Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-10-08
THE BELL WILL FIGHT
TELEPHONE co. GETS AN INJUNC-
TIoN AGAINST THE CITY.
DON'T WANT TO QUIT BUSINESS
Is Made to Judge Gof.
who Grants Temporary He
sfrninfng Order-Ciaims That It's
Rights Are Being Violated.

ness in Richmond.
After pursuing n waiting and do-no-
thing policy for nearly two years, It has
at last shown it's hand. and there IS un-
doubtedly great legal battle ahead
The first gun has been fired, and as
result Deputy United States Marshal A
Janney Peasants late yesterday after
noon served on President William NJ.
Turpin, of the Board Of Aldermen, who
is acting Mayor in the absence Of that
Official an Injunction order from Judge
Nathan Con-, restraining the city from
interfering with the lines and business OF
the Bell company.
The Injunction was granted at Clarks-
burg. w. Va, Judge COTS home, on
Tuesday when Judge A. l.. Holladay, OF
the company's counsel, presented n bill
setting forth certain facts. which, in the
opinion Of Judge Con, warranted him In
taking this action.
WHAT THE BILL CLAIMS.
The Bell company has able counsel and
plentv Of IT. The bill, a bulky and well
prepared paper, bears the signature Oh
George H. Fearons, stiles & Holladay,
and I,eake e. Carter Only Judge lola
day went to West Virginia, and he
brought back with him all the papers, III
cluding the Injunction order
The bill, after stating that the Southern
Bell Company was chartered under me
laws of New York. gives the scope of It's
operations. and says that for fifteen years
il has maintained i'm several States ana
i'm the city of Richmond exchanges poles
and wires. instruments. and all other pro-
pertv necessary to the maintenance OF the
business. and that in this city II mas
erected and maintained its wires. poles'
&c. under and by authority OF the mu-
ricipal authorities Of the city the Legs
Iature of Virginia, and the Congress OF
the United States. The bill, continuing
AYERS that the company still maintains us
exchange in this city, and has a large
number Of subscribers herJ, each and all
of whom may be. and many OF whom are,
connected by their instruments win ths
Western Union Telegraph Company, ana
may and many do. transmit messages
through their phones to the said com
many. which are sent TO points In the
States.
NECESSARY PART OF ITS BUSINESS
The bill AYERS, further, that the trans
mission Of messages received ana sent Dy
the Western Union Telegraph Company ~
~
telephone company.
The bill AYERS that fits poles and wires
In Richmond constitute a part OF the
postal service OF the United States and,
after enumeratlng some Of the important
business houses included among the sub
scribers. declares that Il Is every day
! called upon TO put large number OF
persons in communication with the West
ern Union Telegraph Company. After
continuing at some length TO lay great
stress on the service thus rendered. the
bill makes the claim that the business
of the Bell company is that of a tele-
graph company. under the laws OF the
limited States and the State OF Virginia,
and that IT was entered as a telegraph
company under the general laws Of New
York. Attention is then called to the
fact that on February 49, 1889. the COM
pany deposited with the Postmaster
! General their acceptance Of the act or
Congress restricting and obligating tele-
| graph companies under construction, In
| operation or 10 be constructed, along any
Of the military roads and post-roads Of
the United States. which were then or
might thereafter be declared such by
law.
STREETS ARE POST-ROADS.
The bill declares that the streets and
alleys of this city are post-roads Of the
| United States, and declared so TO be by
the laws of the United States. The point
| is made that the United States Govern
ment officials are using the Bell COM
panv's phones for the purpose of trans
| hitting instructions TO other government
employees. and in business OF Importance
throughout the several States named
| and the District of Columbia and in for
eign lands.
Then the bill goes on TO claim for the
! Bell company the right under section
! 1923 Of the Code of Virginia TO construct
| its lines and operate the same I'm any
city or town In Virginia, with the consent
of the Council thereof IN addition to the
right given It by act Of Congress Of the
United States After laying down the
/ claim that the company's poles and wires
have all been erected, and its business
! transacted I'm accordance with State and
municipal laws. the bill goes on 10 state
/ that an ordinance was passed by the city
! of Richmond. July IS, 1891, 10 compel the
| Bell company to allow other persons or
companies TO place wires on its poles
! This. the bill states was i'm conflict with
! the rights OF the Bell company but was
enforced by threats OF those I'm authori-
| ty. that, unless IT submitted, II would be
driven from the city and it's business
broken up and ruined.
IT'S FRANCHISE REVOKED
The bill reviews the circumstances that
| led uD to the passage of the ordinance
OF December H. 1894. repeating the ordi-
/ nance granting the Telephone Companv
right Of way through the city. recites
that two other ordinances were passed
September 10. 1895. imposing fines on the
| company for using poles and wires on
the streets cites other alleged wrongs Of
| n like nature. and contends that the Bell
stll has the right to poles and wires in
the streets Of Richmond where they have
been placed under resolutions CT the
| Council Committee on Streets.
CAN'T TEAR THEM DOWN.
II is further contended that the power
| to repeal an ordinance allowing the erec-
ton of poles and wires does not give the
| power to compel the removal Of such
| poles and wires. The fact that the Rich
mond Telephone Company Is permitted to
erect poles and string wires along many
of the same streets now occupied by the
Bell company is fully set forth. and
used as an argument that the action Of
the city In requiringAhe Bell company TO
vacate the streets is not due TO the fact
/ that their occupancy Of them causes OBJ
struction or Inconvenience.
In conclusion. the bill declares that
unless the company is afforded the pro-
lection asked for its property will be de-
stroyed and It's business ruined. and a
| restraining order is asked for.
JUDGE GOFFS ORDER.
Judge Goff's order reads:
On reading the bill and exhibits Of the
plaintiff. the court doth restrain and en-
| Joint the defendant, the city OF Rich
| mond, its agents, employees, and all
| nthers from cutting. removing. inluring,