The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-11-22
Fight on Old Telephone Com
pany Will Begin Today
PAPERS ARE PREPARED
City Seems to Have a Very
Strong Case.

order notifying the Missouri & Kansas
Telephone company 10 racate the streets
and alleys of Wichita within thirty days.
This petition of probably one hundred
typewriter pages is an open declara-
ton OF war on what is known as the
Old Telephone company. II is a very
elaborate document and contains d very
complete review Of the history Of the
case from beginning TO end, including
many exhibits" and citations Of law
relating to the issue between the tele-
phone company and the city.
About q year ago. the city becoming
tired Of arrestins telephone men for ex-
tending their service. and also becoming
tired OF cutting down poles, applied to
Judge Dale for an Injunction preventing
the local managers from putting up any
more poles and wires IN extension Of their
services. This injunction was granted.
Immediately after this the Missouri &
Kansas Telephone company applied to
United States Judge Thayer of St. Louis,
for an order restraining the city of Wich-
tia from tearing up and destroying the
telephone system At this time Judge
Thayer plainly stated that he woulc not
Interfere with the action Of the district
court, meaning thereby that so lar as
his court was concerned. it would not
interfere with the Injunction Of Judge
Dale preventing the extension of the sys-
ten service in Wichita.
Coming home from ST Louis on that
occasion the city attorney Iistered to
proposition made by the attorneys OF the /.
telephone company to t-.-- effect; that
h.
Judge Dale asking that the Injunction
be made permanent and have the case
tried before him on its merits AIr. Helm /
consented, with the understanding that .
the issue should also involve the ousting /
OF the Missouri & Kansas Telephone COM |
pany. This condition was agreed 20. 1t (
was then decided that the Missouri & |
Kansas Telephone company should fur
nish to city Attorney Helm the law and
facts upon which it relied FOR a favor
able verdict he 10 state those and to
take issue with them, in his amended
petition. This was done. and the docu-
ment 10 be presented today viii contain
e very elaborate outline Of the couten-
ton Of both sides to the controversy.
It seems from 2 casual gisnce over the
volUminous document that the Missouri
& Kansas Telephone company. I'm the
absence Of a living franchise to occupy
the streets and alleys Of Wichits. hold
that they can continue IN their possession
under law passed In 1855 and also under
a franchise given by Wichita to the Unit
ed Telephone company which the Mis- 1
souri, & Kansas Telephone company sub
sequently bought out.
The act or 1880 is as follows:
IAN Act Providing for the Formation of
Telephone Companies.
BE it Enacted by the Legislature of the
State or Kansas:
Section T. Corporations for the con-
struction and maintenance OF a telephone
line may be formed in the mode and
manner prescribed by the general laws Of
this state for the creation or private cor
porations.
Sec , All such corporations shall have
the rights ana powers conferred. and be
subject to an the liabilities and duties
imposed by the general laws of this state
upon telegraph corporations.
Sec g. This act shall take effect and
he in force from and after its publication
Gce dn the Official state paper.
The ordinance referred to Il one passed
il 1856 giving to the United Telephone
company. its successors ard assigns. the
Use Of the streets and alleys ~ Zytchita
1t seena that The Missouri :. Kansas
company bought The United Telephone
companv out brt ACCORDING ~ NJ tFs,r,
who has made tboroneb investigation,
of the matter r. is sboy,n ,,,,.,,,.-. ,,,,.
The United Telophone cornnar,- bs-snos ~
any sense . consolidated mart ~ the
present system. No record Of II was
made in the books ~ the oonnerv nor
anywhere else thar v-,rlI i,si,,+s rho
present cornoan, 70 d. = successo, a,
an assign Of fha United Tele-bon, oo.,,-
pany. As an argument to the contrary
the Missouri 4 K4osae Tsler,,,,, .,,,
panv has since n,,rcrasiog RE r-,l+sd
Telephone c7mnanv. not o-f. mo-, claimed
that ii could bo,8 ne s+ree+s and ,,,.,.s
OF Wichita as successor o.. assle, ,e
tbs United relophone conponv b,f has +
taken ort franchises on two Occasions
since. also that II brs .~-ries f-~
franchise nj the very time tbs vyt,,,ft.
Telcnbaoe cc-nrar,- ,-ri-e5 f,- 81 r~s-
chise. In addition 70 t5is arc,,r,.,l,t Ar
Helm n.i-ts o,.+ the e,ot ana, ~. ,~.si
ranc-s rh,- ---o t,s ,f.--,,,~, 4 r-,,,.,.
Talenbone r7r,pa~,- les last -o,o r-s, /
cbise. declares nil s,~---e- ,..st-,,,,- -,
pasis5 II t.ss b.,rs ,s -. +s
nance which ea.e IN, rre,cbise -, re
r-nit44 -re,snbons .,-,re,, 10 s,7 hos
hs-n dead for several ,-.o-s
The legislative ect ~ ~ Win 10 A.
tackled aS sno5as.ts,.-fo,,.l -, ~. 80,
sr-+ g.. .s+,