The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-03-17
JUDGE ROGERS
HEARS THE CASE
Of Old Colony Trust VS. City
of Wichita.
BRIEFS AND ANSWERS
Were Read Yesterday and
Case Will be Finished Today

Yesterday, in the United States cir
cult court, Judge j. II. Rogers, OF TT
Smith. Ark, judge of the western DIS
trict of Arkansas, began hearing the
argument in the case of the Old Colony
Trust Company, of Boston, VS.. the City
of Wichita, in which perpetual inJunc-
zion is asked to restrain the city Of Wien
tia, its agents, officers and employees
from interfering with the maintaining OF
the Missouri and Kansas Telephone Com
pany, in this city.
The Old Colony Trust Company is the
trustee for the bond holders of the MIS-
souri, and Kansas Telephone Company
and asks the United States courts 10
prevent this city from interfering with
the property on which there is a mort
gage.
The history recited in this case is long
one. 1t was along in 1881 that the city
of Wichita granted a franchise to the
Merchants Telegraph and Telephone Co.,
TO do business in this city. a year later
the United Telephone Company was or
eanized and purchased the interests OF
the first company. In 1886 the city coun-
Gil granted a franchise to this United
Telephone Company, permitting them 10
maintain it's poles, wires and hxtures
necessary 70 operate its telephone line
In this city. This ordinance was num-
bered 39l and the bone of contention in
the case hangs great deal on this very
ordinance.
Some months later the Missouri and
Kansas Telephone Company was organ
tied and leased the property OF the
United Telephone Company for term
of 90 years Subsequently thereto a
franchise was granted the Missouri and
Kansas Telephone Company for term
of five years.
The compIainants in the case contend
tina. under the laws of the state OF
Kansas where they are Incorporated they
are allowed to do business and are per-
united to use the highways Of the state
in extending and maintaining their tele-
phone lines and under this right they
claim that they may use the streets and
Blleys of this city and Wichita has no
Wv cf making them vacate them.
Further it is set out in the bill of
particulars that the company is now
operating it's lines in Wichita under
the lease of the United Telephone Com
panv and the United Telephone Company
had a franchise granted in 1886 which is
still in force and gives the Missouri
and Kansas Telephone Company the
right TO extend and maintain its lines
The city's contention is that Ordinance
No 39l is void as the Missouri and Kan
sas Telephone Company accepted an or
dinance subsequently to the ordinance
known as 391 and this ordinance granted
the Missouri and Kansas Telephone Com
panv has expired and by their accepting
an ordinance after leasing the lines of
the United Telephone Company made
ordinance 391 void and the company can
not operate it's lines under this any more.
The city's attorneys also claim that
even if the state law does give COM
pany the right TO use the highways Of
the state il does not give them the right
10 use the streets and alleys of a first
class city without a franchise from the
city.
The bill of complaint covers 50 pages of
closely printed matter. This bin was
filed with United States Circuit Judge
Thayer in St. Louis last August and
temporary injunction granted and the
case is now being argued as to whether
q perpetual Injunction should be granted
or not.
F. F. Rozelle. general attorney of the
Missouri and Kansas Telephone Company,
and Judge Gates. of Kansas City. and
c +. Ferguson and r. r. Vermilion,
are conducting the case for the tele-
phone company. City Attorney Helm is
conducting the case for the city, assist
Cd by David Symthe and 5. s. Ash
baugh
When the case was called yesterday
morning at ten O'Clock. c. V. Ferguson
made the statement for the telephone
company and read the bill of complain
ants. This required nearly two hours
and Mr.. Ferguson has just completed
his work when court adjourned for din
ner
Immediately after the recess City At
torney Helm made the statement OF facts
FOR the city and read the answer TO the
bill. The balance Of the afternoon was
taken up with the reading Of deposition
and aff;davits of witnesses for the COM
plainants. This reading of testimony
will require all of this morning and it
IS expected that the attorneys will get
down TO the real law i'm the case tonight.
j is thought that the judge will have
the case in his hands tonight.
MIR. William r y. Scott. whose book.
''The Story OF the Bird Lover Will be
published on Mareh 18th by the Outlook
Company. is the Curator of ORTHODOXY
n Princeton University. \ unique fea-
ture OF his equipment for the study OF
bird life is his laboratory Of live birds.
il is composed OF six rooms liz his own
house. in which are about five hundred
live birds native and foreign The coll
lection is primarily for the purpose OF
conducting Investigations that may lead
10 a better understanding of birds out
of-doors, and the problems which their
Efe presents. The birds are absolutely
tame and fearless and exhibit strong
attachment for Mr.. Scott. His book tells
with absorbing interest the story OF his
life OF how he came To study and love
birds. Of the studies and Investigations
by which he acquired his great knowl-
edge of bird life and nature. and OF his
travels in many little-kn0wn parts OF
this country.
AN NJ n GERMAN NOMAN