New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-30
THE WIRES MAY STAY THERE
JUDGE ANDREWS GIVES HIS pEClSioN'
s,,nw.vs.rr NOT READY AND THE COMPANIES

MOT ALLOWED TO DIG THEM
- s q, the supreme Court, yesterday
snaod o,xD long decision the electric nghV caSo
IN which he makes permanent INC .'O"., "a
straining the Mayor, Board of Eectrosi ooh'iV ~
Commissioner OF Public Works rom mVoiloine ~
the wires or other property OF the oni.eu oeH"'
%',.,.,n..trs company. The decision first gives
,,s.-v a, the law by which the company was forned
ana rec,tcs the numerous extensive iatepesVs Oh ho
cornoratiep IL says that the plainuH erac'out JUS
oo,es and strung its wires under authority gwen
In certain acts menscned In the opinione of the Legs
latupe AID with The permission OF the common @ouu'
ell Of tho City OF New-York.
1ns Jvdge SAYS: II does not admit OF dispute upon
tho papers before that some OF the paintns wires
are inperfectly insulated and are dangerous 10 me-
and that the protection of the public fuperaiVely
demands that such wires should be removed or mace
safe without delay. On the other hand the paintin
has vast proper? Interests at stake and asserts that
N ALWAYS has been and is ready and willing TO
make Tvs wires safe, II permitted TO do so.
The acts of 1854 and 1883 deprived the piantn ana
other companies therein mentioned Of the power 10
put their wires underground without permission OF
the present Board of Electrical Control or Its pred
cessors and such permission has never been gwen
Since 1855 IL has not been and is not now
In the power of the plaintiff other similar COM
oapies TO place their wires underground, except III
subways constructed by said Consolidated subway
Company. 1t has been possible since 1889 ana
It Is not possible for the plaintiffs or other similar
companies TO place very many OF their wires under
ground and If they cannot maintain them above grouhu
such wires must be wholly removed hno
Main intention of tho Legislature that poles ana
overhead wires should DO continued until subways were
ready"
The decision IN full would fill six columns OF The
Tribune The Judge holds that ii the Board OF b'ecV1
cal Control the right to remove any OF the oVeroau
wires It has the right remove all Of them, ana 10
r iuten cd IN
anv hoard however well constructed, so that could
crfpoe the business Of the city 1t could by ordering
the removal Of the telephone and telegraph wires
AS police regulation the Legislature could UNI
to,btedy compel the company TO put It's wires uhuer
ground bat it could not the same breath order the
COMPANIES to put their wires underground ana ulei'
having refused to give the companies permission !"
construct the subways and no subways having oeen
provided direct, permit the Board OF Elec'lIo"i
Control 10 destroy millions of property without making
am compensation therefor.
With regard to the allegation Of the companies tat
the Board would rot allow them to make repairs on
badly insulated wre the court holds that that was no
excuse for maintaining badly insulated and dangerous
wires They ought TO applied 10 the courts for
mandamus compelling the Board to grant the plVo5c'
and the Board really in duty bound 10 grant inc
privilege without order from the court Inc proper
resolution for the Board to have passed woud nave
heen one TO compel the companies TO turn on ue cur
rents from the wires which unsafe and the duty
OF their EXPERT was TO find whether the wires were
properly insulated not; but the Board was oNof'
reaching its power when it ordered that all the cur
rents must be turned off until the expert gave per
mission to have them turned on
Tho Judge considered the question OF what acton
would have been proper had the companies reused
10 turn OF currents from wires specified as Improperly
insulated, the most important one Drought up
He holds that the Commissioner of Public WORKS mas
right by the Consolidation Act TO remove oosuuctohs
from the Streets but that in that act there Is noOs
said about electric wires. Moreover II The wires dre
found 10 be distinctions and the Commissioner OF PUP
lie Works orders their removal on the order OF the
Mayor the Commissioner and not the Mayor Is noiu ~
sponsihle for it. The Mayors order acts aS siilplS
calling the attention of the Commissioners W '4e
obstruction. The Commissioners however, h@Vo w.
the right to cut down the wires simply ON the report
OF tAe expert ,-,- -.o
The oompanies cannot be deprived OF thor prop
erty without due process Of law, and consequently
they must first be warned, and then nave rod'oDeo
length Of tmo take down their Daoy inSu o1eS
wires or replace them with properly - thn
n this course is taken the Judge holds Iha1 od '
Commissioners would be acting Will, h1 N tSe Eommis
fbe law and the Court would uphoh Cle I'm Id
sloners In removing the wires after Suo orre
been taken If upon the trial. alr s sSen companies
should be found guilty and their badly 5 were
ne cause s% Of dc dea 55d hP oF fore % GTss
he Judge makes it of the coRdti0ns h OF I
~ trtsi before the Special Term in November
paul ID. Cravath. of Carter Hughes d Srae astr
ne decision had been rendered: The dcclson ~
very satisfactory TO the eomPanes ana arc Control
70 De TdSe;s opinion gives clear statement o.
fbe authority OF the Board over overhead bsIr
has been needed deed thus clearly Eag defined the and
he Companies ought TO be able TO Won attin ~
ts oseSeaS xiPos Hpt subw"Ss can be
provided in all parts Of The c Nf the United states
,um,rat,ns Company said that the decision AFFORDED
an opportunity which the company nad and Uso reSar its
oyerbesd lines in this city, and replace win rev we
Of the best insulation Roth eVfI e United EG states and the
Rnsb % companies since the original Injunction wa
granted had over Of I he very highest quality
of insulation IS place REGARDLESS OF Sdnd receive
feel ne SHo co. rbaf they are doing they spend
ING over 100000 in the interest VI pun, nreS which
SHy hone will have to 10 taken down within the next
two wears and subways provided tor t henj osolu
,on djreCting the COMMISSIONS of Public "orNS: 70
extend the dine for finishing me eiec urea noem
- Under construction from December l W Dc0e"
Der IS. .,o,,,r co,,p.N1Es
CENsURNG ELECTRIC LIGHT CoMfANIE''
Tho Jury in the case of the death OF D. L. a.
Feeks the lneman who died while repairing wlros
for the Western Union Telegraph Company fO0-O
the following verdict yesterday - ,ooo
We the inry find that on Friday, October IL 1852
between the hours VI one and TWO p H. 1OtA a, an
Feels while in the discharge OF MS guy as oS 90
ewn1oye Of the western Union telegraph Company
n,,+ng aIUay dead wires on the pole al the Soutn-
west Corner Of Chambers and Centre SITS came 10 ns
death 6y an electric shock caused by contact Win
Tt ~ f1n,on or Metropolitan Telegraph wire,
which they believe to have been c Sre or Drobab
u.s. wire N the Brush Electric Light Company, or OF
the Uniies States Illuminating COMPANY Was caused
We further believe that this accdeht "de caus '
by the dangerous condition and lack OF proper H.
sulation Of the overhead wires in the city, .oo q,
We also find that the system or oVeri "a Wits 90
ar nresent operated In this city IS constant menace
IN The lives and property of the citizens, and we con
denim the Of the wire known as CnIerwretS NIL
ard recommend dts immediate replacement with
properly insulated wire. -.
tbe overhead electric Eight wires which tS investga
ton has shown 10 exist In this city, we make the Io
lowing recommendations: 80 -,
That the subways should he extended with all
ossbie disnafch until ar wires in the city, both trunk