Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-12-02
CITY COUNCIL
SUSTA|NS ITSELF.
Passes Home Telephone Franchise
Over Mayors Veto.
VOTE WAS Ten TO FIVE
Council chamber Filled with hep-
resentative Body OF Citizens-
Other business.

The council last night sustained Its
former action in granting a franchise
to the Utah Home Telephone company,
Notwithstanding the mayors veto, by
vote Of 10 to 5,just the necessary two
thirds required 20 pass 1t over the veto.
The fight was prolonged and at times
bitter. Every possible objection that
could be raised to the franchise was
brought UP by the councllmen VINO
opposed II, but after every councilman
who desired had argued on the mat
ter a vote was taken which resulted
In the defeat OF the opposition. Ihose
who voted In favor OF passing me nan
chise over the mayors veto are ar
mold, Black, 10. II. DAVIS, Iaruley'
Fernstrom, Robinson, Spence, Ihonlas'
Tuddenham and Cottfell. Those VINO
voted against II are: Dayeler a. D.
Davis, Hewlett, Sharp and Vigus'
Rarely has the council chamDer
held such representative BODY OF cru
Gems as assembled last evening TO listen
to the arguments on the proposluoh'
Bankers merchants, lawyers MINING
men, clerks and even the genteT sex
were In evidence. The Rocky NOUN
tain Bell Telephone company was rep
resented by its president George T.
Wallace. and general manager, u. o.
Murray, The home companys aeie-
CATION was headed by Gov. Wells John
Henry Smith, s. F. Fenton H. y. Jones
and George T. odell. Among the other
prominent citizens present We're, MAJ
Downey, David Keith, Judge W. H.
King. Il. A. Druehl, J. T. Clasbey'Judge
o. W. Powers, p. l.. Williams ana W.
H. Brown,
MINORITY REPORT
The matter was brought before tne
council by the reading Of the mayor
veto. Before the discussion was COM
menced A. J. Davis asked permission 10
read a minority report on the franchlse'
prepared by himself and Vigus, the re-
port contained the personal inyestlsa-
lions OF the two councllmen IN num-
Der of cities which have two telephone
systems and which had proved unsuco
cessful. Mr.. Davis said that out OF 20
cities investigated, not one recommend
ed two systems. He said that vi per
cent OF the independent companies had
been sold TO parties who were not IN
terested in the original franchise and
great many had failed financially. he
maintained that the rates In this city
were not exorbitant, as the average
rate is only s37 per year. He said that
Mr.. Fenton had attempted to negotiate
a loan in Nebraska for the new com
uany. but was unable 20 do so and had
lt.. ,tff N
a young attorney, to make the deal
through the secretary OF state.
Fernstrom objected TO the latter
statement, because he thought II was
an insult TO refer to people who DO not
own large blocks OF stock as mere iig-
ureheads. Davis demanded that Fern
strom take his seat and not interrupt
him again during his argument lie
then resumed his speech.
vigus then secured the floor and told
of his Investigations in eastern cities
and argued In favor Of sustaining the
mayors veto.
THE MATTER DISCUSSED.
He was followed by Fernstrom who
stated that he could not understand
how a man who had spent 10 days in
the east on mining deal could investi-
gate 20 telephone systems. Just be-
cause other independent companies had
failed was no reason why this one
should do so. He thought that the
council should encourage all new en-
terprises and had no right TO say that
certain companies shall not do business
here. He had investigated the two sys-
TENS IN Stockholm, his former home,
and was OF the opinion that II was 1000
times better than the system here. In
closing he urged the council 10 sustain
its former action, because he thought
the mayor was just as far of this time
as he had been on the pumping plant
and other matters.
Daveler was the next speaker. He
said that Mr.. Fernstrom's inyestiga-
tions had been made in Stockholm.
yes SIR" shouted Fernstrom, "and
It's Just as good as from Ohio
Daveler then proceeded with his ar
gument and cited the constitution Of
this state. which required all foreign
to file a certified copy OF
Its articles of Incorporation and by
laws with the secretary Of state before
II could do business IN the state. He
also cited q case from the supreme
court touching on the legal status OF !
such interpretations. He then produced |
certificates from Secretary OF State |
Hammond and County Clerk James |
showing that the Utah Home Telephone |
had not, up TO o'clock yester-
day afternoon, complied with the laws
Of this state and had not filed its arti-
,les or Incorporation. He argued that
the council had no right TO give a fran
rhise 10 a corporation which is not In
existence In this state. II there are
objections 20 the present system he
thought the proper way 70 handle the
matter would be to compel the COM
pany, by penalties, TO charge a reason.
able rate and 10 give better service
Thomas stated that no one disputed
The law as laid down by Daveler, but
they did dispute its applicability. When
You pass the franchise and give the
a chance 10 come here and
10 business, then II viii file us articles.
but IL Is not going to spend $3.50 In
and filing its articles and
hen be turned down by the council
md have 10 lose that money. The MI
nority report, he said. cited failures.
but that makes no difference because
here are failures In every avenue OF
business In regard to straw" incor-
'orators, he said that the Malad Val
ey Railroad company recently incor-
'orated In this city for t2.OO0O0o. He
was positive that the incorp0rators
'opld not put up that amount Of money
lut he was more positive that the road
would be built at any rate. He said
hat he had Investigated the indepen-
lent system 40 Boise and the people
here were greatly pleased With H. He
urged that the veto be not sustained
Eardley and Robinson argued IN favor
n the franchise and Hewlett and Sharp
against g. Fernstrom wanted to hear
rom Governor Wells as 10 whether or
1ot the new company would Immediate
y file It's articles ~ the franchise were
GRANTED Robinson objected for The rca-
'on that IL would also be necessary TO
'rant the Bell Telephone company o
hearing TOO, so a vote was then taken.
upon motion Of Sharp. resulting as
given above.
WANTS $500 DAMAGES.
John r HoWel1e ms In q cfat,, 80 a., 1