Omaha daily bee., 1902-06-17
KILLS PHONE FRANCHISE
Ordinance Laid on the Table at the Meeting
of the City Council.
COMPANY REFUSES TO ACCEPT TERMS
Amended So as TO Provide Lower
Rates and Require a Deposit
from Company of Five .
Thousand Dollars.

The ordinance granting a franchise to the
Council Bluffs Independent Telephone COM
pany was laid on the table at the meeting
Of the city council last night after At
torney Emmett FINLEY on behalf Of the com
pany had declined to accept II In the state
in which the aldermen decided that It ought
to be submitted to the people of the city
for their approval. In declining to accept
the ordinance Mr.. FINLEY asserted that he
would be operating an independent tele-
phone system in Council Bluffs in a year
and that he would go before the people with
an ordinance which he was sure would meet
with their approval. In substance Mr.. Tin
lev stated that he would draft an ordinance
which he would submit to the people at
a special election without referring 1t first
to the city council. The law provides a
means whereby the question Of granting
franchises can be submitted to a vote Of the
people first without the consent Of the city
council.
The ordinance as redrafted by City So
licitor Snyder was passed on suspension OF
the rules to its second reading WIN IN AL
derman Huber moved to amend 1t by sub
stituting the rates offered In the ordinance
submitted by the Interstate company
through Vic Stevens Of Dubuque. Huber's
motion was promptly seconded by Alder
man Olson and on being put to the vote
carried, Alderman Huber, Fleming, Lovett,
Olson and Mcdonald voting for 1t and AL
derman Casper, Lougee and Tinley against
It..
Aldermen Are Suspicious.
This action on the part Of the council
relative to the rates was not unlocked for,
as it was no secret that several of the aid
ermen had their suspicious regarding the
retirement of Mr.. Stevens from the field and
giving way to the local company. 1t was
known that more than one alderman had Gx-
pressed the opinion that Il appeared to him
to be another case of The so-called "merg-
ing of the two street railway systems,
the history Of which Is still fresh in the
minds of the people Of Council Bluffs.
Alderman Casper protested against the
substitution of these rates on the grounds
that he was sure it would kill the ordinance
and prevent It's acceptance by the local
company.
Mr.. FINLEY, on being called upon, stated
no could not accept the ordinance, as
his company could not possibly operate
successfully under such low rates. He also
stated that another reason why he could
not accept the ordinance was the clause
providing for the depositing OF a 5000
forfeit.
Alderman Lougee took occasion to explain
his vote and to deny the alleged reported
statement that 1t was owing to his placing
obstacles In the way of the passage of this
ordinance that Mr.. Stevens had decided to
leave the field. He went into a lot Of de-
tails of inside history of the telephone
fight and asserted that he had knowledge
that Mr.. Stevens Intended to build his
system on borrowed money, II he built at
all hut added that hp had very RariOuS
doubts II he would ever have built under
the ordinance II 1t had been passed. He
said further that he did not believe that
proper service could be given under the
rates offered by Mr.. Stevens, and for that
reason he voted for the rates proposed in
the local company's ordinance.
Attorney Wadsworth presented a commu-
~nication from the Interstate company, ask
ing to withdraw it's ordinance, as II could
not accept 1t now even II it was approved.
The ordinance was ordered laid on the table
and the certified check for $500, which
the company had deposited for election ex-
penses, was returned to Mr.. Stevens.
This disposed of the Independent tele-
phone matter for the time being and the
aldermen are now breathing somewhat
freer.
At the request OF Attorneys Llndt and
MINISTER the personal injury damage claim
Of Henry Lock was referred to the judi
clary committee for Investigation. over a
year ago this claim, originally for 5000,
was brought before the committee of the
whole by Lindt and MINISTER and a So
called compromise effected whereby the city
agreed to accept judgment for $4,000. Judg-
ment was entered against the city for this
sum, but Mayor Jennings vetoed this ac-
ton OF the council and the city solicitor
was instructed to file a motion to dismiss
the Judgment. This was done, but the mo-
tion has never been argued.
The ladies Of the Congregational church
will give a lawn social this evening at the
residence of Rev. Thompson, 10 South
Sixth street. Ice cream and cake from z
to 10 o'clock.