The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-24
TELEPHONE
SUIT FILED
Bell Company Applies for in
junction Against City
CITY NOT TO INTERFERE
Petition Was Filed in Federal
Court Yesterday.
CITY NOT TO INTERFERE

Late esterday afternoon, in the United
States district court. the Missouri and
Kansas Telephone company brought suit
asking for an injunction against the city
of Wichita and praying that the officials
Of Wichita be prevented from iniuring
the property Of the telephone company or
interfering with its maintenance and op-
GRAFTON and extension.
The suit is brought in the circuit court
OF the United States for the district of
Kansas, second division. and is entitled
old Colony Trust Company and Charles
!. hubbard versus the City Of Wichita. 3"
1t IS brought at this time because the
city has ordered the old company to va
cate the streets by September 1 next
The case VIII be heard before Judge
Ihayer OF the United States court OF ap-
peals in St Louis next Tuesday. The
Old Colony Trust company holds as trus-
tee the bonds issued by the old telephone
company. Mr. Hubbard is Of kansas
City and is included in the suit 10 comply
with a provision Of the Missouri statutes
respecting resident stockholders.
The complaint reeites a complete his
tory of the company and contends that il
exists in Wichita under the right OF an
ordinance and also under the laws Of
Kansas. 1t prays rot only for a writ Of
injunction. but also a writ OF subpoena
commanding Wichita TO appear and ans
wer the bill OF complaint. and abide by
and perOrm such order and decree in the
premises as The court may think proper.
The counsel for the complaint are F. F.
ROzzel, Lucien Baker. c. V. Ferguson.
johnson, Clapp & Underwood R. r. Yer
million and Robert & Clapp.
The bill contains nearly 10000 words and
is an exhaustive document A complete
record Of the original company, it's merg-
ings and bond obligations is gwen. After
that record comes description of the
property OF the company in Wichita
The bill says the plant here has en-
braced upwards OF twenty-fOur hundred
telephones erected upon and along the
streets and alleys" supporting more than
Elk hundred miles of telephone wire and
furnishing telephone service to more than
one thousand telephone users in the city.
Recital is also made OF the phones which
arc furnished free to the city and the
The bill says the company offered to
put the wires under ground, and is now
willing and ready to comply with all rea-
Bonable requirements OF said city in
placing its overhead wires in under
ground conduits." No mention is made
Of the point of maximum rates. The
bill then tells how another ordinance was
passed. October ., 1881. giving rights to
the new telephone company; how on De-
cernber %. 1901, the mayor served notice
on the Missouri and Kansas company
not 10 erect any more poles and how az
terward on January 2. 1902, the council
passed a resolution for an ordinance for
bidding additional poles or wires: how
afterwards, on January &. 1907 the council
passed an ordinance, or pretended ordi-
nance" prohibiting the Missouri and
Kansas company from erecting and main
tanning poles and providing penalty for
the violation of the ordinance.
This ordinance. it VIII be remembered,
provided that no corporation could erect
poles for telephone wires unless the own
ers or users Of such poles hrst obtained
from the mayor and c0uncilmen OF the
city the privilege OF erecting them. And
IN this provision, which is the immediate
cause Of the suit now filed. was included:
ANY person, firm or corporation owning
any telephone poles now erected in any
street or alley of said city. failing 10 OBJ
tain the privilege mentioned in section ,
of this ordinance, shall Immediately after
the first day Of September. 1892. remove
all such poles from the streets and alleys
Of said city and restore said streets and
alleys to their former condition..
Then the petition continues as follows:
Your orators further show that after
enachng said ordinance, or pretended or
dinance. last above mentioned, the Off
GERS of said city proceeded 10 arrest, and