Switzerland 389 



5. Authorities or proprietors under Articles i and 2 may 



require removal of any wires calculated to interfere with 

 projected building or other lawful operations. If the State 

 removes wires to make room for such proposed operations, 

 the proprietor will be debited with the cost if he does not 

 begin to build within a year of such removal. 



6. The State may build telephone lines along railways belong- 



ing to companies, provided such lines do not prejudice the 

 railway in any way, nor interfere with the security of exist- 

 ing works. The company to be compensated for any 

 damage done, but to be entitled to no payment in name 

 of way-leave. 



7. The State must carry out at its own expense such changes 



as may from time to time become necessary owing to 

 alterations in the railways. 



8 to 15 Deal with installations of electric light and trans- 

 mission of power as affecting telegraphs and telephones, 

 and the procedure to be followed in event of disputes. 

 The application of this law appears to have given rise to mis- 

 understandings, for it was supplemented on December 7, 1889, by 

 a rider which declares that Article i of the law is not to apply to 

 buildings or to property not accessible to the public ; on such 

 buildings no supports may be placed without the consent of the 

 authorities or proprietors ; and that the right to pass -over refers 

 only to wires suspended in the air, and does not include the 

 placing of supports. Proprietors of trees cut by the State to have 

 a right to compensation, which must not exceed five francs per 

 tree without the express approval of the Telegraph Administra- 

 tion. 



It will be seen that the Swiss Government possesses no auto- 

 cratic powers in respect to way-leaves. In effect, it can do nothing 

 without the consent of the proprietors affected, and has to pay its 

 way just like a telephone company in the United Kingdom. The 

 way-leaves paid average one franc per wire per annum, and some 

 standards cost as much as 400 francs (i6/.) per annum. In one 

 disputed case the Telephone Administration took advantage of 

 the arbitration clause in the law, but was disgusted to find that 

 the award was five francs per wire per annum in addition to the 



