The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-12-02
AMENDED J! ANSWER FILED
BY Attorneys for the De-
fendant.
1t 10 Asked That Petition Of Plain.
tiff be Dismissed and the Tenn.
porary Jnjupcticn be Dissolved.

In an eHoIt W Suow Ios
telephone company is a common
carrier. the Marion County Tele-
phone company, Saturday afternoon
filed an amended answer and cross
petition in the Injunction suit
brought in the court of common
pleas by the United States Tele-
phone company.
Through Its attorneys, Crissing-
er 4 CUTLERY, the Marion County
company expresses the peiief that
the United States company has
entered into q written contract with
all persons and companies except
the Marion County company, to
furnish long distance service for
nine years. The Marion County
company DECLARES that the refus-
al of the United States company
to transmit the messages of the
local corporation is against public
policy and the laws of the state.
The entire local telephone situa-
ton is reviewed in this amended
answer and cross petition The
Marion County company admits
that 1t is corporation organized
under the laws of Ohio to operate
a telephone system in this and ad
joining states and admits that the
United States company Is organized
for the sole purpose of furnishing
long distance telephone service.
The plaintiff company, it is al
legged. was organized in 1893 un
der the name Of the Union Subur-
ban Telephone & Telegraph CON-
pany and the same year changed
its name to the one that It now
bears. BY reason of It's charter II
became possessor by right of emf
nent domain Of the privilege to
operate a telephone and telegraph
system with the, public and any
and all other telephone plants and
exchanges. Since 1S0Sr 1t is alleged.
the United states company has
used the public highways IN every
county OF Ohio and for that rea.
son has become common carrier
of long distance telephone mes
sages. The Marion County COM
pany admits that 1t is engaged in
the business of receiving and trans
mitting long distance telephone
communications of the public as
common carnier. 1t admits that
1t makes connections and delivers
communications originating on its
lines and circuits to the plaintiff
company and the other defendant
company. the Central Union as
well as any other company that
may desire to make connections. II
Is alleged that until October %.
1907, such messages we're accented
by the United States company and
transmitted over its long distance
wires.
1t ds stated that the United
States company has five long dis
tance telephone circuits over the
pole lines of the Marion County
company and now refuses to re-
ceive and transmit wire telephone
communications transmitted by the
Marion County company.
BY imposition and deceptive
practice on the court 1t is charged
the United States company, falsely
pretending and alleging that the
Marion County company was about
to remove its circuits from the pole
lines, obtained temporary re-
stradning order preventing the de-
fendant from interfering with the
wires and circuits of the United
States company sought to discon-
or this restraiing order. the United
states comappy sought to discon.
meet its wires and circuits from
the Marion County company's ex-
change and establish booths In the
city, separate from the independ-
ent exchange. This the United
states company win do. It is al
legged, unless restrained by the
court The answering defendant
ADMITS the existence of a contract
between 1t and the United States
company but claims that it has
faithfully carried out its part
OF the agreement. All allegations
to the contrary are denied.
In Its amended cross petition.
the MARION Comfy company says
that 1t operates q telephone ex-
change In Marion. tosether with
exchanges in Waldo. Moral and
Green Camp, all Of which are con-
nected. by long distance service
with the central exchange of the