The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-24
ACKNOWLEDGEMENTS STATE
The Council Talks Much but Does Not
Improve the Telephone Situation.
ghe West Syndicate's Charter Amended in
Such Way as to Make 1t Undesirable
Proposition of the Central Union.
THE COUNCILS ACTION.
The Charter of the West.Syndicate Amended
by New Provision.


The Charter of the Westsyndicate Amended
by New Provision.
The Council met last night in special session,
and was called to order at o'clock, adjourning
three hours later as the court house clock struck
the hour Of IL. The mountain labored, and
brought forth q mouse. The business of the
session was the consideration of the ordinance
granting franchise to Messrs. Claypool. De-
Paw. Byfield and others tthe company using the
West telephone Instrument to erect poles and
wires in the streets and alleys of the city of In
sianapolis.
There was large lobby, and number of
councilmen wasted much time in airing their
oratory for the admiration of the multitude.
The Central Union Telephone Company pre-
scented the following petition:
$50 the Mayor, Common Council and Board Of Alder
ssGentlemen-I regret TO find that the motives
Of the Central Union Telephone Company in
opening several public telephone stations and in
installing some private lines, have been entirely
misunderstood, aad / desire to state what the
true motives were. was not then connected
officially with the company, but have obtained
information on the subject Before the Supreme
Court of the State had passed upon the validity
Of the law limiting the rental of telephones, the
company decided that If the law should be held
valid, 1t could not do business under 1t, and that
il no solution Of the difficulty could be de-
vised, it would be compelled to close its Indian
apolis exchange at the earliest day practicable.
When the decision of the court was rendered, this
determination of the company was announced to
ats patrons and the public. About half Of our
subscriptions were determinable by April !; the
others could not be terminated by us before
July1 The question was thensconsidered as to
whether we could cease supplying service on the
LIST OF April to those patrons whose contracts
terminated then, or continue to furnish
service TO all until the LIST of July,
when all contracts would terminate.
The legal phase Of the question was sub
mitted to our indianapolis counsel, Messrs Nc
Donald, Butler 81 Mason and Messrs. Baker,
Hord 81 Hendricks They advised US that If we
continued to furnish service to onehaf of our sub
Bcrtbers when we were under no contract oblga-
ton 10 do SO the courts would probably hold
that we continued TO be common car
riers OF telephone messages engaged in
q general telephone business until July. and as
such would continue under legal obligation to
the public to put in telephones and to put up
wires connecting them with the exchange for
every person who might demand it. That for
every refusal to comply with such demand or
order made in good faith, or for purposes of
penalty prescribed by the act Of April s. 1885.
It was thereupon decided to close the ex-
change rapidly as expiring contracts would
admit. Many of our April subscribers insisted
earnestly that should continue their
instruments in service as long as the
exchange should remain open, and offered to
pay the old price, and in some instances double
that price. OF course, this was impracticable,
but the disappointment shown by many of those
subscribers at the prospect of being left without
telephone service, and the liberal inclination
manifested by many of them induced US to try
to do for them the next best thing possible.
We were advised by our counsel that, in their
opinion, a system Of public telephone stations
whore the company did not rent any telephone.
but used its own instruments by its
own agents. charging for each message such
price as 1t may Do found by experience
that the company could afford would not be any
violation of the law. Accordingly, several such
stations were opened; also number of private
lines furnished to patrons. In opening these
public stations no new poles were set, and no
new lines of wire were built. Again, all con-
eracts for public service and for private wires
were made terminable on ten days notice. as it
WAS not intended to continue these two kinds of
service longer than the company's poles and
wires should remain up.
sin doing this we furnished service to many
WAC desired 1t. It did not for a moment occur
60 us that either law or courtesy required as to
apply for leave to open these stations or put in
these private lines. Certainly no diseourtesy to
the authorities of the city was intended, and we
much regret that we should have been supposed
guilty of anything of the kind. since possibly
the misunderstanding may have had
your resolution requiring poles and
wires TO be taken down within fourteen days.
It is now proposed, if the order for the removal
OF the poles and wires may be temporarily sus-
pended, to extend the scope or the toll system so
that all those of our former patrons who may de-
sire to use the telephone can be accommodated
to the same extent and with the same conven-
fences as before April / and without the addi-
ton of any poles or wires to be used to those
already erected. GEORGE L. PHILLIPS,
PRESIDENT
Mr.. Thalman moved that the Central Union
company be allowed to use the poles and wires
until the Few company comes in. The motion
WAS not pressed. and no action was taken on the
petition of the Central Union
Mr. Thalman introduced an ordinance for the
Wallace telephone. under the name of 1.-THE
Citizens Cooperative Telephone Company"
AMENDING THE WEST FRANCHISE.
The West telephone ordinance, after much
wrangling, was read a second time, section by
section, for adoption or amendments The or
dinance was finally passed, with the following
motion by Mr.. Marley amending Section Of
the ordinance:
Said parties shall permit any corporation or indvid
nal desiring to % 81 to use its lines poles ex
of the privileges hereby granted request and in
sideration of reasonable rental therefor and. in
ssna 0t the sha be- sd by arbraors one OF
whom shall DO chosen by the Mayor and president Of
Che Board of Aldermen of said city and one by the
select third. and the Judgment Of the majority
shall determine the rental. Every such renter and
lessee shall enjoy exactly the privileges over tho
wires as the said parties, and partially shall be
shown to any corporation. individual or instrument
To this result there shall bekewise appointed
the petition of any telephone company individual
sggrieved, a disnterested and competent person to
make inspection and report to the Council and Board
of Aldermen concerning the due observation of this
provision and if he shall report adversely to the
parties holding this franchise. and his re-
port be confirmed it shall be repealed
The cost of said inspection shall be fixed by the
Mayor and president Of the Board and shall be paid
by the party company applying therefor if they be
not sustained; otherwise by the adverse party.
This mono too luminous amendment was adopt
ed, with the further amendment by Mr. Cum
njngs that 1.-THE arbitrators shall be chosen as
follows: One by the Mayor and president of the
Board of Aldermen; the other by all the COM
panies doing business with said exchange And
in case of disagreement between said arbitrator
they shall select a third arbitrator. and major