Postal Tel.-Cable Co. v. Ingraham

• Citation: 228 F. 392
• Decision Date: 11 December 1915
• Docket Number: 744.
• Parties: POSTAL TELEGRAPH-CABLE CO. v. INGRAHAM et al.
• Court: U.S. District Court — District of Maine

228 F. 392

POSTAL TELEGRAPH-CABLE CO. v. INGRAHAM et al.

No. 744.

United States District Court, D. Maine.

December 11, 1915

Woodman & Whitehouse and Arthur Chapman, both of Portland, Me., for complainant.

James A. Connellan, Corp. Counsel, of Portland, Me., for defendants.

PUTNAM Circuit Judge. The respondents named herein are alleged to have been the mayor and aldermen of the city of Portland, and to have had general jurisdiction of the matters to which this bill relates. On the 2d day of August, 1915, the board of mayor and aldermen of the city of Portland passed the following order:

'City of Portland, Maine. In Board of Mayor and Aldermen.

'August 2, 1915.

'It is hereby ordered that all permits for the construction and maintenance of poles and wires upon the public highway and street known as St. John street, between Park avenue and Danforth street, heretofore issued and given by the municipal officers of the city of Portland to the Postal Telegraph-Cable Company, be and the same are hereby revoked, and the Postal Telegraph-Cable Company is hereby ordered to remove all said poles and wires now maintained or in process of construction upon said St. John street between Park avenue and Danforth street. Said removal of said poles and wires to be made and completed within 60 days from the date of the granting of a permit to said Postal Telegraph-Cable Company to lay conduits for the carrying of pipes, wires, and cables under the surface on the easterly side of St. John street, between Park avenue and Danforth street; such laying of said conduits for the carrying of pipes, wires, and cables beneath the surface of the street to be subject to the approval of the commissioner of public works and to the city electrician of the city of Portland: Provided, said Postal Telegraph-Cable Company makes application for such permit within 7 days after the date of the passage of this order; and provided that said poles and wires be entirely removed and said conduits for carrying said pipes, wires, and cables installed and completed within 60 days from the granting of said permit; and provided, further, that the first work done in the laying of said conduits for carrying the said pipes, wires, and cables be in the section of St. John street from the end of the present paving to the offices of the Maine Central Railroad now under process of construction. If the said Postal Telegraph-Cable Company does not make application for a permit to place their or its pipes, wires, and cables underground, and to install conduits for said pipes, wires, and cables underground, then said removal of said poles and wires must be made within 60 days of the date of the passage of this order. And the city clerk of the city of Portland is hereby authorized, directed, and instructed to have a

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