Evening star., 1896-08-26
OVERHEAD WIRES
A New Question Arising Over a Pole
in an Alley.
LAWYERS WANT 4 LEGAL DECISION
The District Commissioners Not
Inclined to Help Them to It.
OTHER DISTRICT AFFAIRS
LAWYERS WANT 4 LEGAL DECISION
OTHER DISTRICT AFFAIRS

The question of the erection of pole by
the Chesapeake and Potomac Telephone
Company in an alley in square 1913. which
10 bounded by 18th and 18th, K and L
streets, and the stringing of wires thereon
was again brought up today at a board
session Of the District Commissioners,
when Attorney Jeremiah Wilson, represent
Ing the company, was granted hearing.
The Commissioners have heretofore passed
an order directing that a permit be issued
to the company for the erection of the pcle
but on the condition that all overhead
wires leading into the square shall be dis
pensed with. This action, apparently, has
not met with the approval of the company
and as result the attorney today appeal
ed before the Commissioners.
MIR. Wilson explained that he desires to
get the case into court for the purpose of
securing legal Interpretation Of the law
on the subject, approved August Z, 1894
which is as follows:
And the Commissioners of the said Dis
trict are hereby empowered to authorize
the erection and use Of telephone poles in
the public alleys Of the city of Washing
ton, provided, however. that all telephone
poles so erected shall be subject to use by
the said District for the stringing Of wires
tnereon 10 De used for fire-alarm and police
purposes without any charge therefor to
the said District, such privileges as NAV
be granted hereunder to be revocable mt
the will of Congress without ooao a.
ticn."
The sole question in the case. IT was
stated, IS whether or not the issuance of n
permit Tor the erection of a pole carries
Wltn II the right to string overhead wires
IN an INFORMAL discussion of the matter
with the Commissioners, the attorney for
the District, Mr.. S. T. Thomas, gave It as
his opinion that the law did not authorize
the carrying of overhead wires into the
square, while the company thinks the law
winch legaliZed the existing poles at the
time of its passage and the erection of new
poles gave authority to place wires thereon
We want to get the matter into court -
sad MI Wilson. land the only way we can
90 1t is for the Commissioners to forbid
US to string wires. Now, gentlemen, will
you or will you not take such action?"
mere cannot be any doubt about the
statute" replied Commissioner Powell
Therefore, why should we take any steps
to facilitate an attack on that law?'
AS understand it," added Commissioner
Powell 'the law makes it discretionary
with the Commissioners whether or not the
wires shall be strung. Then, why should
not We interpret 1t so as to prohibit the
erection of overhead wires If we believe
such to be n opposition to The public in
terest?'
After further discussion, the Commission
ers decided to confer further with Attorney
Thomas before taking action. They prom
fsed to communicate with Mr.. Wilson on
the subject early next week.
Asked to Explain.
Complaint having been made that the
Washington, Alexandria and Mount Ver-
ron Railway Company refuses to stop it's
cars or carry passengers to The District
line, the Commissioners this afternoon re-
quested the company to show cause, if
any. why cars should not stop for pas
sengers between the northern terminus of
the road and the Long bridge.
A Public Stand.
the Commissioners have designated 7th
and X streets northwest as a pubic stand
for the accommodation of not more than
fifteen vehicles.
Protecting Public Space.
The Commissioners this afternoon noti-
fled General Agent William Alvey of the
Baltimore and Ohio Railroad Company that
they do not consider that they can proper
ly comply with his application for a per-
nit to remove the siding from it's present
location in square 619 and extend it on
the parking along tine front OF the square,
as tie proposed relocation involves the
occupancy of public space to- the interfer-
ence of its use by the public and to the
peril of pedestrians.