The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-05
LOOKS LIKE A FIGHT
NORTHWEsTERN TELEPHONE Ex-
CHANGE RESENTS LIMITATIONS
FIXED By COUNCIL
SAME BASIS AS ITS RIVAL

1t Is COntended by the Northwest
ern Company That to Accept the
Conditions Imposed by the COun-
ell on Its Applications for New
Pole Lines Would BE to Admit
That Its Charter Is Void.
The issue between the city council and
the Northwestern Telephone company. as
to whether the company has a franchise
under which it can put up new pole lines
and construct conduits, was discussed be-
fora the assembly committee on streets
yesterday. The committee held to the
opinion, given by the corporation attor-
ney's office, that application Of the tele-
phone company asking for permission to
erect pole lines on streets not now oc-
cupied by 1t was In the nature of new
grants, and therefore the council might
require the compliance Of certain reason
able restrictions and conditions After q
discussion the matter was referred TO AS
semblyman Albrecht and the corporation
attorney with instructions to present to
the assembly Thursday night a PROPOSE
ton which would allow the company tha
use OF streets not now occupied, but for
which application had been made. on the
same terms as those granted to the Mis-
sissippi Valley Telephone company
L. d. OBrien, representing the tele-
phone company. said the corporation was
doing business under a general franchise
granted In 1880. 1t recognized the right of
the council to regulate how the lines
should be built, but denied that the coun-
ell had the right to refuse to allow the
company to carry on its business. If the
council, or the committee, took the posi-
he
the CITY, then the question could be set
tied elsewhere. The company was willing
TO do as the council suggested, but Il
would not have It's property and
business confscated. If the council was
determined that the company had no
franchise, and would not grant any ap-
p1catfon for the use Of streets. not now
occupied. until a new franchise was Sc
cured, then the matter would have to be
settled in the courts. The city had grant
ed the company rights under a general
ordinance to do business in st. Paul, and
the state, through its legislature had
also granted rights In the state The
company was common carrier and car
r1ed on local, state and interstate bust
ness. large amount of money had baar
spent by TIE company, and the city was
indirectly benefited by the system of the
company and directly benefited by having
It's police and fire alarm wires carried
on the poles and In the conduits of the
company. The company had the right,
uIoer us grants, to erect poles and string
wires, providing the streets We're not OBJ
structed The city could regulate the
business, but not prohibit It.
Assistant Corporation Attorney Grfees
INFORMED the committee that, under an
ordnance passed in June 1894 the coun-
Gil mad the right and was given the power
10 Irst approve of any line of poles or
hn
put IN. One Of the provisions of this or
dlnance was that the company should be
SUBJECT to any ordinance the city might
pass The original ordinance passed in
1851 gave the company the right to erect
poles on streets after the application had
peen approved by the city engineer. but
th!s' Mr.. Grtggs stated, was void from
the TACT that the council had not the right
to delegate this power to the city en-
gineer Any application by the company
TO put poles on streets not already occu-
pea was a new grant of power and the
council had the right to impose reason
able restrictions with the grant
MT Albrecht suggested that the dozen
or so applications made by the company
be granted on the conditions which were
imposed on the Mississippi Valley Tele-
phone company. Mr.. O'Brien said the
company would not agree to any such re-
strictions, for that would be the same as
admitting that the company had no fran
chise. Some one inquired how long 1t
would take the courts to settle the uues-
ton, and Mr.. O'Brien replied that if the
case did not go to the United States SUI
preme court a decision might be had by
next April.
City Engineer Claussen submitted a
map showing the poles and conduits of
the Northwestern company in the city.
He did not know how many of the poles
were put up under the ordinances or. res
olutiOns Of the council, but had referred
the matter to the corporation attorney,
who was to examine the council proceed
fngs and submit a report on this ques-
ton. He suggested that the companies
having poles in the city should be re-
quired to have them painted different
colors and numbered, so much trouble IN
fixing the ownership would be avoided
The police alarm Specifications will be
taken up at an adjourned meeting to be
held tomorrow afternoon at o'clock