The news-democrat. (Providence, R.I.) 1906-1909, 1907-06-18
HOME PHONE co. BARRED
OUT BY COMMON COUNCIL

| of Providence. You don't have to take
| II IL you don't want IT, And ] am credi-
| bly, informed that the cost of this service
Is such that the company cannot afford
| to reduce IL.
He said that he believed that what the
rates, and the committee believes that II
has secured cheaper rates.
He could not understand how the adop-
| ton OF the ordinance would establish a
perpetual franchise but he would leave
| that matter to a decision from the city
solicitor who was present.
M'NAMEE NOT AFRAID.
| Mr.. McNamee said that he did not be-
/ heve that the state had any right 10
grant an exclusive franchise. and he OBJ
jected when the minority asserts that
wherY n corporation gets such a control,
any question submitted TO the supreme
court is always decided in that corpora
tons favor. Mr. McNamee added:
II have such faith in the supreme
court, in the superior court and in all
other courts in this state that l believe
that whenever the supreme court Is
called upon to consider an exclusive
franchise IL will render it's decision in
the interests of the citizens of this city.
II do not fear the bogey man. 'Perpet-
ual Franchises f" he said
Councilman McCaffrey said that the
adoption OF the ordinance as recon-
mended by the committee would be
neither Illegal nor irregular. He said that
the reported granting of a franchise to an
independent telephone company In New
York, as quoted by Mr.. Sears, applied
only to a limited area.
Councilman O'Nedl supported Mr.
F1ynns motion to recommit the report
He said that he did not believe in the
granting OF any franchise, as a special
franchise is n special monopoly. "If this
ordinance is adopted. it will be doing a
great injustice 10 the small business men
and citizens generally" and then added:
Apparently. from the remarks here this
evening, some members are interested
from material point of view. l don't
own any Providence company stock. nor
do expect TO own any In the Home COM
pany" He referred to the big railroad
merger and said he spoke for the small
dealers and working people who needed
service.
CITY SOLICITOR SPEAKS.
Councilman Parsons asked City Solicitor
Bakers opinion as to whether the pro-
posed ordinance would grant perpetual
franchise.
Mr.. Baker said that he did not find any
thing in the proposed ordinance that
granted a perpetual franchise. The city
has no legal right TO grant such a fran
chise. and even II this ordinance pur-
ported TO grant such a franchise II would
only be binding for the limited term of
q years. as conveyed by the chapter
of the public statutes. under which II was
drawn. lBtN under the ordinance this
franchise is only OF six years. BY these
terms there is no intention to provide for
a continuance longer than for that period.
City Solicitor Baker said that the legis-
lature had given the city authority to
grant a limited franchise and IL was un-
derstood by the committee and the Provi-
dence Telephone company that II no new
contract was entered into between the
two parties the proposed ordinance
would cease to be in force.
Councilman Bixby said he was opposed
to maintaining in the proposed ordinance
any provision that had even the slightest
semblance of a perpetual franchise. AS
the sl20 rate had not been fully consider
ed. Mr.. Bixby thought that II should be
referred back to that committee for fur
ther consideration.
Councilman Kelso favored a recommit-
tai so that the committee could consider a
measured system. which he thought to be
the only equitable one.
Mr.. Flynn asked the city solicitor
whether IL no notice was given for the
termination OF the contract the franchise
would not continue in force indefinitely.
City Solicitor Baker said that under no
| circumstances could the franchise be con-
| tinued longer than provided for by the
| limitation of chapter n of the general
| could not exceed 25 years
| NOT RECOMMITTED.
| A roll call vote to recommit the report
| to the committee was then taken with the
| following result:
| Ayes-Baker, Bixby, Donovan, Durfee,
| Evans. Flynn, Halton. Kelly, Kelso.
Morse, oNeil. Rattigan. schofeld. Sears.
| Sullvan-15
Nays-President Balch, Carpenter, Cow
ell, Darling, Daw. Earle, Grimwood, Hall,
| Heath, Littleheld, Miller, Moore, Moulton,
| McCaffrey, McNamee, Parsons, Pearce.
| Presbrey Rogers, Sweet, Taylor. Waite.
| Walch-23
| Mr.. Baker suggested an amendment TO
! section of the proposed ordinance pro-
viding for the suspension of the present
| franchise OF the Providence Telephone
company until the expiration OF the six
| year franchise, which was presented in
| the report OF the committee.
| Mr.. Bixby favored striking out the en-
| tire clause and making the franchise ex-
pire six years from Dec. i without any
| action by the council.
Mr.. Flynn moved that the amendment
| be referred TO the committee on ordi-
nances and upon a roll call this motion
was lost by vote of "a to IL after Presi-
| dent Balch had explained that reference
would carry the whole question over to
| the next meeting. The amendment was
| then adopted.
Mr.. Carpenter moved that the ordinance
| presented by the committee be adopted as
| a whole as amended.
| Councilman Sears thought that under
rule 16 the amendment made 1t necessary
| that the ordinance go over and be read
| at the next meeting.
| President Balch ruled against him on
| this point and he appealed.
The president was sustained on a viva
voce vote
Mr.. Morse said he hoped that the ordi-
nance would not pass, as he did not think
| that the reduction made by the Provi-
dence Telephone company was commen-
surate with the franchise offered He
wanted TO know II Providence would have
any worse telephone service or any high
! er rates than at present.
Mr.. Carpenter said he couldn't answer
! this question.
The ordinance was adopted by the fol-
| lowing roll call vote:
VOTE ON ADOPTION.
| Ayes-President Balch. Messrs. Baker,
| Bixby. Carpenter. Covell Darling. Daw.
| Durfee, Earle. Grimwood, Hall. Heath,
! Littleheld. Miller. Moore. Moulton. Nc
| Caffrey. McNamee, Parsons. Pearce.
1 Oft