Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-30
WANT LEGAL OPINION
QUESTION OF COST OF MOVING
GAS MAINS.
Contention Of the Washington Gas
Light Company-What COM
sioners Think.

The District Commissioners today request
ed the corporation counsel for a legal opin-
ion as to whether the Washington Gaslight
Company or the District of Columbia and
the United States jointly is liable for the
expense to be incurred in the change in tie
location of gas mains necessitated by rea-
son of the change in the route OF the
Washington, Alexandria and Mt. Vernon
electric railway, in the vicinity of the new
municipal building.
Upon this question of liability for the
cost of the gas main changes the Com
missioners and the gaslight company nave
thus far been unable to agree, and, after
considerable correspondence between the
authorities and the gaslight company, At
torneys r. Ross Perry & Son, on behalf or
the company, have finally submitted TO the
Commissioners twenty-page brief In sup
port of their contention that the District
and the United States are required to pay
for the changes in the location of the gas
MAINS and that the gas company should De
relieved Of this expense.
Owing to the changes in the route OF the
electric railway new gas mains VIII nave
to be laid on the south side of street be-
tween 18th and 18th streets. and on the
north side of D street between 18th and
1917 streets. According to the brief OF the
attorneys for the gaslight company, the OF
ficers of the Washington, Alexandria and
Mt Vernon Electric Railway Company seem
to believe that the railway company is re-
quired to pay originally for all necessary
work done on the streets in connection win
the changes in the route of the railroad
This work includes the laying of tracks
and the changes in the location OF water
mains, etc.
The act of Congress authorizing the
change in route provides that the railroad
company shall make the changes and that
it shall be reimbursed for the actual cost
of the work by the United States and the
District of Columbia, jointly, a1ter the
work is all completed.
Under date of November q last the Com
missioners directed the gashght COM
pany to make, lat its own expense, sucn
changes in their gas mains as Will De neces-
sary to permit the construction of the new
line of railroad.
Views of Attorneys.
The attorneys for the gaslight COM
pany argued that under the provisions of
the law authorizing the change in the route
of the railroad the action of the Commits
sioners in requiring the gas light company
to change it's mains at it's own expense is
not justified, and sis against the spirit of
the whole legislation of Congress In the
premises" The attorneys further contend
that the gaslight company's right In the
streets mentioned is one of property, pro
tected by all the safeguards OF the consul
tuition of the United States.
"Of course the brief says. there Is
of Congress over this and other corpora
tons within the District is undimln1shed;
but there is no claim here that there has
been any attempted exercise of this power
in the instance in question. So far as APP
pears it is not even a regulation OF the
district 1t does not apply generally. 1t is
a sentence in an isolated case by the Com
missioners upon this gas light company
that it must be deprived of a part OF Its
property, and for this sentence there can
be found no warrant of law" The Messrs.
Perry declare that the action of the Com
missioners in the case amounts to singing
out of the gas company and an interference
of its franchise without rule of law.
1t is further argued by the attorneys that
Congress plainly intended that the District
and the United States jointly should bear
the expense of any changes necessitat ted
in connection with the change in the route
of the electric railroad If the gas light
company is required to change its mains at
it's own expense, the attorneys argue IT
will be charged for work done entirely for
the benefit of the railroad company, and
the gas company will derive no benefit
whatever from the changes.
The Commissioners are asked to rescind
their order to the gas company and the cor
poration counsel has been asked as to the
Commissioners authority in the premises.