228 F. 392 | D. Me. | 1915
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 ali permits for the construction and maintenance of poles and wires upon the public highway and street known as St. John street, Detween Park avenue and Danforth street, heretofore issued and given by the municipal officers of the city of Portland to the Postal Telegraph-Gable Company, be and the same are hereby revoked, and the Postal Telegraph-Gable 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 GO 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; sucli 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 certified copy of this order served upon the Postal Telegraph-Cable Company by service upon its Portland manager, agent, or representative on Tuesday, August 3, 1915, and if unable to make service as aforesaid by the use of reasonable diligence, then and in said event as soon thereafter as possible.”
The bill will be sustained; and the complainant may offer a draft decree within 10 days from the filing of this opinion, and the respondents may offer corrections thereof within 10 days thereafter.