Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-29
FRANCHISE NOT EXCLUSIVE
Judge Wheeler Passes on Injunction Secured
by Nebraska Telephone Company.
DEFEATED PARTY is LIKELY TO APPEAL
Court Holds that Pole Line Set ny
Independent Company Does Not
Interfere with the Older
Concern.

Judge wheeler In the district court yes
terday handed down = decision in which
he held that the franchise Of the Nebraska
Telephone company In Council Bluns Yves
not exclusive. The decision was IN the suit
brought by the Nebraska Telephone COM
pany to enjoin the Council Bluffs Independ-
ent Telephone company from paralleling
It's pole line on South Seventh street. The
temporary injunction asked for by the Ne
braska company was denied and the tenn
porary restraining order issued at the time
the suit was filed was dissolved.
The court did not hand down any written
opinion, but made few brief comments
on the questions involved. He held that
the franchise Of the Nebraska Telephone
company did not give II the exclusive right
TO the streets of the city and that It was
entitled only TO such use OF the streets as
It has already appropriated or what may
be necessary IN the future in connection
with work already done. Further. the court
held that under the existing modern meth
DDS Of construction the setting Of poles
by the Independent company on South
Seventh street would not interfere with
the pole line OF the Nebraska company.
which now carries one cable and has room
for another without placing cross arms.
The Nebraska company placed it's poles
at what II believed to be the proper dis
lance from the property line and the Inde-
pendent company erected its poles opposite
those Of the former company two feet
further out, asserting II was the line given
II by the city engineer. The Nebraska
company at once brought suit asserting
that the poles OF the Independent company,
with their cross arms. would interfere with
their line. On behalf OF the Nebraska COM
pany Il was contended that the Independent
company could just as well have set its
poles on the opposite side OF the street.
1t is understood to be the intention of the
Independent company TO extend it's South
Seventh street line TO connect with the
Independent company in South Omaha.
Representatives of the Independent COM
pany stated after the decision was handed
down that the company expected to resume
work on its Seventh street line at once,
but Attorney Wadsworth for the Nebraska
company stated the case probably would
be taken to the supreme court and that
supersedeas would be asked for.
omcer q Pussy Case Goes over.
Judge Thornen was In the city yesterday
to take UP the hearing In the matter Of the
application OF John Beresheim and L. F.
Murphy. receivers OF the Officer & Pussy
bank, to have the compensation for their
services determined. Attorney ]. ]. Stewart,
representing a number of creditors of the
bank who object TO the amount asked for
by the receivers, asked for further time
and the hearing was postponed. Judge
| Thornell announced that the matter would
have to be disposed of in the near future.
Receiver Murphy expressed himself as dis
appointed at the hearing not taking place
yesterday as arranged, as he and Mr.
Beresheim are anxious that the matter may
be disposed Of, as they wish to wind up the
receivership.
In the case Of Paul G. Aylesworth against
the city Judge Thornen decided in favor
Of the plaintiff for the full amount OF his
claim of $50. During the term OF former
City Solicitor Wadsworth Aylesworth acted
| in his place during the formers absence
from the city. The city council refused to
pay the claim. contending that Aylesworth
| should have been compensated for his
services by Mr.. Wadsworth.