§ MR. W. H. SMITHasked Mr. Attorney General, Whether posts and wires erected for the purpose of conveying telephonic messages under the licence of the Postmaster General are under his charge; and, whether it is the duty of the local authorities to see that no nuisance is created by the erection of such posts and wires, and that they are properly maintained?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)Sir, the licence mentioned in the Question of the right hon. Gentleman is granted by the Postmaster General to the Telephone Companies for the purpose only of enabling them to convey messages for payment, without infringing the exclusive right of the Postmaster General to transmit such. messages. No doubt there is power in the Postmaster General to permit by agreement the Telephone Companies to use the telegraphic posts and wires vested in him; but at present, I believe, no such agreement has been entered into—certainly none in the Metropolis. The result is that the Telephone Companies, not having any protection by statute, are subject to the Common Law liability, which would prevent their erecting or maintaining any posts or wires so as to constitute a nuisance on or over any 1713 highway, and the duty of protecting the public interest would fall on the local authority. If the Postmaster General should hereafter permit the Telephone Companies to use any posts or wires vested in him, he will, of course, take care that they are properly maintained, so as not to inconvenience the public.