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

| s.h . No mole now erected for tn
supports of telephone wires shdii Ieh,e'
| on any street I'm said city aiter the l9,i
| day OF December. 1880. unless 'ne y" ~
or user OF such pole shall first nave pe
| ,it,oned for and obtained the privilege
! OF erecting and maintaining Poies a.,
wires for telephone purposes IN aeSoi , "a
ance with the conditions on eni' ~.
nance and such other conditions a. ~ |,
Council may see At TO impose. Anu
s,,ch oyner falling TO obtain such PRIV
lege as above required. SHAH negleS, W
fan to remove such pole or poles az. ar
telephone wires supported thereon iron
the streets or alleys Of the city py wy
10Th day of December, 1888, anu ~ ~
the street to "A condition similar 70 Wy
rest OF the street or alley contiguous
thereto. the said owner shall be napl'
TO a fine Of not less than 20 noI In1I
than 500 for every such pole so remain
ing i'm the street or alley; TO be impose,
by the Police Justice OF the CITY, eaci
days failure 20 be separate onenCe,
Nv the other ordinance OF SeptemDe'
10 1906 il was among other things pro
yided 1.-THE City Council VIII grant per
mission TO any company, corPora''V,u.
partnership. or individual TO place us
wires and electrical conductors in con
duit under the surface OF said sIieer'
Of the city; any such indiudual, partner
ship. CORPORATION. or company. uesH .Is
such permission shall petition 10 ,nI
Council therefor; such Peuuot -
name the street. alleys. and the slue
and portions thereof TO be used ana O.
cupied nv such cOnduits. ana Snal sun
mil mans. plans. and details thereof 10
accompany such petition
UNREASONABLE; UNCONsIlIU-
TIONAL."
The bill contains additional allegations
to the effect ,,,o
,..rIt MI
nances referred to were unleasoIdDle'
ultra wires, and unconstitutional, ihat
the plaintiff was entitled, independent
of, and superior to the consent OF the
city of Richmond 10 construct main
tain. and operate its lines over anu
along" the streets Of that city; that tele-
phone companies and their business were
embraced by the terms lof the act OF
Congress and that in fact. telephone
and telegraph companies were, Tor inc
purposes embraced by that act, one ana
the same, that the post roads spoken OF
In the act were not limited 10 routes on
the public domain. but embraced all post
roads of the United states mat had beeh
or might hereafter be declared such by
Congress; that the streets ana alleys or
the defendant being post roads, the pam
tiff had the right under the act OF CON
grcss "to occupy the streets and alleys
of the city Of Richmond for its purposes,
guaranteed 10 IL by tine Constitution ana
laws of the United States, superior 10
any power i'm the said city 10 prevent II
from SO doing" and that II CLAIMS NOT
only the right TO maintain It's present
poles and wires along the streets ana
alleys now occupied by II, but TO eN-
tend tn m TO other streets and alleys as
its business. and the business interests
of the country, ana its patrons may re-
uuirc."
The city demurred to the bill Of COM
AM ha 0EeTTlsleI.
Is Fed. Rep. SIS
THE CIRCUIT COURTS DECREE
An answer was then FLED. which mot
the material allegations OF the bill, ard
the cause was heard upon the merits.
In the Circuit Court a fnal decree was
enteied in accordance with the prayer
of the bill. as follows: The court. with
out passing on the rights, elaine py lls
company, under the laws or
and the ordinances Of ne city
of Richmond is Of opinion and dom ad-
judge. order and decree, that the COM
plalnant company has. In ACCORDANCE
with the terms and provisions, and under
the protection OF the act Of Congress or
the United States. approved july y 1850.
(Which is an authority paramount and
superior 10 any state law or cry urol-
nance in conflict therewith), the right
TO construct maintain. ana operate its
lines over and along the streets ana al
leys Of the city of Richmond both those
now occupied by the complainant COM
pany. and those not now 50 occupied,
and TO put up, renew, replace, ana re-
pair it's lines poles, and wires over. and
along said streets and alleys, as wen as
10 maintain. construct, and operate the
same. and 10 connect its lines with new
along said streets and alleys
and the said CITY Of Richmond its agents
officers. and az others are enioined and
restrained FROM cutting, removing. or IN
any way inJuriag said lines, poles, and
wires Of the complainant company. ard
from preventing or interfering with the
exercise Of the aforesaid rights by the
exercising it's said rights. And the court
taking proceedings 10 infl!ct and enforce
fines and penalties on said COMPANY Tor
company. ana als) from
doth adiudge order aud decree. Tat the
defendant do pay 10 The complainant It's
costs in this suit incurred To- be taxed
by the clerk. and this cause IS ordered TO
be removed from the docket and placed
among the end causes, but Wi j liberty
to either party hereto on zen days no.
fice to the other to reinetqte this cause
On the docket Of this court. on motion.
for the purpose Of enforcing and speCd-
rally defining should II become neces-
sary, their respective rights under this
decree"
WHAT THE CITY ASKED. i
The city asked that the 1ocree be mo5i-
fed by inserting therein after fle words
construct and operate the same The
following words: ESQ faT as 90 receive
from and deliver TO the Western Union
Telegraph Company, messages sent from
beyond the limits Of the STATE Of Nir-
yinia. or 90 be sent beyond the said Inn
ts"' and by inserting therein after the
words interfering with the exercise Of
he aforesaid rights by The complainant
company the following words SO far
IS The reception from and delivery 10 the
n estcrn EnloC TELEGRAPH Company OF
my message Sent from beyond the limits
# the Stale N Virginia. ~ 20 be sent
,eyOnd sail limits Bu; counsel for
objected end the Court.
using the language OF rs order),
intending by said injunction To
nioin the city nom interfering
With the local business and MESSAGES
ls well as those OF an interstate Guar
lCter" refused 10 20 modify the decree
Upon appeal 70 the Circuit Court OF An
1eals f: was re.G tlat the o,aintiff came
yithir the projection arJ was entitled 20
he privilege Of the act % Congress OF
July q. 1866. and shat Inder that nc.
I had the iighy 70 construct maintain.
md operate Iose 90 telegram over and
iOng any or The Ucst roads or the United
OsID READDEN