The times. [volume] (Richmond, Va.) 1890-1903, 1897-08-25
A PERMANENT INJUNCTION,
United States Judge GOd Decides the
Telephone Suit AGAINST the City.
CITY ATTORNEY TO APPEAL PROMPTLY
Going Before the Circuit Court OF Appeals
at the Next or November rerm-Ihe
Bell Company Granted Permission
to Construct and Repair.


the decision OF Judge Nathan Con- OF the
United States Circuit Court In
tho celebrated case Of the South
ern Bell Telephone and Teie-
graph Company VS.. the City or Kich-
mond. Yesterday he handed down de
cree. which was at once made public.
The decision OF Judge Goff, which Is
against the city will be read with great
interest. as the result OF the contest be-
tween tho city and the company is one
Of vast Importance TO the citizens Of
Richmond.
Every one IS now familiar with the his
tory OF the case, and it will be remem-
hered that when the franchise and char
Ter of the Southern Bell Telephone ana
Telegraph Company expired some months
since IL was not renewed, the company
refusing TO grant certain conditions
which tho city Council sought 10 place
in the charter.
SECURED AN INJUNCTION.
Then the company secured an in
junction in the United States Circuit
Court. from Judge Con-. restraining the
city from interfering with It's lines or
works tin the case could be decided oy
Judge GOn.
The claim OF tho plaintiff was under
both the original ordinance or the clty
of Richmond and an act Of Congress re-
forred 10 in the decree OF Judge 6oh'
which f. given below in full
No discussion or the city ordinance ap-
pears in this decision, which confines
itself to the act OF Congress, and from
IL tho decree and decision are made that
the company has the right 10 use the
streets Of the city Of Richmond.
The leading counsel for the company
was Mr.. George N. Fearns. OF New
York tho general attorney for the South
ern Bell Telephone and Telegraph Com
pany.
Messrs. stiles and Holiday and Leake
and Carter are the local counsel for the
company.
HE WILL APPEAL
Mr.. Charles V. Meredith. City Attor-
noy, has represented the city II Rich
mond I'm the case from the beginning.
a petition for an appeal from the de-
clsion OF Judge Con Will. be Immediately
filed and the record will 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 It's next
term I'm Richmond IN November.
Some talk has been had between the
counsel on both sides Of this case as TO
the advisabllity OF having it certified di-
recty 10 the Supreme Court Of the United
States at Washington. This point has not
yet heen decided. though II is more than
| probable that the first course will be
| taken.
The following is tho full text Of the de-
cree:
JUDGE GOFFs DECREE.
The Southern Bell Telephone and Tele-
graph Company
The City Of Richmond
Tho Court without passing on the rights
| claimed by the complainant company un-
| der the laws of Virginia. and the ordln-
| ances OF the city Of Richmond is Of Opln-
| ion and doth ad ldge, order and decree
| that the complainant company has i'm
| accordance with the terms and provisions.
| and under the protection OF the act Of
| Congress OF the United States approved
| July y. 1866 (Which Is an authority
| paramount and superior TO any State law
| or city ordinance In conflict therewth)
| the right to construct. maintain and ODe-
| rate its lines over and along the streets
| and alleys Of the city OF Richmond. both
| those now occupied boy the complainant
| company and those not now so occupied,
| and 10 put up, renew, replace, and re-
| pair its lines, poles and wires over and
| along said streets. and alleys, as well as
/
! same and 10 connect IT'S lines with new
| subscribers along said streets and alleys.
| and the said city of Richmond. its agents,
| officers. and all others are cnjOined, ana
! restrained from cutting. removing or IN
| any way iniuring said lines poles, ana
| wires OF the complainant company, ana
| from preventing or interfering with the
| exercise of the aforesaid rights by the
| complainant company, and also from tax
| ing proceedings tO infict and enforce fines
| and penalties on said company Tor cNer-
| cising its said rights.
And the Court doth adjudge. order. and
| decree that the defendant do pay 20 the
| complainant It's costs In this suit incurred
| 10 be taxed by the Clerk and this cause
| As ordered 10 be removed from the docket
| and placed among the ended causes; but
| with liberty 90 either party hereto on ten
! dovs notice to the other 10 re-instate this
| caiise ON the docket OF this court, on mo
| tiou for the purpose OF enforcing and
! srecldcany defining. should IT become
| necessary their respective rights undef
! this decree. a.,,,.. conn,
United States Circuit Judge.
| nH