The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-08-02
IN THE U. S. COURT.
The Postal Telegraph Co. and Var
mouth Electrics.


mouth EIectrics.
Not Finished Saturday-WiII be Decid-
ed To-day.
In the United States court before Judge
Webb, Saturday forenoon, the hearing
began in the case of the Postal Telegraph
Cable company against the Portland and
Yarmouth Electric Railway company.
This case arises out of an interference
between the location of the railway and
the poles of the telegraph company. The
telegraph company have brought a bill in
equity claiming damages for interior ence
with their line.
The hearing Saturday was on a motion
for a temporary injunction to restrain the
Portland & Yarmouth company from
interfering with the poles of the Postal
company.
Clarence Hale, Esq, was at orney for
the Postal company and Supt H. J. Pet
tengill was also present. Seth L. Lar
rabee, ESQ.,, represented the electric road
company, and there were also present Mr..
L. u. Harris, clerk of the company, and
Mr.. Louis P.Wheildon, the general con-
tractor.
Mr.. Hale in opening the case said tina
on July 16 the Postal company brought a
suit in equity alleging among other
things that the road which the electric
uses is post road and that by the laws
of the United States the telegraph COM
thereon, and that the Portland & Var
mouth Company have SO located their
poles unreasonably to interfere with and
even destroy the business of the complain
ant in transmitting its business over it's
lines. Mr.. Hale filed with the court the
general charter Of the telegraph company
under the laws of New York and the
lease of the Commercial Union of Maine
Mr.. Larrabee said the defendants would
admit the legal organization Of the Postal
Telegraph Gable company and it's author
ity to do business in the state subject to
the local police and municipal regulations
of the cities and towns.
Mr.. Hale then read section 1868 and
section 526S of the Revised Statutes of the
United States showing the authority of
the road to construct it's lines; also the
act Of March /, 1884, chapter 9, public
laws, wherein all highways are declared
post routes.
These formal preliminaries were admit
ted W ithout question.
The relocation Of the Falmouth Foreside
road by the county commissioners was
also taken up.
The Foreside road is very old having
probably been located by the officials Of
old York county; but in 1867 it was
located by the county comm tssioners as q
three rod road. Later the road has been
relocated as 60 foot road. These facts
were duly established by the complainant.
An affidavit was then presented from
Lineman Brown of the telegraph COM
pany reciting that the workmen of the
railroad had blown out lodges in places
detrimental to the telegraph company
line, and had set poles with iron brackets
under the telegraph wires in such-a way as
to interfere with and damage the wires.
These interferences were unnecessary, as
the brackets could have been put foot
lower or the road could have gone on the
other side of the road; also in blasting
little care was used in covering the
blasts and as a result the telegraph wires
were badly damaged.
AS the road is now located Linesman
Brown says that the trolley cannot be
strung without crossing the telegraph
| wires in several places, and thus destroy
| ing the usefulness of the line.
Another affidavit was presented from
Supt. Herman J. Pettengill, in which be
says the present location of the electric
poles will result in irreparable loss to
their lines.
Letters were also shown whereby the
telegraph company was requested by the
municipal officers of Falmouth and
Deerfng to move their poles as they were
in the way of the electric road The tele-
graph company says that to conform to
these requests new poles would be needed
and the expense of the relocation would
be more than $1,000. The public needs do
not require this; which is simply needed
for the convenience of the electric road.
The relocation of the highway to 60 feet
was required by the electric road, and the
telegraph company should not be made
to suffer therefor.
Mr.. Hale therefore claimed that the
| town has no right, for the accommodation
of another company, to warn the Postal
company off the road where it is located !;
and even if the town has such right the
| towns have not in this case proceeded in
the proper manner under law. The town
| of Falmouth gave no chance for a hear
ing, merely writing letter. Deering did
give the opportunity for hearing.
Arthur L. Edgecombs deposition as
circuit manager of the telegraph COM
pany recited certain general facts, and ex-
pressed the opinion that their line would
be electrically destroyed and the wires
burned off.
George Burnham, Jr., made affidavit
| that the WIDENING of the HIGHWAY was