The Caucasian. (Shreveport, La.) 1900-192?, 1911-10-05
STREET EXCAVATION
Opinion of City Attorney as to Legal
Rights of Cumberland Company to
Operate i'm Shreveport.

Iln1OFlildLlOn as 10 TIE legal IISilLS
Of the Cumberland Telephone and
Telegraph Company to operate iii
Shreveport, would advise:
The local manager of the COM
pany, Mr.. Baird, writes me i'll ans
wer to my letter to him, that his
company is the present owner Of
three franchises, one granted to the
Great Southern Telephone and Tel
egraph Company, one granted to the
Citizens Cooperative Telephone
Association and one granted to the
Shreveport, Red River and Natchi-
toches Telephone Company.
The franchise to the Great South
ern Telephone and Telegraph Com
pany was granted by ordinance
passed October II, 1886 (See Coun-
Gil minute book H." page 81. This
franchise was for period of
twenty-five years and will there
fore expire on the 14th of this
month.
The records show that on April
10, 1899. petition was filed re-
way through the strets and pub
lie thoroughfares of the city by
the Shreveport, Red River and Nat
chitoces Telephone Company for a
period of twenty-five years, and
that said petition was referred to
Franchise Committe, although at
the same meeting an ordinance was
introduce granting the franchise as
requested.
The minutes show that on May i6.
i899 the Franchise Committee re-
ported as follows:
"The Franchise Committee, to
whom was referred the application
of the Shreveport. Red River and
Natchitoches Telephone Company,
Limited, for certain franchises in
the city, made its report as follows:
: To the Mayor and City Council:
We. your committee on franchises,
have examined the petition of the
shreveport, Red River and Natchi-
toches Telephone Company, Limited
and would respectfully report fav-
|orably on same and ask that our
city attorney be requested to in
vestigate and add any protecting
|elauses necessary to the grant, and.
also, with the proyiso that no poles
or wires be placed on Texas Street
nor Texas Avenue except where it
is necessary to cross them, and that
all work be done under the direc-
ton Of the Council and City Engin-
|eer. (Signed)
ABE MEYER, Chairman,
A. S. TOOMBS.'
Just below this report the min
utes contain the words adopted by
the following vote manning all the
councilmen as voting Yea This
was clearly an adoption Of the re-
port OF the committee, which advis-
cd restriction in the franchise
providing that no poles be placed on
Texas Street and Texas Avenue ex-
cept where necessary to cross said
streets, and that the City Attorney
he requested to investigate and add
any protecting clauses necessary to
the grant"
The minutes fail TO show any fur
ther report of the City Attorney as
requested, or the final adoption Of
The ordinance.
| would therefore advise, as far
as the minutes show, that there was
no franchise granted said Shreve-
port, Red River and Natchitoches
Telephone Company, Limited.
AS to the franchises granted TO
the Citizens Cooperative Tele-
phone Association would advise
THAT the minutes show that on or
|dinance granting this franchise was
l
introduced and adopted April Ii,
1895. {See minute book IT, page
I234). At that time the charter did
mot require such ordinances to be
passed to second reading and lay
over until the next regular meet
ling. The minutes of this meeting
were signed by the Comptroller, but
lnot by the Mayor, and the minutes,
containing a copy Of the ordinance,
were duly published.
| The original ordinance can not be
lfeund and was no doubt destroyed
when the City Hall was burned a
few years ago. |, therefore am un-
liable to say whether or not it was
isiened by the Mayor, as required by
/ the charter of 1878. The statement
in The Caucasian that ii was not
]signed by the Mayor, | presume, has
reference to the minutes rather
/ than the original draft of the ordin-
lance itself as passed by the Goun-
T. Il