The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-28
WILL BE HEARD
IN WICHITA
Final Hearing of Telephone
Injunction Case to be Sept. 10
BEFORE JUDGE THAYER
Temporary Restraining Order
Granted in Modified Form.

The final hearing of the injunction
asked by the Missouri and Kansas Tel
ephone company against the city Of Wich-
tia and her officials viii be before Judge
Tbaver Of the United States circuit court
in this city on September Is. The pre-
liminary hearing was. held Tuesday and
in chambers Judge Thayer granted the
Injunction in a modified form, as stated
in the Eagle Although the injunction
was granted against the city it also re-
strains the company from building new
lines. but the city must not arrest the
employees for doing their work. City At
forney Helm made a special request that
the case be heard in this city and Judge
Thayer granted 1t.
The text Of the order granting an in
Junction until September 10 is as follows:
"On this, the 18th DAY Of August. 1862,
this cause comes on for hearing before
the Honorable Amos NJ. Thayer, judge
Of the said court, at his chambers in
the city OF St. Louis, on the application
of the complainants for . restraining
order as prayed for In the bin filed
herein, the compliments beng present
by r. F. Roselle, Lucien Baker and P
r. Vermilion, their solicitors, and the
defendant being present by A Z. Helm,
its solicitor, and said application being
submitted TO the court and the court
being fully advised in the premises.
1T Is Ordered and Adjudged, that the
application of the complainant be and
the same is hereby granted in so Iar
as It seeks 70 restrain the defendant,
fits officers, agents, servants, employees
and licenses from in any manner de-
stroy1ng or interfering with the use and
operation Of the property IF The Missouri
and Kansas Telephone company, situated
within the city of Wichita and state CT
Kansas. and from IN any manner pre-
venting the said Missouri end Kansas
Telephone company, its agents, servants,
and employees, from operating and main
taining said telephone plant and all prop
erty now connected Herewith and max
ing repairs thereon and from causing the
officers. agents and employees of the said
Missouri and Kansas Telephone company
to be arrested and prosecuted for using
operating and maintaining and repairing
the property now connected with the
said telephone plant in said city.
And It Is Hereby Ordered and Adj
Judged, that the said defendant, the city
Of Wichita. its officers, agents, servants,
employees and licenses and all other per
sons acting under or by the directions
OF said city. its officers, agents, en-
ployes or licenses from in any manner
destroying the property of the said Mis-
souri, and Kansas Telephone company, OF
Interfering or hindering the said Mis-
souri, and Kansas Telephone company
its officers. agents. servants and en-
ployes from using. operating and main
tanning the said telephone plant, so sit
uated in the city Of Wichita, and its
poles. wires, switchboards. and all IN
struments connected Herewith and from
hindering or preventing the making Of
repairs thereon.
And It Is Ordered and Adjudged, thai
the said city OF Wichita. its officers en-
pIoves. agents and licensees be and they
are hereby restrained from arresting O.
prosecuting OF causing to be arrested u
prosecuted, the officers. agents. employs
or servants of the said Missouri an
Kansas Telephone company from using
operating maintaining and repairing til
same or for changing existing telephones
now installed in said city from wher'
they may now or hereafter be situated
TO some other locality for the use Of th'
same patron.
1T Is Further Ordered. that the de
PENDANT, on or before the 2lth day o
September. 1902. flo is answer TO tn
bill Of complaint he-sin. and also file il
motion TO dissolve and set aside thi
order, and that said motion be heard h,
this court OF the fudge Thereof ate
I'VE days notice in writing of the tim
and place Of such hearing, TO the solicitor
for compliments.
1T Is Further Ordered that during sal
time and until The hearing Of such mo
ton, that the status of his contr7vers
shall remain uniwpaired.
AMOS NJ THAYES,
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