Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-27
The Stringing Of Wires Outside City
of Washington.
COMMISSIONERS WITHOUT AUTHORITY
indefinite Extension of Telephone
Wires Not Now Authorized.
ATTORNEY DUVALL'S VIEWS

The attorney for the District to whom
the questions were referred, has advised the
Commissioners that first, further legisla-
ton by Congress is necessary in order that
they may be authorized to grant permits
to string telephone wires in that portion of
the District outside of the city of Washing
ton and, second, that Congress did not, in
the District appropriation act of March ),
1897, authorize the indefinite extension of
telephone wires over the streets and ave-
nues of the city
The attorneys first opinion was rendered
in the case of the Chesapeake and Potomac
Telephone Company which applied for per-
mission to string certain wires outside the
city limits. The company's application was
based upon that provision of the District
appropriation act. approved March ), 1897,
whereby the Commissioners are authorized
to permit the stringing of telephone wires
on alley poles at height not less than fifty
feet from the ground, and to grant tenn
porary permits to string wires from cable
poles or from existing overhead trunk lines
to poles in. or to be erected in, alleys, and
from alley poles in one square to alley poles
or houSe-top fixtures in another square for
the purpose of making necessary house con-
nections from all cable poles and existing
overhead trunk lines within the District,
such house connections to be made from the
cable poles or overhead trunk lines nearest
the subscriber.
In the opinion Of the Commissioners legal
adviser this act does not authorize them to
grant the permits desired by the company.
The question involved in the application, he
states. is the power of the Commissioners
to subject the public highways in the Dis
trict, outside of the city, to private or
quasi-public servitudes. He points out that
under existing law the Commissioners have
supervision and police control of the public
highways of the entire territory of the Dis
trict and he is of the opinion that the
stringing of wires along and over the high
ways constitutes a servitude thereon. The
legal quality of such servitude he believes,
is Identical with that of the servitude of a
railroad on the highway, the difference be-
ing in extent and degree. If the Commits
sloners may legally authorize the former
latter.
Parallel Case.
But it would not be claimed says the
attorney. that the Commissioners pos
sessed inherent authority to permit the
laying of railroad tracks in the public high
ways, for said the Supreme Court of the
United States, in Edmonds et al, Commits
sioners, against Baltimore and Potomac
Railroad Company, la. L. S. 453, the title
to the streets of Washington is in the
United States, and the right to use them
for any other than the ordinary use of
streets should proceed from Congress- The
title to the streets and highways of the
while it may not be vested in the United
States in the same manner as that of the
city streets. nevertheless is in the public
and public streets and highways all are
alike subject to the exclusive jurisdiction
and control of Congress-
The power Of the Commissioners to per-
init the construction of conduits in the pub
lie highways, outside the city, says the
attorney, was denied by Chief Justice Bling
ham in United States Electric Lighting
Company against Ross ct al, District Su-
preme Court, February l, 1896, and Con-
gress. he explains, July So 1885 authorized
the Commissioners to issue permits to eN
listing electric lighting companies in the
District for the extension of existing over
head electric wires outside the fire limits
and west of Rock creek, to be used for
lighting purposes only.
In recent case that of the United States
eX rel Mutual District Messenger Company
against Wight ct al, states the attorney,
an effort was made to obtain a judicial de
termination of the precise question under
consideration. Speaking for the Court Of
Appeals in that case, Mr.. Justice Shepard