The Providence news. (Providence [R.I.]) 1891-1906, 1894-05-22
in THE COUNCIL.
Right Of City to Use Western
Union Poles Affirmed.
Repeal Of Recent Street SprinkIing
Act to Be Asked--FiItation Plan.

In the Common Council last evening
the Mayor submitted an opinion of the
city solicitor with reference TO the con-
troversy OF the Western Union Telegraph
company with the city as to its right to
the operation OF the police telegraph
system. The opinion was to the
effect that the poles of the corporation
could be used for the operation of such
other wires as the City Council might
direct. A resolution of inquiry in regard
referred to the committee on ordinances.
hesoiution was passed directing the
Joint special committee to appear before
the General Assembly at it's May session
and ask for the repeal of the act direct
Ing the commissioner of public works to
sprinkle any and all OF the streets. OF the
city, as directed by the Board Of Alder
men, the expense to be charged to the
highway appropriation, and the
passage of an act vesting the
expense in the abutting own
ers In the ratio of the benefits con-
ierred. bill was introduced providing
Tor the creation OF the office of superin-
tendent OF printing, defining his duties
and fixing his salary at 81 900 per annum,
which was referred. Resolutions asking
Tor legislation vesting in the COM
missioner of public works the
SitohiuB VI btTttt5 ana lanes not
accepted by the city. the abutting owners
10 pay one half the expense, was referred
10 the highway committee. Resolution
was passed authorizing the park commits
sioners to erect a boat house at Roger
Williams park at cost not to exceed
tl3,O00 and to be designated as the Dalrym-
pie Memorial. The board resolution
adopting the Morrison Jewell filtration
system and adding S161 900 to the appro-
priation for its construction, was made
the special order for the next meeting,
when the commission and DIR. Swarts will
explain the system and the necessity of
its introduction. The Council adjourned
for two weeks.
The Telegraphic Controversy.
The following communication was re-
eeived from the Mayor:
IA controversy has arisen between the
city and the Western Union Telegraph
company regarding the use OF the poles
Cf said company by the city in the ex-
tension of the police signal system.
"The city solicitor having, at my request
Furnished written opinion as to the
legal status of the city In the case, COM
municate the same herewith to your hon.
crable body for such consideration as
may seem desirable and necessary
The communication of City Solicitor
Colwell 10 the Mayor, showing the posi-
tion OF the city in the matter, Is:
I'm response to your inquiry as to
The legal standing of the city ia the con-
troversy between the city and Western
Union Telegraph Company, have to ad-
wise that understand the Western Union
Telegraph Company has simply the right
TO maintain its poles in the streets of the
city subject to the provisions and regula-
tions OF Chapter 81 of the ordinances.
II n reference TO use of poles, Section s,
Regulation 4, of said ordinance, provides
nat any person or corporation erecting
any poles to support such wires (referring |
TO telegraph lines as well as others) shall |
permit such poles to be used for other |
wires and at$*shments thereof than his |
or It's own whenever the City Council |
hall SO direct, ana upon such terms as I
the Council may impose.
section D, Regulation 3, of said ordi- |
rance, provides that the location OF any |
no all poles shall be changed at tine ex-
pense OF the person or corporation using
The wires thereon, and by such person or |
corporation whenever and as the city en- /
Eineer may direct.
And any and all poles may in case OF
public necessity be removed at any time
Without notice by the city OF Provi-
'ervants, acting in the performance of
Lheir duty without any claims for damage
'nerefor on the part OF any person or
corporation owning or using such poles.
Regulation . OF said Section 5 pro-
itos eHht pcxmisstou given Dy the Ilty |
Council TO erect and maintain such poles
Ind wires may be revoked in whole or in
part at any time, and any OF such wires
nay be cut and removed at any time.
Without notice by the city of Providence,
,r Its officers, agents or servants acting I'm
he performance OF their duties.
'Section 1 of Chapter S04, OF the ordi-
iances of 1887 provides that the city may
~ ordinance, resolution or order at any
ime and from time to time remove any
nd all telegraph aud other wires now put
Up, laid, used or maintained or which may
hereafter be put up, laid, used or MAIN
aimed within said city limits, which il
nay deem dangerous to the city or to
property, whether from fire or other
auses, or which, in ito opinion, NAV
Interfere with the means for notice of fire
r precaution against fire, now provided
r which may hereafter be provided by
aid city.
The provisions Of the ordinance and
OTIS referred to are clear and explicit and
Q any controversy over the exercise by
be city OF its rights under
he same / should advise that
he City Council has full power over
he location and maintenance OF poles.
nd that II may amend said chapter max.
ng 1t condition for the erec-
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