Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-15
POLES IN THE SUBURBS
Attorney Thomas Opinion as to the Com
missioners' Right to Regulate Them.
They Can Prescribe Their Location
Telegraph Co.'s Application.

AS stated in Wednesdays Star, the at
torney for the District has rendered an
opinion upon the application of the Western
Union Telegraph Company to run line of
wires along the south side of Princeton
street between 9th and 18th streets, hold
ing that while the company has the right
to make the connection it has not the right
to select the route, that authority being
only vested in the Commissioners
This decision Is in direct opposition to
the contention of the company, which
claimed the right to erect poles and string
wires along any post road, in accordance
with the decision of the court in the Hew-
EFT case
The attorneys opinion says:
This application being for the erection of
telegraph poles and overhead wires outside
the limits of the city of Washington is not
governed by the act of Congress approved
July IS, 1888 (25 Stat, 323). prohibiting adj
ditfonal overhead wires after September
Is. 1888.
THE claim of the Western Union Tele-
graph Company, as represented by Mr..
Marean, is that having accepted the pro-
visions Of the act Of Congress approved
July "a, 1896. known as the national tel
highway in this District outside the city of
Washington in which it will erect poles
and string wires thereon.
The Hewett Case.
"Mr Marean cites Hewett v. Telegraph
Company a Mackey, i2D, wherein the gen.
eral term of the Supreme Court of the Dis
trict of Columbia refused an injunc ton to
prevent the Western Union company from
erecting. in 1856, line of poles and wires on
west 7th street in the city of Washington.
''Hewetts case does not prove that tele-
graph company by merely accepting the pro-
visions of the national telegraph act may,
without the consent of the Commissioners,
erect telegraph poles and overhead wires as
1t pleases in the public highways of the Dis
trict. Judge Merrick, in Hewetts case, af-
ter examining the question whether the tele-
graph act of 1866 was qualified by the joint
resolution of Congress of March 8, 1868. and
holding that 1t was not, and also that the
Western Union Telegraph Company, in vir-
tue Of the act Of 1866. had the right to ex-
tend Its lines along the streets and avenues
OF washington: because post roads within
the meaning of that act, at page 437, used
very careful language.
$50 that, while the court held the Western
Union company had the right to extend It's
lines along 7th street, yet that the right was
subject to reasonable control by the Com
missoners of the District, whose duty it is
to control the exercise of any right within
the District under the general police powers,
which they exert for the public good in such
matters Which means that the right Of
the Western Union Telegraph Company to
erect poles and overhead wires in this Dis
trict is subject to regulation by the Commits
sioners in the exercise of the police power,
which. as was said by Judge Merrick, they
exert for the public good in respect of such
matters
Congress. by the telegraph act of 1896,
sought to regulate commercial intercourse
among the states. That act, as was held
by the Supreme Court of the United States
in Pensacola Telegraph Co. agt. Western
Union Telegraph Co. (96 U. s., u, Is appro-
pirate legislation to execute the power of
Congress over the postal service. But the
act was never intended, as respect tele-
graph companies accepting it's provisions. to
exempt them from the exercise of the police
power.
Notwithstanding says Drummond, JUS
t1ce, in Western Union Telegraph Co. agt.
Chicago &c Fed. Rep, 3O9), 'telegrapnic
lines may be an instrument Of commerce, a
municipal corporation has the right to de-
termine how, in what manner and upon
what condition telegraph company shall
enter and pass through it for the purpose CT
allowing the citizens of the country to COM
municate one with another by telegraph
The Right of Regulation.
while the Commissioners may not pro-
hibit the Western Union Telegraph Com
pany from erecting poles in highways OUT
side the city of Washington, they may regu-
late the exercise of the company's right;
Trey may designate the street or road to be
occupied by the poles; they may locate the
poles, and prescribe their size and height
But. they would not have the right to say
that the Western Union company should
string it's wires on the poles of some other
company. This could only be done with the
consent of the other company, assuming it
would be practicable to do So
My opinion Is the Western Union Tele-
graph Company is entitled to erect poles and
string wires thereon Outside the city limi.s)
for the purpose of connecting the branch
office 1t proposes to establish with its main
office, the route, location size and height
of poles to be approved by the Commission
erS,'