Oil City v. Postal Telegraph Cable Co.

Citations

• 68 Pa. Super. 77
• 1917 Pa. Super. LEXIS 76

Syllabus

<p>Municipalities — Telegraph companies — Use of streets — Conduits —Police powers — Act of June 12,1918, P. L. 1/39.</p> <p>Municipal legislation compelling corporations using electric wires in the streets to place the same in conduits beneath the surface, is the exercise of police power, and is a reasonable regulation merely of the mode in which the companies may exercise their franchises.</p> <p>Under the Act of June 12, 1913, P. L. 489, which empowers cities of the third class to define by ordinance a reasonable district within which electric light wires, telephone and telegraph wires shall be placed under ground, “in conduits owned either by the municipality or by corporations owning such wires, or by corporations organized for the purpose of laying such conduits and letting space therein,” a city may compel a telegraph company to place its wires in conduits of another company owning and using such wires, although such conduits are not owned by the municipality, or by corporations organized for the purpose of laying conduits and letting space therein. The fact that the company owning the conduits is a West Virginia corporation is immaterial if it appears that it has a right to operate in Pennsylvania, and that it had obtained the municipal consent; and it is also immaterial that no provision was made in the ordinance for fixing the compensation of the company owning the conduit, inasmuch as such company has its remedy in the Public Service Commission and the courts.</p> <p>Authority in a municipality to require all wires carrying electricity to be placed under ground, does not impose the necessity on the city of including all such wires to be so located.</p> <p>A municipal regulation requiring electric wires to be placed under ground, which can be complied with without serious detriment to the instrumentalities of business, does not infringe on the powers of congress to regulate commerce, or on the exemption of the agencies of the Federal Government from State