Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-21
THEIR AUTHORITY LIMITED.
Attorney Davis Opinion as to How Far
Telegraph Wires May be Extended.

1hEIh AUTHORITY LIMITED.
Attorney Davis Opinion as to How Far
Telegraph Wires May be Extended.
Some days ago The STAR referred to the
request Of the q. s. Electric Light company for
a permit to lay an underground conduit on
certain streets in the city, At the same time
Major Raymond, in an Endorsement upon the
paper, said that he considered the issuance Of
such permit highly Objectionable, for the
reason that the only legal authority under
which the Commissioners could grant the per-
NIT was clause in the District appropriation
act for 1889, which distinctly stated that no
such authority shall be exercised after the
termination Of the present Congress, and the
granting of the permit in question at the
present time, to take effect after the termina-
evasion of the law.
Maj. Raymonds recommendations we're not
concurred in, however, by the Commissioners
and Messrs. Webb and Wheatley made an order
directing the issuance of the permits Suisse
quently Maj. Raymond in another letter to the
Commissioners quoted the clause in the appro-
priation act of 1889 and 1890. relative to
electric wires, which was printed at the time in
The STAR, and requested that the opinion of
the attorney for the District be obtained ON the
qutstlOls suDultleu. Assistant Attorney DAVIS,
who had the matter IN charge, after a careful
study OF the case, rendered his opinion to-day
which is as follows: by the act of July Is.
1888, the Commissioners were forbidden to
permit additional overhead wires in the CITY of
Washington after September Is 1888 but were
empowered to authorize the trires' of any ex-
listing telegraph, &C., company then operating
in the District of Columbia to be LAID under
ground, such authority. however not to be ex-
ercised after the termination of the Fiftieth
Congress.
BY the act of March 2, 1889, the Commission
ers are empowered to authorize tie ore1head
cures OF any such company to be laid under
ground, such authority to continue only until
the termination of the Fifty-frst Congress.
Under this legislation it is clear that no addi-
tional overhead wires could have been lawfully
permitted In the city of Washington since Sep
TENDER Is, 1888. Considering the earlier act
alone it would seem reasonably certain that the
intention OF Congress was to prevent the cree
ton of overhead wires after the date named,
but to permit the laying underground either
then existing wires or any new wires necessary
IN extending the systems of the companies in
dicated, the words the srires' are sufficiently
comprehensive to carry this meaning.
The question arises, however, whether the
insertion Of the word overhead" in the later
act indicates any change of intention on the
part of Congress. 1t is cardinal rule of in
depreciation that every word in a statute is to
be presumed as having been knowingly used
and that effect must be given when possible to
every such word. The supposed impolicy OF
legislation plays no part in the construction OF
statutes whose language is plain.
Accordingly, effect must be given to the
word overhead This word, beyond all doubt
presupposes the existence of the wires intended
to be dealt with; and although most reluctantly
l see no escape from the conclusion that the
power OF the Commissioners Is limited by the
later act by the actual existence of the lines OF
wires that may be sought to be put
underground; in other words. am constrained
to think that under the later act the Commits
sioners may not permit any extension of exist
ing systems. This may be very unwise legisla-
ton, but with that we have nothing to do. OuI
duty is to ascertain the law and then obey it
no matter what we may think Of it in respect OF
wisdomVr the contrary. But do not think
that the companies are to be limited to the
actual number of individual wires that may
now exist. Wherever a line of wires now exist:
overhead think that the companies may be
authorized to transfer that line underground
and, if necessary, to increase the number OF
wires. l think that the word wires is used
collectively, and not distributively. 1t means
the line of wires taken as a whole, and not the
wires individually.
Accordingly answer the Engineer Commits
sioners inquiries as follows:
The Commissioners are authorized to permit
the companies to increase the number of theil
wires in laying them underground along exist
ing routes
But the Commissioners may not authorize
| the extension of a company's lines of wires int
the streets not now occupied by the wires o.
| such company.
A further question is suggested by the paper
accompanying the Engineer Commissioner
communication, viz: May the United State
| Electric Light company, under the permit O
| March 2, 1889, extend its lines of wire int,
| streets not then or even now occupied by it
wires? The permit in question was ISSUED
| under the earlier act mentioned. but | am O
| opinion that it must be limited by the lines OF
| routes of the companys wires then actually il
| use. To hold otherwise would be, in effect
| to evade the provisions of the later
| act as above interpreted, especially in view o.
| the fact that the later act was approved on the
| same day on which the permit was issued. The
law, except in peculiar classes of cases. to none
| of which this belongs takes no notice of frac
! tons of dav, and as on the day in question
| the Commissioners, on the Interpretation above
| given. limited in their authority to then exist
| ing wires. anxious as / am to reach a different
conclusion, see no way to do so. From these
views it follows that the application of the
| Spalding telegraph company, herewith re
| turned, must be denied"
The request of the Spalding telegraph com
pany. above referred to- is to lay underground
wires through certain streets to connect with a
| system of telegraph lines from Washington
| through Baltimore, Wilmington and Philadel
| phia to New York and Boston, and has beer
| heretofore referred to in THE STAR.
The whole matter was referred to Major Raw
! mond, who will make report upon it.