The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-02-16
CITY WINS CASE BEFORE
STATE SUPREME COURT
DECISION OF LOWER COURT IN
REGARD TO THE ORDINANCE
CHARGING TELEPHONE CON-
PANY 81 PER POLE REVERSED
UPON APPEAL.

The state supreme court has re-
versed the decision OF the lower court
in the suit 70 compel the Telephone
Company to pay the city 81 per pole
for using the streets for its poles and
wires. The suit involves a large
amount. of money and the victory will
therefore mean a great deal to the
city.
Headnotes to the decision have been
filed as follows:
In the Supreme Court of Florida Divis-
ion B, January term, A. d. 1905.
The City Of Pensacola, a municipal
corporation under the laws of Flor
ida, plaintiff in eTro-, VS.. the South
ern Bell Telephone Company, a cor
poratiOn under the laws of New
York, defendant in error-Escambia
County.
Hooker, J.
!. A declaration alleging in sub
stance that an ordinance was adopted
by the city of Pensacola providing
that telephone companies using the
streets for its poles and wires should
pay two dollars annually per pole to
the city, and that the defendant. a
telephone company was so using the
/ streets. but refused to pay the said
sum. is not obnoxious TO demurrer (a)
because the declaration does not show
that the city had authority to rent
! the streets, or (bD because ii does not
allege that the pole rental was reason
able in amount.
?. Under the statute laws providing
a provisional government for munic!-
I palities. a city which is given a pro-
visional form of government can only
act on the passage OF ordinances as
provided by the statute so as TO bind
/ the city by contract, and where a
resolution is adopted by the board OF
] commissioners. the president of said
board being present and asserting ID
J such resolution. and signing and ap-
I proving the minutes of the meeting,
/ but the said resolution was not after
/ its adoption submitted TO the presi-
dent of the board in his capacity as
Mayor, for his consideration as sueil
Mayor. and for his rejection or ap-
proval thereof as Mayor as required
by law, such resolution was not adopt
ed in the manner provided for the
/ adoption OF ordinances.
3. A plea which in substance sets
! up that while the city of Pensacola
was under a provisional government
as provided by statute. a resolution
was adopted by the board of commits
sioners, the president of the board
/ presiding al the meeting at which
: the resolution was adopted, and con-
. senting TO such adoption. and signing
and approving the minutes Of the meet
ing Hnde- which resolution the defeR-
! dant telephone company erected Its
poles and stretched its wires in the
1 streets, and which provided that the
city might use the poles for its fire
alarm system. of which privileges the
city availed itself. and was thereby
estopped from enforcing an ordinance
subsequently adopted providing a
/ charge of two dollars per pole annual
( ly for the use Of the streets by the
: telephone company, does not set up a
good defense 10 an action by the city
( to recover the amount due under the
ordinance.
Judgment reversed.
John B. Jones. for defendant in err
Tor Hunt Chipley and Blount & Blount
for defendant in error.