THE POLE AND WIRE EVIL, 185 



ing the franchise, which is to construct lines, with the method of its 

 exercise. The two are distinct. The former is absolute ; the latter is 

 conditioned. None can dispute the right to construct lines, but hoio 

 it shall be done depends upon what is necessary. Piers and abutments 

 may be necessary in certain places, and posts in others. When neces- 

 sary they may become lawful ; but neither piers, abutments, nor posts 

 are lawful erections where they are unnecessary. This is a fair con- 

 struction of the language used. 



Are posts, then, necessary to the enjoyment of the franchise of the 

 telegraphic companies in cities ? That depends upon whether there is 

 any other practicable way of exercising the franchise which is less of 

 a nuisance, for the franchise must be exercised, in crowded cities, at 

 least, in such manner as to obviate the nuisance, if possible, and inflict 

 the least injury upon others, the best means to that end being em- 

 ployed, and, if there are two ways in which a franchise can be exer- 

 cised, one of which would create a nuisance and the other would not, 

 or would at least diminish it, that method must be adopted which will 

 obviate the nuisance, or reduce it to a minimum. Otherwise, the act 

 becomes unlawful for exceeding the limits within which obstructions 

 are allowed in the interests of the public* 



Kow, it is well known that there is, besides the overground system, 

 an underground method of constructing lines. The latter, manifestly, 

 does not permanently obstruct the streets, or incommode the public 

 use of them. In fact, the courts have decided that it is not in fact or 

 in law a nuisance. f Moreover, under this system, the exercise of the 

 franchise is very unlikely to result in injury to person or property. If 

 this system is practicable, the telegraphic companies must, in view of 

 the princij^les applicable to their case, adopt that method. For, if the 

 pole system is a nuisance, and the underground way is not ; or, if the 

 former permanently obstructs the streets, and the latter does not ; or, 

 if the pole system is dangerous to life, limb, and property, and the 

 underground plan is not, or is less so — then, so long as the poles are 

 left standing, and the wires strung, the franchise is not exercised in 

 such manner as to reduce the nuisance to a minimum, and to inflict the 

 least injury upon others, and the corporate acts are unprotected by law. 



The question of necessity resolves itself, then, into a question of 

 the practicability of the underground system. There are many who 

 claim it to be impracticable, and, as a matter of course, there are im- 

 perfections in the system, in which respect the overground method is 

 like it. But to all that may be said against it, there is one indisputable 

 reply, that subterranean wires are serving their purposes successfully 

 in various parts of the world to-day. The system is successful in 

 London ; also in Paris, and other European cities. Miles of wire have 

 been successfully operated in Washington. An underground system 

 has been tried with success in Philadelphia. It has worked well in 



* § 60, N. Y., 510. f Allen's "Telegraph Cases," p. 173. 



