New-York tribune., 1906-08-12
WESTCHESTER AND THE BRONX.
Features That Appeal 10 Our Northern Neighbors.
PHONE COMPANY TO ACT
Asserts Right TO Install Independent
SerUice Without Franchise.

The State Line Telephone Company. which re-
Gently got the cold shoulder from the various
municipalities of Westehester County. where It
applied for franchises to install an independent
service in opposition TO the New York Telenhone
Company has renewed its fight along new lines
Under recent decision handed down by the Court
OF appeals the company now claims the right TO
erect poles and string wires anywhere in the
county without the fOrmality of a franchise
and asserts that the municipal authorities have
nothing to say about it, except to designate the
streets in which such poles shall be erected.
The decision under which the company claims
the right TO proceed was written by Justice Edward
l. Bartlett In the proceedings brought by the viii
lags of Carthage against the Central New York
Telephone and Telegraph Company Il appears
that this company had for some years prior TO
January /, 1905, operated telephone system in
the village of Carthage, and or about that date
1t made application to the village trustees for per-
mission to extend its lines. After due cOnsidera-
ton the trustees adopted a resolution granting
permission for extension but imposing the con-
dition that it should be operated by underground
conduits and further that no more poles should be
erected IN the streets, and that the company should
be compelled 20 remove all OF its poles erected
since January l. 1905.
The company served with a certified copy
Of the resolution but continued TO erect poles and
string wires, Notwithstanding Thereupon the vii
iage through counsel began an action in equity
praying for a permanent injunction enjoining the
defendant from erecting any nIUre poles IN the
streets and compelling the removal OF those it had
erected since January 1, 1905. temporary injunc-
County, enjoining the defendant prayed. The
defendant moved TO Vacate the temporary injunc-
ton. which motion was granted.
Justice Bartlett, in his decision, holds that 'It
has long been settled law of this state that tele
phone companies derive the right TO erect their
poles and string their wires directly from the
state and that such corporations may erect
struct and maintain the necessary fixtures for their
lines upon, under or over any Of the public roads,
streets, highways. etc.
Justice Bartlett holds further that ''the right TO
erect these poles and string these wires is de-
rived from the village authorities but they are per-
mted TO regulate the erection Of the same; that is
TO say, the location of the poles and the streets
power to regulate
Justice Bartlett adds: "As the law stands now
the company is at liberty to decide whether II will
go on, over under a street subject 10 the right
of the state to revoke its license"
Already the State Line company, acting under
this decision has made an application 10 the viii
lage trustees OF TarrytOwn and North TarrytOwn
to designate streets TO be used by It, Within a
Mount Vernon, New Rochelle. Ossning and Port
Chester for similar designations
Officials of the company say that they already
have twenty-seven carloads of poles the ground
and sufficient wire contracted for to connect all Of
the cities and towns Of the county within two
months. Agents of the company say that they will
give party line service at so cents a month for
the first year in order to get subscribers. Their
idea is to get universal installation that is TO have
q telephone in every house, so they can give a
cheap service. II IS also said that the company
is already at work on plans to get into New York
City this fall.
This is the same company that recently fur
nished the information to District Attorney Jerome
which resulted in four of the New Rochelle alder
men being indicted the charge Of solicitation Of
Doodle