Hopkinsville Kentuckian., 1902-08-08

nessee company. Such a company
was granted the privilege" O
operating an exchange in Hopkins
Vile Feb. Z, 1882. For awhile il
+ did operate and then failed. On
Feb. l, 1887, the council called up
on it to appear and show cause
Why it should not have its "privi
lege" annulled. The company fail
ed to appear and July 5, 1887, four
months later, the council recited its
failure to do so and formally an
nulledand repealed its franchise by
the following ordinance:
Whereas said poles and wires
are in the way and inconvenient to
have in the city with no benefit be-
ing derived therefrom.
Therefore it is now ordained by
the Board of Council of the city of
/ Hopkinsville that said telephone
poles and wires are here declared
nuisance and the owner or owners
thereof are required to remove said
poles and wires within sixty days
from this date,
On the same page appears this:
IS. II. Turner for himself and
associates having applied to this
boardfor theEXCLUSIvE right for the
period of l5years to run andoperdte
a telephone exchange in this city,
said franchise is here granted to
said Turner upon such terms, con
dltiOns and stipulatlons a may be
agreed upon between him and this
board at It's next regular meeting,
or at a called meeting prior to the
ueXt regular meeting, but the city
nor this board is not in any way to /
be liable to said Turner in case it ]
may hereafter be determined that
this board has no legal right to
grant said franchise to said /
Turner.
One month later, after examining
into the legal aspects of the case,
the council did grant the promised
franchise, part of section read
ing as follows:
That said S. II. Turner and his
associates are hereby granted the
EXCLUSIVE right for and during the
period of IS ears from this date .
Il to operate a telephone eX-
change in said city.
It not only repealed the old fran
chse but made the new one exclu-
siye, thus destroying the last yes
tige of the rights claimed by Mr.
Wood, under the alleged
purchase from the East Tenn. Co
o years later. The Cumberland |
bought the exclusive franchise from
Furer's assigns knowing it to be |
eXclusive,a and its present claim to a
valid unlimited and unrestric cted .
franchise rests on no frmer
ground than the unsupported word .
of its own attorney,
In addition to the fact that the
Cumberland franchise no long
er exists, the further fact is proven
by the records that the Cumber-
land had forfeited its rights years
ago by collecting money for sery-
ices required to be free under the
terms of the franchise and by
charging exorbitant rates. This is
a condition of its franchise;
The owners shall not charge
higher rates for telephone service
or use of instruments than is usual
ly charged by telephone exchanges
doing good services in other cities
of like size and like number Of
phones, and the owners and op-
orators of said exchange shall fur
uish the city at police headquarters
the use of said telephone exchange
and instruments free of charge.
1t can be proven that the rates
here are higher and the service
poorer than in many cities of the
same size on the Cumberland S
lines and the city has for years
been required to pay for the use of
its phone at police headquarters,
as shown by receipted bills on file.
I Councilman Jackson pleaded for
postponement in order that the
council might act adviseNy, but
the alleged grant was hurried
through without investigation and
the city will be fortunate if the bad
advice given its councilmen, and SO
readily accepted, does not involve
the taxpayers in Expensive and
burdeusome litigation.
No wonder the people are char
acteriziug the alleged contract as
the most high-handed proceeding
ever given official countenauce in