The Paducah sun., 1906-04-26
In Suit Against East Tenn. Tel.
Co. By Tender of Money.
Attorneys of Company Just Looked
at the Cash, Not Accepting or
Refusing IL.
CITY SOLICITOR AGAINST SUIT.

epnOne company. Which Is the sun
of money paid the city by the tele
phone company over two years ago in
an attempt to compromise the differ.
ences which had existed between the
municipality and the telephone com.
pany. The money was neither ae-
cepted nor refused.
I'VE just looked at the money in
the hands of the city solicitor " one
of the firm stated, neither accepting
nor refusing It. We intend to dc
nothing more in the matter than
prosecute our law suit"
The councilmanic and aldermaniC
boards decided to pay this money
back. or proffer it. in order to make
the city clean in going into the
courts to fight the company to com
pei il to buy franchise. The figh;
promises to be long. II it is not nip
ped in the bud aud compromised.
City Solicitor james Campbell. Jr..
thinks that the city is going into liti-
cation which will cost many thous-
and dollars in the end, even if the
city wins out, and does not favor the
fight which is being prepared. He
still suggests a compromise as the
best course to pursue. and although
he is going into the fight to win, ex
presses some reluctance that ii is not
stopped in its youth without the ex-
penditure of any more funds.
81 have always thought. and still
think, that a compromise is the sur
est. best, and easiest way out of this
ENHANCEMENT" Solicitor Campbell
declared this morning. "The city is
going into a fight which will cost
thousands of dollars before It has
finished; even If it is victorious in
the end. | am positive from present
indications, that the case will go as
far as the federal circuit court OF APP
peals, and would not be surprised to
see it finally land in the supreme
court of the United States. The costs
alone, if the case be prosecuted to
this court, will amount TO over $500.
and this is no small item.
II have studied the matter care
fully. and regret that the tight Is to
be waged. The matter will consume
a great deal of time, and may not be
finally settled before the expiration
of two and a half years. II may re-
quire longer. but this is the mini
mum / set firmly believe. from the
status of affairs in the state general
ly. speaking, tha, within the nex,
three or four years, before the pres
ent litigation in question is finally
settled, the telephone management
will be placed in the hands of a
commission the same as railroads. |
think the state legislature will take
hold of 1t, provide for a commission
as it does in railroad cases, and the
same as in the case of railroads This.
of course, would take the manage
ment out of the citys hands even II
she compelled the telephone compa-
ny to buy the franchise outlined by
the municipality. II would be a vic
tory for the city in winning the suit.
but little would be derived from IL.
Another matter which may be Ia
ken into consideration Is the proba-
bility of the Cumberland Telephone
Co. forcing exorbitant rates on the
public. If the compromise be carried
out. The franchise agreed on in the
compromise measure gave the COM
pany the privilege of raising rates
with each additional thousand sub
scribers, 20 cents on residence, and
so cents ON business phones. This
does not necessarily imply that the
matter is compulsory or will so be
held by the company. | believe that
competition will be sufficient to keep
the rates down. and no franchise pro-
visions would be absolutely necessa-
ny as far as practicability is con-
cerned. OF course 1t would be well to
have such provisions in effect as
precaution against possible exorbi-
tant rates.
''The bone of contention which
caused the cay to fail TO stick up to
its part of the compromise agreement
lies in the difference of 1000 sub
seribers. | think, as before stated.
that the business will soon be under
phe control of commission, and the
action of the city In pushing the lit
igation may be unnecessarily after
ALL"
City Solicitor Campbell has been
given help in prosecuting the suit.
and states he will do all he can in
the matter to win out for the city.
The telephone company attorneys
were seen relative to the matter of
the city standing "clean" In the
courts by the act of paying. or offer
ing to pay back $4,000, accepted i'm
the attempted compromise. and it
was the opinion of the telephone at
torneys that the city would gain lit
tie by this action. The record of the
breach of compromise stands the
same, they believe. either way the
city acts.
Solicitor Campbell takes the op-
posite view, believing that the pay
ment of the $4,000 will expunge the
entire compromise proceedings. This
remains to be decided by the court.