The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-06-23
In HANDS OF COURT
Arguments Made Before Judge
Dale in Telephone Case
CITY ASKS FOR INJUNCTION
Restraining Company from
Extending Lines

Yesterday the final arguments IN the
case of the city of Wichita VS.. the Mis-
souri, and Kansas telephone company
were heard by Judge Dale of the district
court This is the case in which the
city asks for d permanent injunction
against the telephone company preventing
the company from stringing wires, set
ting poles or doing other construction
work in this city where they have no
franchise The application for an IN
junction was filed almost year ago
and a temporary restraining order was
granted. The hearing of arguments has
been continued from time to time on ac-
count of the sickness or inability TO at
tend on the the part Of some of the at
tornevs. The case was called at eight
o'clock yesterday morning and the arsu-
ments continued until $3.50 yesterday af-
ternoon.
The arguments as presented were IN
brief identical with those given by the
attorneys for both sides in the case ar
gued before the United States circuit
court three months ago. After the ar
guments were completed Judge Dale gave
the defendant fifteen days in which 10
file briefs of argument and the pialntlt
ten days after that time in which 10 hle
their briefs and answers which be
brought up in the defendants brief. The
decision will be rendered in a month.
Former City Attorney Helm opened the
case for the city and stated the sections
u, rfF.r
sition in that the cOmpany's franchise
had expeired and the company had re-
fused to accept d franchise offered them
and the city determined To prevent the
telegraph company from doing business
in Wichita and using the streets and al
Ieys for their poles and wires.
Judge Ashbaugh followed and David
Smythe closed the plaintiffs arguments.
Since the hearing in the United States
circuit court the plaintiffs attorneys
have found several new opinions render
ed in cases involving about the same
points as this one and these were cited
in support of the petition asking for an
injunction.
c. V Ferguson opened the arguments
for the telephone company and was fol-
lowed by X. X. ermllliOu, r. w fNOEelAe
and Judge Gates of Kansas City. The
defendants claimed that they are tele-
graph company and under obth state and
federal laws they are given the right to
use the highways Of the country for their
lines. Under this act they claim the
city had no right to interefer with build
ing lines in this city
In the United States circuit the tele-
phone company secures d temporary in
iarction against the city and its eIa-
ployes and in March the arguments were
heard here for a permanent injunction
The briefs have been filed before Judge
Smith of Arkansas and it is expect
ed that a. decision viii be rendered with
in a few weeks. Although the question
involved are about the same in both suits
one case was brought in a United States
court and the other in the district court
of Sedgwick county, the one on behalf
of the telephone company and the other
for the city of Wichita. Both are in the
hands of the court and decisions viii be
handed down before the summer ends.