Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-10
Application of B. and M. Transit
Company Turned Down.
AN OPINION BY ATTORNEY THOMAS
The Charter Of the Applicant Com
pany Discussed.
WIRES NOT AUTHORIZE ED

The engineer department is carefully
watching the efforts of overhe ad trolley ad-
vocates to secure the introduc ton of their
deadly wires. A short time ago the Balti-
more and Washington Transit Company
thought it saw opening in the law which
permitted the use of an overhead wire, and
forthwith applied to the Commissioners for
permission to string feed wire from tn,
power house of the Brightwood Railroad
Company along the Brightwood railroad to
the District line. The road it is under
stood. claimed the right under the terms of
its charter to use such wire. and the
Commissioners sent the case to Attorney
Thomas with instructions to acquaint them,
at once, with the legal status of the road
With respect to its right to such wire
This the attorney did today, holding that
the charter OF the company did not permit
the company to use overhead wires for any
purpose, and recommending the refusal of
the application.
The Attorneys Views.
His opinion is substantially as follows:
I have carefully considered the applica-
ton of the Baltimore and Washington
Transit Company of Maryland to string
feed wires from the power house of the
Brightwood Railroad Company, along the
Brightwood railroad and the line of their
read to the District line. which, with in
dOrSementS thereon by Mr.. Bradshaw in
spector of streets, and Captain Burr act
ing engineer commissioner you referred to
me for opinion whether the act of Con-
greSS approved June s. 1896 authnrizipe
the Baltimore and Washington Transit
company of Maryland to enter the District
permits the S:ringing of overhead wires for
power purposes by this company along the
roau Oh the Brightwood Railroad Company
Provisions of the Act.
The first section Of the act of Congress
above referred to defines the route Of the
Baltimore and Washington Transit Com
pany IN the District of Columbia, while
section provides:
Ihat the Baltimore and Washington
Transit Company and the Brightwood Pail
way Company shall have the power to
make contracts or agreements that they
may deem necessary to enable tie said
companies to run the cars of each or either
company over the tracks of the other COM
pany, and also to contract for and use The
power of each or either company to propeI
the cars of the other
said act: u
That the said Baltimore and Washing
ton transit Company shall be empowered
.o construct maintain, equip and operate
sihsit OF double track street railway over
the sald line, with all necessary buildings
switches, machinery, appliances aDpur-
tenances and other devices necessary to
operate the same by cable, electricity COM
PieSSeu ar. storage battery or other mo-
1--WE power. to be approved by the Com
missloners OF the District Of Columbia
Wires Not Authorized.
1T is plain, think, that the act of Con-
gress OF June s. 1896 does not authorize
the stringing of overhead wires for any
purpose by the Baltimore and Washington
Transit Company along the route of the
Brishtwood Railway Company, but con-
templates only the propulsion of the cars
OF the Baltimore and Washington Transit
Company over the route defined in section
1 OF the act, by means of an overhead
single trolley, and over the tracks of the
Brlghtwood company under such trackaee
and power arrangements as 1t may be able
TO make with the Brightwood company
1T results from what / have said that
this application should be refused