The Montgomery advertiser., 1907-05-03
BELL COMPANY WINS
CITY IS ENDOWED BY JUDGE ToUL-
 MIN.
Telephone People Have Mobile Authori- ties Restrained From Interfer-
 ring With Their Wiring
 The Case VIII Re Ap- uealed.

Mobile, May 2.-(Special) )--In the case of the Southern Bell Telephone and Telegraph Company vs. City of Mo biie, ct al Judge H. T. Toulmin, in the United States Circuit Court today rendered an opinion sustaining the complainants in the fight to prevent the city from interfering with poles or to prevent them from stopping them in replacing poles cut down oy citv Electrician Chamberlain on orders from the mayor of the city.
 The city grants the Telephone ana Telegraph Company a permanent in- function and declares two ordinances regulating the erection of poles null and void.
 An injunction pendente lite was granted City Attorney B. B. Boone when seen, said: Tt is a sweeping vic- tory for the Bell Telephone Company on every point In all prooaolnty 'ne no Citv of Mobile will take an appeal 10 the United States Circuit Court of Ap- peals
 Notice was given by the Board or Public Works at a meeting held tnls afternoon that the Bell Telephone case will be fought to. finish in the courts.
 City Attorney Boone reported to the board that the opinion handed down by United States Judge Harry Toulmin or Mobile, was against the city on every point, and he asked what was the pleasure of the board. He said he thought he had sood grounds to file an answer to the oplh, ion. setting up broader defense' anu also cross bill praying for man datory injunction compelling the Tele-
 phone Company to remove their poies if the city cannot remove them, the matter to be taken before the united states Court of Appeals at New or leans. The city attorney received the authority to do this and MT. Boone
 said he would get busy right away.
 The city attorney suggested that the police be instructed to look after vio- Iations of the police regulations that the company is charged with, and TUT ther recommended that the board asK the council to compel the Bell Tele- phone Company to put Its wires un- derground. Regarding this suggestion, tha members of the board thought there could be no discrimination be- tween the companies. and this sug- aestion was dropped for the moment.
 The board discussed the new law compelling property owners to cut their sidewalks down to the new | grades, and decided to have speciai meeting of the council called for Tues | day night at T:30 o CLOCK to JochSA list of down town people wno may be made to take action Immediately. The board will take formal action on the
 matter Tuesday evening at 6:30 o'clock. l II will explain things to the council at l ' o'clock and the council will be sup nosed to take action by 7:30. Louis Bart made a report on shade
 trees He said that out of 15O trees
 thirty one had been destroyed and sev- en crippled by miscreants. and he said that those remaining could be saved. in his opinion, by an investment of $136 In boxes. He said the silver maple trees were not damaged, only the pop lar. He was appointed a committed
 of one to lok after the shade trees. and protect them.
 Attorney Sullivan presented petition from St. Joseph Street residents asking that the paving on St. Joseph Street be finished The Board promises to take the matter up in the next paving con tract.
 MT. Lyons asked for A grade on La fayette Street so he could spend sl,200 or sidewalks.
 The Board promised him the grade
 for such a large amount of sidewalk l improvement as soon as the work could
 be done.
 1 MT. Brooks reported that Mir. Keeny
 who lives at the northwest corner ot ! Texas and Elmira Streets, was com