Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-05-07
AGAINST OVERHEAD WIRES
Judge Kimball Makes an Important
Ruling Today.
Law of 1862 Applies-Occupying Pub
lie Space for Private Use-TO Go
to n Higher Court.

Judge Kimball has decided that the
stringing of wires overhead is violation
of law and the parties who engage in 1t,
as well as the companies they represent,
are liable under the act of the late common
council Of November, 1862. AS heretofore
published In The Star, the defendants in
the case were two linemen in the employ
OF the Postal Telegraph Company, who
were caught in the act of stringing wires
across 9th street near New York avenue.
When first caught at 1t they were stopped
by the police. but were not arrested for the
reason that the act of 1858 provided no
penalty, and 1t was not known that the law
of 1862 would cover the offense.
When they were caught second time
they were arrested. and Mr.. Pugh. the
prosecuting officer. was consulted. The re-
suit was that the linemen. Philip A. Defer
and Harry Smith. were charged, under the
act Of 1862, with occupying the public space
for private purposes.
Lawyer Perry Allen, who appeared for
the defendants, admitted the facts In the
case, and argued that the law did not apply
to the case.
On the other hand. Mr.. Pugh said there
was no doubt about the law. If the COM
pany had put their wires only few feet
from the ground the law would certainly
nave dpplieu, ana the Iact That these wires
were probably fifty feet above the ground
makes no difference, so far as the law is
concerned.
He cited the case of the bridge across
Sth street for the use of the Post Office
Department, and said that such a bridge
would not be permitted to remain if con-
structed for private and not public use.
Counsel for the District also spoke of the
necessity for having such matters under
some sort of control. If such were not the
case. he said. it would be but few weeks
before the principal thoroughfares would
be filled with wires to the extent that they
would be far more dangerous than they
now are. The act of 1888, he argued did
not repeal the act under which this prose-
cution was brought, but did repeal the act
of 1863, which gave the authorities power
to permit the construction of telegraph
lines. This act of 1SSS simply takes away
that power and declares that no overhead
wires shall be put up.
Judge Kimball, in holding that the law
applied. said that If something is not done
to prevent the several companies from put
ting up these overhead wires this city will
soon be as bad as Boston, Baltimore and
Philadelphia, where the wire network in
the streets makes 1t dangerous in case of
fire, so that the fire companies are hardly
able to even put up a ladder. Then, too,
they diSfigure a city and rob 1t of its beau
ty. This is beautiful city and no such
network is wanted in the public streets.
The Judge said that he recently had oc-
casion to go to the roof of one of his build
ings, s,where eh found twenty or thirty wires.
but how or when they got there he could
not tell.
He had no doubt about the question of
law. The law certainly applies to the case
and was not repealed by the act of 1888.
The court accepted the personal bonds
OF the linemen to appear for sentence in
order that counsel may have time to pre-
pare papers for a writ of habeas corpus so
as to take the case to the upper court.
Mr.. Pugh Is satisfied that should the case
get in the upper court the decision of
Judge Kimball will be sustained.