New-York tribune., 1907-01-19
CITY CONDUlTS OPENED
LIGHT MONOPOLY BROKEN
Long Acre Company Wins Fight to
Enter Subacag System.

By decision Of the Appellate Division Of the
Supreme Court, handed down yesterday. tho
Long Acre Electric Light and Power Company.
recently acquired by the Manhattan Transit
Company gets the right to enter the city's cleo
trical subway system. The decision may be Of
far reaching Importance. breaking the monop-
oily Of the Consolidated Telegraph and Subway
COMPANY, which has controlled the use Of the
conduits.
The Appellate Division confirms an order re-
Gently granted by Justice Dowling in the Su-
prem Court for allotment of space In the
Consolidated's conduits 10 enable the Long Acre
TO run three conductors in a lead covered cable
from the Long Acres powerhouse at NO. o4o
West 42d street through 42d street and sew
enth avenue to the Criterion Theatre in West
44th street. The fight for the right to enter the
citys electrical conduit system was begun by
the Long Acre company before that company
was absorbed by the Manhattan Transit Com
pany and the latter company was taken over
by John C. Sheehan and his associates.
Edgar Van Etten, vice-presdent Of the New
York Central Railroad Company, IS one of the
directors Of the Long Acre company ana VIII
soon assume its presidency. Other directors IN
clude William J. Clark general manager OF the
General Electric Company; William H. Lam
precht OF Lamprecht Brothers. bankers, OF
Cleveland; G. Tracey Rogers. president OF the
Binghamton Railway Company; William Har-
ris theatrical manager. and John C. Sheehan
It was announced at the time Justice Downing
issued his decision that the Long Acre company
would go into the business OF electric lighting
on a large scale and would cut down existing
electric light charges about one-half, with a
profit 20 the company. Mr. Sheehan has as
serted that the Manhattan Transit Company
viii support the Long Acre in its plans for de-
velOping a large business.
Justice Scott. writing the prevailing opinion
of the Appellate Division. says in part:
The organization OF the subway company and its
for electrical conductors marked the elimination
Of the long struggle, now passed into familiar his
public places on Manhattan Island OF the poles and
wires once used used for telegraph telephone and cleo
tions Of the respondent company are derived from
spectvely July "a 1886. and April I. 1857. between
said company and the commissioners of electrical
ratified and confirmed by the Legislature by chap
BY these contracts the subway company was
authorized 10 construct cOnduits for carrying wires
spaces in such conduits should Be leased 10 any
corporation having lawful power 10 operate cleo
place IN the City Of New York that may apply for
the same. including any company corporation
rnanufacture, use or supply electricity The con
tract also undertook TO provide against the danger
than il required, should prevent other companies
from acquiring space and further provided for the
building Of additional cOnduits as they might be
needed.
AS TO the subway cOmpany's objection that
there are not sufficient cOnduits for the
oOmpanys own use in certain streets and that
the company would have 10 give a bond atd
construct new subways IL the application Of the
Long Acre company for space were granted,
Justice Scott says the question of available
ducts is not an issue in the case. adding:
In any event the Commissioner OF Water Supply
Gas and Electricity has power 20 order new con-
duits 10 be constructed. and II appears by his
own rules that he Will do when and II he is
ways are insufficient 20 meet existing requirements
The case will be carried to the Court Of APP
peals, il is said. the subway company is de-
termined 10 make the best fight possible agains:
permitting rival OF the lighting trust TO use
The cOnduitg.
After the decision of the court had been handed
down, the following statement in part was issued
from Mr. Sheehans office:
Mr. Sheehan and associates now purpose TO enter
Into the field soon possible IN competition
with the present system Of electric lights With
70 watered capital 10 pay dividends upon. and no
antiquateo appliances and accommodations that have
with everything new and modern and up date,
the Long Acre Electric Light and Power COMPANY
viii be able 10 furnish electric lights at one-haif
the price which is now charged by the trust, and
stockholders OF the Manhattan Transit Company