The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-22

to Make Arrange HicntS With TcIe-
phone and Telegraph Companies
rs 10 the Swinging of wires.
The Commissioners of the District to-
day made public an opinion prepared by
A 3. DUvau. the Attorney for the Dis
trict. IN which that official holds that
the Commissioners have the right. IN
der The act of Congress. making appro-
Triation for the District Of Columbia for
the fiscal year 1872. TO erect poles for the
purpose Of extending the fiTc-alaTm sy%-
TEN along certain streets In Georgetown
and to effect arrangements for The joint
use of poles urou the streets of the city
by wires of the District police and fire
alarm systems and the telephone and tel
egraph companies
Mr. DuvaH SAYS 1t is plain that Con-
gress by its acts. wished as few poles
upon the streets OF the city as possible.
and that where poles must be erected to
conform to the requirements Of the pub
lie, their number be minihed by
joint use
The following is the text of the At
torney-s opinion, in part:
Il have duly considered the COmmunj-
cation of the Electrical Engineer OF the
District OF Columbia recommending that
he De authorized TO erect one pole on the
Southside of the following streets be
tween ThITtletL and ThITUy-tITSt Streets
namely. -, .. DumbaTtOu Avenue. and
Streets. which you referred to me for
opinion.
1T appears that 1t is necessary to erect
the aforementioned poles IN order TO Is
tablish the new ire-alarrn boxes II
Georgetown Il Is proposed that said
poles be used Jointly by the District ana
the Chesapeake and Potomac Telephone
The poles will connect the existing
District fre-aIarm lines on L, Q, and
Streets. The Telephone Company has
bought the necessary right Of way Tor
intermediate poles and wires on private
property and In order TO complete lis
lines and on account OF its use CT the
proposed poles the telephone company
offers TO erect them for the District with
out cost
The questions involved in the refer
ence are % whether the Commissioners
may authorize the erection OF poles on
the streets Of tire city OF Washington
and the strIuging of wires thereon Tor
the extension Of the District hre-alarm
telegraph.
-(z} Whether the Commissioners may
authorize the stringinE o. wires along
the streets Of the city OF " &ShlnSIO1 OF!
the existing poles of The District or on
the existing poles of other corporations
..E) Whether the telephone company
may b. authorized TO use the existing
poles of, or the poles 10 be erected by
the District on streets in the city OF
Washington for the purpose OF stTinSlIls
its wires thereon under the prov ISIoES OF
the Alley law
authority 10 arrange with the telephone
company for the erection without cost 70
the District, OF poles IN ta) streets or 90
alleys
The Appropriation act for the expenses
of the Government OF the District Of 60
luubia Tor the year 1872 approved March
] 1901 provides IS follows for extension
Of fire-aIarm telegraph
In order to provide for additional cir
cults in connection with new infringement
board fifty new boxes. 500 FOR pur-
chase and erection Of tie necessary poles,
crossarms. insuiators, pins. braces Wlfe
cable conduit connections extra labor
and other necessary items, $5.a15
The questions under consideration are
in1Dortart and a satisfactory disposition
Of them Is not free from difficulty Con
gress by its act approved July Is lS.&. e&-
pTessIy prohibits the Commissioners from
allowing additional overhead wires III the
city of Washington after September 10,
The act Of Congress. approved March
$. 1897 limiting the authority OF the Com
missioneIs to permit the erection Of teie-
phone poles IN pubic alleys, PROVIDED that
deemed 20 authorize the erection Of any
additional pole or poles upon any street.
avenue or public reservation within the
In view Of this legislation. am Of the
opinion that the Commissioners are with
out authority To allow the erection OF
or over any or t1e paD.ls streets 4i l.le
city Of Washington without authority
from Congress express or implied
The Supreme Court OF the District OF
Columbia ia United States Electric
Lighting Company vs. John " Ross 81
al Commissioners "a Wash. Law Re
porter ls5}, constituting the provision IL
the District Appropriation act OF June H.
1895. providing for electric are lighting
including necessary inspection etc and
for necessary extension Of such service
and the provision in The Sundry Civil APP
preparation act Tor electric IEG in
Franklin. lafayette Lincoln and judi
were by necessary Implication authorized
to grant permits 10 the Potomac Elec-
IFlc fv"el t1L5lial-E 10 tes e5liiLllS -l-I
wires GuElsr the streets Tor the purpose
OF furnishing electric arc lamps for said
parks. that the provisions Of the said
acts OF Congress would be a nudity I'M
less they carried an implied rloyver in the
Commissioners 70 permit the laying IN
der the streets wires necessary 70 supply
such additional service
The above quoted provisions q the
appropriation act approved March ! 1871
clearly contemplate an extension o. the
District fire alarm Ielegra ph. IN order u
make this extension Il Is necessary, a
Congress wen knew. to erect poles upon
the public streets and 10 string wires
along and across the streets The apPro-
priation IN terms provides among other
things for the purchase and erection Of
the necessary poles, wires, ca
I am Of the opinion that in order 70
accomplish this particular thing directed
by CcnSresS-DaTnely- the extension Of the
tati0n above mentioned, establishes BIZ
fair implication 4 grant Of power TO the
Commissioners 70 do all necessary inter
mediate things
Answering the above questions and >
/ am, therefore. o. the opinion that the
Commissioners may authorize the cree
tion Of poles on the streets Of the civ of
Washington. and the StriT ging Of wires
thereon FOR the extension IF the District
nre-alarIn telegraph for which said ap-
preparation was made ny Congress. and