Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-12
THE STRINGlNG OF A WIRE
Contention Involving the Rights Of a Cor
poration Upon Private Property.

Robert G. CalluE, manager of the Mu-
tuaI District Messenger Company, was to-
day charged before Judge kimball with
stringing a wire illegally on the Columbia
road. Mr. Callum was defended by Messrs.
Berry and Minor. and Mr.. James l.. Pugh,
jr.. represented the government.
The claim of the defense was that the
wire strung on private property. After
some argument Judge kimball decided that
the information was defective.
Mr.. Pugh said the information could be
changed SO to cover the case, and Mr..
Berry said he desired this done. it was
the purpose of the defense, in case Judge
kimbaIl decided that the company had no
right to string wires private property in
the District of Columbia, 10 carry the case
10 the Court of Appeals.
The Information. as corrected, was filed,
and Mr.. Callum was arralgned. He plead
ed not guilty, and was called to the stand.
Replying to questions from Mr.. Berry, Mr..
Callum said the positive Instructions given
by him 10 the employees of the company
Were that they must not do anything lille
gal. He did not know anything about the
stringing OF the wire in question, he said,
until about ten days before it was cut down
by order of the District Commissioners.
Mr.. Pugh asked Mr.. Callum if, had he
known the wire was put up illegally, he
would have had il cut down He answered
that had he been of the opinion indicated
by Mr.. Pugh he would certainly have had
the wire removed He was however he
said. still of the opinion that the wire was
legally placed on the pole from which 1t
was cut, above stated.
The Judges Decision.
Judge Kinlball asked for copy of the
police regulations on the subject of stringing
OF wires and after reading the appropriate
section. said he would have TO hold Mr.
CaIIum responsible on the information.
Mr.. Berry expressed surprise that the
court should have rendered his decision so
quickly. and said ii had been his intention
to argue the question. He supposed, he
said. that after the remarks of the court
an argument would be useless Judge Kim
ball replied that he was under the impress
sion that counsel did not intend to make
any argument, but he was willing 10 listen
to argument. and If counsel could convince
him that he was in error he would will
fngly change the decision and Mr.. Berry
and MIR. Minor each spoke. claiming that
there was no police regulation which reach
ed the pending case.
Judge ktmball said there was no aues-
ton that there was police regulation to
cover the case on trial but the question
was, did the District Commissioners have
the right to make such suggestion. He
wanted to hear argument from counsel on
that point. he said
Mr.. Minor then proceeded to claim that
the Commissioners had never undertaken
to regulate the strngiHg of wires on pri-
vate property
At the conclusion of Mr.. Minors address
Judge kimball said the question was too
important to decide off-hand and asked
that brief be submitted to him. He would
take the matter up outside of court his de-
cision to be rendered later.
Mr.. Callum was released on his personal
bonds