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85
view which the Government took of the matter was, that the owners
of these wires, having no greater rights of interfering with streets
than had any ordinary member of the public, could not either with
or without the assent of the local authorities interfere with public
highways in such a way as to cause obstruction to the public, even
though such obstruction were limited to the time during which they
were executing their works. He did not know that the Government
were prepared to say that it would in all cases be unlawful to
carry wires over houses with the consent of their owners, but it
would be a question of fact in such a case whether wires so
suspended were such a probable source of damage or danger to
people going along the highway as would constitute a nuisance; and
that, of course, would depend upon a variety of considerations connected
with each particular case. The question in the matter was
whether, in view of the great risks attending these wires, there was
power in the local authorities to interfere, and if there were no such
power, he agreed with the deputation that control should be vested
in them. But the Government thought the authorities had this
power, and until it was proved that they had not, he would not
care to undertake legislation in face of the opposition with which
such a scheme would be met.
A meeting of the Joint Committee was shortly afterwards convened
to consider the course to be adopted in view of this statement
by Sir Charles Dilke; but the Yestry of St. George, Hanover
Square, having thereupon decided to repudiate any liability in the
matter, and to take no action, their members did not attend the
meeting. The representatives of the Vestries of St. Marylebone and
St. James, however, further discussed the question and agreed upon
a report, suggesting that steps should be taken to ascertain the law
on the subject, and that with this view, action should be taken to
test the powers of the local authority with regard to the control of
overhead wires generally.
This report was adopted by both Vestries, and proceedings are
now being taken by the Vestry of St. Marylebone on behalf of the
local authorities.