Los Angeles herald., 1909-08-18
TRIO OF CITIES
UNITE IN FIGHT
OVER TELEPHONE
POMONA JOINS LOS ANGELES
AND PASADENA
CAN STREETS BE USED WITHOUT
PAY? is QUESTION
Supreme Court Will Be Asked How
Far Corporations Can Usurp
Highways of Munich
palities

palltleS
At LEAST three municipalities of
u Southern California have COM
"A bined to discover, by decision OF
the highest courts of the land, how long
the Pacific Telephone and Telegraph
company, popularity known as the Sun
set, shall be allowed to usurp the use of
city streets for their poles without
paying a reasonable rent to the mu-
| nicipality in the shape of franchise.
The city of Pomona came into line
with Los Angeles yesterday after adj
dresses had been made to the Pomona
board of trustees by Mayor George
Alexander and City Attorney Hewitt of
Los Angeles and Mayor Thomas Farley
and City Attorney Perry Wood of
Pasadena.
The result Of the conference was an
agreement passed by the Pomona
board of trustees that the famous
Sunset telephone franchise case shall
be carried to the United States SUI
preme court. Under the agreement the
city of Pomona will pay all the costs
of the case, while the cities of Los An
geles and Pasadena will bear the bur
den of the attorneys fees.
Entire State Interested
The decision of this case will mean
much to all the cities in California.
| 1t will mean a final decision as to
whether the telephone corporations
have right to plant poles on munich
| pal highways and then refuse to pay
for a frar chise as reasonable rent for
| their use.
1t will mean much for the city of
/ Los Angeles In six years the franchise
under which the Sunset company is
operating in this city will expire. The
decision rendered by the supreme court
will tell whether the company shall
control the city streets of Los Angeles
or operate its business according to
rules and regulations and rentals laid
down by the servants of the people in
| the city council.
! 1t will mean an answer to the queS-
| tion raised in Pasadena when after
a refusal on the part of the Sunset
company to pay tax on poles erected
on the highways, City Attorney Perry
Wood ordered the wires cut and the
order was obeyed.
Pomona Demands Rights
The city of Pomona contends that it
has the right to impose pole tax
upon the company for pole lines within
the city and the company claims that
under the telegraph act of 1872 it has
right to use the streets without fran
chise simply paying gross earning
tax to the state. Judge Wellborn up
held the city when the case was nrst
tried, but the court of appeals reversed
him when it was appealed. Now 1t VIII
go to the highest court of the land
Here is the situation in a nutshell,
said Attorney Perry Wood at Pasa-
dena, who has been prime mover III
the fight, last evening. Pasadena
already is at war with the Sunset Po-
mona is insisting on the company
taking out a franchise and paying for
it. Both of these propositions are met
with arrogance on the part OF the teie-
phone company and rigid and con-
tinuous disregard of municipal laws.
"In Los Angeles the Sunset fran
chise will expire in six years. Today
that franchise is big asset to the CITY.
If the company wins its contention TINS
asset will be wiped out and the people
will be at the mercy of the corpora
ton. Prior to 1898 a perpetual fran
| chise was claimed by the corporations
We contend that this ruling is invalid.
WeIlborn's Ruling Reversed
"In the suit brought by Pasadena,
Judge Wellborn, in the United states
! district court, ruled in our favor. This
ruling was reversed by Judge Erskine
| M. Ross and one of his colleagues in
the United States circuit court of ap-
peals. with one of the three judges dis
NOV we believe that, with hands
Joined together, Los Angeles, Pasa-
! dena and Pomona can win victory
that Will mean much for every mu-
nicipality in the state as safeguard
against encroachments by the tele-
phone corporations"
The resolution passed by the Pomona
board of trustees yesterday is as fol-
lows:
| whereas, The board of trustees OF
the CITY of Pomona is advised by its
counsel and by counsel for the cities or
| Los Angeles and Pasadena, respective
ly, that in the opinion of said counsel
| the Judgment of the United States cir
cult court of appeals in case No. 1878,
entitled Sunset Telephone and Tele-
graph company VS.. the city of Pomona
| ct al. is. in the opinion of said coun-
| sell erroneous, and that proceedings
should be taken for rehearing in SAID
court and, if necessary. for review of
the Judgment of the United States cir
cult court of appeals; and,
Issues Are Important
"Whereas, The issues involved in said
action are of large Importance, not
onlv to the city of Pomona but to the
| citizens of California in general, in
volving, as they do, claims by tele-
phone and telegraph companies which,
! il substantiated by the highest courts,
will result in vesting In the streets of
many cities of this state perpetual and
gratuitous franchises to such corpora
! tions, and deprive said cities of the
! right to collect compensation for the
use of their streets by such corpora
tions; and,
"Whereas, The cities of Los Angeles
and Pasadena are vitally interested in
the correct determination of said issues.
and have offered the assistance of
counsel from their respective legal de-
partments, to be associated with thu
city of Pomona and Robert j. Loucks.
attorneys of record in said action, in
proceedings looking to a rehearing in
said action in the United States cir
cult court of appeals, and upon appeal
to the supreme court of the United
States from the decision already rem
dered by said circuit court of appeals
If not reversed upon rehearing, and
Agreement Is Ratified
whereas, Said offer is made with
the understanding that the city OF Po-
mona shall pay the costs and ex-
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