Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-01-30
is UP TO COMPANY
City Will Refuse to Grant Per.
mission to Plant
Poles.
NO EXTENSION OF SERVICE
Committee of the Whole Hears Opin.
ions of City Attorney and Special
Counsel-Expect Litigation.

III meeting last evening
of the committee of the whole
NJ the council. called for an in
formal discussion of the differences
with the Central Union Telephone
company, it was decided that if the
| representatives of the company confer
with the council or any of it's commit
tees a new ordinance be demanded
from them. An endorsement was also
voted to notice submitted by the
mayor prohibiting the Union Electric
company from stringing more wires or
setting more poles until the differences
of that company are settled with the
city.
Legal Advice.
Although for some unknown reason,
the mayor sent no notice of the meet
ing TO the city's legal advisers, both
City Attorney Olson and William l..
Ludolph, special counsel, were present.
Before proceeding with the discussion,
opinions from these attorneys were
secured as to the position the city now
finds itself. From the statements of
both it may be concluded that the ques-
ton of the rights of the Central Union
Telephone company in the city of Rock
Island is one full of taqgles. There
was some conflict in the opinions of
the attorneys, but the city attorneys
said that the written opinion he is pre-
pairing to submit Friday night is not
complete. and Mr. Ludolph had appar-
emily gone further with the investiga-
ton and came nearer to a conclusion.
City Attorney Olson.
Prefacing his remarks with the eX-
PLANTATION that his investigation was
not complete and that he might change
his opinion before meeting with the
council Friday night, City Attorney Oh
son began by saying that under the
laws of Illinois there could not be
perpetual contractor license. In 9th
err words he said, ''the company is
wrong. the city is right"
Three statements were set forth by
Mr. Olson as follows:
1. The council of 1887 exceeded its
power if it granted a perpetual license.
3 Having no such right in not linn
ting the life of the contract. it was
simply licenses from time TO time and
rom year TO year as long as it was
not revoked.
8 Surprising that Mr.. Mann's claim
s granted and this is a contract; that
S an agreement by one TO do one thing
and by another to do another. The
city of Rock Island can really and
clearly show that the telephone COM
Dany broke its part of the contract.
Back 10 Seventh Avenue.
The city attorney stated that in con- |
,ersation with the manager of the Cen
raj Union Telephone company he had
,een informed that the plans now be-
ng formulated by them considering the
of placing the wires under
ground in the business section of the
.ity. included all of the wires between
and Twentieth street and
outh TO Seventh avenue. What will
,e the outcome of these extensive
lans remains to be seen.
LudOIpE's Opinion.
William l.. Ludolph, as special coun-
el was called upon for his opinion. 1t
'as first explained by him that it was
lain that what the company held in
tock Island was not a franchise, but
contract. as a franchise is a gift from
he state itself. The grant began as a
cense. which is permit to do a GER ,
hin thing, and it has no limit until it ,
revoked. Beginning as license, it ,
light have been revoked before poles {
ere set. wires were strung and tele- :
homes installed. After this is done the 8
cense becames a contract. 6
Mr.. Ludolph said that previous to a
ecision rendered by the supreme court
! 1904 there was nothing to indicate r
lat the company had rights here, but E
nder that decision he was inclined to r
old that it had. 1t was his opinion +
lat if the company is to be ousted it =
ust be on a breach of contract, the al y
ged breach being the setting of poles +
)t in accordance with the provisions
the city's ordinances. The question
ZEN arises. has the city done anything r
at may be construed as a waiver Il
this breach, such as the use of the h
,les of the company by the police re-
,rt system for the support of its
Tres? n
Councils Conclusion. .
The conclusion of the council was 7
at the proper course of action is to
fuse to allow more poles to be set or
res strung until satisfactory condi-
ms are compiled with the company.
the company decides not to act in
cordance with the demands of the OF
uncil, it will have to take the matter ii
% court to compel action by that /,
dy and there the test of rights or no IN
hts will be made. al
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