Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1905-03-23
PROCEEDINGS OF COUNCIL

In the absence OF President Reading from
the stated meeting Of Council on Tuesday
evening, Mr.. Burkett was elected President
pro TEN.
| Mr. Mungan. Of the special committee on
the Glassboro ave. crossing, reported pro-
gress.
| Mr. Chenoweth, Of the Special committee
on the Della. & Atl. Telephone franchise,
presented written report, as follows:
| 70 Tie Honorable, The Council Of The city
/ Of Wooabarg.
The undersigned, committe appointed
1 by your body on February 7th, 1905, to
make re-examination of the question Of
the franchise and abuse thereof under
winch the Delaware and Atlantic Tele-
graph and Telephone Company were work
! ing, and to offer suggestions relative to the
matter involved, respectfully report:
That pursuant to the power and author
ity hereby conferred. your committee have
made full and exhaustive investigation
and find that said Delaware and Atlantic
Telegraph and Telephone Company are oc-
cupying some of the streets Of the City
without permission and have disregaEded
the true meaning and intent OF the ordin-
ance passed April %. 1902, and have adj
mitted that this has been the case It has
been found that they have erected poles with
out the proper municipal authority, as fol-
lows
First Ward-D Deptford avenue, 26 poles;
Broad street, poles; Red Bank avenue,
/ poles; Tatum street pole.
Second Ward--Curtis avenue, 3 poles;
/ = ms atYp pof
poles: Laurel street, ) poles; Hunter street,
4 poles.
| Third Ward smalIwood street, 2 poles;
Wood street, poles; Jackson street, 5 poles;
West Center street. , poles; West German
street, s. Total Il.
Also that they have strung wires thereon
and have crossed and strung many of the
streets with additional wires on poles form
erly erected; all without consent OF sane
I tion of Council as required under the terms
of the ordinance.
/ Now, whereas, said Company claims to
be possessed OF the necessary corporate
power and is without the conseat Of the
4 proper municipal authority to locate, con-
struct, maintain and operate lines OF tele-
graph and telephone On. along and within
1 the limits of the public roads and streets of
4 CITY OF Woodbury. as above mentioned, it
| is the desire OF your committee for the pur-
pose of conserving public interests, that
/ full and careful consideration be given to
what they conceive TO be a solution of the
matter involved
It is understood by all, that the Della
ware and Atlantic Telegraph and Telephone
| Company is an organized corporation that
undertakes to supply the public needs Of
of the people of the City and should be un-
der contract called franchise granted by
this Citv and subject TO more or less to its
control or organization.
To all intents and purposes, the City isa
special partner Of the private corporation
and is entitled to an equitable division
of the profits accruing. This view has
a rational foundation in reason and equity
whether or not it be sound in law. The
contribution, the franchise, is valuable
asset Of the private corporation
On examination into this cause your
committee finds, that the trouble is trace
able to the weak provisions and restrictions
If the General Ordinance of April 22nd,
1902, under which said Company is acting
aud that a special ordinance should be pre-
pared for each corporation so that the i'm
portaDce of the rights may be fully ap-
preciated and the interests OF the City COW
cred or safeguarded with an eye to the fu-
ture as we'll as present. The only rational
and satisfactory policy is one of justice and
fair dealing, the essential foundation OF
which must be reasonable and equitable
compact between the parties, and conse-
quently the framing of the franchise is a
matter Of greatest Importance.
The business relations that must exist
between the City and corporation furnish
ing it public service are necessarily of an in
innate character and extend over a long
period of time, it is therefore in every way
desirable and important that the two should
work together with a reasonable degree of
harmony and the fundamental principle
that should govern the granting OF franchis-
es to and regulating the operations OF cor
porations should be that of mutual duties
and mutual compensatlons Without any
spirit of antagonism which cannot be other
wise than incompatible with the public in
terests. yonr Committee submits the accom-
panying ordinance.
g. D. CHENowETH
THEo. f. BURKETT
WALTER i. GLOVER
Committee
| Woodbury., N. j., March Goth, 1905.
The report was ordered received and
spread upon the minutes. Then an ordin-
ance was introduced and its title taken for
first reading and laid over under the rules
1t was then read thorough for the informa-
1 tion Of Council.
Mr.. Chenoweth then presented applica-
tions from the Telephone company for the
placing Of its poles
In communication. the Public Service
Corporation asked privilege Of issuing Ii
censes for 18 cars, accompanied by voucher
for $50.
Mr.. Catsell said that it did not seem to
him that this Corporation had carried out