The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-04-15
Telegraph Poles in Cities.
From he philadeipAia Press.

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Judge Thayer, presiding judge of the
court of common pleas No. 4, yesterday
delivered an opinion in the case of the city
VS.. the Western Union Telegraph com
pany-a suit in which application was
made for an injunction to restrain the de
PENDANTS from erecting telegraph poles on
Tenth street, and thereby obstructing a
public highway. His honor reviewed in
detail all the statutes bearing upon the
rights and powers of the defendants, and
reached the conclusion that their right to
run telegraph lines and use other tee-
graphic apparatus through the streets OF
this city was subject to the consent of the
mayor and councils Of the city. On the
question Of fact as to whether or not the
poles We're a public nuisance Judge Thayer
said. 1T was alleged that the city would
be greatly disfgured by the erection Of
these poles, and it was argued that in
view of public injury and inconvenience
arising from the great extension of the
telegraphic system, tho great increase in
the number Of lines, and the consequent
increase of the size OF the poles and num-
Der Of wires, telegraph companies should
be compelled to lay their wires under the
streets instead of over them. 1t is impos-
sible for us TO doubt the practicablity Of
successfully working lines laid down in that
manner, in view of the fact, which is in
evidence, that for the last twenty-five
years all the important wires have been
carried underground through the city of
London, in the streets OF which city not a
telegraph pole is to be seen. The extent
Of the underground wires in London
according TO Mr.. Fleetwood, is at the pre-
sent time $500 miles. Underground wires
are also extensively used 10 Paris, Berlin,
Dresden, and other European citi IS.
In view of such facts all arguments
against the practicability of this method
founded upon mere theories and opinions
amount to nothing. Doubtless the time is
not tar distant when the necessities of nub-
lie convenience, anG the great increase OF
telegraphic systems in this country. will.
through the instrumentaity oflegislative
enactment, compel all companies to Law
their wires underground in the large and
populous cities of the country. But that is
the province of the legislative bodies. not of
the courts. When company is authoriz-
ed by its character to use both methods of
construction, we do not see that it would
be competent for us to confine them to
one, The case before us seems TO be de-
cided by the questions of law which have
been considered; but upon the questions
of fact, which have been above referred to-
we think the weight of evidence is with
the plaintiff, although the defendant
nave the advantage in quantity. The
witnesses of the latter, in general, content
themselves with the mere expression of an
opinion. The witnesses of the former
state many facts in support of their
opinions. Upon the whole case we are Of
the opinion that the defendants. The
Western Union Telegraph company, have
shown no sufficient title to warrant them il
erecting their poles and wires ON Tentl
street, between Market and Walnut, AND
that the proposed erections are contrary to