Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-02-26

The opinion OF Judge Nathan Con. OF
the United states Circuit Court. in the
case Of the Southern Bell Telephone Com
rary against the city Of Richmond. was
received by mail at the Clerks office yes
tcray afternoon.
In It judge Con sustains the plaintin
company. and announces that he Will
pass decree oyeruling the demurrer.
The injunction prayed for by the COM
pauaut 90 restrain the city from inter-
lcriuc with its rights here is granted. and
viii remain in force until the further order
of thc court.
The case was argued IN this city January
1Hh. Mcssrs. stiles and Holiday and
Nessrs. Ieake and Carter appeared tor
the southern Bell Company. and City-At-
t1rney Meredith appeared for the city II
was argued very fully. both orally and in
briefs.
judge Gohs opinion recognizes the busi-
ness or conducting "a telephone exchange
US part OF a telegraph system. and holds
that the State and city laws in so far as
Trey conflict with national legislation are
inopcrative and void 1t is a comprenen-
sive paper far-reaching I'm its effects
and. II sustained by the Supreme Court Of
the United States, will give the Bell Com
pany all Of the benefits to which tele-
sraDh companies are entitled. The Judge
holds. further, that this company can
enter any OF the streets of Richmond
which are recognized as post roads, and
the city cannot restrain &c.
The Opinion in Full.
The opinion was signed by Judge Goff day
before yesterday. and mailed TO this city
from Clarksburg. Ii Is an interesting
paper, and Is here given in fun;
This case is now in my hands for near
ing upon the bin of complaint and the de-
murrer thereto. The demurrer admits the
allegations of the bin properly pleaded.
Bearing this I'm mind. we will have but
little trouble I'm reaching q conclusion ON
Che questions now 10 be disposed of. The
allegations in the bill claimed by de-
fendants to be legal conclusiOns-from the
facts and circumstances set torth-Wlll
not be considered as admitted by the de-
murrer unless such facts and circum-
stances are found TO clearly sustain the
contention OF complainant.
The complainant is a corporation duly
organized and doing business under the
laws of the State of New York, and the
defendant is a municipal corporation, eX-
isting under the laws Of the State of Viz
ginia The complainant is engaged in the
business of a telephone company, in,
Through. and between the States Of Nir-
gInia West Virginia, North Carolina
South Carolina. Georgia, Alabama. and
Florida. and has been so engaged for the
past fifteen years. II has. in conducting
IFS business. erected and maintained lines
Of wires and poles through and along GER
tain of the streets and alleys Of the city
of Richmond. under and by authority OF
The Common Council and Board of Alder
men OF said city. and by virtue of the
laws Of the State of Virginia and Of the
United States.
IS A TELEGRAPH COMPANY.
IL is alleged that the complainant is a
telegraph company, under the laws of
the United States and Of the state of
Virginia. and that il was chartered as
such under the general laws of the state
of New York. relating 10 telegraph
companies.
10 is set forth i'm the bill that the COM
palnaut in the city of Richmond MAIN
tlius a telephone Office. connected by
wires with a large number of subscribers,
aI of whom are connected with the
office OF the Western Union Telegraph
Company in that city, and that all such
subscribers may and many Of them do,
transmit through their instruments con-
nectei with said wires and through such
office Of complainant 90 the Western
Union Telegraph Company messages ad-
dressed and intended TO be sent. and
which are sent 10 points I'm other States,
tle District Of Columbia. and foreign
-under an agreement which
ta- existed for years between the COM
Ia.naut and said Western Union Tele-
graph Company
THE DEFENDANTS CLAIMS.
Complainant also claims that its wires
poles. and Instruments. as located and
used along and over the streets of the
city ~ Richmond, are so located and
used under the provisions Of and are
protected by the laws of the United
states. for the reason that on the 18th
day of February. 1889 it duly filed with
iae Postmaster-General Of the United
states lts acceptance of the terms OF the
act of Congress-. entitled An act to aid
in the construction Of telegraph lines
and to secure 20 the government the use
OF the same for postal. military ana
other purposes; approved February a.
lH+. by which it was among other things
provided that any telegraph company
Then formed or thereafter organized, un-
DER the laws OF any state, which would
NIr 10 written acceptance with the POST
nastcr-Gencral OF the restrictions ana
obligations OF said act should have the
rsht 20 conduct. maintain. and operate
lines of telegraph over and along any
90. the military roads and post-roads OF
ihe United States which had then been
or might thereafter be, declared such by
law.
10 is also alleged that the city Of Rich-
m9ld Cn the 26th day of June, 1881 III
pursuance Of the power given IL by sec
zion 1888 of the Code Of Virginia passe1
an ordinance by which the complainant
was granted permission 10 erect poles,
and run wires thereon for the purpose oi
tr.ephon.c communication throughout the
city OF Richmond on the public streets
thereof. on such routes as might be spe-
cited and agreed upon Boy resolutions ol
Ih. Committee on Streets from tine 70
the provisions Of such ordinance.
. ..4.4...4-...,i .DuylsANCE.
BE- ls also alleged that the city Of Rich
mold on the 14rh DAY of December
lSt passed an ordinance which provided
That the ordinance. approved June 20
1884, granting the right-of-way through
out me city 10 the Southern Bell Iele-
Inone and Telegraph Company be. ana
the same is hereby. repealed; that py
the hfth section OF said ordinance OF De
cember a. 1894. all the privileges and
rights granted by the ordinance OF june
~ lss5 were 10 cease at the expiration
Df f..lf.-. .-.I..sf... from, the nuprONal OF