Page:Popular Science Monthly Volume 25.djvu/195

 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 how it shall be done depends upon what is necessary. Piers and abutments may be necessary in certain places, and posts in others. When necessary they may become lawful; but neither piers, abutments, nor posts are lawful erections where they are unnecessary. This is a fair construction 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 employed, and, if there are two ways in which a franchise can be exercised, 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.

Now, 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. 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 principles 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 imperfections 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