Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-05-27
The TeIeSraph Pole Case.


In the Equity Court room this morning be-
fore Judge Hagner, the case of r. c. Hewett
ct al. agt. the Western Union Telegraph COM
pany and the District of Columbia, rule to show
cause why an injunction should not be granted
restraining the erection of telegraph poles and
wires by defendants on 9TH street, between X
and Boundary streets northwest, was heard.
MessTs. W. a. Cook, Oscar Nauck, II. f. Davis
and " C. Stone appeared for the complainants;
j. Hubley Ashton for the telegraph COMPANY
and Mr.. Riddle for the District There was
present large number of the property holders
and business men of north 9TH street interested
The District filed a demurrer reciting that the
bill does not set out such case as to entitle
them to relief.
The telegraph company file objections to
granting an injunction, raising the points
that the object of this bill is to restrain what it
is pretended will be a public nuisance and that
the bill discloses no such special and irrepar.
able injury to complatnants as entities them to
the lnterposition of a court of equity; that the
vested Internationally in the United States:
that Congress- by the act of July "a. 1866 eX-
pressly authorized the Western Union Tele-
graph company to construct its lines of tele-
graph over and along the streets of Washing
ton; that the Commissioners of the District
must be deemed to have the power to license
and permit the company to reasonably use
portion of the highway for its poles, and that
there Is nothing TO warrant the belief that the
telegraph line in question would be any such
obstruction as could be treated as q nuisance in
the public street.
L he company also neQ an affldav1t Of MOrell
Marean, manager, setting forth the acceptance
of the provisions of the act of July oath, i S66
that in compliance with the desire of the Com
nllSsloners To lay their wires underground the
western Union arranged to try the experiment
and made application to lay underground
wires, and about the 18th of May it COM
menced to erect the line oil poles on 18th street,
above New York avenue. He states the poles
Will not be erected on private property, but on
the street, but SO as not to interfere with the
OF the street by the public. He states the COM
Pany has pole line on 9th street, but it is no
from the fact that the trees have grown up into
the wires and prevent their working: and it is
claimed by the authorities that the wires injure
the trees To concentrate the wires now ON
10th and 10Th streets would treble the wires on
the 9th street line, and would be impracticable
as the new wires would have to go below those
now there, and the company therefore decided
it best to abandon the 9Th street line and go to
1th street. By this plan. with less than one
mile OF new pole line within the city limits, the
company propose to dispose with about eleven
miles OF pole line and about 900 miles of tele-
gIapn wire. He says the company has deposited
$1,000 as guarantee for the removal; that the
Underground wires will cost not less than
$2o,Ooo, and that the line is experimental in
the present state of the art of subterraneous in
sulatlon for electric conductors. Even if they
work all right at first, it is uncertain if they
Will continue to work. The completion of the
pole line ON 7th street, he says, is necessary
part of the whole plan.
Mr. Riddle, for the District, argued the de-
murrer, claiming that the Commissioners had
not in any way exceeded their powers.