Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-11

food seemed To 90 me no POOu- NOW
am well, and your medicine has cured
the. Twill gladly recommend your med
icinc TO every one wherever | go. -
Mrs. M. l.. SHEARS, GUN MARSH, MICH.
----.-------.-.-.--,--- --------..-,
and telegraph Company TO erect poles,
and run suitable wires thereon, for the
purpose Of telephone communication
throughout the city Of Richmond, on the
public streets thereof. on such routes
as may be specified and agreed on py
resolution or resolutions OF the committee
on Streets. from time 70 time, ana upon
the conditions, and under the provisions
of this ordinance 2. On any route con-
CedCd by The Committee on streets, ana
accepted by the company, the sald COM
pany shall under the direction Of the
City Engineer, 50 place its poles and wires
as to allow for the use Of the said poles
by the ire-alarm and police-telegraph, In
all cases giving the choice OF pos lion 10
the city's wires. wherever II shall De
deemed advisable by the council or the
proper committee to extend the rre-alarm
and policc-telcgTaph over such route. 3.
The telephone company to turnish tele-
phone exchange service TO the city al d
special reduction of so per annum, lot
each municipal station. 4. NO shade trees
shall be disturbed cut, or damaged by
the said company in the prosecution OF
the work hereby authorized without the
permission of the City Engineer. and the
consent Of the owners Of properly IN
front of which such trees may stand,
first had and obtained: and all work au
thorized by this ordinance shall be, IN
every respect. subject 10 the city Engl-
ncer's supervision and control. o. The
ordnance may a any time be repealed
by the Council of the city Of Richmond;
such repeal 10 take effect twelve months
after the ordinance of resolution repeal
ing it becomes a law"
The Code of Virginia adopted in 1857,
Section 1881 provided that every tele-
graph and every telephone company IN
corpOrated by this or any other state,
or by the United States may construct.
maintain. and operate Its line along any
OF the State or county roads or works
and over the waters Of the State, and
along and parallel to any of the railroads
Of the state, proYiied the ordinary
use Of such roads. works, railroads. and
waters, be not thereby Distracted; and
along over the streets Of any city or
town. with the consent Of the council
thereof"
Under date of February II, 1889, the
Southern Bell TelephGne and Tele-
graph Company filed with the Postmas-
restrictions and obligations of the above
act Of July a. 1866.
HISTORY OF THE SUIT.
The present suit was brought by that
i'm the Circuit Court OFT he United
States against the city OF Richmond.
The bill alleged that the plainub was
engaged in the business Of a telephone"
company and OF constructing, maintain
ing, and operating telephone lines in,
through. and between the states OF Nir-
ginia, West Virginia. North Carolina,
South Carolina, Georgia, Alabama, ana
Florida; that it had been 50 engaged for
"a PERIOD Of about fifteen years, during
which time t had continuously main
tanned at various places in said States,
and in Richmond, Va. an exchange.
poles. wires. instruments, and all other
and property necessary for the
and operation vi telephones
and telephone Ines, and mad erected
and maintained through and along the
certain streets and alleys Of tnat city
numerous poles and wires for conduct
ing its business; that il had so conduct
ed its business, and erected ana main
and by authority of the Common Council
and Board of Aldermen, of the city Of
Richmond the Legislature of Virginia.
and acts Of Congress of the United
poles were used by its subscribers In
connection with the Western Union Tele-
graph Company under an agreement be-
tween the plaintiff and that company.
for the joint use Of the poles and fix
lures Of both companies in sending and
i'm part interstate commerce by reason
of its connections with the above tclc-
graph company; and that its status was
that Of a telegraph company under the
laws of the United States and Of the
state of Virginia, and of other States OF
the United States, and that 1t was, and
is I'm fact chartered as a telegraph COM
pany under the general laws of New
ork.
THE COMPANY'S CONVENTIONS.
The plaintiff also alleges that ii had
accepted the act of Congress of July a.
IL became entitled TO construct. MAINTAIN,
and operate lines of telephones over and
along any of the military roads and post
roads of the United States. which had
then been or might thereafter be de-
clared such by law; that the streets. al
leys and highways of the city of Rich
mond are post roads of the United
States: that the several departments OF
I he Government of the United States 10
Gated IN Richmond have used in that city
the plaintiffs electrical conductors and
other facilities for the transmission OF
orders. and information 10
officers and persons In the administration
of governmental affairs, and on other
business throughout the several States
and tho District of Columbia, and in
foreign countries; that under 9nd by viz
tue Of the Virginia Code. section 1897,
{ he plaintiff was authorized and empOw
cred TO construct. MAINTAIN. ana operate
its lines of poles and wires. with neces-
sary facilities along and over the streets
of any city or town in Virginia with the
consent of the council thereof, and under
and by virtue of the power and authOTi-
ty therein conferred, all OF which was
additional To the right given by the
above act of Congress- il maintained and
operated its lines i'm the streets of the
city of Richmond, and had in all respects
complied with the legal obligations and
requirements imposed; that relying upon
it's right TO erect maintain. and operate
its lines along and over the streets and
alleys of Richmond. 1t entered upon said
streets and alleys. and had conducted its
business and executed its contracts, OF
W hich a large number were in force. 10
furnish and afford telephone" facilities
10 the residents of Richmond, and TO per
sons outside of the city of Richmond and
with the officers and agents of the Fede-
raj Government; and that under the act
OF Congress of 1866 II was and is en-
titled TO maintain ano operate its lines
through and over the streets and alleys
" the city Of Richmond without regard
20 the consent of the said city, and 81
did Ia fact locate many of It's poles and
wires and begin the operation of its
business without applying TO the said city
q "a. a