The morning times., 1896-07-09
NO MORE WIRE sTR|NG|NG
Of Telephone Com
pany Vetoed.
RENEWALS ARE ALLOWED
Opinion of the Attorney for the Dis
trict Upon Request of sapeake
and Potomac Company to Transfer
Wires-Regarded as Extension Of
Service, FOrbidded by Law.

The proposition advanced By the Chcsa-
peakeand Ohio Telephone Company through
Judge Jere Wilson, several days ago, Il
the effect that under existing law it has
the right to transfer wires from one To-
cality TO another to make house coDnec-
tions, or to take down any given amount
OF wire in one locality and string an equal
amount else where, So long as its mileage
Of wire is not increased, has been mega
tived by the attorney for the District, and
the Commissioners are advised to reject
the application. no.
Attorney Thomas says that whether
this application is to be favorably con-
sidered or not depends upon the interpre.
talon to be placed upon the phrase ''addi-
tional overhead wires in the act OF Con-
gress approved July / 8, 1888, which pro-
vides that the Commissioners shall not
after the 10th day of September OF that
year, permit or authorize any additional
telephone, telegraph, electric lighting or
any other wires To be erected or maiD-
tanned on or over any OF the streets or
avenues of the city," and also requires
the District authorities to report to Con-
gress the best method Of having existing
overhead wires removed.
Is EXPRESSLY PROHIBITED.
The attorney cites subsequent Legislation,
affecting the issuance of permits for un6cr-
ground conduits, and prescribing regulations
to govern underground wires, also all of the
orders for local occasions when special
permits were issued for striDging wires
temporarily, and says that, after recognizing &
the system of poles and overi cad wires
belonging to existing telegraph, telephone
and electric light companies, Congress ex-
pressly prohibited the erection and main
teDance of any additional wires.
The effect of the legislation, he main Ia ins,
was to legalize the location of existing wires
as well as the mileage, and says that in
contemplation of such law Congress is sup
posed to have known such location and
mileage.
TheattorDey concedes tbattt eprohhibition
against additional overhead wires does not
deprive the companies of tie right to renew
their then existing poles and wires, in the
same location, as necessity may require, but
the Chesapeake and Potomac Telephone
Company, in its present application, he says
goes farther than this, and asks for an
extension of its system by changing the
location of its wires.
DRAWS A COMPARISON.
He adds that 'if it is permissible for
either the telephone company or the tele-
graph companies to extend their systems
of overhead wires, by transferring a line
from one locality to another, it is mani
fest that the accomplishment of the pur-
pose or Congress, the ultimate removal
OF poles and overhead wires will he frus-
tr;,ted or defeated.
II company no longer has any use
for an overhead wire, the probability is it
will take it down, In order to relieve
itself OF liability from injury, resulting from
its remaining overhead.
IF, however, in lieu of the abandon
ment OF an unused wire, a new or ad-
ditional wire may be put up in another
locality, 1t Will give the overhead sys-
tenn new lease of life In the face of the
act or Congress, the policy of which is
to terminate the overhead system.''
Mr.. Thomas regards the concession under
the law OF the privilege to the company
to renew the wires and poles as quite
liberal, and says President Bryan's re-
quest for liberality, in constituting the
law, is in effect, request for permission
to extend the system.
The attorney sees no difference be-
tween the use OF the word addition and
the word extension" the two terms. In
his judgment, being synonymous.