Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-03-06
THE TELEGRAPH POLE CASE.
The Authority Of the District COmmis
siOners over Street.-The PracticabiI
ity Of Underground Wires.

The Seventh street telegraph pole case known
on the legal dOckets as Hewett ct al vs. the
Western Union Telegraph company ana the
District OF Columbia, is still pending before the
Court in General Term on appeal. The STAR
has published the complaint made against the
telegraph company and the District by Mr..
Hewett and other property owners on Seventh
street, together with brief synopsis of the
legal view OF the case urged by their counsel,
Mr. Riddle, the attorney for the District refer
ring to the fact that the District Is charged ONLY
with granting permit to the company to erect
its poles, contends that the District was in no
way necessary party to the litigation and
mas not and cannot have particle OF
legal interest in the case. Mr.. Riddle, however,
gives some attention to the question, as 1t in.
wolves some interesting questions of the practi-
cability OF transmitting communications under
ground, and, as he says, it may be necessary to
practically redefinc the powers and duties OF
the District Commissioners in reference to
streets and highways within their Jurisdiction
Mr. Riddle argues for the District that If they
had the authority to grant the permit, the per-
NIT was valid; if not the permit was merely a
dam across dry channel. He reviews the
various laws from which the Commissioners de-
rive their authority over streets, and opposes
the view of the plaintiffs that the power OF the
Commissioners is limited to requiring public
works and nothing beyond. He says that
broadly the Commissioners are the governors
of the District without legislative power
save in specified and limited instances.
There are, however, no express limitations of
their executive powers, which, in some direc-
tionS, are broader than those of any mayor of q
city or governor OF an American state. He
holds, that as the sole agency of the United
States this power OF the board Of Comm ission.
ers extends to and includes every subject,every
object OF rightful government within tile Dis
trict not otherwise specially provided for. In
the absence of specifically created and
confirmed powers, the Commissioners
would have the necessary authority 10
care for the streets resulting
trust, flowing from their position and general
duties. Mr. Riddle contends also that 7th
street is by an established letter-carrier route
and by virtue of law, post road and therefore
the Western Union Telegraph company may
The testimony and opinions of various experts
sion of intelligence by subterranean wires il
still a matter of experiment. The plaintifs
contended that it was not necessary to erect the
poles complained of, as 1t was practicable x
put The wires under ground. -
| NOT A CASE OF RUN-AwAY.-In q publ
| cation In The STAR of February Goth, givin1
| an account of incidents at the Night IOdgin5
House, reference was made to a cOlOred girl,
Jerusha Garrison, as having run away iron
home and found shelter at the lodging house
II was published that she was reluctant to n
| home with her mother. The facts OF the case q
| now learned are that the girl lost her way ant
was taken to the lodging house. Mr.. Eliot
| superintendent OF the lodging house, write
| 'she did not remain in the house more thai
two hours, her mother coming for her ane
| taking her home. She did not show any un
Willingness 10 go home, but was perfectly will
Ing TO accompany her mother