com
plainant cannot use it without the con-
sent of the Capital people, and 'hGt in
using the tracks OF the Metropolitan road
where the Budapest systcni is IN oper-
alton It cannot be used ut all, because OF
the refusal of that road to grant the use
of its system and that the complainant
Will be caused much damage and injury.
1t is claimed that by its report the Capital
company showed itself to be without any
capital, and that no issue OF stocks had
been made such as seem to have been con-
templated when it's charter was granted
The complainants say they have protested
against the acts of the defendants and APP
peaied To the Commissioners, but, notwith-
standing such protest, the Commissioners
issued the proper permit TO the Capital
company to lay the necessary system on
the streets named, holding that Congress
authorized them to do SO
1t is also claimed that the defendant has
also unlawfuny used the conplainant's
tracks from Congress Heights TO Hills
dale. Edwards & Barnard represent the
complainants.