Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1901-10-25
INJUNCTION, D|SSOLV V'ED
| City Wins the First Round in. Legal Battle
With Rocky Mountain Bell Tele-
phone Company
THE CITY MAY REGULATE
Judge Frank Henry Says the City Has
Some Rights, According to
the Statutes.

Judge Frank Henry rendered his de
cision at Livingston last Saturday rela=
tive to the Injunction proceedings where
in the Rocky Mountain Bell Telephone
company was plaintiff and the city Of
Red Lodge was defendant. his decision
dissolved the order Of Injunction. which
compels the telephone company to cease
all operation in the city of Red Lodge.
Attorneys Bailey and Picrson of this
city at the hearing Of the case at Living
ston Wednesday Of last week prayed
that the injunction, which had previously
been granted be dissolved and i'll support
Of their motion quoted sections Of
the political code which grants to city
and town councils the right to regulate
in the streets and alleys of the city or
town.
Judge Henry did not make any state
ment Of his reasons for the decision at
UllC lllll6 IG IGIlllGlta ~. DuL lIN COuAGISit-
ton with a newspaper reporter later he
outlined the reason for his course. He
stated that it was his belief that the city
had right to control its streets and al
leys by ordinances and that the court is
without power to set aside the ordinance.
/ The city, according to the statutes, may
regulate the manner Of erecting poles
in streets and alleys and may dictate
where and how they must be erected.
The company sought to deny this right
and wanted an INDUCTION made perpetual,
running against the city officials and
forbidding them to interfere in the work
Of the company. This position Judge
Henry thought nnsound.
II am inclined to doubt whether in
junction is the proper remedy in this in
stance said Judge Henry. In my
opinion the proper manner for the com
pany to get at the question would be to
apply to the council for instructions as
to the manner of erecting their poles and
wires and in case the city refuses to do
anything il the premises it would then
lie within the rights Of the company to
apply for a mandamus to compel the
city officials to allow their men to erect
poles and to point out the places where
they should be erected.
The city officials upon receipt of in
formation from Livingston that the in
,,rl
ately notified the Rocky Mountain Bell
Telephone company's representative
here, Mr.. Raines, to remove the poles
from the street and fill up the holes.
After waiting 36 hours for him to do SO,
which he failed to do the city marshal
had the poles removed and the holes
filled.
AS there has been some talk about the
city officials being brought up at the
December term Of district court on the
charge Of contempt an interview was
had with Attorney Pierson one of the
attorneys for the city, who advised the
arrest of the telephone men after the
temporary restraining order was issued
Mr.. Pierson states that the city officials
prosecuted the employees Of the Rocky
Mountain Bell Telephone company for
violating ordinances Of the city Of Red
Lodge and the restraining order did not
command the city officials to desst from
enforcing its ordinances by arrest and
fine or imprisonment, and the city otfici-
ais did not violate the restraining order
GEORGE taft ADJUDGED A BANKRUPT.
Total Liabilities Are sS,lo4.4S; Total Assets