Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-07-14
8AY9 HERMAN ORDINANCE CAN
NEVER BE ENFORCED AND
He KNEW IT.
HAS ALREADY BEEN
OVER PHONE BOOKS
Council Holds Herman Ordinance in
Allegiance, as Per Agreement, and
President Moore, of Company, Says
Old Rates Will Be Charged During
Next Two Months. !,

before the council Wednesday night
the telephone situation, and the request
of the citizens committee that the
streets and alleys committee of the
council be named to meet with the
citizens committee Of five to go thru
the telephone company's books, Mayor
Ingledue made the first public state
ment as to why he had not signed the
Herman ordinance regulating rates Tor
party lines and telephone accessories.
II didn't sign the ordinance" said
the mayor, because I am satisfied the
Ordinance can never be enforced. !
didn't wish to veto it, and therefore let
the ordinance become a law without
my signature / had been over the
books of the telephone company long
before Mr.. Herman ever introduced
his ordinance, and I am satisfied from
the knowledge I have that the ordin-
ance would be defeated in any court
YOU take 1t to. didn't want. thru any
aid OF mine, to Pitch the council into
lawsuit that would drag on for four
or Ave years, and still I didn't want to
go against the council by vetoing the
ordinance.
Thinks Compromise in Sight.
::Tne only good that l can see In
1.-THE Joint committee will be that when
the committee gets into the books of
the company, and finds out the situa-
ton, a compromise will be reached and
thus save the city litigation. think
the committee should be appointed"
But Not Streets and Alleys.
Mr.. Herman's motion was that the
council designate the streets and alleys
committee to act with the citizen
committee, In accordance with the
sense of the citizens meeting, and also
because the city ordinances say that
the streets and alleys committee shall
have control over telephone companies.
Psenicka amended the motion to haye
the judiciary committee, together with
the mayor and city solicitor. act in
stead Of the streets and alleys. The
amendment lost, with Clark and Her
man supporting 1t, and the First and
Fourth ward councilmen also voted
against the motion as amended.
Attention was also called to the
agreement made between the citizens
committee and the telephone company.
! concerning the action Of the council. in
holding the Herman ordinance in abey-
sence during July and August, provid-
,,R the company would restore the old
rates during those months. City So
licitor Northup also said that he in
tended withholding the filing of the
city's suit against the company until
the committee had time to act.
Council Takes Formal Action.
Formal action by the council was
then taken, to the effect that the Her
man ordinance would be held In abey-
ance by the city council during July
and August, and that no action would
be taken to enforce the ordinance pro-
viding the company did not collect the
Increased rates.
Mayors Says Its Up to Him.
The mayor was inclined to ridicule
the action, altho he said 1t would do no
harm. Ingledue declared that it was
not up to the council to enforce the
ordinance, but the mayor, and the COM
pany should make its peace with the
mayor.
McCarten thought that il the COM
pany would not collect the advance
rates there would have been no need
Of the Herman ordinance, and conse-
quently no need OF holding it in abey-
ance. McCarten looked upon the ac-
tion in the light Of joke.
+, Herman Fails to Sec Joke.
Mr.. Herman, however, was not able
to see any joke OF any kind in the tele-
phone business. and with great feeling
he said that he introduced his ordf-
nance in good faith. and that it was
passed in good faith. ''You treat it as
q Joke" he said, "and we are all a joke
before the people. This council should
be tho last body Of men In the city to
treat this as q joke. II the mayor saw
at not to sign my ordinance, that's his
business. thank YOU for the laugh,
anyway
Members Of the council explained
that there was no intention Of making
light Of MI. Herman's ordinance, but
OF the action before the meeting. of
holding the ordinance in allegiance. On
this motion all voted aye but McCar-
ten.
Company Ready to Act.
W. II. Matthews, 1908 Summit street,
teisphoned the T.-R this morning that
he had Just paid his telephone bill I'M
der protest. His bill, for party line
service, was made for $50, so cents
more than the old price, Or $1.25 with
the rebate. He paid the $125 under
protest. According to Mr.. Matthews
the collector said that the company had
never made any agreement with any
citisens' committee. and Mr.. Matthews
wanted to know about It,
President Moore. OF the telephone
company, was told OF the complaint
and said that he had had no notifica-
ton whatever Of any action on the
part Of the council In keeping It's end
OF tho agreement, and until he was
70 notified the new rates would be de-
manded. whenever the council noti-
fes me that 1t stands ready to do as
i was agreed, just so soon will we begin
10 collect ON the old basis Of rates dur
Ing July and August said Mr.. Moore
Later Mr.. Moore said that his at
torneys had been informed Of the coun-
ellis action, and that if the resolution
was satisfactory, as he supposed It
was, the old rates would again be eff
festive.
NJ. Moore said that the dismissal Of
suits against the company was also a
part Of the agreement, and that he had
not been as yet informed as to the
Neeker suit. Mr.. Moore was informed
~ mn T.-TI iil1t u ssss .M.eleer case had
hsea centtnued this morning for thir-
= aayi S.