State ex rel. Cleveland Electric Illuminating Co. v. City of Euclid

169 Ohio St. (N.S.) 476
CourtOhio Supreme Court
DecidedJuly 15, 1959
DocketNo. 35907
StatusPublished

This text of 169 Ohio St. (N.S.) 476 (State ex rel. Cleveland Electric Illuminating Co. v. City of Euclid) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Cleveland Electric Illuminating Co. v. City of Euclid, 169 Ohio St. (N.S.) 476 (Ohio 1959).

Opinions

Matthias, J.

The determinative issue in this case is whether a municipal ordinance requiring electric power companies to place wires carrying in excess of 33 KV (33,000 volts) underground constitutes a valid exercise of the police power.

There is no question that such companies are subject to reasonable regulation in relation to the construction of their lines.

Section 715.27, Revised Code, provides:

“Any municipal corporation may:

ÍÉ* *

“(B) Regulate the construction and repair of wires, poles, plants, and all equipment to be used for the generation and application of electricity * * (Emphasis added.)

Section 4933.13, Revised Code, provides:

“A company organized for supplying electricity for power purposes, and for lighting the streets and public and private buildings of a municipal corporation, may manufacture, sell, and furnish the electric light and power required in such municipal corporation for such or other purposes. With the consent of the municipal corporation, under such reasonable regulations as such municipal corporation prescribes, such company may construct lines for conducting electricity for power and light purposes through the streets, alleys, lanes, lands, squares, and public places of such municipal corporation,- by [479]*479the erection of the necessary fixtures, including posts, piers, and abutments necessary for the wires.” (Emphasis added.)

Section 4933.16, Revised Code, provides:

“No person or company shall place, string, construct, or maintain a line, wire, fixture, or appliance of any kind to conduct electricity for lighting, heating, or power purposes through a street, alley, lane, square, place, or land of a municipal corporation without the consent of such municipal corporation.

“This prohibition extends to all levels above or below the surface of such public ways, grounds, or places, as well as along their surfaces, but not to rights received through and exercised under proceedings of a Probate Court prior to February 26, 1910.

“The penalty provided by Section 4933.99 of the Revised Code for a violation of this section is cumulative to other means of enforcing this section open to the municipal corporation, by way of injunction or otherwise, and is not exclusive.” (Emphasis added.)

As may be seen from the above sections, not only are municipal corporations specifically empowered to impose reasonable regulations in respect to the construction of the lines of such electric power companies, but such sections also provide that the consent of the municipality must be obtained before such lines are constructed. The requirement of consent necessarily implies that the municipality may impose reasonable regulations and conditions as to such construction as a condition to its consent. To interpret such requirement otherwise would be to hold that the requirement of consent is a mere empty thing of no meaning. This we cannot do, since it is a basic presumption in statutory construction that the General Assembly is not presumed to do a vain or useless thing, and that when language is inserted in a statute it is inserted to accomplish some definite purpose.

It being determined that a municipal corporation may impose reasonable regulations upon an electric power company in the construction of its lines, is a regulation requiring high-voltage wires to be placed underground reasonable?

[480]*480The test for determining whether certain legislation constitutes a valid exercise of the police power was set out by this court in the first paragraph of the syllabus of Teegardin v. Foley, 166 Ohio St., 449, 143 N. E. (2d), 824, as follows:

“In order to constitute a valid exercise of the police power, legislation must directly promote the general health, safety, welfare or morals and must be reasonable, the means adopted to accomplish the legislative purpose must be suitable to the end in view, must be impartial in operation, must have a real and substantial relation to such purpose and must not interfere with private rights beyond the necessities of the situation. (Paragraph three of the syllabus of Froelich v. City of Cleveland, 99 Ohio St., 376, approved and followed.)”

Judicial notice may be taken that high-voltage electricity by its nature is a very dangerous commodity, and that high-voltage electric wires stretched across public streets constitute a danger to the traveling public. 18 American Jurisprudence, 508, Electricity, Section 112.

The fact that in our present civilization electricity has become a necessity and is a matter of everyday use in no way affects its dangerous character. Modern science and engineering have perfected safety devices which have made it usable with a reasonable degree of safety. However, so-called high-tension wires, carrying heavy-voltage current, still remain a source of great danger. While methods of installing and maintaining overhead lines have improved and mechanical safety devices have been perfected which have reduced the danger, the danger is still there. Mechanical safety devices fail, and, in spite of engineering advancements, metal in electric-power-line towers may still crystallize, insulators fail or, for some unexplainable reason, such a tower may give way creating a tremendous hazard to life and property.

Relator contends that its lines will go through an industrial district, and that, therefore, there is no reason to require underground installation. If our problem was purely a question of aesthetics, relator’s arguments would be valid. How[481]*481ever, we are not concerned primarily with the aesthetic but must direct our attention to the question of public safety. The danger created by high-voltage wires in an industrial district, with its storage tanks of inflammable and explosive materials, the moving of heavy trucks, cranes and other machinery and its heavy population of workers, is equal to if not greater than in residental districts.

Considering the dangerous propensities of high-voltage electricity, it is our conclusion that a requirement by a municipality that high-voltage wires be placed underground constitutes a reasonable exercise of the police power.

The last issue which must be determined is the effect of the original franchise granted relator by the municipality in 1906.

The pertinent parts of the ordinance (No. 32) which grants the franchise are as follows:

“An ordinance granting the Cleveland Electric Illuminating Company and its successors, the right to erect, construct, maintain and use the necessary poles, wires, conduits and such other fixtures and appliances, overhead and underground, as may be deemed by it or them necessary or essential to enable it or them to transmit electricity through and along the streets, alleys and ways of the village of Euclid, for the purpose of furnishing to said village, the general public and private persons, light, heat and power by electric currents.

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Related

City of Akron v. Public Utilities Commission
78 N.E.2d 890 (Ohio Supreme Court, 1948)
City of Cincinnati v. Correll
49 N.E.2d 412 (Ohio Supreme Court, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
169 Ohio St. (N.S.) 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cleveland-electric-illuminating-co-v-city-of-euclid-ohio-1959.