Page:United States Statutes at Large Volume 32 Part 1.djvu/460

 394 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1136. 1902. and operating a telephone plant or system in said District, partly overhead and partly underground, shall repare and submit to the said Commissioners a plan or plans, or application or applications, in writing, showing the streets, avenues, alleys, lanes, and other public highways in or under which it is proposed to construct conduits. subsidiaries, or manholes, and giving the general dimensions, length, and course thereof, and before any such conduit, subsidiary, or manhole is constructed it shall be necessary to obtain the approval and permission of said Commissioners. Said Commissioners are em owered to require that all proposed conduits, subsidiaries, and mangioles shall be confvgliggggycugg structed in accordance with the approved plan or permit; and upon ° °°°the approval by said Commissioners of any such plan, or the issuing of any such permit, providin for the construction of underground · conduits, subsidiaries, or manholes within the section in said District described in section one of this Act the construction therein provided for shall be proceeded with dili ently, and u n the completion thereof, { . PO. . E. or as soon thereafter as may e, without impairing the efficiency of . the telephone service in said District, the individual, company, or corporation constructing such conduits, subsidiaries, or manholes shall place its cables and wires therein and take down and remove from the streets and avenues in which such conduits are constructed all poles Wt¤¤f¤rb¤¤¤¤ ¤¤¤— and wires except such as said Commissioners may, in accordance with "°°"°°°' _ the provisions of this Act, permit to remain for the purpose of distributing wires for house connections. mlxvltr M *101* Sec. 3. That any individual, company, or corporation owning and ' _ maintaining such poles and wires attached thereto on or over any street _ or avenue within the section of the District described in section one of this Act who shall willfully neglect or refuse to remove the same, as provided in section two hereof, shall be liable to a penalty of not more than twenty-five dollars for each and every day during which such failure to remove said poles and wires shall continue, which amount may be recovered by the District of Columbia in any court of competent jurisdiction. _ _ _ ,eEn:.$°£‘],'} ;§f},,'§‘,f‘£j Sec. 4. That said Commissioners be, and they are hereby, empowlers. ew- ered to authorize the erection and maintenance of poles in the a leys of said city and District and the stringing thereon of telephone conductors from alley poles or house-top fixtures in one square to alley poles or house-top tixtures in anot cr square for the pur ose of enabling house connections to be made, and also to authorize the erection of telephone poles in the District of Columbia outside the limits of the section of said District described in section one of this Act and · the stringing thereon of telephone conductors for house connections or l¤ °°"'*"““"€°***· for connection with lines outside the District of Columbia; also to ' authorize the erection of such poles and the stringing thereon of such wires in the streets and avenues of said city and District in the parts thereof in which there are no public alleys, and in such other places as the public interests do not require that the lines be placed underground. or in places where it shall be deemed by said Commissioners impracticable to advantageously place or operate such lines underground. T•¤¤¤P¤*¤¤‘r>€¤¤i¢¤· During the progress of the work provided for in section one of this Act said Commissioners are also empowered to issue tem rary permits for the erection and maintenance of poles and overheaciiibnductors in places where the lines are ultimately to be placed underground, but where the work can not be immediately done because of the greater urgency of work in other localities, or for other reasons satisfactorv to said Commissioners; but in issuing such temporary permits said Commissioners shall bear in mind the purpose and policy of this Act. which is to cause to be removed from the streets and avenues within the section of said District dexribed in section one of this Act all poles and wires attached thereto, except as hereinbefore provided, as expe