The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-07-23
Judge E,Oans' Decree in
Telephone Injunction
Sur Against The City

at Is the intention OF this judg-
ment to give the city OF Paducah the
option of permitting the present
status to remain perpetually or elect
to enact its agreed upon ordinance
and fairly to put II in force" is the
wording of the decree entered by
Federal Judge Walter Evans in the
proceedings of the East Tennessee
Telephone company to enjoin the
city from interfering with the COM
pany's rights to use the streets for
It's business.
The decree was first drawn by at
torneys for the telephone company
and then revised by Judge Evans be-
fore II was entered. In effect, II not
In wording, II is a duplicate of the
compromise decree offered BY the at
torneys for the company, and reject
ed by the general council, except that
II does not settle money differences
existing between the city and COM
pany.
II specifies In terms that II Is not
meant TO interfere with the city's
right to regulate the manner OF plac-
ing poles and stringing wires in the
streets. or the clty's right to regulate
rates, so they are reasonable; but re-
serves TO the company the right to go
to law about any attempt Of the city
to regulate the rates, and protects
tho oOuanan, IN uarnat,,of nn,vnono,.
OF the streets unless the city gives II
the kind OF franchise II demands and
was agreed to by a councilmanic
committee.
Members OF the general council,
who declined the proposition. now
say the city Is no worse of than Il
would have been under the proposed
compromise, whereas, by the compro-
mise the city would have been
estopped to deny that the company
has a perpetual right TO use the
streets. the city is now in a position
to appeal II It is deemed advisable.
The Decree.
The decree follows:
This cause having been heard
upon the pleading, exhibits and evil
dence and the arguments of counsel,
and the court being now sufficiently
advised. delivered an opinion in writ
Ing, which Is filed. and pursuant
thereto II is ordered. adjudged and
decreed by the court that the right Of
East Tennessee Tele-
phone company. a corporation under
the laws OF Kentucky. under It's con-
tract TO maintain and operate a tele-
phone exchange In the city OF Padu-
cab and 10 erect poles and stringing
wires thereon In connection with
such exchange, Is hereby upheld and
as against the effort OF the
defendant to impair said contract.
and the defendant, city OF Padueah,
having. as shown by record, failed TO
carry out agreement OF compromise
entered into between II and COM
plainant, though receiving part of
proceeds OF said compromise, the
said city OF Paducah. its officers,
fAhRiOetH All ONutI pti-
sons are hereby enjolned and re-
strained from interfering with or OBJ
structlng the complainant in operat-
ing telephone exchange in said city
and In connection herewith erecting
poles and stringing wires thereon
until the defendant city shall duly
enact and put into force an ordinance
in the exact form and OF exact sub
stance agreed upon between parties
as set forth in bill or complaint and
also until unae- suchl ordinance the
franchise therein referred to has
been fairly and in good faith been
sold in way therein provided for; but
nothing herein shall be deemed or
taken to interfere with the power OF
defendant. city of Paducah, in all
reasonable and proper ways to regu-
late such Setting of poles and string
ing wires in legitimate exercise of
police power as Affecting said phone