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We cannot regard the subject as one which involves only one set of conditions, and capable of being decided off-hand. There are, in fact, many matters of detail requiring settlement, and at least one novel element to consider. The electrical properties of the earth are likely to give rise to new readings of common rights. These electrical properties have been used for the purpose of transmitting signals of various kinds, telegraphic, telephonic, and railway signals. Have the users for these purposes, by virtue of priority, the right to monopolise the electrical properties of the earth in the same way that a first " squatter " may bring a portion of the surface of the earth within his " sphere of influence," and acquire exclusive rights by "annexation"? The electric utility of earth is common property; no exclusive rights can be allowed for it. It might be regarded as common land. But, on the other hand, is the enjoyment of such common land by peaceful users to be prevented by the proceedings of others, who use it in such a manner as to render it useless to the original occupants ? These are one or two of the general considerations which arise on such a question. They will have to be considered in reference to the practical applications. So far as telegraph lines are concerned, they are protected by " The Electric Lighting Act, 1888," which gives the Postmaster-General power to regulate the conditions on which any electric line or work may be used, so that it shall not injuriously affect any telegraphic line of the Post-master-General, "or the telegraphic communication through any such line." The same Act protects other persons' lines, but not the communications through them. By this Act the Legislature has recognised the principle of protection for telegraphs belonging to the State, but has excluded telegraphs in private hands. Supposing that the State were to acquire the telephone system, there seems to be no doubt that under this Act the Postmaster-General could stop the working of all tramways which interfered with telephonic transmission. As the Post Office use metallic circuits for telephone lines, there is no doubt that any disturbance resulting from the use of earth circuits would only be temporary trouble under their regime, but in case of such temporary protection being necessary, it might be obtained in a summary way. The use of earth as a return for telephone lines may, we think, be regarded as only tentative, and those who desire to use the earth for traction' may reasonably claim that the doubling of telephone lines should be accelerated in order that tramways should not be unreasonably delayed, supposing that the evidence should show that earth-working is a necessity for traction. It is hardly likely that a solution of the question will be found upon the direct issue raised by the Traction Association. There should be some via media wherein the minimum of public inconvenience may be found. The developments of practical electricity may show it to be necessary to enforce as a general principle that each user shall keep his current within his own borders. In this way the earth will be only a means for the conveyance of leakage currents, and will not be a medium for directly connecting various sources of supply. The difficulties in the way of metallic-circuit tramways may, perhaps, be described as mechanical rather than electrical, they lay in collection rather than insulation. Whatever the reason, the use of an earth-return for traction is at present regarded as being due to something more than convenience or cheapness. This is an important practical point, and to it should be given due consideration ; but it cannot be maintained that other modes of electric traction have yet been submitted to such practical tests, and have so far failed, as to make the earth-return the only method available. It is a subject within the scope of inventive ingenuity; and it is not wise to assume that finality has yet been reached. It will always be more easy to use one line than two; but when the use of one line causes disturbance to a neighbour, it may be necessary to show that two lines are impracticable, before permitting the use of one. The importance of electric traction cannot be over-rated. In all probability it will be a source of considerable employment to electricians, and a means of solving one of the difficulties of large cities that are growing larger. Eapid and cheap transit is a requirement of the times, and electricity will provide it. Its establishment should not be retarded by a too scrupulous regard for supposed rights, and should not be accelerated by failing to recognise one's duty to one's neighbour.
[From the Electrical Review of the 26th May, 1893.] On April 26th, 1893, a meeting was held at the Board of Trade, Sir Courtenay Boyle, X.C.8., in the chair (Sir Joseph Warner, counsel to the Lord Chairman of Committees, being present), at which the Telephone Company and the Electric Traction Association were represented. The Telephone Company put it to the Board of Trade that, inasmuch as during the past four years they had opposed some fifty Bills in Parliament, with the result that, with one or two unimportant exceptions, clauses for their protection had been invariably given, either in the form adopted in 1889 in the Lea Bridge case, or in 1890, in the Plymouth case, the time had now arrived when the Board of Trade should accept one of these clauses as a model clause, and take measures to insure the insertion of such clauses in all Electrical Traction Bills and Orders without further action on the part of the Telephone Company. The essential portion of the Plymouth and Lea Bridge clauses is the first paragraph, as follows : " 1. The company shall so construct their electric circuits and other works of all descriptions, and shall so work their tramway in all respects, as to prevent any injurious interference by induction or otherwise with the electric circuits from time to time used, or intended to be used, by the Telephone Company for the purpose of telephonic communication, or with the currents in such circuits : Provided that, as regards electric circuits erected or laid down by the Telephone Company after the construction of the works of the company, this subsection shall only apply if reasonable and proper precautions have been taken in the erection or laying down of such circuits, and if they have not been erected or laid down in unreasonably close proximity to the lines or works of the company." Sir Courtenay Boyle, having heard the representatives of the Traction Association, intimated that the Board of Trade were of opinion that what had taken place did not amount to the establishment of an uniform principle that there should be protective clauses in favour of the Telephone
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