Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-11

The hight Tor telephone franchises
from the City Council ended last night
in a victory for the National. The
Representatives of the Home and Clti-
zens companies offered communlca-
lions withdrawing their ordinances,
which were promptly accepted. The
National ordinance came up in the
First Branch on it's second reading,
and was adopted with several amend
ments in which the Second Branch
unanimously concurred.
At the previous meeting, upon mo-
ton by Mr.. Waterhouse the National
ordinance was referred to the City
Solicitor for his opinion concerning
the advisabihty of Incorporating the
amendments which were suggested by
him while the ordinance was in COM
mittee stage and rejected. Solicitor
Nesbitt's reply was as follows:
'NGentlemen:-On the matter of the
National Telephone Company Ordi-
nance, which was referred to me on
March 80, l beg leave to report as fol-
lows:
THE original ordinance offered by
the National Telephone Company was
referred to me some time ago by the
committee on ordinances. The form
was unsatisfactory to me, so l drafted
another and reported it to the COM
mittee The ordinance now before
you, and which l now return with this
report is substantially the form pre-
pared by me, except as to life of fran
chise and method of replacing streets.
Life of franchise, method of replac-
ing streets, compensation, maximum
price, number of free telephones, over
head or underground system, and all
other matters of similar nature, as we'll
as the question as to whether the
franchise should be granted or not,
are economic questions for the legisla-
tive body to decided in it's discretion,
and do not affect the legality of the
ordinance as to form.
Il see no legal difficulties that are
apt to arise from the insertion of the
two additional sections marked 121a
and IA"
The communication was filed.
Mr.. Strobel presented the formal
withdrawal of the Peoples telephone
ordinance, and Mr.. Hamilton offered
the withdrawal of the Home ordin-
ance, both being acted upon favorably,
the Second Branch concurring.
The National Telephone Company's
ordinance was then taken up on it's
second reading. Mr. Waterhouse Of
fered an amendment to prevent the
opening of street for longer than
two weeks at time. Lost.
The ordinance was amended to in
crease the number of free telephones
to the city from thirty to forty-five.
Mr.. Waterhouse, at the suggestion
of Mr.. Gartley, moved to amend by
making the long distance phone men
toned in the ordinance read long dis
lance telephone with metallic circuit.
There was some discussion and Mr..
Gartley was called upon for a technical
explanation, after which Mr.. Water
house withdrew his amendment.
MIR. Strobel moved to change the
maximum price ito $50 for business
houses and SIS for residences. The
motion failed to secu1t a second. Mr..
Baird then moved to amend by max
ing the maximum prices $50 and SIS,
and Mr.. Strobel seconded the motion.
Mr.. Chew argued against the amend
ments, giving it as his opinion that the
price will be lower than the maxi
mum fixed in the ordinance because
of competition. The amendment was
lost by an overwhelming majority.
The ordinance contained a provision
against selling out to the C. D. & P.
Tel. Co, and Mr.. Strobel moved to
add cor any other telephone COM
pany." Adopted.
Mr.. Hamilton called attention to the
fact that the ordinance requires a
bond of $4,000 to complete the work,
and $4,000 to indemnify the city
against damages. He thought one Of
the bonds would be ample, and moved
an amendment, but it failed.
There being no further amendments
the ordinance was placed on it's pas
sage, and secured the unanimous vote
of the First Branch, with the excep-
ton of Messrs. Gartley and List
The Second cOncurred unanimously
in all the First Branch amendments to
the ordinance.