Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-08-25
SILL OPERATE HERE
srper corr ENTERS DECREE IN
hell coMpANys FAVOR.
THE CITY MUST NOT INTERFERE.
- paramount to state
-. -, c,nxre.. Paramount to state
Inv or Municipal OBSERVATION-DISCLOSURES
NAV he Put Up and. Lines Extended
ON Any street.
ON Any street


s,oca WAS repealed by the Couneh soie
TO vears ago. cannot only continue ~
ooerate its plant here. as II mas pee"
doing all the while. but can eN'end i'S
lines and put up poles on any street o'
alley in the city whether the Counch
consents or not
This is the effect Of a decree received
Nv Clerk Peasants OF the United states
circuit court, yesterday from Judge Ma
than COZ. which pcrpeauates the injunc-
lion granted against the city some months
eco. and gives the Bell Company per-
roanent lease on life here unless the SUI
IRENE Court. TO which an appeal VIII be
taken. reverscs the Circuit Judge.
rhe decree Is more far-reaching than
,ba original decision OF Judge Coz was
and ~ allowed 20 stand will absolutely
lie The hands of the city In the matter Oh
j.. controlling such franchises. The inJunc-
tion granted By Judge Goff restrained inc
civ from interfering in any way WIN
the operation Of the Bel Company
plant but no extensions could De Hidus
without the Councils consent. and all APP
pjications for permission 10 renew oiu
poles and put up new ones have been
tabled. Under the decree entered yes
,eraay the company can do what 1t pleases
I'm the matter Of improvements.
WILL TAKE AN APPEAL.
Judge cons decision. which holds the
net OF Congress TO be superior 10 any
State law or city ordinance, did not &C.
casion any surprise. except in SO far as
II goes beyond the terms Of the decision
,,uaer which the injunction was awarded.
Tuv-Attorncy Meredith has already
taken steps TO have Judge COTS ruling
brought under review by higher court.
A petition VIII be fled Immediately and
the record VIII be prepared, so as to have
the case ready for the next term OF the
United States Circuit Court OF Appeals.
This court will assemble for us next
term in Richmond IN November.
Some talk has been had between coun-
sci on both sides of the case as TO the adj
Visibility OF having it certified directly
10 the Supreme Court Of the United
States at Washington. This point has
not yet been decided. and II is more than
probable that the first course Will be
takon.
II has been nearly a year since the
City Council directed the City Attorney
to see what course the city could pursue
TO have the poles and wires OF the Ben
removed, inasmuch as the Council mad
revoked the franchise Of the company.
While Mr.. Meredith was looking into
This question. the Bell through It's at
torneys-Messrs. Stiles q Holiday and
i.eake & Cartcr-went before Judge Goff
ana sued out the injunction restraining
the city from interfering with the com
pany's poles and wires.
TEXT OF THE DECREE.
Judge COTS decree IS as follows:
The Court. without passing on the rights
claimed by the complainant company
under the laws Of Virginia and the ordl-
nances Of the city OF Richmond. is OF
opinion. and doth adjudge, order ana
decree that the complainant company
has. IN accordance with the terms ahu
provisions and under The protection OF
the act OF Congress Of the United states
approved July -. 1856 (Which Is an au-
fhority paramount and superior TO any
State law or city ordinance in conillct
Herewith. the right Ito construct. mann
tain and operate its lines over and along
the streets ana alleys of the city OF
Richmond. both those now occupied by
the complainant company and those not
so occupied, and 10 put up, renew, re-
place and repair its lines, poles, ana
wires over and along said streets ana
ALLEYS. as well as 10 maintain, construct
and operate the same, and 10 connect us
lines with new Subscribers along salu
streets and alleys; and the said city OF
Richmond it's agents, officers and all
others are eni9ined and restrained from
cutting removing, or IN any way in
turing said lines, poles. and wires OF the
complainant company and from prevent
ing or interfering with the exercise of
the aforesaid rights by the complainant
company, and also from taking proceed
ines 10 infiict and enforce fines and penal
ties on said company for exercising IT'S
said rights
And the Court doth adjudge. order.
and decree that the defendant do pay 10
The complainant its costs In this suit in
CURED to be taxed by the Clerk; and thus
cause II ordered TO be removed from the
docket and placed among the ended
causes: but with the liberty to either
party hereto. on ten days notice TO the
other. To reinstate this cause on the
docket of this court on motion for the
purpose of enforcing and specifically de-
filming. should IT become necessary, theii
respective rights under this decree;
NATHAN GOFF,
United States Circuit Judge.
august %. 1897"
EFFECT ON THE NEW COMPANY.
Captain A. b. Guigon counsel for thS
Richmond Telephone Company. wher
asked what effect the decree would have
upon his company. replied that the de
cree was not unexpected. as Judge Goff'.
ruling on the demurrer had foreshadow
ed what his decision would be upon tn,
final hearing 'Of course continued
Captain Guigon. MIR. Meredith will
promptly appeal In behalf of the city I,
the United States Circuit Court of Ap
peals, and. indeed, IL Is not improba bl,
that he will suggest 10 that court L
certify the case at once 10 the Supreme
Court OF the United States. I'm order tina
so important a question may receive
1inal hearing before the court of last re
eort ne spe4dily as may be-
"As far as our company is concerned
the effect OF the decision will certainl,
be beneficial. The recent defeat of tn
Long-Distance Company by the Council
shows what a powerful influence an en-
1ightened and aroused public opinion is
The people have shown that they appre
ciate our efforts. and we feel assure.
that this latest development will
strengthen their friendly interest"
Decided for the Railroad Company
Judge Con also filed his decision her,
Yesterday in the case of the Contra
Trust Company vs.. the Richmond ant
Danville Railroad Company. in the mat
ter OF the claim of the Hamburg Bre
men Fire Insurance Company. This
company held a policy OF insurance
on a lot OF wood In Pittsylvania coun
~, which II claimed was burned by
the negligence of the railroad com
pany. and that the damages occasioneC
thereby should be paid out of the pro
ceeds of the sale of the road as having
an equity superior TO the claims of thu
bondholders under the mortgage fore
closed.
This question was decided In favor o
the bondholders by the special mas
tiers. Judge Atkins and Mr.. Peasants
and Judge Con-, in his decree. confirms
their report.
There had been no decision of tn,
precise question by the State or Fede
ri cor~fa I'm virginia thoiiRh some A