The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-24

cure and keeps the promise.
; repeatedly cause TO be arrested, all the
hnemen and other employees Of said Mis-
souri, and Kansas Telephone company.
whenever and so often as they attempted
to erect, repair or renew any peles OF
string, repair, or renew any telephone
wires in said city, and for no other offense
than that such acts were a violation Of
said ordinance.
And or the purpose humiliating said
telephone nnemen and employees the Off
GERS Of said city, after placing them under
arrest. declared that they would. and did,
treat them the said linemen and employees
like common criminals and refused TO
accept any bond for their release or ap-
pearance until they. the officers of said
city, had searched the said linemen and
employees and locked them in cells of the
city Jail in said city with criminals and
drunken men. And the said city, its Off
GERS. agents. servants and employees now
threaten and declare that they viii ARE r.
or cause to be arrested any and all line
men and other officers, employees and
agents Of the said Missouri and Kansas
Telephone company who shall In any
way or at any time attempt to erect, re-
new or repair any OF the poles or wires
upon or along the streets Of said city.
( That said arrests and threatened ar
rests OF said linemen and employees of the
said Missouri and Kansas Telephone com
pany have been and are being made for
the wrongful and unlawful purpose Of
preventing persons from working for
oil In -
maintenance, renewal and extension of
it's plant or any portion thereof in said
city. and to destroy the value Of said tel
ephone plant and compel subscribers re-
ceiving service from said company in said
city to cancel their contracts, well know
ing that said plant and your orators Sc
curity thereon would be almost wholly
destroyed by even a temporary Interrupt
ton of the opera ton of said plant; for by
such interruption the subscribers and pa
irons of said plant in said city would be-
come alienated and service rendered value
less.
And your orators further show that
during the month of July 1902. and at
otner times since the first day of Janu-
airy. 1902, the city OF Wichita. its mayor,
counciimen and other officers and agents.
without any right or authority so to do.
have Destroyed and caused to be Destroyed
large amount of the property Of the
said The Missouri and Kansas Telephone
company incorporated under the laws Of
the state OF Kansas. situated in the city
Of Wichita. and partly composing the
said telephone plant in said city. and have
cut down and removed from the streets,
alleys and highways in said city. large
number Of telephone poles owned by said
The Missouri and Kansas Telephone CON-
pany, Incorporated under the laws Of
the state OF Kansas, together with the
wires strung thereon. and have also OBJ
structed the said telephone company. its
officers, agents, servants and employees
in the lawful use and operation of said
telephone plant and have interfercd with
and sought to hinder the necessary re-
pairs. extensions. renewals and operation
OF said plant, all OF which said telephone
poles. wires and property were and are
covered by the indenture Of mortgage or
trust deed and supplement executed TO
your orators as trustees to secure the
payment OF said bonds.
And your orators allege that the said
The City or Wichita. its mayor council
men. officers and employees. unless re-
strained and enjoined from so doing. will
continue to interfere with the repair, re-
newals. extensions and operations of said
plant and cut down and destroy the
poles and wires composing said plant. and
viii. after the first day of September.
1852, remove or destroy. or cause to be
removed. from the streets and highways
of said city. all the posts. wires. fixtures
and appliances OF said telephone company
in said city
And your orators further show that
all Of the poles. wires and structures of
said The Missouri and Kansas Telephone /
company, situated in said The City Of
Wichita, have been constructed and erect /
ed in such manner as not TO incomnode /
the pubic in the use of such streets. high /
ways and alleys. and in such manner as /
not TO interfere with the free use OF such 4
streets. highways and alleys and in 4
such manner as not 10 interfere with the /
free use of such streets and alleys as
public highways.
Your orators further show that the 7
Interference with the poles. wires and /
property OF said The Missouri and kan +
sas Telephone company by said city. its I
employees. and the threatened interfer- +
euce with said plant by said city. its I
mayor. oouncilmen. officers. agents and [
employees, and the arrests and threatened +
arrests OF the linemen and employees OF +
said telephone company. Is not actually
or ostensibly based upon the police power
Of sai6 city. or any alleged defects or
impropEietlss OF said telephone company's
structure or plant in said city. but on the
contrary. the said city has recently au-
thorized or licensed an ordinance enacted
by its mayor and eouneilrrsn as herein
before mentioned. an individual. his. sue
cessors and assigns. 10 erect upon the
same streets. alleys and highways occu-
pied BY the said The Missouri and Kan
sas Telephone company. and al streets
and alleys in said city poles wires and
telephone appliances q the sane charsc-
Ter and in 10 wise superior 70 or different
from these CT the said The Missouri and
kansas Telephone company, and that The
destruction Of and interference with the
lse OF the property OF the MISSOURI and
kansas Telephone company and the pres
snt threatened destruction and interior .
sace with the use OF the same ~ said
The City OF Wichita. its mayor. council
nen. officers agents and employees, rests
md is based saley upon the false and un- (
awful claim that the said The Missouri
md Kansas Telephone company. organ
zed under the laws Of the state o. kan
.