Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-03-10
Telephone Ordinance Laid Over
Till Next Me, ting by City
Council.
WISH TO STUDY ITS EFFECT
Ordinance for Construction of Sewer
in District No. I Unanimous
Iy Adopted.

trio Telephone & Telegraph company
was formally presented to the city
council last evening, and after some
little discussion, was laid over to the
next meeting. there being objections
to a vote at the meeting last evening
The ordinance is practically the same
as the draft which the council has had
under consideration for some tim,
only minor changes being made. The
measure was read by Mayor Schaffer,
and formally presented by Alderman
Lawler, chairman of the ordinance COM
mittee, who moved its consideration.
At the request of the mayor, City At
torney ]. F. Witter briefly analysed
the opinion of the supreme court in
the Moline litigation with the Central
Union, and again argued for delay i'll
acting on the Union Electric franchise
on the ground that the question of
rates involved in the new company's
ordinance may prejudice the city's
case with the Central Union.
Mr.. Witter was asked by Alderman
Ostrom as to what the supreme court
said on this rate question, and replied
that the court holds that if the charg
ing Of eXorbitant rates is in violation
of the ordinance, it is cause for repeal
ing the ordinance. The court, how
ever, holds that the ordinance con
tains no provision as to rates, and that
therefore this can not be considered
in the legislation, and states fatty
that the proper manner to control the
rates to be charged by the telephone
companies is by a general ordinance.
There seems some misunderstanding
as to the present situation as to this
question of rates, and the city attor-
ney did not make the matter clear as
to the supreme courts views on the
subject.
The court says 1.-The city could not
| impose new or added conditions not
contained in the ordinance and forfeit
the license for failure to comply
with them. If the city has pow
regulate and control the service to the
public and compel the defendant to
furnish adequate and proper service
at reasonable charges, the power must
be exercised by general ordinance COW
ering the conditions and applying
equally to all telephone companies"
Holds DeI-y Useless.
The city attornes vas subjected to
a fire of cross examf, ion by DR.. Os-
from. who maintains that the city's lit
| igation with the Central Union has no
| fuith
before the council
DR.. Ostrom maintained that the dam
| age, if the city's case may be prejl-
diced by the rate situation as regards
the new company, has already been
done. He holds that the communica-
tons to the council showing that the
new company has been unable to do
business at the rates charged are sui.
!, ficient in court, and the adoption of
the Union Electric ordinance will not
alter the situation.
i DR.. Ostrom, by his questions to the
city attorney, brought out the fact that
the city must still show that it had
cause to repeal the franchise of the
raj Union, and that the process OF
proving this point may consume years
in the courts. The case at present is
/ lying dormant, in the circuit cou and
can not be taken up until a new as
ter in chancery is named, and peri Is
not for several months later. After
the master has passed on the case
months more may be consumed in the
circuit court, and then an uncertain
4 period of time will be required to final
ly determine the case in the highe
I courts.
4 'The delay in this case appears t,
me-" said DR.. Ostrom, ito be an un
4 derstanding among members of the lie
4 gal fraternity with a view to mulctin;
the city for legal fees in the litiga
ttion"
Suppose that, in the meantime
d while the Central Union case is pend
ing, the new company goes out of bus
4 mess, what has been gained?" aske
DR.. Ostrom
After some little time had been spen
in the discussion, Dr. Ostrom move
8 that the matter be laid over.
District No. 1 Sewer.
d The ordinance for the constructor
8 of the sewer system in district No.
& of the southwest sewer system wa
) adopted by unanimous vote. The ord
d nance, which was presented by Alder
q man Lawler, provides for the constru,
& ton of 24-inch drains. The district
E between Twenty-second street and th
8 alley between Fourteenth-and-a-h a
and Fifteenth streets, and betwee
Ninth and Eighteenth avenues. TIL
! city engineers estimate OF the cost
& $12,456.50 The city's portion will b
about $1,000. This is the second Sc
tion of the southwest system to b
provided for. The sewer in distrit
No. was built last year, and the on
B provided tor last evening is to come,
Is with this section.
n Under Park Board.
A resolution offered by Alderma
II I'LL H.