Evening star., 1900-09-19
ARE WITHOUT AUTHORITY
COMMISSIONERS Unable TO GRANT
PERMIT FOR CERTAIN C0NDUITs.
Law I'm the Case MAST GOvern-PrO-
posed Additions. to Electric
Lighting service.

Commissioners that number Of additional
public arc electric lamps be erected, among
which were the following: One on 1st street
between Peace monument and streets,
four on 18th street between Pennsylvania
avenue and' B street, three on Massachu-
setts avenue between 4th and 5th streets.
three on the north side Of Mount Vernon
place between 7th and 9th streets, seven on
14th street between B street and Maryland
avenue. three on Louisiana avenue between
9th and 7th streets, two on E street be-
tween 9th and 10th streets, six on 11th
street between Pennsylvania and New York
avenues, one on 18th street between F and
G streets. one on Vermont avenue between
III and l streets, one on e street between
Nth and 10Th streets five on the south side
of Lincoln Park. one on d street between
l2th and 18th streets, one corner OF 1Lth
and ID streets, one on 18th street between
G and D streets, and one ON 11th street be-
tween and streets, total Of forty-one
lamps.
The United States Electric Lighting Com
pany informed the District electrical engi~
neer, Mr.. w. c. Allen, that it was prepared
to build the conduits found necessary, and
as, In his opinion, the conduit connections
were necessary for the purpose of main
tanning the lamps ordered by the Commits
sioners, and as the electric lighting COM
pany did not desire to construct the con-
duits for any other purpose, Mr.. Allen rec
commended that it be allowed to put in the
connections, laying twO-way conduit
without the reservation of three ducts for
the District and the United States, as re-
quired in ordinary conduit extensions. Il
recommend this,' explained Mr.. Allen, "be-
cause the District has requested the cleo
trio lighting company to erect and main
tain these lamps by means Of underground
wires, and these connections can, | think,
be considered constructions for the District
for the public service.
Referred to Attorney.
Commissioner Ross however. was not
sure that the Commissioners possess
authority to grant the desired permit, and
at his suggestion the matter was referred
to the attorney for the District, Mr.. A. B.
Duvall, for an opinion. Today Mr. Duvall
advised the Commissioners that, in his
opinion, they are without authority to
grant permits for the conduits in the case
except in accordance with the provisions of
the act OF Congress approved June g. 1900,
providing for the expenses of the District
during the current fiscal year.
''The electrical engineer" states Mr.. Du-
vail, reports that it will be necessary to
lay short sections of conduit connections
in order to connect the arc lamps, and as
the electric lighting company does not de-
sire to build the cOnduits for any other
purpose, he recommends that it be allowed
to put in these connections, laying two
way conduit without the reservation OF
three conduits for the District and the
tions could be considered constructions
for the District for the public service. In
the District appropriation bill approved
June q, 1900, Congress appropriated for
electric arc lighting, including necessary
inspection, and for extension of such serv-
ice, not exceeding $4,000 Pro-
vtded further, that hereafter the Commits
sioners Of the District OF Columbia are
repair, enlargement and extension under
proper regulations, of existing electric
lighting conduits, and in every conduit so
constructed or to be constructed, under the
shall be reserved for the use of the United
States and the District of Columbia etc.
An ExplicftiRequiremen
1.-THE proposed connections can only be
made by the extension of existing electric
lighting conduits, and the explicit require
ment of the act of Congress is that in
every conduit constructed or to be con-
structed. under the provisions Of this para
graph, three ducts shall be reserved for
the use of the United States and the Dis
trict of Columbia The reserved ducts, 1T
will be observed, are not alone for the
use of the District, but for the use of the
United States and the District of Columbia.
Provision might have been made to
commodate such a situation as is now pre-
sented, but such provision was not made.
THE Commissioners do not have author
ity, as suggested, to waive literal COM
DilHi1Ce W1l0 tUp ACT u SOiisitSS anu COLI
slider the constructions for the public
service. If Congress had directed the
Commissioners to locate and maintain by
means of underground wires electric arc
lights at designated points, different
question might have been presented in re-
spect TO the character of the conduit.
Il am OF the opinion that the Commits
sioners are without authority to grant per-
mts for the conduits in the present case
except in accordance with the provisions
OF the above mentioned act of Congress"