Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-05-23
CITY WINS HER CASE,
Supreme Court Decides Bell 1e|e-
phone Case in Her Favor
THE VICTORY IS COMPLETE,
Decisions Of Judge Gofl and Circuit
Court of Appeals Reversed.
THE EFFECT OF THE DECISION.
The Company Can Only Continue to
Do business Here Under the Gene
raj Ordinance and Subject to the
=.
Councils Regulations.
THE EFFECT OF THE DECISION.

After nearly three years of litigation In
the United States Capitalization in
which the city of Richmond has until now
been defeated at every turn-the Supreme
Court of the United States has reversed
the decisions of the courts below, and the
Bell Telephone Company must now defer
to the City Council The end is not yet,
however for the case has been remanded
to the Circuit Court. with instructions to
ascertain what rights the Bell Telephone
Company enjoys under the laws of the
State Of Virginia and the ordinances OF
the city of Richmond.
The main point in the decision Of the
Supreme Court, which was delivered by
Mr. Justice Harlan, is that the terms,
telephone" and telegraph" are not
synonymous, and that inasmuch as Bells
| telephone was unknown until 1916, the
act of Congress passed in 1866 making
! special concessions to telegraph compa-
| MES, could not have had any reference TO
I telephone companies. The court was I'M
willing to rest its decision upon an i'm
| piled definition.
EFFECT OF THE DECISION.
City-Attorney Pollard, when asked yes
terday afternoon what the practical eff
| fects of the decision would be, said the
company will now be compelled TO defer
TO the city Council in every respect. They
| can only continue TO operate their system
| here under the general telephone ordl-
| nance. and will have to put their wires
in underground conduits, or allow other
wires to be strung upon their poles. Fur
| Their than this, the decision gives the con-
| troll of the streets and all sys TO the city,
| and 10 poles can be erected or sire Is or
| alleys used without the consent Of the
| Council.
President John c. Robertson. of the
| Richmond Telephone Company, is OF Inc
opinion that the decision will be more
| far-reaching, and that 1t Is tantamOuht
| TO q notice To quit
| Mr.. Hunt Shipley, the resident manager
| of the Southern Bell Telephone Company
| said he could give no idea Of the effect
| Of the decision upon his company. He
was completely in the dark as 10 the in
tentons Of the principals Messrs. STILES
! &, Holiday, who have represented the
Bell Telephone Company throughout this
| LITIGATION, are both in Washington as
also is Captain Alexander Guigon, coun-
sci for the Richmond Telephone Com
| panv
During the two years and seven months
that the suit has been pending IN the
| United States courts the Council Of this
| city has been strictly non-committal. The
| annual tender of taxes made by me old
company has been regularly refused, ara
all applications for permission 70 erect
poles have been filed without any acticn
being taken.
HOW THE LITIGATION AROSE.
The controversy between the city and
| the Bell Telephone Company dates back
! TO the year 1891, when the Council passed
q General ordinance providing for the Joint
use of the telegraph poles erected il the
| city The object Of this legislation was
! TO stop the multiplication OF poles upon
the streets. The measure was strongly
opposed by the representatives OF NE
Bell Telephone Company, but there was
no open rupture until the passage of the
conduit ordinances in 1891 The company
refused TO accept a franchise subject TO
the provisions and requirements OF Inc
| two general ordinances as TO poles ana
conduits; whereupon the COunch III De-
| cember. 1894 adopted an ordinance re-
vokine the company's franchise after
twelve months notice.
In October. 1896 the Bell Company APP
piled for and were granted very 1ar-
| reaching Injunction order by Judge Hol'
i'm the United States Circuit court re-
straining the city from attempting 10
enforce these regulations When the
suit was argued the Injunction was made
perpetual. thus placing the city at the
mercy of the company and taking the
streets and alleys out of her control as
far as telephone and telegraph companies
| were concerned.
The case was carried by the city to
the United States Circuit Court or APP
| meals. where Judges Simonton, BaWley'
and Purnell practically affirmed the de-
cision of Judge Goff, only MODIFYING IL III
| uniuportant details. From TINS decision
of the Circuit Court the city again APP
naaled 10 the Supreme Court or the
United States. where the case was argued
Inv City-Attorney II. r. Pollard and eX-
! Citv Attorney c. V. Meredith, the latter
having been retained by the city as spe-
cia1 counsel. in view Of the fact that ne
had carried the case through the courts
M 10 this point. Messrs. Stiles & Hollo-
dav and Mr. Hill Garter appeared for the
telephone company.
THE SUPREME COURT DECISION
A special to the Dispatch from WASH
| ineton gives quite full history OF the
case. which is covered above, ana the
essential parts of Justice Harlans opln-
| ion 1t says: 80,
The city OF Richmond gained a signai
and decisive victory over the Southern
Rel Telephone and Telegraph Company
In the Supreme Court to-day. Justice
Harlan delivered the opinion OF the court
which reverses the decree of the Circuit
Court of Appeals affirming with modif-
| cations the decree of the Circuit Court.
| and the cause is remanded with directions
| for such further proceedings in the CIR
| emit Court as may be in conformity with
the principles OF this opinion and consis-
tent with law. The opinion Is elaborate
and voluminous. and will not be ready for
delivery and publication for several days.
Justice Harlan reviews the entire pro-
! ceedings. and says the principal question
| in the case is whether the Circuit Court
| and the Circuit Court of Appeals erred
in holding that the appellee was entitled
| 10 claim the benefit OF the provisions OF
| the act of Congress, approved July "a,
1866. entitled IAN act TO aid in the con-
struction OF telegraph linen and TO secure
10 the government the use OF the same
for postal, military, and other purposes
"This act granted right Of way to teie-
graph companies along any military or
l INIT