The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-13
RED LODGE TELEPHONE WAR AT
AN END.
POWER OF CITIES LIMITED
May Not Order Wires Placed Under
ground-Importan Decision
by Supreme Court.

Cities In Montana may ADOPT all the
ordinances they please requiring tel
ephone and telegraph companies to
place their wires underground within
the limits of the municipalities hav-
ing such local laws, but the COM
panies are not compelled to obey.
This is the decision OF the supreme
court of the state, rendered during
the earlier part OF the week. The
matter is one OF interest and import
ance to almost every town and city,
as the question Of the erection OF
poles by telephone, telegraph and
electric light companies is becoming
one of a serious nature to many.
The decision referred to was handed
down in the famous fight between the
city OF Red Lodge and the Rocky
Mountain Bell Telephone company,
which has been waging a long time
and with much earnestness on both
sides. In every way the company at
tempted to extend it's system into the
city. Red Lodge would not have it,
refusing to grant the required fran
chise. Demand was made upon the
city that it designate route along
the streets or alleys for the erection
OF poles. This was denied because OF
an ordinance which prohibits the in
stallation OF overhead systems In
lieu the council designated route
wherein the company might construct
the necessary conduits in accordance
with the provisions of the ordinance.
To this the company objected and ap-
piled to the district court for writ
of mandamus to compel the city to
designate a route for the erection OF
it's poles. An alternative writ was
issued and upon the hearing that fol-
lowed the court denied the company's
application A new trial was asked.
This was denied and the company
took an appeal.
Law in the Case.
In the decision against the city the
supreme court quotes from section
IA, article Is OF the state constitution,
which gives telephone and telegraph
companies the right to operate in the
state. Next section 1000 of the civil
code, enacted in obedience TO the con-
stitutional demand, is quoted, which
gives authority to corporations or in
dividuals to erect telephone or tele-
graph lines from point to point along
and upon public roads, 'by the erec-
ton of necessary fixtures, including
posts, piers and abutments, necessary
for wires; but the same shall not
incommode the public in the use OF
said roads or highways
In answer to the question whether
streets are within the meaning of
the term public roads, the court cites
section 1900 of the political code,
which says that "all highways, roads,
streets, alleys, courts, places and
bridges are public highways" In the
opinion of the court section 1000 not
only grants the company the right and
privilege of constructing its line, but
also defines the manner of such con-
s.ruction, as the use of the terms,
'poles,'' piers etc, presupposes
what is known as the overhead sys-
; TEN.
By providing that the wires shall
be placed underground, the court
t holds that the city council OF Red
: Lodge exercised the discretion with
L which it is vested in an unreasonable
U manner, within the meaning OF the
e law, and practically absolutely refus-
d ed the company's request, made under
it's right given by law.
: The case is sent back to the dlstrlct
court with orders to grant the writ
: of mandamus.