The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-10-13
A STATE FRANCHISE
That's What the Groton. Ferney
Telephone Co. Claim by Vir-
tue of Statute
Withdrew Initiative Petition and
Announced Intention to Build
Into City

It will be remembered that at the
last regular meeting of the city
council the initiative petition asking
that an ordinance granting the Gro-
ton-Ferney Telephone Company a
franchise to establish a telephone
system in the city was laid over for
the next meeting. When the council
assembled Monday night President
Synoground and Secretary Bowler of
the independent company were on
hand with E. ". Taylor of the law
firm of Campbell & Taylor.
What was expected was that the
fight would be made against anything
like dilatory tactics in connection
with the proposed franchise to the
voters of the city, but no one antici-
pated the move that was really made.
The telephone question first came up
by the presenting to the council by a
representative of the Dakota Central
a communication announcing terms
upon which that company is willing
to connect with any farmers line any
where. A copy of this proposition is
given below
Mr.. Taylor addressed the council in
behalf of his client the Groton-Fer-
ney company. His first move was to
request the privilege of filing with
the auditor a formal withdrawal of
the pending initiative petition. Then
he stated the fact that section 554 of
the compiled laws reads as follows:
'"There is hereby granted to the own
ers of any telegraph or telephone
lines operated in this state. the right
of way over lands and real property
belonging to the state, and the right
to use public grounds, streets, alleys
or highways in this state subject to
the control of the proper municipal
authorities as to what grounds,
streets, alleys or highways said lines
shall run owe or across, and place the
poles to support the wires are located:
the right Of way granted over real
property in this act may be ac-
CURED in the same mannerand by like
proceedings as provided by railroad
corporations"
This section, Mr.. Taylor pointed
out, gave to his client the privilege to
build into the city, and all that re-
NAMED for the council to do is to pro-
vide by ordinance the manner in
which his client should construct
their lines into the city, prescribing
heights of poles, etc.
1t is safe to say the mayor and
council were taken by surprise and
all that remained for them to do was
to refer the matter to the attorney
Of the Dakota Central who is city at
torney. Mr.. Taylor then insisted
that if this reference be made a de-
finite time should be fixed as to when
this report be made. 1t was agreed
that the attorney should report at
the next regular meeting.
The Dakota Central submitted the
following: We will connect with any
telephone line which is not a compet-
itor Of the Dakota Central Tele-
phone company in the following man
ner: We will run our lines to the
city limits of any town where we
have an exchange and we will con-
meet with any line seeking connection
with US and will handle the business
OF such line for 25 cts. per month for
each phone tributary to such town:
for instance, we will charge 25 cts.
for every phone on the line or lines
desiring constant communication
with Aberdeen. Those who are To-
Gated in the vicinity of other towns
and only wish to communicate with
Aberdeen occasionally. we will charge
. cents per conversation. If. however,
it is thought such rates are exorbi-
tant. we are willing to have an arbi-
trating committee appointed toinves-
tigate the matter and decide upon an
equitable rate and we will abide by
such decision. We desire to state
that we do not consider the building
and operating of farmers lines ascom-
petitive business.