The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-09-11
New City Attorney Tells Coun-
Gil That it Can Make Gen.
trail Union Co. Put Its Wires
Underground, However,
SHOWS WHY THE RECENT
ORDINANCE WOULD FAIL
He Says That it Cannot be
Positively Proven That Bell
Company is Reconstructing
Its Plant.

According to T. J. Study. city at
torney, all that is necessary TO COM
pei the Central Union Telephone Co.
to place its Main street wires under
ground is an ordinance passed by the
city council to that effect. The ordi-
nance that was passed by council at
a recent meeting. declaring that
whenever telephone company re-
constructs or rebuilds its system, ii
shall place the wires on Main street
in underground conduits was declar-
ed by the city attorney to be worth
less, so far as its practfbility is con-
cerned. The ordinance fixes no PEN
atty for violation of the ordinance,
or failure to meet with its provis-
ions. Furthermore, the ordinance in
tends to counteract the franchise un-
der which the Central Union COM
pany operates and which gives II
practically unlimited privileges
The part of the ordinance referr-
ing to the maximum charges that
may be assessed by the telephone
company was declared by the city at
torney to be worthless in its relation
to the Central Union. 1t may be held
valid when applied to the Richmond
Home Telephone Company. however.
as that company accepted it.
Franchise is an Open One.
1t would be folly for the city to at
tempt to enforce It's ordinance upon
the Central Union. as the result
would be an intermidable law suit.
which could result in no way other
than disastrous to the city's inter
ests, according to the statements of
the attorney The franchise under
which the Central Union operates is
an open one and by fixing rates the
city would violate the terms.
1t was pointed out by the attorney
that if an attempt were made to en-
force the existing ordinance 1t would
be necessary for the city to prove
that the Central Union is recon
structing its system. Although the
evidence points to this fact 1t would
be possible for the phone company
to declare its extensions are mere
repairs and unless the city could
prove otherwise the suit would be
lost upon the first assumption.
Solution Of the Trouble.
Study solves the trouble by sug.
sesting that council pass an ordi-
nance. which demands that all tele-
phone or other wires be removed
from Main street and placed I'm un.
derground conduits Notice of the or.
dinance could be served upon the tel.
ephone company and If II failed to
act in accordance the CITY has the DO.
lice authority to have the poles and
wires removed upon its own discre-
tion.
Relative to the maximum rate OF
charges fixed by the ordinance. the
attorney stated that there seems to
be no doubt but that there will be
deep seated competition between the
Central Union and Home phone COM
Danies, if both continue in the field.
There is nothing to prevent the Cen
trail Union from raising it's price. but
1t is hardly likely to do so, when the
Home company offers lower rates.
With the Home phone Offering a
price of S36. it will be necessary for
the Central Union to operate at or
beneath this price. in order to se-
cure business The Bell. or Central
Union. could not be compelled to
keep its price at $36.