Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-12-29
OF WIDE IMPORT
INDEPENDENT TELEPHONE COM
PANlEs MUST FULFILL CON-
TRACTS WITH MuTUALs.
Judge Brennan sustains Injunction Of
the Boone County Telephone Com
pany Against the Farmers Mutual
Telephone Company Of Grimes.

Des Moines. Dec. 81. - A decision
OF wide Importance to the independ-
ent and Bell Telephone interests has
been handed down by Judge Brennan
in which he sustained the injunction
Of the Boone County Telephone com
pany against the Farmers Mutual Tel
9ephone company of Grimes. The in
junction compels the latter to fulfill
its contract for period of years with
the Boone Counts company Incident
ally the decision prevents small indie
pendent telephone companies breaking
their contracts with the mutual toll
! system and connecting with the Bell
zines.
The case was hard fought, five days
being occupied in obtaining evidence
and submitting the arguments and the
result was great surprise as the real
Sscope of the case was not grasped I'M
It'll the last moment.
Recently, it is said,, the Bell interests
endeavored to secure contracts with
the small mutuals throughout the
Estate, offering better terms than the
lutual line toll companies. The ma
$S@rity of the mutual companies are
slinked together for terms of years by
contracts, entered into when the Bell
interests refused to connect with indie
pendents The Bell interests began
connecting with the Independents less
than year ago.
Facts In Present Case.
A few years ago the Farmers Mu-
tual of Grimes was organized Shortly
afterwards it entered into contract
with the Boone County Telephone
Company whereby it was to have &C
5,ess to all subscribers on the latter's
Wines and vice versa. One of the pro-
visions of the contract was that if
& either company should not comply the
other was to give them fifteen days
notice in which to remedy the defect
If it was not remedied the other
was to have redress in damages or at
liberty to terminate the contract
Later the Farmers Mutual built an
exchange at Grimes and extended a
line to Waukee. From Waukee to Des
Moines the Hawkeye Telephone com
pany operates line. According to an
agreemnt between the Independents
the Hawkeye, the Boone county and
three other lines have the same ter
\ minals in Des Moines.
In this the difficulty arose. Parties
In Des Moines wanting subscribers te
N the Farmers Mutual of Grimes and
v Who resided near Waukee would get
hem over the Hawkeye lines, thai
being the more direct route. How
yer, it proved more costly and the
irimes company entered objections
demanding the longer but cheaper
eTvice. Notice was served on the
bone County Telephone company
nd they took steps to comply ant
3 sed the long route in reaching Des
.foines. but from Des Moines con
tinued to use the Hawkeye, claiming
that the contract only covered reach
ling Des MONIES" and not the return
ervice.
Subscribers Have Vested Rights.
In consequence the Grimes company
stempted to dissolve the contract
and was preparing to attach the Bel
toll line. Then the Boone County Tel
ephone company filed a petition ask
Ing an injunction restraining ths
crimes company from disconnectins
with their line or connecting with an!
competitive lines. They alleged tina
The subscribers had, by the contrac
18th the Grimes company a vested