Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-07
ELECTRIC LIGHTING
Opinion Delivered in Controversy Be-
tween Two Local Corporations.
POTOMAC COMPANIES CONTENTION
1t is Sustained by Judge Hagner's
Decision.
O r D E r DIS WE'D

Judge Hagner this afternoon delivered his
OPINION in the case Instituted by the Po-
tomac Electric Power Company against the
United States Electric Lighting Company
and the Commissioners of the District of
Columbia to dissolve a restraining order
issued the 1st of last September Judge
hasner ruled in favor of the Potomac Elec-
tr1c Power Company, holding that certain
permits issued to the United States Com
pany by the Commissioners are without
lawful authority, beyond the permi ssion to
make needful repairs to keep in proper or
DER the existing conduits and wires of the
United States Company in the general form
IN which they were at the time the permits
were issued.
Inc preliminary contention of the de-
lendant company was that the comnlainanf
had no legal capacity to maintain a suit for
an ihJuhction to restrain the defendant
condm;,ss rom laying or reconstructing its
oontats III the streets of the city. The
contention Judge Hagner said. has reneat-
Ieis peei urged In similar applications in
t,le Dislrlct supreme Court for alleged
usurpations upon the streets by pr!yate
corporations. The last adiudication W
rendered January u last. in which the Pc
tomac Company obtained an Injunction
against the United States Companv To ,ra-
vent the illegal excavation of OH e+rna,
IN view of these reiterated decisions JuIga
I1aener overruled the contention yitbo1t
further examination,
The important questions rext h.foro .t,o
court were whether the District Commits
sloners had the legal authority 10 Grant 70
the United States Company the sayeraI
permits connected with the proceedings
ana whether the defendant comnany nc :
justified in acting upon them as II bas 49,
Judge Hagner detailed the vay in which
the right of either company TO occunv Tho
pubic streets with it's conduits and wires
Arose. "
Permits for Repairs
The permits issued by the Commissioners
to the United States Comnanv wore =,
enable 1t to repair its existing conduits"
after eight years use. The Potomac com
pany averred that the reconstructioy,,,
aIiowed for the most part resulted in the
United states company leaving the old
conouts unchanged and constructing adj
9 I, Independent parallel conduits in
uirect opposition of the acts of Congress
In the opinion of Judge Hagner. the Com
nnsSloners. in granting the permits ex-
ceedei their lawful authority in several
particuiaIs. The court stated that 1t seems
impossible to maintain that If the power TO
repair conduits were specifically con-
TERED by act of Congress it could be con-
duits
Among other things, Judge Hagner in
concluding his opinion, said that the whole
purpose OF the acts of Congress of 1897
would be frustrated by allowing the United
iotdteS CompanyS construction of the laws
TO prevail
That the United States company v-ould
nave an equal right to obtain similar per
fnlts' said the court, gradually embracing
every mile of its loSg line within the Dis
trict upon the same grounds cannot be de-
ined And what is granted to the United
states company cannot be refused to any
other electric light company" continued
Judge Hagner. ''and thus with the acts of
1897 staring us in the face every street in
the Dlstflct now containing a conduit NAV.
as quickly as the time will allow he
nled to its full capacity with various racep-
tacles for wires, differing in design accord
ing to the Judgment and interest of the
companies. And after this shall have been
accomplished, if Congress shall pass the
act establishing a. uniform system of con-
dults, 1t may find every street preoccupjed
mus greatly embarrassing or pertains en-
tirely frustrating the execution of the GEN
eral PLAN
Notice of Appeal.
The United States company announced
that 1t will appeal from Judge Hagner's
ruling to the Court of Appeals In the pro-
ceedings the Potomac company was repre-
scented by Attorneys J. J. Darlington and
A >. Worthingtoh, and the United States
company by Attorneys Jere Wilson. T A.
Lambert and Wilton ]. Lambert