The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-23
Counsel For the Bell Company Have
Been Notified.
RELIEF RICHMOND PRAYS FOR.
Highest Tribunal in the United States
Asked 20 Reverse the Decree or
the Circuit Court Of Appeals
for the Fourth Circuit.
Text Of the Rea-
sons Given.

City Attorney c. V. Meredith has filed
with the Supreme Court Of the United
States a petition for a writ Of certiorari
in the cast Of the city OF Richmond
against the Southern Bell Telephone
Company.
A volumlnous brief in support OF the
reasons for the writ accompanied the Pc
titlon. Notice has been served on the
counsel for the company that the petition
will be argued on April 4th. 1t is possible
however. that the court will not be in
session on the ith. In that event the
hearing will be had on April llth. Should
the writ be granted the case will como
UP before the court on its merits.
Messrs. Stiles & Holiday and Leake &
Carter represented the Bell IN proceeu-
fngs in the lower court.
REASONS FOR THE WRIT.
The petition after giving history OF
the case advances the following reasons
as to why the writ should be granted:
Your petition submits the following
reasons why the said decree OF affirm
ance should be brought here by writ OF
certiorari for review. by this court;
First. The question of law involved in
tho affirmed decree as above stated are
of great inheritance and general interest.
because they very materially concern the
extent and the limits OF the power OF
municipalities over the construction ana
operation Of telephone companies In their
midst. and, II allowed 10 remain unchai-
lenged and settled by said decree of ar
hrmance. will of necessity govern future
DEGREES involving such questions in said
circuit, and greatly affect similar htiga-
ton arising ia other circuits.
Second. As affecting the rights Of all
telephone companies and the powers OF all
municipalities in this country, IL is mos,
desirable If not necessary, to have 1t
authoritatiye,y decided. 1st. Whether
any telephone company is embraced with
in the scope of the said act Of Congress
Of July q. 1866 3D. Whether a telephone
company doing a local business only is
within the purview OF said act. Sd.
Whether a telephone company doing both
an interstate and a local business Is be-
yond the interference or control Of mu-
nicipality as to its local business as well
as its interstate business.
9TH said opinion and decree Of affirm
ance IS in direct conflict with decisions Of
tiis court as to the control of State au-
thorities over telegraph messages or
freight charges of local, and not of an
interstate character
Third. II IS Of great Importance that
municipalities should know to what ex-
tent they can impose restrictions and con-
dltions upon telephone companies using
their streets.
Fourth That the Circuit Court of APP
peals erred in deciding that telephone
company is embraced in the act OF Con
gress Of July "a, 1866.
THE FIFTH REASON.
Fifth. That the Circuit Court Of APP
peals erred in holding that the complain
ant comes within the protection Of the
said act of Congress. 1st. Because its
buYiness IS of a local and not OF An inter
sta;e nature. %. Because. even II the
complainant Is entitled 90 the protection
| of said act as TO It's business in connec-
tion with the Western Union Telegraph
Company. yet it was not put by said act
| above municipal control as to it's purely
| local business, VIZ: messages when never
| left the limits OF the city. much less the
| limits OF the State.
Sixth. The Circuit Court of Appeals
| erred in ho'ding that. although the lines
| Of the complainant were erected and con-
| structed under the terms set forth in
| the contract-ordinance Of June 26. 1884
| yet that the company had the right to re-
| main In occupancy Of the streets OF your
| petitioner after said ordinance had been
repealed by valid ordinance.
Seventh. The Circuit Court Of Ap
| peals erred in holding that the restrictions
| and conditions set forth in the two ordi
1 nances heretofore mentioned OF your pc
| titioner and approved September 10. 1895.
| and commented upon in the opinion OF
| that court were void as not being lawful
| exercise of the police powers OF your pc
| titioners.
your petitioner exhibits as a part OF
| this application a certified copy OF the
OF the said Court Of Appeals.
THE RELIEF PRAYED FOR.
| "In view OF the nature OF the questions
| Of law involved. and In view OF the errors
complained OF. your petitioner prays thai
| this Honorable Court will grant It's writ
| OF certiorar directed TO the Circuit Court
| OF Appeals OF the United States FOR the
| Fourth Circuit. requiring that the record
| Of the said cause In said court and its
| decree OF affirmance thereof be certified
| TO this court and that this Honorable
| Court will. thereupon. proceed to correct
| he errors complained OF, reverse the said
| decree, and remand the said cause, and
4 give your petitioner such other and fur
| ther relief as the nature OF the case NAV
| require and 10 the court may seem meet
/ In the premises"
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