Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-08-29
In Matter Of Changing the Poles on
Bangor Road.

| IF much value inasmuch as it sets
forth very clearly the rights of all The
full text of the opinion is here given:
| TO the Honorable Mayor and Board of
Aldermen:
Complying with your request for my
opinion as to the respective rights of
the City, the abutting owners along
Bangor road, and the corporations in
terested in the petition for change Of
location of telegraph poles from the
east to the west side of Bangor street,
| beg leave to report as follows:
l. AS l understand the situation,
the Postal Telegraph Co. and the n. Il.
Telephone Co, each has separate
line of poles and wires in and along the
Bangor road its entire length. At a
number of points these lines cross from
one side of the road to the other to
avoid shade trees or other obstacles.
These lines of poles are also somewhat
more crooked than the course of the
wrought and travelled road which has
been Strengthened recently. | under
stand that these poles were located by
permission of the municipal officers 81
Augusta. The location given the Lew
iSton. Augusta & Watervillc Railway
brings q number of these poles be-
tween or dangerously near its tracks.
. The public roads are primarily
and especially created and maintained
for purposes of public travel A street
railroad furnishes an improved means
of public travel and when lawfully 10
Gated in a public street has rights
therein superior to those of telegraph,
telephone or electric light and power
companies as to their lines, in case of
conflict as to their respective locations.
Therefore, it is evident that the tele-
graph or telephone poles which OBJ
struct the railroad location must be re-
moved. Accordingly the telegraph and
telephone companies have petitiOned
for a change of location for their poles
and wires They have no right to
change a pole in the road without the
consent of the municipal officers, and
their agents are liable to arrest for so
doing.
3. Upon such petition the law re-
quires after fourteen days published
notice, the municipal officers to give a
public hearing to the abutting owners
and all other parties int rested.
4. The question as to who a,irll hc,~
lilp expense Oh lIilS ItllltiN,i. t.'D''r 'lHt
| concern the City. understand tlIt
this has been arranged between tn n
corporations Interested.
;. Section s of chapter - Of I'll r.
vised statutes required that tile iii, <.
poles, pipes and wires of tclcSra; Ii
telephone, gas and electric light and
power companies. when located in a
public road, shall be so constructed
and maintained as not to incOmmode
the use of such road for public travel.
In granting a location or change Of To-
cation, it is the duty of the municipal
officers to protect the interests of pub
lie travel as a matter of primary i'm
portance.
With an electric railroad on one side
Of the road with its poles and wires it
is almost Il nuisance to have two lines
Of poles along the opposite side for
telephone and telegraph wires and it
would be proper exercise of .diScre-
tionary power if the municipal officers
should see fit to require the telegraph
and telephone wires to be strung on
one and the same set of poles. SO
many poles unnecessarily obstruct the
view on a curve in the road and en-
danger public travel, especially with
the increasing use of automobiles. AL
50, the municipal officers might prop
erly require that the line of poles
should be made to conform to the new
line of wrought roadway.
6-RIGHTS OF AUDITING OWN
Frs.
First; they have right to be heard
on the question of granting OF location
or change Of location,-and If granted.
Second: in case the value OF their
property is in any way injuriousiy az
fected or lessened by the erection OF
telegraph, telephone or electric hight
polcs or wires in the road opposite or
near their lands. they are entitled to
damages therefor to be assessed by
the municipal officers on petition filed
| within six months after the erection or
alteration of such poles or structures.
z. TREES.
| There seems to be q prevailing be-
| lief in the community that permission
| granted by the municipal officers to
| erect telephone, telegraph or electric
| light or power poles and wires in the
road carries with it the right to cut
! and slash the trees that interfere with
| such construction. This erroneous be-
lief probably arises from practice of
| these companies in regard to cutting
trees along their lines as they see fit.
Section s, above referred to, also con-
tains the following, "and provided
| further, that no such corporation shall
| injure, cut down or destroy any fruit
tree. or any tree or shrub standing and
growing for the purposes of shade or
ornament"
OF course, with the permission Of the
owner of a tree growing outside the
limits of the road. such a company
might lawfully cut or trim it.
The law of this State has a tender
regard for shade and ornamental trees
and shurbs gowing in and along the
streets and public roads, and while
municipalities are authorized to make
| ordinances or bylaws Respecting the
location and protection of trees within