1900. ] OF THE HOUSE OF DELEGATES. 1837

No. 41, approved May 9, 1889, so as to prevent the exer-
cise of said rights and privileges from interfering with
the proper construction of the city conduits and other
city works; and in executing the power hereby granted
the Mayor and City Council of Baltimore may make all
needful and proper regulations for determining the char-
acter, size, plan and mode of construction of the conduits
and manholes authorized to be constructed by said ordi-
nance, the location of said conduits and manholes in the
several streets and alleys in which they may be con-
structed and the depth and width of the excavations in
the streets and alleys to be made for said conduits and
manholes; and in the power hereby granted to regulate
the location of said conduits and manholes is in-
cluded the power to ascertain and determine in
what streets and alleys said conduits and manholes
may, and in what streets and alleys they may not, be
constructed, provided, reasonable provision is made for
the fair and reasonable exercise of the rights and privil-
eges granted by said Ordinance No. 41; and in executing
the power of regulation by this Act granted to the Mayor
and City Council of Baltimore, it may clothe the City
Engineer with all such powers, in addition to those con-
ferred upon the City Commissioner by said Ordinance
No. 41, if any are deemed necessary, as are proper and
appropriate to be exercised by him in connection with
the location, plan, character and mode of construction of
the conduits and manholes which, by said Ordinance No.
41, the said Telephone Companies are authorized to con-
struct.

"Sec. 2. And be it further enacted, That if the rate
per yard required by said Ordinance No. 41 of the Mayor
and City Council of Baltimore, approved May 9, 1889, to
be paid by the said Telephone Company to the Mayor and
City Council of the city of Baltimore annually, is a less
rate, in the judgment of the Mayor and City Council of
Baltimore; than is a fair compensation for the rights and
privileges by said ordinance granted to said Telephone
Companies, and if the Mayor and City Council of Balti-
more and the said companies cannot agree upon a rate to
be substituted therefor, then and in that event and upon
notification thereof by the Mayor and City Council of
Baltimore to the Governor of the State the latter shall