The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-08-03
THE BATTLE OF POLES.
1t Was waged Again Before Jndge Webb
Monday.

" IdfIuOubu ElectflC ItalAN"J
was continued Monday forenoon. MI.
Larrabee continued the presentation OF
the defendants side, which was interrupt
ed by the adjournment of Saturday.
Mr.. Larrabee presented the afhdavlts
of Albert Fl. Waite, selectman OF raj
mouth, Fred J. Ilsley, civil engineer
Thomas j. Harris, clerk of the railway
corporation, chief contractor Whelldon,
and others.
Mr.. Waite said that the telegraph com
pany had been notified by the town au-
thorities to change their location but had
not done SO. Mr.. Ilsley made affidavit
as to the location and interference as
viewed from the engineers standpoint.
Mr.. Harris in his affidavit said that 1t
was impossible for the railway to avoid
the telegraph poles, that the widening OF
the highway had not been asked for by
the electric road, that the road had never
had any notice of interference from the
telegraph company; and that the removal
OF the thirty poles would obviate the
whole difficulty,
Contractor Wheildon also made affidavit
as to these poles and other points of inter
ference.
George E. Nickerson, of Falmouth,
highway surveyor, made affidavit as to
the location of the electric road.
Charles 3. Bibber, of Maiden, Mass,
treasurer of the Bibber-White company,
made affidavit as to the height of poles
and requirements of equipment.
). K. Latin, acting manager for G.
W, Blakesley & Sons, deposed that he
had had charge of the blasting and that
due care had been taken not to damage
the telegraph wires and in the single
case where damage had been wrought by
blast the damage had been repaired
with not over ten minutes delay. The
telegraph company had been promptly
notified, but when their man arriv ed
there was practically nothing to be re-
paired except the putting in of pole pin.
Charles L. Nickerson, of Falmouth, de-
posed as to the location of the road.
| W. G. Hopkins, in charge of the pole
setting, deposed that he had taken great
care in setting poles to do no damage to
the telegraph company wires. In one case
while he was doing an errand in Portland
his workmen disobeyed orders in the
setting of one pole.
This had produced short circuit; but
| this was remedied at once.
After Mr.. Larrabee had produced these
afidavits and had filed certain formal
documents relating to the statutes, the
question was raised by Judge Webb as to
whether the other side had evidence in
rebuttal. Mr.. Hale did not think they
had, but called attention to the fact that
some of the respondents affidavits had
been taken since the complainant had
made their presentation of the case.
| Mr. Larrabee then proceeded to argue
as to the rights of cities and towns under
| the police power to regulate the use of the
highways. The cases of American Rapid
| Tel company VS.. Hess; and of W. u
Tel. company VS.. Mayor of New York,
were cited to show that telegraph COM
panies exercising federal duties in inter-
state commerce are not beyond local
police regulations.
Having established this premise, Mr.
Larrabee turned to the Maine State law
of 1885 (enacted four years before this
telegraph line was built) specifying how
poles should be set, no company being
allowed to use the streets and highways
without obtaining direct and positive per-
mission from the town or city officials.
Various cases were cited in support of
this position; and also to show that when
it is doubtful whether company has Sc
cured proper permission for the location
of its poles, it is not usual to grant tenn.
porary injunctions against those alleged
to be interfering with the lines SO i'm
properly located.
A considerable number of decisions
and text books were presented to show
that municipalities may make such regu
lations as to the use of the streets and
highways as public safety and conven-
fence may demand.
Mr. Larrabee said that his clients were
legally located in the towns along the
route of their line and were doing the
work without any unnecessary interior
ence with the telegraph lines,
TheNa actual damage done the telegraph
lines was small and had been quickly
repaired. The exact fact was that the
poles of the telegraph company were in
the way of the railroad company. Noone
objected to the telegraph company going
through those towns. The electric road
had its location legally obtained; and it
left the remainder Of the road for such
location of telegraph lines as the munich
pal officers might give.
Deering had already given such loca-
ton. AS long ago as last May the officers
of Falmouth notified the telegraph COM
pany to change the location of it's poles.
The electric road had patiently submit
ted to the restraining order since July 16,
but the damage had been great. 1t was
desirable to get tho summer business of
the remainder of this season, and there
fore it was hoped that the Federal author
ity would not be invoked to delay still
further the completion of the road. This