Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-03-31
Council in Committee of Whole
Unanimously Decides on a
Favorable Report
TO BE MADE THURSDAY
Adoption of General Ordinance, and
- Franchises for Both Companies,
Is the Outlook.

action which indicates that the plan
heretofore referred to by The Argus
as under consideration for the settle
ment of all phone matters, is likely to
be carried out. The committee unan-
imously voted to report favoraDly on
the three telephone ordinances, and
the mayor has arranged to call spe-
cial meeting of the council Thursday
evening for the purpose of hearing the
committee report, and of having the
ordinances properly come before the
council The ordinances will then i'll
all probability be laid over under the
rules, and come up for adoption at the
regular session of the council Monday
evening, and from present indications
all three ordinances will be adopted at
that time.
The Proposed Action.
The proposed measures which it ap-
pears now will be adopted, are A gen.
eral police ordinance fixing the rates
of telephone service in the city at $50
for business phones and $50 for resi-
dence service when the company has
1000 phones, and $50 and s27 when
the number of subscribers is less than
1000; a 25-year franchise ordinance
for the Union Electric Telephone &
Telegraph company, with maximum
rate clause of $52 and S27, union la
Dor and S-hour day provision. and pro-
viding for the automatic exchange;
and aA25-year franchise ordinance for
the Central Union Telephone company,
practically the same as the company
proposed to accept a year ago, con-
tanning no rate clause, and no union
labor or eight hour day provision, the
ground, etc, ard defray the cost of
litigation so far.
The general police control ordinance
is drawn along the line of an intima-
ton in the opinion of the supreme
court In the Moline telephone litiga-
ton that il the city has the right to
control rates, it must be by general
ordinance applicable to all telephone
companies.
The motions to report favorably on
the three ordinances were made by DR..
Louis Ostrom, alderman of the Sew
enth ward, who has been the leader
in the effort in the council to protect
the public by preserving competition
in the telephone field here. The mo-
tions were readily seconded, and all
were adopted by unanimous vote. The
motion for favorable action on the
Union Electric ordinance embodies the
reconsideration of last Mondays &C
ton and favorable action instead on
the ordinance.
The meeting was presided over by
Mayor Schaffer as chairman.
The Legal Phases.
At the request of City Attorney J
F. Witter, S. R. Kenworthy, who has
been connected with the litigation OF
both Rock Island and Moline against
the Bell company, was present and
discussed the legal phases of the pres
ent situation. OF the police ordinance
he expressed some doubt, stating thai
he believed that if the companies &C
cept the franchise ordinances with
knowledge that the police ordinance
is in existence. they will be bound by
its provisions, but in order to hold the
Bell company absolutely to the term!
of this rate provision, he suggested
that they be required to sign an &C
ceptance covering this measure as
well as the franchise ordinance. Mr.
Kenworthy intimated that in his opin
ion the city has no right to contrO
the rates to be charged between Rocl
Island and Davenport and Rock IsIant
and Moline, except in the franchise
measure, although he believes that tn
city at any time has the right to cor
troll the rates to be charged withi
this city.
You may reap another litigation
by endeavoring to enforce this polio
ordinance" he said, but it was sus
gested that even should this be true
the cost of the present fight would i
the meantime have been paid by tn
Central Union, and the city shoul
enter a new litigation with old a.
counts wipes out If the company di
not see fit to abide by its verbal a
surance that 1t will live up to the pr
visions of the police ordinance.
He called attention to the Iact tn;
while the question has been raise
In various cases in the Peoria ar
Galesburg gas cases, and the Molir
and Rock Island telephone suits, as
whether the city can control the rat,
to be charged by public service &C
porations. the litigation has never pr
ceeded far enough to have the que
ton determined
Outlines Litigation.
Mr.. Kenworthy, with the explain
tion that in his opinion few people
Rock Island know just what the cha
acter of the city's litigation is, to-
occasion to briefly sketch the procee