The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-26
THE DEMURRER OVERRULED.
Judge GOG Decides Against The City in
the Bell Telephone injunction Case,
COMPLAINANT A TELEGRAPH COMPANY
Under It's Charter. and Consequently En-
titled to That Protection Provided by
Coneress-Many Authorities Citet.
Full Text Of the Opinion,

Judge Nathan CoG has handed down
his opinion in the case Of the Southern
Bel Telephone Company vs.. the City OF
n chmond. This opinion he mailed from
his home IN Carksburg, W. Va to Mr..
NJ +. Pleasants. the Clerk Of the United
States Circuit Court. who received IL yes
/ tordav. Tie demurrer. 10 the complain
ants petition IS overruled and the IN
junction as prayed for by tho
complainant IS granted. and TO remain
IN force until the further order Of the
court.
/ This means q temporary victory for inc
/ Dou Telephone Company. The defendant
/ ie olvon the usual time 20 answer the
/ bin They will have 10 file their answer
/ within a month.
/ Judge COZ viii Immediately have
| short decree entered. oyeruling the de-
Jnurrer. This case was argued before
/ him I'm the United states Circuit Court
on January 18th. OF this year. stiles q
Holiday and Iu carter appeared for tho
Southern Bel Telephone Company, and
Mr. G. ". Meredith for the city.
The opinion covers ten pages or type
written manuscript. and S. most eXhaus-
tive in IT'S legal arguments and citation
OF authorities IL bears the date OF Feb
ruary &th.
The following is the fun text Of the
/ opinion.
TEXT or TIE OPINION.
'~Thls case is now IN my hands for
| hearing upon tho bin OF complaint and
/ the demurrer thereto. The demurrer AIDE
mlts the allegations OF tho bin properly
/ pleaded. Rearing this I'm mind. We Will
/ have but ltte trouble I'm reaching
/ conclusion ON the questions now to- be
/ disposed Of Tho allegations in the hin
claimed by tho defendant 10 be legal con-
/ cluslons, from the facts and circum-
stances set forth. VIII not be- considered
as admitted by the demurrer unless such
/ facts and circumstances are found 10
clearly sustain the contention of COM
plainant
"The complainant IS = corporation duly
organized, and doing business under the
I laws Of tho State OF New Ok. and the
defendant is n municipal corporation, ex-
/ istlug under tho laws OF the State of Nir-
Giuia. The complainant is engaged ia the
/ business of a telephone company, in
/ through. and between the States of Nlr-
I gina. West Virginia, North Carolina
/ South Carolina, Georgia, Alabama, and
FLORIDA, and has been so engaged for
/ the past fifteen years.
! "It has, ln conducting fits business
erected and maintained lines of wires
and poles through and along certain Of
/ the streets and alleys OF the city of
/ Richmond. under and by authority of the
Common Council and Board of Aldermen
OF said city, and 10y virtue Of the laws
/ OF the state OF Nirsluia and OF the
| United States.
ut IS alleged that the complainant IS a
/ telegraph company under the laws of the
/ United States. and of the State Of Nir-
I gina and that it was chartered as such
under tho general laws Of The state Of
| New York relating % telegraph COM
+ uanios.
a TELEGRAPH COMPANY.
/ "It is set forth in the bin that the COM
plainant in the city of Richmond main-
+ tains telephone Office connected hy
wires with "a large number of subscribe
crs an of whom are connected with
the office of the Western Union Telegraph
/ Company I'm that city, and that al such
subscribers may. and many of thcm do
f transmit. through their instruments cone
ncctcd with said wrcs. and through such
ofico of complainant TO the Western
Union telegraph Company messages adj
dressed and intended t0 he soon. and
which are sent 90 points in other states,
inc "ls'i vi ..''l.''., .,.. i..... ,,,-
tries under an ahI' .iI' '. ""i0N '.'o
istcd Tor years between ..' '''N- l.''i''
ana sald western 'Ii'" -'.'-i"l" No'.'
pany.
complainant alro ciilNi7 li.'l ila ""'a.
poles and instruments. ai localed u..u
used along and over The streets of the
city Of Richmond ara -o located and used
under tho provisions Of and are proc
tecte1 hv the laws Of the United States
fo~ ffe reason thlt ou tho f.th day ot
g-rbruarv 1850 it duly filed with the
po.tmaster-Caucral of the United States
it. ..coenforc. of the terms Of the act
~ C,orrrs.. entitled.
u,,.., o., ,f4 b.. r.o construction %
.-r''.,t. f,,.... .'.l D., .......,.. to tra Cow
'......'.. .t'.. ,... of d.. ...,. f... nosraf
nt. .l... ,...,.r... .rrroy01
,. ,t-., a ,... .r.ou,
'"' +,l.-
oiN'f lNln--. Ii-' ''.'" '..''
iiapA conn i"l t".- 4D'
after offaiiilr.I, Niu.i l'' ''
state which would iIe % Nil.l.h a.c'.-
tauoe with the Io 'mHsitr-'i i o.
tho restrictions and OBLIGATIONS oi t'lu
act. shoull have The right to conduct
maintain. and operate lines OF tclreraph
over and along amy of Tine military roads
and postroads of the United states which
had then been. or mirht thereafter be
declared such hy lay.
THE CITY ORDINANCES
cit IS also alleged that the city of Rch-
mcnd on the 25th day OF June, lssf in pur-
suauce OF the power given it by Section
1e,S of the Codo of Virginia. passed an
or5inonce bv which the complain lut was
Granted PERMISSION TO erect poles and
r,n wires thereon for the nurDose of tele-
ersnbi. communication throuchout the