The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-21

Proposed by Superintendent Mechanics
of the Missouri and Kansas Telephone
Company, Who Wants the City to Bind
Itself for Thirty Years-Peace is Thrown
Overheard and War Declared Supreme
Decision in Full.
They met. They discussed. They
1 cussed. They read an ordinance pro-
/ posing thirty-year franchise at rate
+ Of $36 and $50 per year. They attempt
/ ed 10 refer the ordinance TO a commit
/ tee, but it was voted down. Some want
/ TO go in executive session, but this was
/ lost. They talked. They got Disguised.
4 They adjourned without doing any
( thing.
! The above is a correct synopsis of last
/ nights special meeting of the council
( which was convened under the follow
! ing call:
Wichita, Jan. 20. 1896.
| I, In. Cox, mayor of the city Of Wich-
! lta, by virtue Of the power vested in me
I by law, 90 hereby call a special meet
ing of the city council to be held on this
day at 1870 p. m, at the council cham
Der, 70 act on matters pertaining 10
telephones. I. NJ. cox, Mayor.
The call was ready and 3Ir. McDan-
ielS was invited to address the council
who stated that he was there in the in
terest of peace and not war. He made a
proposition TO the council Offering a
rate Of s36 for business houses and $50
1or residences, with a prOvisO that
when patrons were using both phones
| that the latter should be furnished al
a rate OF $24
Mayor Cox asked if he had an or
dlnance or his proposition in writing, if
50, THAT 1t be presented 10 the council
Mr.. AlcDaniels then brought TO the
clerks desk prepared ordinance which
the councilmen found many objections
TO and were unwilling to pass.
Councilman Oliver wanted to know if
want or employe of a company, agent
pany had any petition with him show
ing the expressed wish of the patrons
Of the company, and was answered in
the affirmative, but Councilman
Throckmorton objected to this kind Of
/ evidence saying it was not a fair ex-
preston and the only way to get a
true expression would be for commit
tee and not employees Of the company TO
| visit the patrons
Mayor Cox declared that what was
done should be done speedily as during
all this time the patrons We're paying
the Old rate
By this time the councilmen had be-
I
der discussion and when Councilman
Burton moved to adjourn it was car
ried.
The city attorney presented the fol-
/ lowing opinion as rendered by the Su-
preme court in its recent decision, he
having just received it and il is pub
| lished in full:
"On September Is, 1895. H. c. Chip
chase, the manager of the Missouri and
Z
was arrested for the violation of an
ordinance of the city imposing a Il
cense-taX on telephones and preScrib-
ing penalties for using them without
complying with its requirements.
The first section of the ordinance
provides that any company. corpora
tiOn or persons engaged in the telephone
business in the city of Wichita shall
pay a license-taX of S12 per annum
upon each business phone. and tax Of
$40 per annum for each residence phone
in carrying on such business, and max
ing il unlawful to carry on the business
without having obtained from the city
clerk a license therefor.
''Tlhe second section provides that II
any company, corporation or person
carries on the business without procur-
ing a license they will forfeit the sum Of
$25 for each day that each phone is used
or operated.
Tine third section makes It an offense
to carry on the business without pay
ing the tax and procuring a license. and
provides that any manager, agent, SER
want or employe of a company, corpora
ton or person who shall violate the
ordinance shall upon conviction be fined
in any sum not exceeding 500.
''The telephone company or which
Chipchase was the manager was en-
gagged in the telephone business in
Wichita, and 1T is alleged that the
company had about two hundred and
ninety telephones in use within the cor
porate limits of the city. The company
refused 70 pay the license-tax or other
wise comply with the provisions Of the
ordinance, and upon 2 complaint made
Chipchase was arrested under a war
rant issued by the police judge of the
city of Wichita
upon the application of ChIpchase
the writ Of habeas corpus was issued.
In the return Of the CRY marshal
he sets fonth the fact that Chipchase is
1 in his cuspody by virtue of a warrant
duly issued IS aforesaid. and also set
ting out a copy Of the city ordinance
under which the petitioner was prose-
cIted. Chipo.dase excerpts 10 the suffl-
cheney OF the return and asks TO be
discharged from custody.
1T IS insisted by the petitioner that
the ordinance IS void-first. because the
license tax IS unreasonable and eXces-
sive; second. because IL obStructs and
places q burden upon interstate COM
merCe; third. because the instrument
upon which the liCenss-taX are assess
ed are coverted by letters-patent.
an the application for the writ are