Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-08-28
THE ELECTRIC LIGHT.
MANY ppL,s ON PRIVATE PROPERTY

the Roles-Oplnlon0 Of the Lawyers-
rhe Contract with tho City.
There was quite an excitement on North
Duke street last ev,ning. Tho Maxim
electric light company, which has con
tract for lighting the city with electricity,
has had gang of workmen employed for
some weeks past in erecting the poles upon
which the electric wires are to be suspended.
Many hundreds of these poles have been
placed along the curb line of the pave
ments in nearly all the streets of the city.
Considerable opposition to their erection
has been manifested by property owners,
and in great many cases, after the holes
had been dug. and iu some cases after the
poles were erected, the company removed
them rather than have contest with the
property owners. Late yesterday after
noon the Maxim workmen commenced
digging hole in the pavement on the line
of the properties of Abram Hirsh and
John F. Steinman. on tho east side Of
North Duke street between Orange and
to dig the hole, Mr.. Hirsh's family pro
tested against it, but the workmen paid
no attention to them. Mr.. Hirsh was then
sent for and was soon on tho ground. He
ordered the men to desist, but they paid
no attention to him. He stood over the
hole to prevent them from digging, and
finally commenced to throw the DIRT bauk
into the hole, but the workmen dug it out
again. Mr. Hirsh then sent for A. J.
SteinmaD, esq, attorney for John +.
SteiDman who owns the adjoining prop
erty. Messrh. Hirsh and Steinman
Jointly sent request to his honor
Mayer MacGol igle asking him for
police protection tor their property aga!n.t
the trespassers and declaring that they
would hold the city and the Maxim com
pany responsible for damages. The mayor
under advice of J. w. Johnson, esq city
solicitor, declined to interfere. Mr.. John
son told him "to keep his hands OFF,
Harry Diller, chairman of the lamp COM
mittee was then seen. He said tho CON-
mittee had given no authority to the
Maxim workmen other than that in
the contract, and had not desirr.
mated the sidewalks on which the
poles should be set. He thought, how
ever, that tho Maxim company could
erect tho polsss IS Shey were NECESSARY to
carry the wires for the lights. Iron poles
would be too costly for them. Mr.. Diller
advised Messrs. Steinman and Hirsh to
talk persuas;ve!y and gently to the cleo
trio light people, and said they would put
the poles where it would suit them. They
replied that it would not suit them any
where on their ground, and they did not
want to shove them on to their neighbors.
Just before 6 o'clock last evening the
workmen succeeded in getting the pole in
place, and then they quit work for the day.
In less than an. hour afte! wards, Messrs.
Hirsh and Steinman employed men to cut
it down, and at the present time it lies
prone on Duke street, an object of intele est
10 the passers by on that fashionable
thOrOughtare.
The contest between the property own
ers and the Maxim wOrkmen caused q
large crowd to gather IN the vicinity and
diverse opinions wac expressed as to the
merits of the matter in dispute. This
morning representative of the INTELLI
GENCER interviewed number of lawyers
as to their views oa ths question, and they
We're almost unanimously adverse to the
claims of the Maxim company.
Ex- district Attorney B. r. Eshleman
says the Maxim company has not the
shadow of a right to the power they are
exercising and the city authorities can
give them no such right. Ths streets be
long to the property owners fronting along
them for all purpose, except that the public
ave the right of way.
ID. G. Eshleman, esq, expressed similar
views, saying that the company had no
right to put up the polls without the con
sent of the propert: owners. This was
also the opinion Of Csc NJ. Kline. esq.
Elk City Solicitor Chas l. Lands and
Levi Ellmaker, esq.,, took a similar view
of the matter, though they said they had
not thoroughly investigated the law in the
matter.
H. Clay Brubaker went still further and
said that not only did the company have
no right to put up the poles, and tho city
no right to give them such right,
but that the city could not itself claim
such right. He even doubted whether the
city had the right to lay sewers in the
streets, if the property owners objected.
The public had right of way over tho
surface of the streets, but they had no
rights under the surface that belonged
exclusively to the property owners. He
intimated that even shade trees, awning
posts, hitching posts, &c, were merely
allowed by sufferage-nOt by legal right,
and could be removed the same as any
other obstruction to the highway.
A. j. Eberly, Republican candidate for
no company had any right to erect poles
IL Va PAiNsStO PAoPOAOAScs AN ooASA
tho telephone company attempted to put
pole in front of his property il Wess
Chestnut street He forbid them to do it.
They then successfully dug holes in the
adjoining pavements of Benz. P. Miller
and B. Yecker, but these men objected
and they abandoned the attempt.
Col. Em,en FraEklir, ex-district at:Or
ney, was cf opinion that the company had
no right to put up the poles and could bo
proceeded against in the same way that
other trespassers arc proceeded against.
Several other members of the bar express
ed similar views.
On the other side, City Solicitor j. W.
: ohnsoa held that the company has all..tte
rights that the city can give them. As the
city has given them the right to put up
electric lamps it follows ttas they have
tue right to put up all necessary app!i
ances to carry the lamps. II poles are
necessary then they have tie right to put
up the poles. When the contract with tho
Maxim company was framed it was under
stood on both sides that poles were to be
used to carry the wires.
George Nauman, esq, expressed SUBJ
stantiaily the same views. He held that
the stl leets were offered for the use and
convenience of the public, and that the
city authorities had full control over them
and could use them in any way that tended
to tho comfort and convenience of the
public. They could make sewers, lay
water ard gas maiEs, set fire plugs, erect
gas lamp posts or electric light poles. Or
do anything else for the public use that
did not permanently obstrucs the
streets.
Mayor MacGonig,e and ex-Mayor Atlee