Omaha daily bee., 1903-02-14
AFFECTS LOCAL SITUATION
Supreme Court Decision Knocks Out Case
Against Telephone Company.
SOME DOUBTS CONCERNING ITS SCOPE
County, Attorney of Opinion 1t Only
Applies TO Companies I'm Opera
tion Prior to Adoption of
New Code.

The ruling of the supreme court Thurs
day in the case of Chamberlain and others
against the. Iowa Telephone company is OF
peculiar interest TO the citizens of Coun-
ell Bluffs, as It will undoubtedly dispose
Of the proceedings brought by County At
torney Killpack attacking the right of the
Nebraska Telephone company to occupy
the streets and alleys OF this city. Ac-
cording TO the decision OF the supreme
court In Des Moines the question of the
Nebraska Telephone company's right to
occupy the streets and alleys in Council
Bluffs, whether its franchise is valid or
not cannot now be attacked.
County Attorney Killpack after reading
the dispatch in yesterday mornings paper,
said ne was not prepared to say exactly
what effect the supreme courts ruling
would have on the suit instituted by him
against the Nebraska Telephone company
in this city until he had secured a copy
of the decision, for which he had tele-
sraphed. According to the newspaper ac-
counts, however, 1t appeared to him as II
the decision practically put a stop to the
quo warranto proceedings brought by him
against the company. AS far DIS he was
able to Judge County Attorney Killpack
said the ruling Of the supreme court was
to the effect that telephone companies
which we're operating prior to the taking
effect OF the new code in 1897 needed no
franchise or charter from the city, and
| that under the law then existing they had
! the right to occupy streets and alleys the
same as any other public thoroughfares.
The Nebraska Telephone company is op-
| Grating in Council Bluffs under a fran
chise granted It by the city council In
1880. The county attorney in his quo war
ranto proceedings attacked the validity OF
this franchise. alleging that the ordinance
! granting the franchise was not passed ac-
| cording to the strict requirements Of the
! law inasmuch as the aye and nay votes
were not properly recorded in the minutes
| OF the meeting.
According to the dispatches from Des
Moines in some Of the papers 1t would
| appear that the ruling of the supreme
court gives any telephone company the
right to operate in a city, occupy the
streets and alleys. erect poles and string
wires, etc. without having to secure a
franchise. This, however, is believed here
to be a wrong Interpretation of the de-
cision, and that 1t refers only to such COM
panies as had been organized and were
operating prior to the new code going into
effect in 1897. Much depends on the righi
Interpretation of the ruling, as II 1t means
that any telephone company can occupy
the streets Of city without d franchise
any independent telephone company car
come into Council Bluffs and without ask
ing the people or the city council take
possession of any street or alley for Its
poles and wires. and the city would bt
powerless to prevent 1t. or even compe
1t to place it's wires under ground. Attor'
neys here are OF the opinion that the rul-
ing only affects those companies which
were operating prior to 1897