The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-03
TELEPHONE
FIGHT ON
Special Meeting of Council
Called 10 Take Action.
SEVEN MEMBERS VOTE
To Provide Authority to Throw
Out Old System.
EXPRESSION OF VIEWS
City Attorney Helm Explains
Wednesdays Arrest.
EXPRESSION OF VIEWS

The city council held 8 special meeting
to take the preliminary steps toward re-
moving the poles. wires and other aces
SORES or utilities Of the Missouri and
kansas Telephone company. after Sep
TENDER L
There were eight counclmen present
Burton, Bellew. Davidson. Dawson. Lu-
Ing, KEENAN,. Smith and Van Duyn. For
the Telephons company. District Manager
/ Dugan. Local Manager Cole and Attorney
Charles V. Ferguson were present
On motion OF Burton the call vas 50
changed that the name OF the Missouri.
Kansas q Texas Telephone company vas
not mentioned IN it. the intent being that
I whatever action taken should not have
the appearance OF class legislation
Without comment the following resoiu-
ton was introduced by Councilman Luling
and passed almost unanimously. J. Giles
Smith being the only one voting II the
negative:
Whereas. The right Of way. granted by
the city OF Wichita TO the Missouri and
Kansas Telephone company. It's successors
and assigns 10 construct and maintain
telephone lines and all wires, poles. mains,
viaducts, cutters andman-holes along,
through. under and across any public
sreet. avenue. alley or bridge and viaduct
IN said city. as said rights and privileges
were defined and granted by ordinance
No. 1856 OF the city Of Wichita, passed
March 3, 1896. and ali rights Of said com
/ parry under said ordnance have been duly
/ terminated as provided ~ the terms OF
I said ordinance, and
Whereas. The said Missouri and Kan
/ sas Telephone company have now no right
( or authority 70 maintain and operate its
wires. poles. cables ard electrical appli-
aaces along. in. over. through. under or
+ across the public streets. alleys and pub
+ lie grounds OF said city. and
Whereas, The said Missouri and Kan
( sas Telephone company Is now occupying
the public streets and alleys OF said city.
with its wires. poles and cables aud is
threatening to extend its telephone svs-
tenn by erecting additional poles and
stringing its wires and cables over and
along the streets. alleys and public places
IN saic city, without authority; thar said
poles ard wires are a hindrance 70 the
fire department Of said city and a men
ace 10 the safety OF the lives and prop
erty Of said city; therefore be il
Resolved. By the mayor and council
men Of the city Of Wichita that the city
clerk notify said company in writing that
it Is forbidden by said civ. TO erect arg
additional poles or TO string. any adj
ditional wires OF cables along. over or
/ through the streets, alleys or public places
"a assr .
shan apply for and obtain from said city
the right 10 maintain its said wires poles.
fixtures and electrical appliances along
the streets. alleys and public places Of
said city. upon such terms and conii-
lions ss the mayor and councilmen may,
by ordinance. require and impose on or
before tho first day OF September. 1872;
that the chief OF police, FIRE marshal and
city electrician be and they are. hereby
directed to removs All the poles. wires.
fixtures ard electrical appliances Of the
said Missouri ard Kansas Telephone COM
pany from the streets and public places
in said city. that the city attorney and
judiciary committee prepare and submit
&c the council. at its next meeting the
necessary ordnance or ordinances. Tor
carrying the provisions OF this rescIu-
ton into effect. with suitable penalties
Tor the violation thereof"
Al q tournament was Immediately taken.
The members then gathered IN a group
around City Attorney Helm and said what
they had intended 70 say II the resoIu-
ton had called forth any discussioE- Mr..
Helm said that the claim that the Trss-
ent telephone company could not repair
wires and give their patrons the usual ac-
commodatioas vas all rot He said that
the arrests were made wednesday Tot BE-
cause the comFa1y were repairing wires.
but because they were doing Il contrary-
n the ordnance which provides thai they
must take out 4 permit % d T. TT IS"
he said. Il question ~ whether The Tel
ephone company shall respect the crdi-
nances % this city.
Councilman Lulinz was especially
strone in his language. Re Sid that Il
vas 3 Question. OF the Missouri. Kansas
4 Texas Telephone company riding rough
shed over che rights eI ten thousand
wichita tax PAYERS. lie said Il was also
Z question II whether Wichita votid
stand by ard protest the franchise q rad
given another company after The Missouri
ard Kansas Telepho-1 company n1Vl1s
been rlelclv offered that sar1e franchise
ana refused e. He said that tEs city
oogncE ia this instance would prove thar
y1ehita has rights thac tne corporation
must respect Near5y an the crher rem
hers spoke IN a similar vein
me rsprosenfativss * the TesE7Ec1e
company did not participate IN TIE dis
c1ssiou-
Al q the couac.lrusn expressed a aLs-
position Il ae flir wl,h TIE Misso'-ri a-,s
kansas rsisphoue company. rrsV1ded
nv world bs rsas1nstl- ard Jess dlcta-
to-lai IL their afsitl6e - zee matter IL