The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-15

state OF Michigan. between the cities OF
Grand Rapids and Grand Haven. and IN
Transporting merchandise without being
licensed and inspected under tho United
States laws. To recover tho penalty
provided for want OF such inspection
libel was fled. IL was admitted that she
carried goods shipped from other States
to Michigan. and out OF Michigan 10
other States, and the owners set mp the
defenc. that the steamer was engaged
SOLELY in domestic trade and commerce
and was not subject 10 the navigation
laws OF the United states. The District
Court dismissed the libel. The Circuit
Court reversed this decision and was sus-
tanned by the Supreme Court OF the
f-ni,ed states Justice Field. IN de-
Ilverinp tho opinion. said: 80 far as she
was employed in transporting goods us
tined for other States. or goods Drought
from without the limits OF Mlcfhsah'
and destined 10 places In that state sue
was engaged in commerce between inc
States"
MIR. CARRIERS ARGUMENT.
When Judge Holiday concluded MI.
Hin Carter addressed the court. fis 'oo'N
up the relations between telephone anu
telegraph companies. claiming that 'ney
were 50 intimate as 10 make the rights
OF the two practically the same. ITO
dwelt upon the right OF Congress 10 e9-
tablsh post roads. and claimed that mo
telephone as we'll as the telegraph com
pauies, are under the control OF the inter-
state commerce laws.
The city having once exercised the
power given IL by the Legislature. said
Mr.. Carter, had exhausted itself. ana
could 20 no further; the only right given
IL by the Legislature was 20 say yes
or no"
Mr.. Carter -elated how the Southern
Bell Company had come here and began
TO put up It's poles and wires, ana was
at work when the city passed am ordi-
nance 10 the effect that it's franchise
might be repealed az any time after
twelve months had elapsed.
THE Southern Bell Company he said
could not have come 20 Richmond when
il did but for tho city Council, but mat
does not bind them to 90 away when
tho countenance Of the Council is with
drawn. There was no promise that we
would take down our poles and wires
when tho Council no longer wanted them
here"
Mr.. Garter spoke for little over an
hour. citing q great number OF author-
behalf of the Bell.
THE CLOSING ARGUMENT
Mr.. Meredith closed the case with
brief speech. He claimed that if the au-
thoriiics quoted by counsel for the Bell
Company had been fully quoted The dee
Gnclion drawn wOIld have been differ
emit The difference. he said. between "a
telephone and telegraph company was
clearly defined. they We're i'm no respects
similar Their. was nothing bon the allie
cations TO show that messages had ever
been received no the Western Union offices
and sent ont by phone.
Preference has been repeatedly made
10 the tra.fic contract between the South
crn Bell and the Western Union but DO
has never beer introduced here 10 show
what lts provisions are. / wish that your
Honor would ask FOR the production OF
that contract
Mr. Meredith denied the position taken
by Mir. Carter that the city after grant
ing a franchise. had no power 20 rescind
%. II the city had the right 10 allow
IL company 10 come here. they had
right % say when they should 20 away.
Mr.. Meredith then again mentioned the
traffic contract between tho Southern Bel
and tho Western Union Company. which
he said the Bells attorneys had failed
10 produce
They probably simply neglected. 10 file
it IA am exhibit with their bill. said
Judge Goff
"Wo thought that was matter of
proof" said Judge H0llday
"It is NOT % matter of proof when the
whole question Of whether the Bell Com
pany is in tho interstate commerce bu7i-
ness hinges on rs wording said Mr.
Meredith
CUMBERlNG THE STREETS.
The Bell Company. now. said Mr. More
dith. was numbering the streets of Rich
mond without penny Of compensation 90
tho city. they stood there NOW free or
everything. except the police powers OF
the city Of Richmond.
II don't believe that the Congress or
tho United States" be said. eyer in-
tended that a company should hold
franchise in any city without first asking
for the right. ! submit that 10 is nor
fair: that il U.s. not "a proper interpreter
ton OF the law. and that 10 is against
the rulings OF the Supreme Cour'
Mr. Meredith concluded Dis argument
40 r O'Clock. and the ease WAS submitted.
Judge Cor LEFT at o'clock for Dlark--
lurx. W. Va. after requesting Alr. Mere
dith 20 mail him a. copy of the city char
ter 20 that place. ana also asking Judge
Holiday 10 forward brief in Tire case.
which is 20 be- prepared.
Judge Con- VIII return 90 Richmond ON
February "a. az which time decision
is expected. Chief Justice Fuller Will Doe
in Richmond on the same date.