Evening star., 1898-01-06

March 3. 1897, and June / of the same year,
in connection with the previous legislation
OF Congress on the subject of electric light
ing il this District
Judge Hagner then went into an eX-
animation of all the numerous statutes re-
lating to the introduction of electric light
ing in the District, remarking that the
course of that legislation disc loses a per
sistent and ccmmeEdable caution with re-
srect to the Introduction of this new and
powerful agency for lighting purposes
Commissioners Had No Authority.
Judge HaSncr called attention to the
fact that. in his written opinion the coun-
sci of the Commissioners advised the board
II at the law grants to the United States
Light Company TIL, privilege of extending
its conduits and wires to three specified
suburbs of tine city. 1t does not confer
upon the Commissioners power to permit
the company to extend its conduits and
wires. If it did, then it might well be
conteDded that the Commissioners possess
the discretion to designate the streets in
,Tl Thlch the extensions might be made"
TIE counsel for the Commissioners con-
cluded his opinion, said Judge Hagner,
by expressing the opinion that in order to
extend Its conduits and wires In 9th street
TO Columbia Heights under such regula-
tions as to the method of doing the work
as the Commissioners may prescribe the
application of the United States Company
should be granted.
Judge Hagner stated. "If the authority
claimed was conferred upon the United
States company in the unlimited term SUg-
gested it would be the only instance so far
as L have been able to find in which the
authority of the Commissioners has been
so circumscribed in the legislation of Con-
gress on the subject of electric lighting
What Might Happen.
After stating that the selection of streets
appropriate for the extension of conduits
would appear to be more important sub
ject for wise legislation than the depth of
bitches, the location of the manholes
the repair of the pavement, Judge Hagner
went on to say that it appears that each
of the numbered streets. beginning with
18th street west and including 18th street
east. is crossed either by New Hampshire,
Pennsylvania, Massachusetts, Rhode Is
l&nd New York Maryland avenue, each
of which contains existing conduts, or by
sCmc lettered street similarly circum-
stanced. If the construction under exam
ination be correct, remarked Judge Hagner
there would be nothing to prevent the
United States company from selecting one
or even all of those numbered streets, in
addition to 9th street and to those already
appropriated by it, for the location of COR
duits, connecting with already existing con-
duitS, and such avenues and lettered
streets, under the claim of extending the
line so ultimately to enter one of the
three subdivisions involved in the proceed
ings.
An Illustration Cited.
''The application for a permit to
struct a conduit from and 14th streets
up the latter street TO New York avenue
III Ger the claim that it would there con-
meet with an existing conduit running
To street and thence make connection
with Mount Pleasant and Columbia
Heights said Judge Hasner. affords a
practical illustration of the operation of
the thScry of the defendant company
tension being at least two miles distant
from Columbia Heights or Mount Pleas
ant"
The act is to receive a reasonable con
struction, stated Judge HaSncr. The per
mission TO extend the COnduitS to the sub
divisions ur,questionably assume that the
excavations should be made by the short
est reasonable route, so that the injury tC
the streets and the expense and discOnl-
fort to the public should be reduced to a
minimum. The words of the paragraph are
not loose enough to permit the injurious
consequences that would flow from an
exaggerated construction. According to
the aiage, "All roads lead to Rome but
a man who had agreed to pay another's
expenses from Paris to Rome would be
justly surprised and indignant if presented
with a Eill for expenses of the journey
from Paris around by St. Petersburg and
Constantinople. Congress would be equal
ly surprised. Judge Hagner said ne
must believe, to find that the electric light
which was shining due south of the three
subdivisions in question and near at hand
would be attempted to be introduced into
them through long and needless circuits
from the east or the west.
COnduits Not Too Crowded.
Although the afidavlts filed in behalf
of the defendant company are quite nuner-
GUS" Judge Hagner also said, II am con-
strained to say l am not satisfied the
existing conduits are too crowded to admit
of an increase of wires in the ducts ade-
quate to supply the three subdivisions.
The United States Company Enen it
availed itself Of the permits to lay conduits
on the streets leading to the Subdivisions
was bound to adopt appliances ample in
size TO meet every present and probable de-
lnand i'll the near future for the territory
which had been committed TO Its care, so
as to avoid the necessity of repeated cxca-
VatioES- If larger COndUitS had then been
used ii would not have been necessary to
invade other streets, because from what
may have been simply an error Of judgment
it constructed its conduts on too small a
scale. If such piecemeil methods were to
be allowed, numerous condLits might have
TO be placed in every street: anu the exca-
vatiOns would become Inccssant and most