Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1908-04-14
CUMBERLAND MUST
BUY A FRANCHISE.
CONTINUED FROM FIRST PAGE.

E6NOkCU dIlu tic uSluiSb NNhiP"hJ
poles and wires declared to be a nui
sance Aug. 5, 1887, after due notice
and an exclusive franchise was solt
to S. H. Turner & Co. This franchise
for Is years, was sold to the Cum
berland Telephone & Telegraph Co
in 1893 and expired by limitation
Aug. 5, 1902. In July, 1902, tn
Cumberland Co. asked for the salt
of a renewal franchise and one wa
advertised and offered for sale con
tanning certain restrictions. The
Cumberland refused to bid on the
franchise, but announced that II
would run without further franchise
than the permit to the defunct East
Tennessee Co. granted in 1882 and
revoked in 1887, before its own ex.
elusive franchise was granted.
The constitutional limitation of 20
years on all franchises now operates
against the permit of 1882 and the
franchise of 1887, even if they had
not otherwise ceased and expired.
The ordinance granting, or attempt
ing to grant, a contract in 1902 was
in conflict with the constitution,
could not, if valid, include a con-
tract binding future councils and
could not grant a license extending
beyond Dec. 81, 1902.
In view of all these facts, the al
legged contract of 1902 is the only
claim the Cumberland has to fall
back upon under any construction
of the law. This being illegal at the
start, having expired by limitation
several years ago, and not renewed
for more than five years, has no
binding force whatever.
The contract as originally made
provided for a monthly rental SER
vice. It's provisions are being con-
stantly violated by the Cumberland,
which will no longer furnish service
by the month to all patrons, but de-
mands yearly contracts, payable
monthly.
1t provided for service as favora-
BILE as that enjoyed by other cities,
with uniform rates. The Cumber-
land is violating this provision by
discriminating against patrons, some
being required to pay $3.50 and
others 81 per month for the same
service. An instance was reported
to the council where it was desired
to change the name of the subscrib-
ers without moving the phone. The
old patron was paying $3.50, the new
one was required to pay 81 and sign
a contract for year. Tenants who
have these contracts and have to
give up rented houses are charged
$3.50 for moving their phones to
new locations. Persons who leave
home for the summer cannot deduct
for service not given. These instanc-
es are mentioned not that they
were considered as bearing on the
lack of a franchise, but to show that
the contract the council of 1902 at
tempted to make has been so fla
GRAVITY violated that three of the
present councilmen, who voted for
the former ordinance, voted for its
repeal, as did every other member
of the council, after an exhaustive
legal opinion bearing only on the
legas aspects Of the case had been
read and carefully considered.
The meeting was not an executive
session, as has been stated. No.one
was excluded and some citizens were
present. Other business was trans
acted. Bids received by the COM
mittee in the matter of contracting
for a 50.inch sewer on Tenth street,
were submitted to the council by
Chairman Lucian H. Davis. The
bid Of Gus H. Moore, Jr., was the
lowest for concrete and that of Dali
ton Bros. for brick. being SO, 931 and
So, 972 respectively. There were six
other bids. A motion was passed
the city attorney to confer
with the city engineer and the sewer
committee and prepare a contract
for the sewer and draft an ordinance
authorizing the expenditure.
List your real estate for sale with
j. F. ELLIS.