The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-04-13
THE MAYORS OPINIONS.

He Opposes the Laying OF Railway Tracks
on Broad Street, and Asks Councils to
Prevent II.
This afternoon the Mayor sent into Councils
the following important and interesting mes
sages:-
To the Select and Common Councils of the City
Of Philadelphia gentlemen: I'll have been Informed
that the Thirteenth and Fifteenth Streets Passenger
Railway Company are preparing to Law tracks on
Bread street, northward from Federal street to
Columbia avenue, with view to running passenger
cars thereon; and believing that this use of Broad
street will be very obnoxious to a large majority OF
the people of Philadelphia snd that the right thus
claimed to be exercised Is OF doubtful validity re-
spectfully ask such attention you thiok the sub
iect demands.
Recent events have unmistakably shown that the
people OF Philadelphia regard Broad street as prin
cipal avenue. which should always be kent unob-
structed In funment OF the public promise made by
the Legislature in 1885, and unless the railroad COM
pany has acquired a clear and undisputable legal
right thus 10 obstruct the street. their attempt
do should be at once stopped. hasty examination
OF the charter Of the company under which this right
is claimed induces me to believe that it cannot be
sustained. The company through which this right
is supposed to be derived had doubtful existence
its proceedings seemed to De full of irregularities;
and It's intended use of being an adjunct of foreign
corporation having been prevented by judicial au-
thorty the execution OF any of its powers and fran
chises appears to have been suspended, il not en-
The passage by the Legislature of the act OF 1866
declaring that Broad street. Of its entire length aud
BREADTH shall forever be kept clear and free from all
railing or other obstructons, speaks plainly the OBJ
ject intended to be attained especially the earlier
sections OF the same act authorized the removal of
any track previously laid that street. The proyi-
sion by the Legislature first for the removal OF the
existing railways on Broad street, and next for the
prevention OF any future membranes OF that knd,
1t was supposed as sufficient to secure the enjoy
ment Of that public avenue to its fullest extent in
order to guarantee to the owners of pro-
expended by them for paving and
other improvements shall be faithfully applied it is
made q contract, for an.expressed consideration by
which the Legislature deprived even itself OF the
power of revokng the privileges thus granted OF
changing the condition Of Broad street any future
time. That it was intended to repeal any existing
rights, such as are now asserted, is clear, and
therefore recommend that you promptly adopt such
measures as you deem necessary to settle efectuay
whether the legislative purposes shall be fully ac-
complished, and ANYTHING done by you shall have
my cordial and prompt cooperation.
Very respectfully, DANIEL NJ Fox.
The Entertainments of telegraph COmpa-
nies.
The second message read thus
Having been recently apprised by one of the High
CODstables that some person or persons in the
poy of one or more telegraph companies were, with
view of placing telegraphc wires thereon, engaged
in planting large poles on the footways OF Fifteenth
street, between Market and Chestnut streets, with
out the consent or knowledge of Councils, and with
steps to be taken to put stop the movement re-
suiting in the arrest OF one OF the workmen there
found SO engaged, who, upon a hearing
before Alderman Kerr, committing magistrate
at the Central Police Station, was held In $500 bail
for his appearance at the mex term Of the court OF
Quarter sessions Of the peace and for the city and
county to answer the charge OF creating nuisance
and obsTuctng the public highway. The individual
under arrest, IL is sad is emplOye OF either the
Western Union or the Atlantic and Ohio Telegraph
Company, which OF them it does not clearly appear
the former being, as we have reason TO believe
foreign corporation and the latter having certain
restrictions and notifications in its charter which
make it extremely doubtful as to its right
to place poles on any OF the streets,
at least without the consent OF Coun.
ellis; but as there are large number OF these mag
netlc telegraph companies now having offices in our
city, some OF which resort to the dangerous expe-
dent of running their wires over the house-tops,
from chimney to chimney, whilst others do not
hesitate whatever streets they please placing
their poles thereon without regard to the public
stores or dwellings, or does injury to ag granite,
or good brick pavement, using poles of such width
appearance and height as may best suit their pur-
pose and that too without the slightest knowledge,
consent Of or even communication with the city au-
thorities have deemed 1t my duty in protection of
the public interests to the arrest referred to
to be made in order, if possible, to have judicial
determination OF the question as to whether the city
authorities have been affected in their jurisdiction
control over the public highways in this respect.
/ accordingly call your attention to this matter,
with the recommendation that such measures should
be adopted will either put an end to these en-
croachments upon the rights of the city, or by
judicial decisions have the position or the city so
defined in this connection; and If we have lost any
power, we may know what legislative remedy to
apply to recover the same.
Very respectfully,
DANIEL NJ. Fox