The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-09-24
Kenosha Home Telephone To Con.
test Any Effort Of Council To
Interfere With Business
WILL CUT OFF PHONE SERVICE
Company's President Claims That the
Company Will Welcome an Appeal
to the Railroad Commits
sion on Rates

The Kenosha Home Telephone Com
pany is planning for fight with the
Kenosha City Council and James
Cavanagh, the president Of the com
pany, announced yesterday that the
company would oppose in the courts
any efforts on the part of the Council
ITO force the company into giving
the city free telephones. Presi-
dent Cavanagh declared that the com
pany was not looking for a fight from
the city, but that if the city declared
war the company would be ready and
willing to defend it's rights. "The
company" said Mr.. Cavanagh, "has
not Of it's own volition cut off the free
service that had been furnished to the
city, but this service has been cut off
at the orders of the Wisconsin Railroad
Commission and in keeping with the
provisions Of the public utilities law.
do not know Of any manner in which
the company could continue to furnish
the city with free telephones. The
company would probably be willing to
continue the free service, but if the
company should continue under the rul-
ing of the Commission it would lay
| it's officers open to prosecution for viola
! ton of the orders Of the Commission. "
Mr.. Cavanagh expressed doubt as to
whether free service was being given
in Racine or any other cities. He de-
clared that if the city refused to pay
| the bills that the company had pre-
sented for service the only thing that
could be done would be for the company
to order the service discontinued and
that then the city could take the mat
ter into the courts. In speaking of
the order of the city to remove poles
in different parts of the city, Mr..
Cavanagh said: "The law fully pro
tects us in the setting of these poles
and it shows just what rights the city
has to order their removal The com
pany's officials will be ready to accom-
modate the city in every way possible,
but if an effort is made to force us in
to giving free telephones by directing
the indiscriminate removal of poles we
would simply invoke the law to pro-
tect our business in Kenosha."
It was stated that some of the mem
bers of the Council had planned to lay
the matter of the rates now being
charged in Kenosha before the State
Commission and in regard to this Mr..
Cavanagh said: "The officials of the
company would certainly welcome an
investigation by the Commission at
this time and it is probable that raise
in the rates will be made in order to
give the people better reason for
taking the matter before the Commits
sion. The Kenosha Home Telephone
Company has now been in business for
five years and in that time it has paid
| to it's stakeholder just one dividend
amounting to total of one per cent.
We feel certain that if this is taken
before the Commission we will be
granted the right to increase rather
than be ordered to lower the rates
charged in Kenosha The State Rail
road Commission will give to this cor
poration the right to earn six per cent
on it's investment.
! Under the orders of the Council the
company was to be given thirty days
to make the changes in the setting of
the poles, but no time was stated for
the investigation of the bills for tele-
phone charges. The company itself
will demand that these bills be paid
within thirty days or it will discontinue
service. 1t is pretty certain that the
city cannot get along without the use
Of the phones am It is probable that
under the law and the ruling of the
State Commission the city will be
forced to pay the demands of the com
pany.
In the meantime members of the
Council are looking into the claims that
free phones have been granted to Ra-
cine and other cities and if this is
found to be fact the city will fight
the matter out in court
It is claimed that under the old
franchise provisions under which the
the Citizens Company laid the lines now
being used by the Kenosha Home com
pany that the city must have the phones
free or have the right to order the
wires removed. The attorneys for the
company claim that the company has
right to stretch it's wires and cables
/ by the provisions Of the state law re-
CARELESS of any franchise that may
have been granted. This is said to be
the ruling Of the Supreme Court of
the state in the matter.