The morning times., 1896-04-07
new SOURCE OF REVENUE
telegram Companies loPay Fees
for Excavation Permits.
WESTERN UNION PROTESTS
Attorney Thomas Asked 10 Decide the
Point Raised by Engineer Commits
sioner Under Act OF April %, 1892.
May End in Litigation-Minor Dis
trict Notes.

The Engineer Commissioner is of the
opinion that tie board is authorized by
section 3 OF the act of April %, 1892.
to charge fee for each permit issued
To the telegraph and telephone companies
for an excavation made TO plant pole,
and TO decide the point the attorney for
the District is requested To investigate
and make a written report.
Here is an interesting question raised.
In case il shall prove that the Commissioners
have the authority To establish and charge
q fee for all such excavations, il may
occur 10 them to make their order retro
active and collect for excavations made
during the past three years: and in case
they do not, il may occur to the people TO
call them TO account for not having con-
formed TO the requirements OF the law.
The point came up on the application
of Manager Marean for a permit 10 erect
forty western Union poles within the
District territory, and the Commissioners
enclosed his memorandum with their re-
quest TO the attorney.
SECTION REFERRED TO.
The particular section OF the act of S92
to which the Commissioners call the at
torney's attention, provides. among other
things, that the board shall be authorized
| to establish and charge fee for each
permit granted to connect any building
premises or establishment with any sewer
water or gas mains, or other underground
structure located in any public street,
avenue, alley, road, highway or place, and
also TO establish and charge a fee for each
permit granted TO make an excavation in
any public street, avenue, highway, alley.
road or space for the purpose of repa iring,
altering or extending any house sewer,
ntb
ground construct ion.''
Should the Commissioners be sustained
In the belief expressed, the fee for each
| excavation will be 81. bill rendered
the Western Union Company for forty
excavations, and amounting to $40, was
| returned by the manager with a protest
against In. collection of any amount for the
| privilege, and IL is believed that should
the Commissioners proceed 10 enforce
| payment the matter will be carried to the
| courts.
A pool OF water, about sixty feet square.
| has settled on the open lots bounded by
| Thirteenth, Fourteenth, Columbia and
Kenyon streets northwest, and the citizens
| of Columbia Heights are protesting to the
Commissioners and the health office against
the delay OF the authorities in having it
removed by drama ge.
sTAGNANT WATER ONLY.
streets were graded, and unless, and until
IL shall become stagnant, the municipal
government are not authorized to declare
it a nuisance and cause the space 10 be
drained.
The plans of the Engineer Commissioner
for the extension of streets in the second
and third sections, under the provisions of
the hghwayact. are now about perfected.
Nothing will be done after the work is
properly laid out on the maps, however,
until the court decides the pending con-
troversy, and in case the verdict rendered
| by Justice Cox shall be confirmed the
present plans Will await Congressional
action upon the amendments proposed by
| the Commissioners TO the original act
1t is Maj. Powell's intention, however, TO
prepare the entire plan 10 the point where
| enabling legislation may be necessary, nd
| 70 this end he has submitted to Mr.. Ohm
| stead, the landscape architect, s-aH the
completed plats for his Judgment, prepara-
| tory to the next step, which will be the
| preliminary work on the last sections TO be
| considered.
Mr.. 0lmstead has been going over the
| plans since Friday I'm the office of the
Engineer Commissioner. He leaves today.
The excise board yesterday transferred
| the license of Anna Weber TO Sophia Lurig
| at No. 1925 Sixth street southwest, and
| granted renewal 10 Michael Lyon, No. 9O6
| Pennsylvania avenue.