Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-09-13

ing after the word telegraph in the
second line thereof the words cor tele-
phone"
Section 2-This act being deemed
of immediate Importance, shall take
effect and be in force from and after
its publication in the daily State Re-
gister and daily State Leader, news
papers published at Des Moines, Iowa.
Approved March 16, 1882.
Two Innocent Words.
These two innocent words 'or tele-
phone inserted in this section means
that the telephone companies doing
business prior to 1897 can utilize every
street or alley in your cities without
ever troubling themselves to consult
your wishes in the least.
+ ''But the competitors local telephone
companies who start an exchange af-
ter the adoption of the code of 1897,
must secure a franchise from your
municipality and be governed by it.
SIS there any justice in this? Why
should the Bell Telephone or any other
telephone company, have any more
right to monopoliZe our streets and al
leys than any other public utility?
"If the law says the water and gas
works, electric light and power plants,
street railways. new telephones and
other utilities must first secure fran
chise from the municipality in which
they wish to do business before they
remove one shovel of dirt, why not the
old telephone companies when they
wish to make any extension in the
service?
Intent of Law.
cit is evident to my mind that it
was the intent of the law to protect
the municipalities against individuals
holding perpetual rights to public utili-
ties when section 955 of the code of
1897 was enacted, part of which reads
as follows: "They may also grant in
dividuals or private corporations the
authority to erect, maintain, or pur-
chase such works, or plants or rail
ways, street railways, or telephone
system, for the term of not more than
twenty-five years, but no exclusive
franchise shall be thus granted, ex-
tend or renewed and no franchise shall
be granted or authorized until after
|
been published once each week for
paper published in such city.
Further evidence Of this is given in
the enactment of section IT'S of the
same code, part of which reads as fol
lows: No franchise shall be granted
renewed or extended by and city OF
town, for the use of the streets, high
ways, avenues, alleys or public places
for any Of the purposes named in the
preceding section unless a majority OF
the legal electors, voting thereon, vote
" in favor of the same at the general OF
special election
| Need No Franchise.
"But the old telephone companies
are not as yet affected by any of these
grants given cities or towns. By the
code as the supreme court holds, they
are not required to secure franchise
from the municipalities of Iowa il
which they were doing business priol
i to the adoption of the code of 1897
i because the bill requiring all new tel
ephone companies to secure fran
chise was not so worded as to take il
those desiring to make extensions tina
were at that time doing business in thu
state. Why should they be permitted
to take for their use any street or allie.
without a franchise any more than
street car company? If the street ca
company has a franchise for certail
: streets and wishes to extend its serv
ice upon another street it can not d.
so until it has secured an additiona
right. Why should these old telephon
companies have more right than tn
new ones or any other public utility
1t is true we cannot deprive thes
companies of what they have alread
acquired, neither do think any mum
cipality would seek to work this hare
ship upon the telephone company, bu
; I feel if they wish to make any furthe
extensions they should do the same a
t the street car company, get frau
I chise.
: Some Advancement.
e "To this end bills were introduced i
: the last legislature. The senate at il
i last session passed the following hi
!: with only one dissenting vote, but oy
j. ing to it being introduced late in th
session and the members of the hous
$ not being thoroughly familiar wit
q this measure, it failed to come to