Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-11
PHONE MEN ALARMED.
Independents Have Much at
Stake In Pottawattamie VS..
Bell System Suit
PAYMENT FOR USE OF HIGHWAYS
If Decision is Against the Nebraska
Telephone Co., Branch Of the Bell
System, Which Could Ably Stand De-
feat Itself, the Principle involved
Might Ruin lndependant Companies.


Des Moines, March 11.--Independent
telephone men are much alarmed by the
Pottawattamie county, asking the
courts to declare unconstitutional the
law granting the use and occupancy of
the highways to telephone companies
poles and wires.
This suit has been begun against the
Nebraska Telephone company, which is
a branch of the Bell system. Never
theless. it involves principle in which
the independent companies are more
vitality concerned than is the Bell sys-
tenn.
II was limited to the Independent Tel
ephone Mems association, yesterday,
that so disastrous would be an adverse
decision to the independent lines. that
the Bell people might not quarrel With
such decision. The Bell people have
few toll lines, occupy few highways
and are enormously wealthy The in
dependent and farmers lines occupy
thousands of miles of the highways
with their poles and wires and as yet
are not rated in the millions. The idea
is that the Bell people could afford TO
pay for their right of way along SUCH
few highways as they occupy, while the
independent companies would hardly
be able to do so.
Moreover, such lines as the Bell peo-
pie have constructed along the high
ways have been in existence from
fifteen years to thirty. Those of the
independent lines have been in exist
ence but from two to eight, very few
having been built as many as ten years
ago. This is an important consluera-
ton, for the statute would probably
be held to protect the right OF SUCH
lines as We're built in excess of ten
years ago to use the highways.
The theory of the Pottawattamie
county suit is that since 1t is uncon-
stitutional to take private property for
public uses without just compensation,
the legislature could not pass law
granting the use of the highways,
which were private property in the
country, to the uses of the private tele-
phone companies. But another statute
provides for the statues of property by
what is termed prescription; that is
property of an individual used by an
other for a long term of years may
become the property OF the latter, no
objection to occupancy and use being
made.
1t is the latter statute which would
protect the rights of the Bell Tele-
phone company while it would not pro-
tect the independent lines, because the
former has occupied the highways to
exceed ten years without objection.
while the latter has not.
The case, it is understood, does not.
affect the right TO use the streets or Il
city for the streets of city are dedi-
Gated to the public use when plated
and are not the property of abutting
property owners as are the highways OF
the country. In the country when
highway is vacated or abandoned 1t re-
yerts to the private use of the abutung
property owners. Streets may be va
Gated for the uses OF the abutting prop
erty owners il so provided, but this is
a gift to private persons, not the res
which has been loaned to the public
temporarily as in the case of high
ways.
Mr. J. S. Bellamy, of the Knoxville
Telephone company said yesterday:
This is one of the most sensational
matters which has come to the at
tention of the people of the state for
many years An adverse decision with
out qualification OF some kind would
ruin many of the independent tele-
phone companies of the state. They
could not do business il they were, sud-
denly compelled to pay the abutting
property owners along highways &C.
cupied by them.
TT is not Il franchise question. you
see. 1t is not a matter of paying rent
for the use of Il street. 1t is merely
the question of buying the right OF
way over a mans property. We have
some private agreements With farmers,
most OF the companies have, ut very
reasonable rates-such as 20 cents q,
mole. for instance-but the thing would
be put on quite different basis were
we compelled to pay every property
owner in front of whose property we
passed. You see, now, if we can not
90 one route we can go another: IL the
courts decide the Pottawattanie county
case against the telephone company we
will be compelled to pay whichever
route we select.
II do not charge that the Bell Tele-
phone company has invited this case
at Council Bluffs But j can see how
1T would be natural for that company
NOT to care much whether 1T lost or
Won the case, for it's interests would
appear to be amply protected II 1t lost,
even.
1T is plain that we have much great
er interest in the outcome of the case
than has the Bell company and It's
branches including the Nebraska Tele-
phone company Therefore it seems to
me that we should be represented in
the case by our attorneys SO that our
interests may be protected
Il hope to hear from Mr.. James C..
Hume tomorrow on this question as
we'll as on the case decided by the SUI
preme court a few days ago In favor
of the Iowa Telephone company of
Des Moines, and under which all tele-
phone lines built before October. 1897.
REQUIRE no franchises to occupy city
Streets