The times. [volume] (Richmond, Va.) 1890-1903, 1897-08-31
BELL DECREE AMENDED.
TINE CIR rs NOW IN a MOST HELP.
LESS CONDITION.
An Appeal viii be Taken by Mr.. Meredith
and the Records Now Being
Prepared

Judge Goff, Of the United States Court
heard argument on Saturday in Ciarks-
.hurg by counsel for the city OF Richmond
and tho Southern Bell Telephone COM
pany in reference TO the motion wnieh
counsel for the city OF Richmond pro-
,,osed 10 submit in regard TO the decree
entered recently in the Bell telephone
suit.
The motion which tho city proposed TO
submit was. in substance. that the Judge
should so modify the decree as not TO
enjoin the city from interfering with the
Bell Telephone Company as 10 local mes
sages.
THE CITY's POSITION.
Tho position taken by the city was 10
the effect that even II the judge had the
right 20 enjoin the city from interfering
with the company as 20 the erection OF
poles and wires. and 10 enJoin from
interfering with its business as TO mes
sages OF an Interstate commerce nature
vet the United States court was without
Jurisdiction TO enjoin the city as 10 local
messages.
Counsel argued the motion before Judge
Goff Saturday morning, In Clarksburg
counsel for the company insisting that
the motion should not be granted. After
hearing the argument. Judge Gon de-
clned 10 modify tho decree as asked for
by the city.
Thereupon counsel for the city moved
the court to expressly declare upon the
face OF the decree that he intended 10 en-
Join the city even as 70 local messages,
so that in the petty courts there could he
no doubt or dispute as TO what ne in
tended 70 be the extent of his Injunction;
and thereupOn the Judge entered the fol-
lowing decree:
JUDGE GoFF DECLINES.
This day came the city OF Richmond,
Ly counsel, and moved tho court 60 rnodi-
~ IFS decree in this cause Of August %.
1871, by inserting Hereinafter the words
construct and operate the same the fol-
lowing woTds-tO-wit: so far as 10 re-
ceive from and deliver TO the Western
Union Telegraph Company messages sent
from beyond the limits OF the state of
Virginia, or 70 he sent beyond the said
limits and by Inserting hereinafter The
words interfering with the exercise Of
the Aforesaid rights by the complainant
company. the following words-to-n1t:
go far as tho reception from and deliv-
cry 10 the Western Union Telegraph Com
pany OF any message sent from beyond
the limits Of the State of Virginia, or 10
DO sent beyond said limits;' but the coun-
sci for the complainant objected and the
court intending by said injunction 10 en-
Join tho city from interfering with the
local business and messages, as well as
those of an Interstate character doth
decline and refuse TO so modify said de-
cree"
Will TAKE AN APPEAL.
II may be seen from this that tho Ques-
ton is now directly raised as 10 how far
the United States court can, under tie
Interstate commerce clause of ;he Unit
ed States Constitution. onjoin munich
pal government from controlling or Limit
Ing purely local business.
After the above decree was entered,
Judge Golf signed the petition for an ap-
peal and the other papers necessary
thereto. II is understood that the rec
ords will be placed In the hands Of the
printer within n few days