The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-13
ERECTED ON PUBLIC SPACE.
Telegraph Poles IN Brtghtweod Ave-
nue. Cause Contention.

Charles W: Darr, attorney for H. ]. DAILY.
recently wrote TO the Commissioners, noti-
flying them to remove within thirty days
from June 4, 1900. from the premises Of
DAILY, opposite the public school on Bright
wood Avenue, four telegraph poles and
wires, placed there by the agents of the
District without Days consent. Upon
failure to do so the Commissioners are In
formed that Mr. DAILY will take such ac-
tion as he is advised will be necessary IN
the premises.
The letter of Mr.. Darr was referred TO
the Engineers Department. Morris Hack
er, assistant to the Engineer Commission
er. reports that the poles in question were
placed on the outer edge of the east gut
ter of Brightwood Avenue at the time OF
the widening of that thoroughfare to sixty
six feet. Mr.. Hacker says that there are
two boundary stones defining this prop
erty which were used in defining this gut
ter line. One measures 32.5 from the pres
ent centre of tracks and the other 81.
The outer edges of the poles complained OF
stand just 80 from the centre of the tracks.
If these stones are the correct east line OF
Brightwood Avenue Mr.. Hacker is of the
opinion that the poles are partly outsise
of public space, a fact which can be as
certained only by the Surveyor. Continn
ing. Mr.. Hacker says:
Il recommend that communication be
sent to Mr.. Darr. informing him of the
facts as stated and requesting him to ask
his client not to interfere with the present
location of the poles. as to move them In
to the west would obstruct the gutter and
necessitate narrowing up the roadway 10
this extent opposite the poles.
'Mr Days spruce hedge is two feet
east of these poles, and as at present To-
Gated the latter are most conveniently
placed both for the owner Of the property
and for the public. 1t would seem proper
for this Office TO express, in view OF tne
improvement made along the DAILY 'front.'
age. the hope that, even If he may have
the right. he will not cause these poles to
be moved
In transmitting the report of Mr.. Hack
er to the Engineer Commissioner, C. B.
Hunt, the Computing Engineer approves
the report, and adds: THE Superinten-
dent of Roads Is Of the opinion now, as
he was at the time these poles were To-
Gated. that they are within the limits Of
the public space. 1t is certain that the
encroachment if any exist. is but trifling.
and can constitute no fair cause of COM
plant The contention as to these poles
being within the public space would be
entirely predicated on the assumption that
Brightwcod Avenue is but sixty-six feet
wide. AS the District maintains, and will
maintain, that it is ninety feet wide. this
question OF precision would be entirely
eliminated. 1t occurs to me that the West
ern Union Telegraph Company is entitled
TO be advised that these poles are located
where they are by the authority of the
District Oh supposed public space. and
that the matter be then taken up by the
District with Mr.. Daily or his attorney in
the manner suggested by Mr.. Hacker"
II is expected that the Commissioners
will act In accordance with the recommen-
dations OF the Engineers Department.