The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-07
DECREE Is EFFECTIVE
Judge Rogers Placed Decree
in Telephone Case on Record,
COURT ORDER RESPECTED
Attorney for Telephone Com
pany Talks of Case.

The decree Of Judge Rogers Of Arkan-
sas in the case of the Old Colony Trust
company and Charles J. Hubbard, in
behalf OF the Missouri and Kansas Teie-
phone company, against the City of Wich-
tia. in which the plaintiffs asked for an
Injunction TO prevent the city officers
from interfering with the operation of
the line, was entered on record and be-
came effective yesterday In the United
States circuit court. The decree is as
follows:
IN the Circuit Court of the United States,
District Of Kansas, Second Division.
) Old Colony Trust Company and Charles
J. Hubbard, Compliments.
ys.
The City Of Wichita, Defendant.
This cause came on to be heard on
March t. 1913. on the complaint, answer,
replies and written briefs, plaintiffs being
represented by c. V Ferguson, R. r.
vermiiion. F. f Rozzel!e, Edward P
Gates, Lucien Baker, and Robert p.
clapp; defendant by A Z. Helm. David
smyth. and 5. s. Ashbaugh
The defendant moved the court for
leave TO file an amendment TO its answer,
which motion was taken under advise
ment by the court TO he determined on
the final hearing; and thereupon the case
was heard upon the pleadings. briefs, and
arguments Of counsel, and taken under
advisement, with leave TO file briefs
which was done; and the court being
well and sufficiently, advised, doth grant
the motion Of the defendant to file its
amendment to the answer as of March
&c, 1853 (said amendment being found
on pages 26s-9 Of the printed record.
ard TO which motion the replication is
made 10 apply
And the court also being well and suf-
fciently advised as to the merits of the
suit;
II is, ordered. adjudged and decreed
that the injunction heretofore granted
In this cause be and the same is in all
respects continued and made permanent;
and said City of Wichita. its officers
agents. servants, employees. licensees and
ali other persons acting under or by di-
rection of said city its officers, agents.
; employees and licensees be and they are
hereby restrained and enjoned from in
any manner destroying property of the
said The Missouri & Kansas Telephone
company. or interfering with or hindering
the said The Missouri & Kansas Tele-
phone company. it's officers agents.
SERVANT. or employees, from making ex-
tensions and maintaining the said tele-
phone plant, and such extensions as may
be made thereto so situated in the City
or Wichita. and its wires. switch-boards.
fand al Instruments connected Herewith;
5and from hindering or preventing the
inaking of extensions or repairs thereof.
1t is further ordered, adjudged and
d1creed that the City Of Wichita. It's
Officers. agents. servants, employees and
Hcensees be and they are hereby re-
strained from arresting or prosecuting,
or causing TO be arrested or prosecuted,
the officers, agents, employees or serv-
ants of the Missouri & Kansas Tele-
phone company. for using, operating.
maintaining. and repairing said telephone
plant so situated in the City Of Wichita,
and from making extensions thereof with
in the said city. or from maintaining
and repairing the same or from changing
the existing telephones now installed in
said city TO some other locality for the
same persons.
~ This injunction in so far as IL applies
20 new extensions ~ the lines of The
Missouri & Kansas Telephone company
In the City of Wichita is subject to the
rights of the City of Wichita to provide
reasonable rules and regulations IF
same do not now exist. by which the
said The Missouri & Kansas Telephone
company shah be governed in the extern
sion of its lines; and If the said City Of
Wichita shall fail. for period OF thirty
days next after the rendition of this &c
cree TO pass and enact rules and regula-
lions by which The Missouri & Kansas
Telephone company shall be covered in
the extension Of it's lines in said city lin
case they do not now EXIST. then the
injunction shall issue and be in full force
and effect. prohibiting defendant from in
terfering with The Missouri & Kansas
Telephone company in erecting its poles
Or placing its wires or making new ex-
tensions fl said city.
1t is further considered ordered and ad-