Evening star., 1939-08-27

"a Washing VII diooS lidlA q tCl1lu1y dSO
in consequence of an undertaking on
the part Of the District Commissioners
Cos Versus 10 10 cohlraea p,. 1l Hiln
Electric & Power Co. for
Street Lighting portion Of the
Capital According to news article in
The Star of August %, 1889, the WASH
ington Gas Light Co. entered the case
as a petitioner for an in junction against
the Commissioners on the ground that
it was prepared to furnish the required
service at reasonable price and that
the Commissioners had no warrant in
company for the installation of lamps
in that part of the city lying north of
K street between First street east and
Rock Creek. The gas company further
contended that Congress had forbidden
the introduction of electric lighting
wires either above or below ground until
its pleasure otherwise had been ex-
pressed
The matter was discussed by The Star
editorially in its issue of August q,
1889. as follows:
The litigation between the gas COM
pany and the incandescent light COM
pany, to determine which shall furnish
illue eination to the Northwest section of
the city is of great local interest. The
main contentious of the gas company
are that the authority given by the ap-
preparation act to the Commissioners to
substitute other Illuminating material for
gas at the same or less price cannot now
be exercised. since, it is claimed, bind
ing contract for gas for the current wear
has already been made and cannot be
exercised in favor of the incandescent
light because, as it is claimed, this form
of illumination is not furnished at the
same or less price as required: and that
the authority to substitute other illum-
mating material does not include the
right to select as substitute the electric
light. since specific provision for electric
lighting is made elsewhere in the act
and since, to make this substitution, the
Commissioners must authorize the tear
ing up OF the streets for the laying of
electric wires underground, which it is
claimed they may not legally do, except
In cases where the wires to be buried are
already strung overhead
The lncandescent light company and
the Commissioners claim that the power
10 substitute other Illuminating mate
rial Tor gas gives all the authority that
Is needed in the matter; that the light
Is cheaper and better than gas and that
the substitution is of material at a less
price; that the limitation suggested by
the limited authority given them to per-
init the burial of existing overhead wires
applies only to private corporations serv-
Ing individuals and that the right given
the municipality to substitute other ma
terlal in place of gas for it's own use
carries with it the power to break the
surface of the public streets so far as is
necessary to effect such substitution.
Inc discussion whether the incandes-
cent light is or is not cheaper and better
than gas, with the evidence submitted
on tnls point. cannot fail to be instruc-
tive to the public. If superior system
HAAAo az ACoo CAPClSc lS proposed,
OF which the Commissioners are evi-
IDENTIFY convinced, then the people will
be desirous Of securing its benefits, either
now or in the future under further leg
islation If that is necessary. As to the
legal question Of the right of the Com
missioners under the existing law to
break the city's streets for the purpose
OF accomplishing an authorized change
IN the system Of public lighting, the pub
lie will await the decision of the court,
hoping that the question may be settled
at an early date. The public is inter-
ested on the one hand In the preyen-
tion Of any act by the Commissioners
which is considered by the court to
amount to surrender of the public in
terest to q private corporation without
the direct authority Of Congress; and on
the other hand 1t is anxious to avail It.
self as soon as possible of improvements
In methods OF street lighting and of any
legal method to escape from poor and
expensive gas"