The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1893-06-30
THE TELEPHONE co. ENJOINED.

phone pole war late yesterday after
noon. Court Commissioner Evan
Hughes granted an Injunction to
Sebastian Zimmerman against the
Northwestern Telephone Co. and
VIM. BuckholtZ, it's local manager A
writ of temporary injunction is grant
ed and an order to show cause why 1t
should not be made permanent is an
swerable at 1000 a. M, Friday, before
Judge Severance, who is now holding
court elsewhere. The action is also
one for 1000 damages against the
company for tearing up the sidewalk
and interfering with the plaintiffs
rights. 1t is brought under the city
ordinance, and w. L. Comstock is at
torney for Mr.. Zimmerman.
This morning another injunction
suit was begun against the North
western Telephone Co. and VIM.
Buckholtz, manager. The plaintiff in
this action is A. j. Busch and his at
torney is VIM. n. Plymat. The &C
tion is brought under the state law,
and is much the same as the other
suit. A writ was issued by Mr.. Hughes
restraining the defendants from dig
ging holes, placing posts, or interior
ing with the property of the plaintiff.
A permanent injunction is asked for,
and also $1,000 damages for the tear
ing up the sidewalk and interfering
with the rights of the plaintiff, con-
trary to law.
The pole in front of Mr. thinner
mans store had been erected and the
wires strung upon it before the in
junction was served, so that it was in
effectual. The pole in front of Mr..
Busch's store has not yet been put up
however.
A large number of the property
owners are opposed to the placing of
the new poles in the street, but no
objection has yet been heard IN the
south half of the city.
Mr.. Buckholtz states that he has
been working long time to have the
system changed from the ground to
the metallic, and that it will cost the
company large sum to make the
change. The old poles will last for
many years yet, and if he is prevented
from putting up the new poles he will
let the old poles and poorer ground
system remain. He states that he
did not expect to have the opposition
that has occurred. He takes the
ground that the council has the right
to locate the poles, while the property
owners claim that it has no right.
Mr.. Buckholtz says that he will visit
every store where pole will be locat-
ed and find out how much opposition
he map expect, in company with the
general officers. The latter did not
arrive last night, as was expected.
G. L. Benedict represents the inter
ests of the Telephone Co. in both suits.
The matter did not come up before
the council last night, owing to the
fact that that body could not meet IN
legal session without thirty hours no.
tice. The property owners were pres
ent in force and both sides were rep
resented by their attorneys and a
lively discussion would have occurred
had the opportunity been given.
M. R. Seerie, of Minneapolis, gene
raj foreman of the telephone COM
pany, arrived in the city this fore
noon and hasspent the day consulting
business men. He will return to-
night, and Gen. Supt. G. P. Wainman,
of Minneapolis, will probably arrive
tomorrow forenoon. To FREE PRESS
reporter Mr.. Seerie stated that the
company will put in such poles as
there is no objection made to and will
await the action Of the courts regard
ing the others. In Winona, Still
water, Mortified, Rochester and
other places, he said, the poles have
been changed as proposed here and no
opposition has been made. He says
that if the poles were placed in the
alleys they would have to be placed
five feet from the side of the alleys.
The object of changing the poles at
present is to raise the new copper
wires above all other wires. and give
the city the new system, in which
there is no raise on the wire. The
poles will be painted with No. "a
paint, drab or blush color, with red
bases, as in other cities. The COM
pany is making the change at consid-
cradle expense, and is putting in a
wire direct to St. Paul, so that per-
sons in that city can be communicate
ed with as easily as though in this
city.
1t is to be hoped that an agreement
can be reached without long and ex-
! CT