The Washington times., 1903-09-10
POOLROOn PEOPLE
ASKING INFORMATION
Was There Law for Order
to Cut Telephone Wires?
ATTORNEY FIELDS LETTER
Commissioner West Requested to Point
Out Statute Upon Which Mandate
to Company Was Based.

Thomas NJ. Fields. attorney for the
poolroom people, has written Commits
sioner West the following self-expIana-
tory letter regarding the Commissioners
recent order TO the Chesapeake and Po-
tomac Telephone Company to discon-
meet the telegraphic service over the
wires run by the telephone company to
their property in Maryland just be-
yond the District line:
''S17 Four half Street, n. w.
Washington, ID. c, Sept 3, 1903.
Hon Henry L. West, Acting President
Board of Commissioners, D. c."
Dear Sir: AS attorney for the lessee
OF the wires run by the Chesapeake and
Potomac Telephone Company from this
city to a point in Maryland, near the
district line and near the Chesapeake
and Ohio Canal. I beg to ask for the fol-
lowing information. relative TO your re-
cent order to the telephone company to
oisconnect these wires:
4. What law prohibits the telephone
company from running these wires?
2. What law prohibits the telashone
company from leasing its wires for teIe-
graphic service?
81 What law requires the telephone
company to run or use its wires exclu-
sively for telephone serviee2
Knows of no Statute.
$50 far as I am able to learn, there is
no statute in force in this District
which expressly gives the Commission
ers any power over the stringing OF
overhead wires in the District of CO.
lumbia outside of the city: but l do find
decision of Mr.. Justice Barnard. in the
case Of Nolan VS.. Chesapeake and Po-
tomac Telephone Company, in which he
held that, notwithstanding the absence
OF statute expressly giving the Com
mlssioners such authority, they have
this power under the general wording of
various statutes in force in this Dis
triet. In this case the right and con-
venience of the customer desiring the
service outside of the city seems to have
had quite controlling influence. Your
order denies such right TO the custome-
The Chesapeake and Potomac Tele-
phone Company by its charter is ex-
pressly authorized 20 do telegraph and
telephone business. l am unable, so far,
10 md any law in this District which
prohibits the telephone company from
leasing its wires for telegraph service
or from supplying such service itself
For many years IL has been, and still is
the practice of the telephone companies
and lease their wires for telegraphic
service. and this has never before been
questioned nor interfered with by the
Commissioners of the District of Co.
lumbia. or anyone else.
Permit Cannot Limit Service.
''The wires IN question were run under
q permit from the Commissioners of the
District OF Columbia issued to the tela-
phone company This permit cannoI
lawfully limit their use 10 telephone
service only. unless there be a law
which authorizes or requires such lin
itation.
''The lessee of these wires in good
faith entered into written contract
with the telephone company for their
installation at a large expense, and he
has paid for their use six months in
advance Acting upon your recent Or
der, the telephone company al once or
dered the wires disconnected from the
telegraphic instruments, and, after such
disconnection had been made, notified
the lessee OF the fact and of your order.
'Of course. If there be any law to
support your order. and the action of
the telephone company Hereunder, We
are perfectly willing 10 submit 10 il;
but in view of our inability, after exami-
nation, 10 find any legal warrant for
the diSconnection, I trust you viii kind
ly favor me with the information above
requested, in order that we may know
what course 10 pursue in the future. and
in order that we may avoid any Iitiga-
tion upon the subject, IL possible.
Il do not understand that your order
IS predicated upon any illegality or i'm
morality in the use 10 which the ser
vice over these wires IS put; as other
wise the Commissioners would not have
awaited the present instances, but would
have long since ordered other discOn-
nections in very notorious prior and still
existing instances.
Very respectfully.
THOMAS NJ. FIELDS"
Commissioner West, when asked con-
cerning the matter today, said:
ITO my knowledge there are no other
wires in the District OF Columbia erect
ed under telephone permit which are
being used for telegraph purposes.
Should any such instance be brought TO
my attention ! viii act the same as I
have in the poolTOom case. A violation
OF the law is to be punished by the Dis
trict Commissioners without partiality.
The order requiring the telephone
company TO discontinue its wires was
not promulgated until I had consulted
the Corporation Counsel. who advised
that II be sent. Il IS strange, II the
action was Illegal. that the telephone
company made no complaint. but com
piled Immediately with the wish of the
Commissioners. II would seem that any
contention should be made by the com
pany itself, and not one OF its sub
scribers.