Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-10-04
SAME IN MOLINE
Neighboring City Now Juggling
With Telephone Compa.
MES RIG hts.
CITY ATTORNEYS OPINION
Makes a Report on Three Questions
Put to Him for Investigation
Similar Situation Here.

While it has been often repeated in
the Rock Island city council chamber
that nothing was being done about the
franchise. or lack of franchise which
ever it may be, of the Central Union
Telephone company because they were
awaiting the outcome of suit the city
of Moline had in the supreme court
il now develops that the neighboring
city not only has no suit, but is com
mencing an agitation to solve some OF
the problems that have been before the
city council of Rock Island
Report of Attorney.
Here the matter never went SO far
as an investigation by the city attor
ney, but at its last meeting the Moline
council heard report from City Attor
ney Shallberg. dealing with the three
questions that are pertinent in Rock
Island. as follows:
FirSt-Under what authority is IL
Central Union Telephone company OPP
Grating in the city OF Moline?
Second-Can the city of Moline tax
telephone, telegraph and electric light
poles?
Third-What proceeding must the
city take to collect from the Union
Electric Telephone company the pei
Was re re Frahchi.e.
Mr. Shadlberg said in his report:
ct is unquestionably. the law that a
city has no. inherent power to grant
right or license 70 use any of its
streets t>aIleys fo~ any permanent
use, on, mi, If the public right OF
travel. Ia - w9r grant any per
nmanas;ly owing TO gis,otrro must
- Ensembles by has o,ou ,oo.
passed Ell u ,es to grant the
use of then or telephone pur
poses. the city CT 3hbline had no au
| thority to grant franchise and the
| ordinance is therefOra, null and void.
The ordinance in reflect is not -
franchise but merely a license, and
as such could be revoked at any time
| 1y the city and since the city council
| If Moline has revoked the said license
| the Central Union Telephone company
at the present time, is operating with
out any right or authority whatsoever
| Can AnnuI Contract.
| Assuming that the Central Union
| Telephone company accepted the priv,
| ileges under it and entered upon the
right TO use the streets it became d
contract. what would be the effect and
when would it terminate? Waving
the question of time which appears to
| be an open one in this state, if it can
be shown that the Central Union Tele
| phone company has not complied il.
| every respect with all the requirements
of said ordinance, the city could in
such case annul the said contract
| The ordinance is silent on the ques
ton of time and while the Central
Union Telephone company holds that
it grants perpetual franchise. which
is questionable. the said ordinance is
subject to the following principles OF
law.
Oppose Perpetual Grants.
The courts are very much opposed
| to perpetual grants and such grant:
are upheld only in rare cases and Onl!
| where it is shown that a considera
ton has been gwen by the grantee foI
| such extraordinary privileges. The
ordinance does not state the duration
of the contract and furthermore there
is no consideration of any kind for the
| grant given to the city of Moline ely
cept that the city of Moline is to have
the free use of four telephones. In
my opinion. even though the courts up
hold the ordinance as a contract il
| would be held that the contract is void
| because the ordinance does not limit
the time and is given without consider
alton"
AS to the question of taxing poles
the city attorney said that while i
had been upheld by the United States
supreme court in the case of st. Louis
it had not been passed upon by the II
linois courts, but he believed ii woulo
hold.
AS TO the collection of the 2 per CEN
! tax from the Union Electric company
| the attorney advised a bill in equity
asking for an accounting
The mayor has served notice on tho
Central Union Telephone company
that it will be considered a misdemean.
or if they set any more poles in Mo
line.
| Situation in Rock Island.
| Under the new administration the
telephone matter was taken up with a
renewed vigor, but as yet nothing def
mite has developed, leaving the matter
as it has stood for several years
Frishtful Suffering Relieved.
ST. . he ~