The herald., 1897-04-04
Councilmen Withdraw Requests
for Ten Days Delay
CONDITION OF PAVED STREETS
IMPERATIVE NECESSITY FOR
IMMEDIATE REPAIR
Communication From Superintendent
Drain to the Council--Weekly
Meeting of the Council FL
nance Committee

Mayor Snyder yesterday signed the
ypoie ordnance and as soon as it has
been published 1t will be the law. This
ordinance prohibits the erection Of any
new poles for carrying overhead wires
with the exception of those of electric
railways, and requires the removal of
all existing poles within one year, in the
business section Of the city, which Is
designated as the conduit area, all wires
after that time TO be carried in under
ground conduits.
After the passage OF this ordinance,
ard, after It had been sent to the mayor,
President Silver and Councilman Toll
requested his honor 20 withhold his
signature for ten days, which the exec
utiye agreed to Dc. 1. was understood
that the reason fer this request was to
enable the West Side Lighting company
10 erect certain poles on Main street, 1t
being understood that some sort of an
understanding had been arrived at be-
tween that company and the Fiesta COM
mittee, by which the latter were to have
the exclusive use of the said poles for
decorative purposes during Fiesta, and
also that a contract was pending be-
tween the lighting company and the
property owners for the lighting of that
street on the same plan AS Spring street
is now lighted, and which would also re-
quire a number OF poles For some rea-
son, when this fact was published
Messrs. Silver and Toll withdrew their
request for withholding his signature,
and Mayor Snyder promptly signed the
document.
Just what THE effect of this action of
the executive would be was generally
discussed about the city hall yesterday
afternoon, but it was generally believed
that some sort of an understanding or
agreement had been reached among the
councilmen by which the poles will be
allowed TO go up. Just how this will be
done is of course not known, but it is
believed that at the meeting Monday or
Monday week. at the farthest, the ordi-
nance Will be so amended as TO provide
that any existing company may petition
the council for permission to erect poles
al certain designated points. with the
permission of the property owners, With
the proviso that the said poles must be
removed within the time limit set By
the ordinance without further notice,
and that If such poles are not removed,
then the city shall have the right to re-
move the same without further notice ~
the company-in other words, by cutting
them down or by any other means they
see fl. By this amendment, it is believ
ed that the old companies can carry out
their contracts during the year that the
poles are to be allowed to stand, but that
no new companies will put up any, as
they could hardly go to the expense for
the short time they would have the use
of them.
As tc, the legality of the ordinance it
self there does not seem to be any doubt.
and 1t is limited that the attorne eys of the
interested corporations admit that the
poles must go, if the ordinance is not re-
pealed. Under section 81 of the city
charter it is expressly provided that not
only shall the city council have the right
TO regulate telephone and electric light
ing rates, but they shall have the power
at any time to order tie removal of all
poles and overheard wires and the plac-
ans Of the latter in proper underground
conduits This being the case the ordi-
nance Is merely In the nature Of an otiic-
ial notification to the companies in earn
est of the councils intention TO enforce
its charter rights, and this view Of the
case is borne out from the fact that il
Is provided in the ordinances that copies
of the same must be served upon all OF
the companies affected by its provisions
As to the criticism that the ordinance
is defective so far as causing the re-
moval Of poles is concerned, for the rea-
son that only a maximum fine of $500 is
imposed, whereas II should provide that
for every day the poles remain after the
fine limit had expired should be con-
strued as a separate offense, it Is con-
tended that the point is not well taken
1t is argued that. under the charter pro-
vision and the ordinance, a separate com
plant can be lodged against the com
pany for every individual pole or wire
and that the maximum penalty can be
inflicted in each instance, which will GER
talnly have the effect of nging the
companies to time, il there iSany dispo-
sition to evade the ordinance.
One point has apparently Y been over
looked in drawing the ordinance. and
that is in regard to the city fire alarm
system. The wires for the system are
carried on poles, and no exception is
made in their favor. 1t Is estimated that
q separate conduit system will cost from
$50. 900 to $40, 600 but it is probable that
some sort of an arrangement can be
made for using the general conduit sys
tenn, in case one is built, the city paying
its rental the same as any other Gus
toner.