Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-05-04
THE OVERHEAD WIRES.
Provisions Of the Act OF Congress on
the Subject.

NO PENALTY ron THE VIOLATION OF The Law
VIEWS OF OFFICIALS As TO THE REnEpY-wHAr
OFFICERS OF COMPANY sAY-wIREs IN "ALLKYs'
NOT A VIOLATION OF LAW.
II was stated In Yesterdays SrAR that Police
man Boardman arrested three employees of the
Chesapeake and Potomac telephone company
on complaint of Julius Emner, that they were
violating the recent act Of Congress relating to
the telegraph and telephone service. 1t was
further stated that when the case was taken to
the Police Court it was investigated by Assist:
ant Attorney Armes, who declined to take sc-
ton. The law passed at the recent session OF
Congress on the subject Of overhead wires
reads as follows:
The Commissioners Of the District Of CO.
lumbla shall not, after September Is. lSSS. per-
NIT or authorize any additional telegraph, tele-
phone, electric Light or other wires to be
erected or maintained on or over any of the
streets or avenues Of the city of Washington"
The Commissioners are also directed to investi-
gate and report to Congress the best method Of
removing all electric light wires from the air
or surface of the streets, avenues and alleys,
and the best method of interring the same
under ground.
MR.. EMNER's LETTER TO ATTORNEY ARMIES
Mr.. Emner was not satisfied with the DISPOSE
ton made of the case, and last evening he adj
dressed a letter to Assistant District Attorney
Armes, in which he charges that companies
operating in this District have repeatedly vio-
lated the provisions of the law against overhead
wires without any attempt on the part of the
authorities to force them to comply. He asks
an expression Of opinion as TO how and by whom
the law is to be enforced, whether the Cohmis-
sloners can grant permits for constructing
overhead lines whether it is the intention of the
~ liz,
anywhere in the district except across streets
andavenues, and whether violation of an act Of
Congress is not misdemeanor punishable bv
Tine or Imprisonment. though no specific penalty
Is attached by the statute.
THE WORK GOES on TO-DAY.
Employees of the Chesapeake and Potomac
telephone company were engaged this morning
in completing the work which was interrupted
yesterday by their arrest, that is the putting of
a telephone into the Office of Chas. J. Fanning
92l II street northwest. The wires complained
OF were run from pole in the center of the
square and along the alley to the Office where
the telephone was located.
THE OFFICERS OF THE COMPANY CLAIM
that the arrest of the men was illegal. because
they were stringing wires in an alley and not
over streets or avenues, which alone are men,
toned in the law. A STAR reporter was told
this morning at the telephone Office that there
are number of dead wires run into the center
OF squares, and when a telephone is needed on
that square the necessary wires for connection
can be put up without extending across a street
or avenue. 1t further stated that a permit
| is necessary from the District Commissioners
in order to run wires in the streets. the lack
of penalty in the recent act of Congress is of
no consequence. If wires are put up without a
permit the regulations are violated and prose-
cution follows 1t was further stated that the
company proposes to obey the law both in letter
and spirit, and that nearly all the wires in use
in the central portion of the city are now
is being extended.
WHAT ATTORNEY ARMIES SAYS.
When asked about the matter this morning
Prosecuting Attorney Armes said that he could
find no law under which criminal prosecution
could be instituted for erecting overhead wires.
The law, as printed above provides no penalty,
and its violation cannot be punished. He said
that the law as passed did not mention the
erection of wires over alleys, but he did not
think that the spirit of the law intended that
permits for the erection OF wires over such
places (alleys) should be issued. as the law pro-
vides for their removal. He thought that the
only remedy in such a case would be found in
the civil, and not in the criminal courts.
Prosecuting Attorney Shillington, who rep
resents the District in the Police Court when
asked by STAR reporter concerning the ques-
ton of erecting overhead wires, said:
There is no municipal ordinance dealing
with the subject of overhead wires. The only
way they can be reached by prosecution on the
part of the District is as DISTINCTIONS but as
the ordinances were not designed to meet such
cases they may not contain a remedy. The
way offenders should be dealt with, and pre-
sumo the District would avail itself of il. would
failure to comply with the law, to then cut the
wires down"