Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-12

put under ground whenever in their judg-
ment the public interests might require the
exercise of such authority. BY act approx
ed March ?, 1889 (25th Stat, S0i) the Com
miSSioners were authorized under such rea-
sonable conditions as they might prescribe
to permit any telegraph, telephone or cleo
trio light company to put it's wires under
ground whenever in the judgment of the
Commissioners the public interests required
the exercise of such authority. By act ap-
proved August g, 1880 Goth Stat, lO69), the
President of the United States was author
lied to appoint an electrical board consist
ing of three persons skilled in electrical
matters to consider the location, arrange
ment and operation of electric wires in the
District of Columbia, with a view OF secur-
ing a safe and convenient system of con-
du1ts or subways and the placing therein
of all new electric wires along the streets
and avenues of the District and other pub
lie places, and the removal of all overhead
wires and their support. This board made
a report to Congress, and the system recon-
mended by 1t is the one now in use in the
construction of underground conduits.
Not for the Benefit of Companies.
IF the effect of this legislation by Con-
gress is by implication to legalize the ex-
istence of the poles and overhead wires of
telegraph, telephone and electric light COM
panies in the streets and avenues of this
city, where such company has no under
ground conduits for its wires, still it must
be conceded 1t was not intended for the
benefit of the companies owning and oper-
ating electric wires in this city, but was in
the interests of public safety, and to pre-
vent the obstruction and designation OF
the streets and avenues Of the city. which
belong to the United States. Congress
never intended to deprive the Commission
ers Of the control of the streets nor to alb
solve them from the duty of keeping them
in safe and proper condition for public
ing Company is a corporation of the state
Of West Virginia, and its poles and over
head wires In this city exist not by ex-
press legislative sanction, but by virtue OF
permits granted by the Commissioners
from time to time, which permits contain
certain provisions to the effect that they
may be revoked and the poles removed at
the pleasure OF the Commissioners.
The Poles should Come Down.
''In view of the unmistakable policy Of
Congress that the overhead wires of tele-
graph, telephone and electric light COM
paries In this city be placed underground.
and the fact that the United States Elec-
trio Lighting Company has a conduit in
18th street, in which it can place it's over
head wires in that street, and inasmuch
as the company by its request to renew the
poles admits they are dangerous and
therefore a public nuisance, the poles
should come down. The Electric Lighting
Company accepted a permit to erect those
poles on the express condition that 1t might
be revoked and the poles ordered down at
the pleasure of the Commissioners. What
ever implied ratification, therefore. Con-
gress has given the poles, 1t is coupled
with the conditions annexed to the permits
by the Commissioners for their erection,
that they are revokable at their pleasure.
"As long ago, perhaps, as the poles in
question were erected. the means of carry
ing number or wires for conveying elec-
| trio currents in underground cables had not
haa dfSenNars1 pirf he Sfaf of 4 laa1 1yt &c
different now, and il is practicable for tele-
graph, telephone and electric light compa-
nies to avoid confusion and loss to their
overhead wires, and damages to persons and
property, injured by falling poles and wires,
by placing their wires underground. There
is, therefore no longer any good reason for
the continuation in the principal streets OF
this city of a dangerous system Of over
head wires where the companies have un-
derground conduits into which they can
place them.
whilst. as a general proposition. it may
be said that permits to telegraph, telephone
and electric light companies to erect poles
| In the streets, once acted upon by the erec-
ton of poles become binding contracts. such
| a contention cannot be successfully main
tatned where, as in this case. the electric
| light company has an underground con-
duit, and the particular poles and overhead
wires are no longer necessary for its busi-
| ress, but, on the contrary, have confessedly
become a nuisance dangerous to life and
| limb.
THE law imposes the duty of keeping and
| maintaining the streets and highways OF
this District in safe and proper condition
| for public travel upon the Commissioners,
and not upon the United States Electric
Light Company.
| The Control of the Streets.
when the Commissioners gave the Elec.
trio Lighting Company permission to erect
these poles and string wires thereon, they
did not thereby abdicate their right to con-
| troll the use of the street, nor relieve them
| selves OF the statutory duty of keeping II
| In a safe condition for public travel. nor did
| the Electric Lighting Company in virtue OF
| those permits acquire any interest in the
| street, but only a license or right to use the
| streets for its poles and wires, until they
| became dangerous distractions, or until
| they should be no longer necessary for its
| business. Whenever the poles, by reason OF
decay, become dangerous, or whenever, by
the construction of underground conduits
| they are no longer necessary. then they are
| a public nuisance and should come down
THE Electric Lighting Company desires
| to renew its decayed poles on 18th street be.
| cause they have become dangerous. To
| grant the desired permit would be not only
| to perpetuate overhead wires. contrary to
othe policy of Congress that they should be
| placed underground, but would be in disre-
gard of that fact that the company has an
underground conduit into which it can place
its wires.
| For these reasons ii seems to me that the
| request of the Electric Lighting Company
| to renew its poles, and thereby perpetuate
wires in 18th street, is inadmissible in view
| of the paramount duty of the Commission.
ers to keep the streets in a safe condition
for public travel, and the fact that the poles
are no longer necessary"
| Il am of opinion, therefore, that the re-
quest of the Electric Lighting Company
should be refused, and the company notified
to remove the poles within a given time
| because
such notice. the company refuses or me-
elects to remove the poles, then that the
| Commissioners cause IL to be done If the
| Electric Lighting Company are advised diff
| ferently, it will have ample time to apply Il
the courts for an injunction TO restrain the
Commissioners from removing the poles
Very respectfully, &C."