Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-11
WA. WEDNESDAY. SEPTEMBER IL. 1901

ldefnition of highway as defined in our
statute unless such construction would
be inconsistent with the manifest intent
of the general assembly or repugnant to
the context of the statute In order to
determine whether or not this construc-
tion would be inconsistent with the
manifest intent of: the general assembly
| 1t is perhaps necessary to consider
something Of the situation at the time
of the passage of the law including tele-
phone lines in the section. There had
long been in existence q statute pro-
viding for the use. of the public high
ways for telegraph lines. But the Nine
teenth general assembly, chapter 154,
which took effect on March 16 1882, in
cluded in the same section the word
telephones Manifestly it was the in
tent of the legislature to give to the
telephone lines the same rights held and
exercised by the telegraph companies. 1t
Is matter of common knowledge that
at the time the telegraph lines of this
state We're principally upon the rights
| os-way of railroads, and that they came
Into the cities and passed thru the cities
over those rights-of-way. At the time
OF the Including in this provision OF the
word telephone. towit, 1882 it is mat
ter OF common knowledge that the tele-
phone systems were confined almost ex-
clusively to the cities, and that but few,
If any, interurban system had been es-
tablished in this state. But it is we'll
known that at that time the telephone
companies were beginning the extern
sion of their lines so as to connect cities,
and in order to do this it was necessary
that they should have the right to con-
struct their lines along the public high
ways of the state, or that 1t would be
necessary for them to purchase their
right-of-way. And in determining the
legislative intent it is proper and neces-
sary to keep in mind the benefits sought
to be extended by the act in question. 1t
certainly can hardly be fairly said that
the legislature was simply intending, as
Is contended for by counsel for the de-
fendant, to give telephone companies
the right to use the public streets. This
right they already had. or exercised. in
most of the principal cities of the state
at that time. What the telephone COM
panies were evidently seeking and what
the legislature was intending to grant
was the right of thespublic highways so
that the cities might be Connected"
The case is one brought to oust the
Iowa Telephone Company from the
streets of Des Moines. The company is
a part of the Bell system, the old COM
pany doing business in this city, and it
is entirely without franchise and has
peen for several years. A mutual COM
pany was organized and now has the
most of the business. If the decision
stands the old company will have to pull
iout and quit business. The company
claimed the right to occupy the streets
without franchise under the statutes
grating a right to the use of the high
ways. This contention would have
made all franchises in the state Of no
use Any company could go into any.
city and do business without asking the
consent of any one. The.decision is
therefore. one of more than local inter-
est. Judge Prouty merely took the com
,nson-sense view of the matter and de-
'cided it against entrenched monopoly.
There is move on foot to have an
o.her state convention called The fu-
sion populists are in this deal. While
lhey got what they wanted in the mat
ter OF platform at the state convention
OF the democrats and controlled the con-
Vention completely, yet they do not like
the ticket named and are said to be all
most in frame of mind to call another
convention and put up another populist
ticket. If this is done some of the lead
ers VIII also go to Kansas City next
week and join in the general movement
to unite all the minor parties founded ON
the nat money idea in some of its
phases. The democrats have not opened
.headauarters as yet. The republican
state committee today sent out the poI,
BOOKS to the county chairmen for them
TO have made careful canvass of tine
various counties to the end that the or
ganization Will be made perfect. All the
preliminary work is being gone over
carefully and the committee will not
permit anything to get away. The re-
sponse to their requests for volunteers
IN the list of speakers has been highly
encouraging and 1t is now evident that
the committee will have no trouble in
securing all the speakers desired.
number of Iowa speakers will be called
to other states, but there is a sufficient
number left to supply the demands of
the state.