The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-02
Western Union Forced
Now to Put It's Wires
Under Ground.
'NINE-YEAR DELAY
B 7 LITIGA TON
Company Given Sixty Days in
Which to File Plans for Con
duits-May Be Heavily Fined
for Violating Law-Big
Victory for City
Attorney.

Through a final decision rendered yes
'erddy IN the United states Supreme
Court in the case Of the Western Union
Telegraph Company. against tn: city o.
Ktehmond, the validity OF the ordinance
requiring the removal OF poles ano
wires from Broad Street and other con-
Ststed sections Is fully upheld. Thu
court sustained the decision o. Circuit
JuJEc Nathan Golf. in refusing to
bgant the permanent Injunction prayed
10! by the company and In d.asolyIng
the temporary restraining ord u en-
tered o. Judge Edmund Waddll!. u.
- far IS the city of Rlchuond is
concerned. this is one of the most i'm
portant legal controversies In which
It has been engaged. The progress Of
the case has been closely followed dur
Ing the years In which 1t has been
beading In the courts. Guy Attorney
henry X. Pollard has at all times cA-
pressed confidence tina; in anal de-
c!sion the Supreme Court would decide
streets was ample.
Put Poles Beneath Ground.
On december ;. 1903. the city adopted
Snai is known as the UNDERGROUND
ordinance" requiring poles to he re.
moved and electric wires save in GER
TAN cases, TO be taken from the street,
and placed in underground conduits
satisfactory TO the Committee on
Streets.
The He'll Telephone company be-
Gen proceedings to contest this law.
but withdrew its suit, paying tho
costs.
Injunction proceedings wers
brought in 1905 by the Western
Union Telegraph Company to prevent
the city from interfering in any way
with the lines OF poles and wires on
Broad street and elsewhere. making
the especial point that they were post
roads. The appeal from the temper
airy reatraintns order granted by
Judge Waddiu VAS arstlcd before
{, Was not decided until Deccmber is,
1908, when the bills we're dismissed.
RIehtn OF city.
Briefs and arguments submitted in
the ca6e ~ City Attorney Pollard
and by Rush TasGart. were very com
prchcns!ve. going thoroughly into the
coust!tiItionality ~ the right OF the
city 81 Richmond to make an ordi
nance requiring tho telegraph wires
10 be placed underground Mr.. Tag
CART claimed that By virtue OF III"
Federal law OF 1866, the company had
the right to the use of all the high
WAYS In Virginia. and that the ordi-
nance was unreasonable regulation OF
this right No CITY could pass an
ordinance. hc said. giving city en-
einears arbitrary discretion as To the
kind OF e,uipmeu, the companies
should u.s. In the streets.
Mr Tegrart further stated that a
possible nne OF S23i,0o9 on each i"ic-
graph pole could be collected II the
rIty's contention were correct.
In rsply. Mr.. Pollard said the city
MAO adopted reasonable ordinance
ana proposed TO enforce +; in a rea-
sonable way. lie took the position
mat If the court should decide the
company need not place its wires IN
nercround. II would nuii!fy the city's
statutes and practically put iha COM
pany in a position 20 snap Its myers
.n the cltys face.
RcfussI TO Obey.
The city further asserted that tie
Western Union was an outlaw corpo-
ration. occupying the streets of the
city with poles and wirss without local
franchise, and refusing absolutely to
OBEY the terms OF the underground
ordinance, hiding behind injunctions
aud refusing TO remove an unsightly
,,inc OF poles and wires from Broad
Street
Delivering the opinion of tn, SUI
p.eme Court yesterday, Justice Holmes
said shat the ordinances OF the city
OF Richmond, which had been at
tackled. were not arbitrary. did not
.piace an unusual hardship on the ,ele-
graph company. and we're. so far as
Iho court could see a reasonable and
Legitimate exercise of police power.
tTo said that the requirements OF the
conduit arrangement were also not
lAnrea sonable.
Not only must the poles and wires
dc speedily removed, but it will also
.be necessary for the company to pay
the fines which have been assessed
ngainst it. unless the city should see
liz to remit them unon complia nee
with the other requirements and pay
ment of costs,
Mr.. poIIsrd's Great victory.
City Attorney II. X. Pollard returned
Ssayn Washington last night having
f5&1i present in The Supreme Court
room when the opinion was announced.
He was the recipient OF man, congrat-
ulations on his abs handling OF the
case.
Tho opinion sustaiEs us on every
point" said Mr.. Pollard. The city's
victory is signal and complete. Every
possible method has been utilized to
case has been bitterly commended. All
last fall the Western Union assured us
that 1t was preparing terms of com
promise, and lured us on 70 the belief
that everything would be settled. 1t
was evidently their purpose to delay
,us in the preparation OF our brief. so
THAT when the case was called for
bnd the hearing would so over to tho
notion of tho docket, which would
nlave meant years OF delay Our per-
jcmptory notice to them prevented them
hrom pleading that because OF the Sc.
quotations. for settlement, they were
Snot ready.
Under terms OF the order the Western
-