The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-02
WORK WAS STOPPED
Telephone Company'S Con-
struction Gang Arrested
WORKED WITHOUT PERMIT
Mayor Says Old Company
Cannot Make improvements

wm- Pedigo. foreman. and Sam Has
bit, chas- KeTer. CCyrus Paris. T. P
Beal. ". c. French and a. P. Jones.
Ilnemen Of the Missouri & Kansas Tele-
phone company. were arrested yesterday
afternoon, OF the charge OF violating a
city ordinance The first I've were ar
rested as soon as they begun work after
dinner. but were released On 500 bond
each
At ; O'Clock the men were arrested
again, with two others. The men were
setting poles IN the alley north OF Doug
las avenue, and east Of Main streets.
when the bonds Of the first men were ap-
proved ard the men turned loose They
went 70 work again. and were then ar
rested the second tine. They are simply
the representatives OF the Telephone com
Dany, ana are charged With violating
section 10 OF ordinance 1923. which says:
Any person or corporation who shall
do, or attempt 10 do. electrical construc-
ton work. whether original work or
alteration. without giving notice in writ
ing 70 the city electrician ana obtaining
permit 20 do so. shall. upon conviction
thereof. be fined il a sum not less than
ten dollars nor more than fifty dollars
for each ofEense.
As long as the Missouri & Kansas Tele-
phone company had franchise to do
business in this city. they did not have 10
get permit 70 do electrical construction
work, but that franchise has expired.
and the company has 10 right to work
IN the streets without permit Il was
stated yesterday by one OF the men con
nected with the company that they pro-
pose 10 test that ordinance and see If
they could be compelled TO quit making
improvements or rot.
The company at present have no fran
chise. and have no right 10 make any
new additions 10 what they have IN the
city. Yesterday they went ahead and
commenced work extending their lines.
and the men were promptly arrested By
the officers. They gave bail promptly
and were set ar liberty. They win be
given a hearing this morning before
Judge Stanley, and it Is probable that
their cases VIII be appealed TO the dis
trict court al once. This is the beginning
q the telephone fight. The city attOr-
ney has stated that the company has TO
right 70 place these poles in the streets,
and the mayor has issued orders TO the
policemen 70 arrest their men or sight
The company is cut OF business in this
city" said the mayor last evening, when
ne was asked how the matter stood.
This is the beginning Of the fight TO rid
the streets of the city Of the unsightly
poles and dangerous wires which are at
present forming q network over the city.
The wires are dangerous in times OF storm
OF fire and the city council. when the
franchise OF the old company expired.
asked that they put their wires under
ground and form a regular conduit sys-
TEN. This they did agree 20 do. but
would not accept the franchise with a
maximum rate clause IN it, and when the
new company. known as the Wichita
Telephone company. accepted the fran
chise which the city offered. with the
provision regarding a maximum rate.
they were granted a franchise when they
had fulfilled certain conditions. They
have complied with the conditions. and Sc
cured the franchise. The Missouri & Kan
sas company refused to meet the cOndi-
tIons OF the franchise offered. IN that
they would not tx maximum rate. Of
course. they now have 10 franchise TO 10
business II this city. and cannot legally
put Up any more wires without per
nit. Not only on account Of the exDira-
ton OF the franchise. but also on &C
count OF the new ordinance. which pro-
hfbits the setting q poles OF the string
ing Of wires IN the city limits inside OF
certain prescribed limits. The outcome
Of the aght VIII he watched with the
greatest interest BY al OF the parties
concerned. and especially by other cities
considering the telephone question