Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-09
Attorney Thomas Responds to a Brief
from WI. Hughes
RElqERAqEs:> Els FORMER VIEWS
IL
The Company Must Demonstrate
the Utility Of the Motor.
THE QUESTIONS AT ISSUE

tcrney for the District was rendered to the
Commissioners today. 1t was concerning
the air motor to be used on the lexington
railroad. and was called forth by the brief
of Mr.. W. J. Hughes, representing the
North Capitol and lexington Citizens AS
ISOLATION upon the subject. In that brief
Mr.. Hughes commended:
l. There is no power in the Commission
ers to approve air motors so far as the
Belt Railway Company is concerned.
.. That the action of the Commissioners
is limited to the air motor arst tried.
3. That If the air motor is defective in
any respect it must be disapprovcd.
i. That the cir motor is still in the
perimental stage.
b. That the air motor, If approved, must
be placed on all the lines of the Ecking-
ton company. to the exclusion Of the troll
ley.
G. That the time limited for the expert
ments with air motors has expired.
4 That the burden of proving the COM
pressed air to be in all respects a proper
and satisfactory motive power Is upon the
railroad companies.
The Attorneys Views.
Attorney Thomas in his opinion answers
these questions seriatim. He says:
answering Mr.. Hughes first point, 1
have to say: If the Belt Railway Company
prior to July !, 1897, had adopted the air
| motor as a means Of propelling its cars
then it must begin to equip July ], 1897,
| and If. at the end Of the three months
| from that time the Commissioners are
| satisfied with the air motor, they may issue
permits to the company to equip its lines
with them. in which case it has until July
l. 1898, to complete the equipment.
LAS to Mr.. Hughes second point, that
| experiments with air motors on both lines
| of railway should have taken place before
July l, 1897, and that there can be no
| further experiments, / have construed the
| law to mean that if said companies adopt
ed the air motor as means for propeling
street cars or before July l. 1897. the
Commissioners have three months there
after within which TO form their judgment
| of the Sufficency of the system. but the
| company must begin to equip July /, 1897.
What Congress Intended.
I'm reply to Mr.. Hughes third point,
that if the air motor is defective in any
| respect it must be disapproved. I think
| the intention of Congress was to take the
| judgment of the Commissioners. whether
| the air motor was n satisfactory motive
| power. 1t was Fever contemplated that
| before the air motor could be accepted by
| the Commissioners as satisfactory it must
| be shown to be absolutely perfect. but
| only when it should, in their Judgment. be
| reasonably efficient. in the present state
| cars.
| I'm respect to the fourth point made by
| Mr. Hughes, that the air motor is still in
| an experimental stage. this objection might
| be made against almost any motor. Be
| cause the air motor is in an experimental
| stage is good reason, l think. why 1t
| should not be adopted as motive power,
| provided 1t is sufficiently developed to
| prove in all respects proper and satisfac-
| tory.
| Only n Change of Power.
| "As to Mr.. Hughes fifth con. ,ntion that
the air motor, if approved, must be placed
on all the lines of the lexington company
| to the exclusion of the trolley, think that
both the act of June 10, 1896, and the joint
| resolution of February" j, 1891, contemplate
! only change of motive power on the Eek
ington lines in the city of Washing -on.
Section IL Of the act Of 1896 provides for
air motors or the underground electric sys-
ten on the lines of the lexington company
within the boundaries of the city Of Wash
irgton.
by the first section of the joint resolu-
| ton the language Is: The companies shall
| begin to equip those portions of their re-
| spective lines which situated within
the bouHdaries of the city Of Washington
with compressed air motors In the see
| onl section it Is provided that If COM
| pressed air motors shall be adopted said
companies shall completely equip theil
; | re spective lines with such motive power
| Again. in section 3. it is declared that II
air motive power shall not he adopted or
| or before July l, 1897 then said companies
shall within one year from that date 'equil
their respective lines In the city or p" ASH
ngton with the underground electric sys
: tenn
The Time Limit.
LAS to the sixth point in the brief of Mr.
Hughes, which involves the time limit TO!
experiments with air motors. l have al
ready advised that if the railway compa
{ MES adopted the air motor prior to July l
1897, they have until July 1. 1898. TO fully
EQUIP their lines with them, provided the!
prove satisfactory to the Commissioners
. otherwise they are required to equip will
/ the underground electric system within tn
same period.
Il quite agree with Mr.. Hughes that tn
burden of proving the proposed AR motto
a proper and satisfactory motive power Il
1 upon the railroad company.
1T is for the Commissioners to approve
; | these motors as a satisfactory motive pow
4 | er. This carries with it the idea that it Il
e for the companies to demonstrate to tn
. | Commissioners the efficiency of the motor.
\ |