The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-19
POLE AND WIRE WAR
The Trouble Of Messenger Companies
Growing in FiercenesS
FIRST ONE THEN THE OTHER
Now It's Iiaupt Against the Whole
Communlty-A Mixed Mortgage
The Appletons of New York
Sued-Other Court Notes.

The war OF the messenger companies
is growing fiercer. First the World
company enjoined the city officials from
interfering with the construction of its
system and then II enjoined the consol-
idated Independent and Citizen compa-
MES from carrying out alleged threats
TO cut its wires and pull up It's poles.
Yesterday the consolidated companies
interviewed in the case of Henry l..
Haupt (the World company against
the city and seek to enjoin Haupt from
operating his concern. The complaint
in Intervention recites that the indie
pendent and Citizen companies COM
piled with all the terms OF their iran
chise. BY the provisions of their IRAN
chises they are required and compelled
to permit the city to use the poles or
the company for a police and fire alarm
system, and are compelled to furnish
police alarm boxes and other appara-
tus for operating the system, ana 10
give bond OF $4,000.
In compliance with these provisions,
says the complaint, the companies have
constructed the messenger lines, ana
have expended large sums of money,
and have been carrying on "a mes
senger service and business under one
general system and management Tor
the demand, convenience and accommo-
dalton of the public and for the benefit
and interest of the city of Butte" The
complaint then goes on to deny that
Haupt has obtained through w. c.
Morgan and II. p. Emise and Seth b.
Smith and the Montana Electric COM
pany. or otherwise, any franchise or
right from the city to string wires or
erect poles for the purpose OF construct
ing a parcel delivery and telegraph call
| system. 1t is averred, on the contrary,
that whatever rights and privileges
| were granted to Morgan and Emise by
virtue of the franchise were thereafter
| assigned and sold to the Independent
| and Citizens companies before May 20,
| 1895, and that Seth Il. Smith and the
Montana Electric company and Haupt
had knowledge of such assignment.
The complaint further alleges belief
that the Morgan-Emise franchise and
all rights and privileges under it had
been forfeited, and denies that Morgan
/ and Emise on May 81, 1895, or at any
| time, assigned the franchise to Seth Il.
| Smith, or that Smith on June l trans
ferred IL to the Electric company, or
that the latter assigned IL to Haupt. IL
| is alleged that on the 18th of last month
and ever since Haupt has been erecting
poles and stringing wires in the city,
| over and upon the streets and alleys
| and public grounds, for the purpose OF
| constructing and carrying on mes
senger and parcel delivery service In OPP
| position to the intervenors and against
I
injury. BY erecting the poles and
stringing the wires Haupt unlawfully
obstructs the free passage and use OF
the streets, and especially Injuries the
intervenors for the reason that II OBJ.
structs them in erecting poles and
stringing wires by right of their fran
chise
The city, by ordinance, has declared
II a nuisance and prohibited any person
or company from erecting poles OF
stringing wires on the streets without
a permit or special privilege granted
BY reason of the action of Haupt the
intervenors have been damaged in the
sum of 500. and will continue TO b'
damaged in the sum of IS for each ant
every day until the plaintiff is enjoineC
from operating his messenger system.
The intervenors allege that they ar
without any adequate remedy at Law
for the wrongs of Haupt, for the reason
that II would be extremely difficult Z
ascertain the amount of compensation
which could afford adequate relief. ant
that an injunction is necessary TO pre-
vent a multiplicity of suits. j. o. Ben
| der is counsel for the intervenors. II !
, stated that If the case ever comes L
, trial there will be some interesting dis
closures.