New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-13
WIRES MUST COME DOWN.
THE MAYOR MAY CLEAR THE STREETS BUI
NoPTHE ELEVATED STRUCTURES; I.
OPINION OF JUDGE. wALI.ACE+-To START wou4
AS SOON AS THE OFFICIAL PAPERa
.au ,rcunuvnI

=
ARE Received
The Western Union Telegraph Company, On ~
half Of which an Injunction was obtained from
Judge Wallace, Of the United States Circuit Court
last week, restraining the Mayor and Board Of
Electrical Control from interfering with the poles
and overhead wires OF tho company, met an sL
most entire defeat in the suit yesterday. Judge
Wallace filed his opinion yesterday in the clerks
office of the Circuit Court He holds, against the
argument Of the Corporation Counsel, that ths
United States Court has jurisdiction Of the suit,
He dissolves the injunction previously granted,
holding that the telegraph company is subject 70
reasonable police regulations by the State, and
that the laws relating TO the subways are poEce
regulations and are reasonable. He decides, now
ever that the placing Of the wires on the elevatea
road structures cannot be interfered with. Iks
decision is in part:
The case presents general question whether cern
acts of the municipal authorities of tho city Of Ncwfof
respecting Of grave local concern cone OF s0ous
TO be DONE pursuant powers deyoved upon tnea py
the Legislature OF the State such an INVASION OF s
paramount authority Of National Governnsent as "a
render them unwarrsnted. Telegraph companies tsas
have accepted the restrictions Of the law OF Oonse
u,y "a 1896 become TO Government business Agencies
Of the General Government and are given the pfivese
TO construct maintain, and operate" lines OF teesspn
er and along any Of the United States put nos
50 as to interfere with the ordinary aver on such foaos
All the streets OF the city Of NewYork are posoeass
because hey are etter-carrer' routes and au railroads
are nostroad The complainant accepted the provisions
Of tho law of Congress In 1897.
IL Is not open to discussion that the complainant II
protected by the National authority against any
ment under State authority upon the rights ano iha
ties expressly granted It by the acts OF Congress- OK
which IL enjoys in its dual capacity as an agent OK ne
Genera Government and instrument Of Interstate ana
foreign commerce. Nevertheless persons ana coipo-
raaons enjoying grants and privileges rom tno on
States exercising Federal agencies, and engaged IN
state commerce are beyond the operation OF tns M
Of the State in which they reside or carry on ensn u
mesa and IL is only when these laws incapacate or un
reasonably impede them in the exercise OF tnsn
privileges duties. and transcend the powers Na
State possesses its purely domesac auAs'
Of police internal commerce. that they mS.ao ,.
National Jurisdiction The which the oeienodns
ara proceeding to enforce unquestionaby belong "a ns
category Of police regulations, the power T" e''~ -
which has been left TO the individual States. " -
m be considered whether the statutes In question =.
the acts Of the defendants under them can % es .
under the State power Of police regulation, or "noo
what is proposed be done exceeds In any r.Ds's
boundaries Of legitimate regulation and eneross1 :,
the rights Of complainant. founded upon .ne ~" y.
Congress- or Incidental to the nature OF its eomi0es
Judge Wallace says that the law Oh 1907 :"
valid and that the question IL as 10 tns ie'''oA
ableness of the regulation, ana wheUner '1'
l0Cc
ant NAV be subjected are not such as may Justly
he exacted of every citizen and p oerty-owner
for the common good. 1t Is moi apparent
ba saws, how the regulation proposed impalrs
in env lust sense the privilege granted 10 tno
comnlainant by the law of Congress" Inc
opinion goes on:
,.,.,o.,or ,n ouestion does not contemplate any
,,,,or which Is not practically feasible, but whsS -
prescribed II judciously enforced can DO conphsu -
nv the companes operating wires without serious aetr
ment to their instrumentalities TheFe .e.'S1
aopbt whether the powers conferred by these sat'cS "
not pugatory TO the extent that they permit the COM
n,ainant to be deprived Of its right 70 MAINTAIN s~
operste is wires upon the structures OF the e'e'a
,Tay That railway is an Independents posi- foau VI Inv
1,r,sd s,aas in legal contemplation carved out Oh ena
,,s rnor which the structures erected and etae
,ao,sIation under whatever power 1t may oe cIs~'.
is impotent TO destroy the privilege given oy 'Ie
ConRress The power 20 remove tne "neS aAV's'
,rom these structures and to refuse to permit heni
be kept there under any circumstances 10 nov rs
hut "a equivalent to complete denial OF the prVese-
Inasnuch as the maintenance OF the WIRES VI No ~. a.
pio,nank uDon the structures OF the railway ooi"pp
not at present attended with any pubic
od The question is one of sufficient novelty ana In
nor,anca to be considered by the court OF last foe
doubt should be resolved In favor OF the cOnlp'A M
the purpose OF its temporary protecaon-
Judre Wallace says that,while the complainants
CIV the subways are defective, the detendan"
denv that they are, and as the city authorites
are apparently acting in good faith their deter-
mination is conclusive. He closes:
An order will be entered denying an miuncaoh anu
apo the stay heretofore granted as respects the re-
,.I NJ the complainants' poles and wires from tne
~ - .ntno an Injunction against any interference
~ ~, ao,ordans with the companants use OF the Srass
80 =, the Manhattan Railroad Company for operating ana
maintaining Its lines
As Judge Wallace is still in Syracuse ths
formal order will probably not be prepared ana
signed for several days
Mavor Grant expressed much qualification when
hc learned that Judge Wallace had dissolved tae
Injunction The Mayor said that he was not az
all surprised by the decision of the COURT anu
had predicted exactly this result on the day tnao
he was served with the process. He added AS
soon as am in possession Of the oicl papo,s sisns
declaring the action of the court, snsh ssuo
r,,, order 70 the Commissioner OF the Depof wneao
of Public Works directing him to remove AZ ,i VIZ
polcs and wires in the subway dlstrlcts. ~ VA wa
he framed carefully to specify the sTeets an"
local. les which to be relieved Oh tne inc''i1-
Commissioners D. Lowber Smith said that he was
all ready to receive and act upon tne Ma1or
order I'm districts supplied with electro isns
Mr. Smith said, where the poles and conductors
are removed, l have made provision lor tolnilns
on the gas and lighting the streeS fSe peeessary
orders SO that there will be no danger VI ""'ins
the people in darkness"
At the Bureau of Incumbrances i was said 10 ySs-
+ardsv that everything was in readiness Tor tne
W,oyy,s nrSer when IL came AS large force OF
nsS win be employed in taking down the polesI
wires. cables and electrical conductors as ths In
speco the Board Of h cCnt @ he eaeS
iD+o service il there are inspectors to direct them
General Eckert, general manager Of the Western
Union Telegraph Company, said thai ne haa nou
been informed officially OF Judge Mallaces aecis.
ion yacating the injunction. Until he had read
tbe decision it was impossible TO say what the
com pany would be likely 10 do now r. M Gala
Svav' vice-president Of the Manhattan Elevated
Railway Company, thought that the decision that
the city could not interfere with the wires of the
Western Union Company on the elevated roads
would answer all the purposes Of the company.
Secretary Moss, Of the Board of Electrical Con-
trol. yesterday received letter from General Nam
a0eP W. H. Eckert, of the Metropolitan Telephone