Evening star., 1898-02-21
COURT HEARS ,,sAReUMENTs
Controversy BetwesH Rival Railways Over
Brown Electric System.
Aaacostia Company Seeks to Enjoin
- ST
the Capital Railroad From Fur
IE II
-, ther UsetrOf 4fs Plant.

Judge Cox. IN Equny Nourt; No. !. today
listened to argumeifts of counsel in connec-
ton with the Temporary restraining order
issued against the District Commissioners
and the Capital Railway Company on COM
plaint Of the Anacostta and Potomac River
Railroad Company. This is the case in
which the Anacestia company asks the
court to issue an injunction restraining the
Capital company from running its cars on
11th street east NJ street south and Sth
street east by the Brown system and to re-
strain the Commissioners from granting
any further permit to reconstruct the sys-
TEN or make further experiments on the
streets mentioned.
In addition. the AIfacostia company asks
that the Capital company be perpetuaIiy
enjoined from running cars in the streets
in question by means Of the Brown surface
system. and that 1t be decreed that the
company forthwith remove certain contact
boxes and plates and other distractions
from the streets
The Anacostia Plea.
The proceedings in court today were
opened by Mr.. Job Barnard of counsel for
the Anacostia company, who read the bill
Of complaint, setting forth. among other
| things, that the Brown system" is not q
| safe or satisfactory system for the streets
/ in the city of Washington; that 1t endan-
gers the complainant 3 nOFSeS, ana the lives
| of those who travel on the streets referred
| to heretofore: that it II Incompatible with
the underground system now in vogue on
| the Metropolitan road, and which is 1.-The
system to which Congress referred in the
| act of May %. 1896: that the Capital COM
pany ought not to be permitted to obstruct
| the road Of the Anacostia and Potomac
| River Company in such a way as to pre-
| vent its adoption and operation Of the un
derground system on its road: that con-
| tinuing to run the cars. and the granting of
! further permits and time for further ex-
periments with the Brown system would
| not only be without authority of law, but
| would be serious blow to the complainant
| and would do the latter an irreparable in
| jury; that the defendant company Is wholly
| insolvent. and the complainant can have no
relief for that reason against 1t in any ac-
| ton for damages. even II 1t was clear that
| any such legal action could be maintained.
| The bill of complaint also states that
| it's board of directors have been long con-
| templating the possibility of intrOduc-
ing some system OF rapid transit on its
| road. hoping that it's traffic might be
| thereby increased. and its road improved
| so as to better serve the public, and at the
| same time become profitable to its owners.
| 1t is added that the Anacostia company
| believes that the way will soon be open TO
it to install some satisfactory system of
apid transit over that portion of it's line
| running between the central part of WASH
| ington city and Anacostia. il 1t can be al
lowed the use of its tracks and roadway.
| Mr.. Barnard further read score
more of affdavits declaring that horses
| of the Anacostia company stepping on the
| boxes of the Brown System had been
knocked down. An affidavit of Paul A.
Draper. said to he an expert electrician.
| Draper the system is unsafe.
Commissioner Answer.
The answer of the District Commission
ers to the bill Of complaint was presented
| hNy ,y,,;e-
sioners state that they. have no personal
knowledge that the board of directors of
the Anacostia company have long been
| contemplating the possibility of introducing
| some system of rapid transit on its road.
| They add that no practical indication of
any movement in that direction has been
| manifested in any way. in so far the
| Commissioners are informed, except certain
| measures introduced in Congress. authoriz-
| ing rapid transit on the Anacostia COM
| pany's fines, none of which, however, has
| been enacted into law.
| Contir uiIIs. the Commissioners In their
| answer, say that they issued the permits
| for the installation of the Brown system
! only after investigation into the practical
| working of the system at Johnstown, Pa,
| where 1t was then already in operation.
| They also decided. they state. that the
Brown system is an underground system
| In the sense the term is used in the act of
Congress. The Commissioners go on to say
| that the 2Sth of January, there being then
| still some unsatisfactory conditions in the
| oper -.tion Of the cars under the Brown
| system, claimed by the Capital company
| to arise from mere defects in mechanical
construction. but which defects the Com
missiOners then considered the Capital
| company had been afforded ample time to
| perfect declared the system 1nsatisfac-
| tory and required tho Capital company to
remove the same from the streets within
| thirty days.
| The Commissioners further say that the
| Capital company has been engaged In re-
| pairing or improving the mechanical con-
| struction of the Brown system, and has
| applied for further extension. The be-
| lief is expressed by the Commissioners
| that there Is a reasonable probability OF
| perfecting and installing the Brown sys-
tenn. but that a full test would require a
| sufficient time of running under service
| conditions as to include all conditions
of weather. including snow. In addition,
| the Commissioners say that during a
| period of trial the system can be operated
with due regard to the safety of the pub
| lie and without undue damage to any other
| road using the same tracks.
Capital Railway Responds.
| Attorney J. j. Darlington presented the
answer OF the Capital Railway Company.
| After reciting something of the history OF
| both roads, the Capital company AYERS
| that the Aracostia company is instructing
its drivers to drive slowly along Its route
| In order that by so doing the cars of the
| Sdpltdi SoA'pduy COulu pc ooSeheSiSo anu
| delayed. 1t is denied that the road en-
| dangers the horses of the Anacostia COM
| pany or the lives of those who travel on
| the streets. as alleged.
SO far as the Brown system baing either
unsafe or unsatisfactory in the opinion or
| judgment of the Anacostia company 1t
| self. the answer concludes. the Capital
| company AYERS that the AnacOstfa COM
| pany, by its president, has. within the last
! three weeks, and subsequently to Its efforts
! to have the Commissioners condemn the
| same. as against the Capital company, ap-
| pany for a proposition to Introduce the
| system on the Anacostia compauys route.
| A large number of, afidavits wera pro-
dCsed by the Capital company to prove that
the system is not dangerous. as alleged.
The hearing, aftep theFeading Of the an
| swers and afidavits, was adjourned until
Wednesday. ,e
Summer and Winter Inn.
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