The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-19
TELEPHONE FIGHT
VIRTUALLY ENDED
Mountain States Company
Not Required TO Remove
independents Poles,
PARK MUDDLE NOW UP
Test of ConStitutionality of
Law Will Probably Be
Made.
PARK MUDDLE NOW UP

with the refusal or the city council
last night To compel the Mountain states
Telephone Telegraph company 10 re-
move the property Of the old independent
Telephone company from tho streets ol
the city, il is thought that the difficulties
arising from the merger of the telephone
companies are al end; at least, III SO
far as the city council is concerned. Of
course, the commission may again take
tho matter up, but this does not seem
likely at this time.
All matters pertaining 10 the tcle-
phone franchise situation were taken up
by the city council last night. The
question was opened with the adoption
OF a resolution declaring the franchise OF
the old Independent Telephone company
null and void and forfeited, and declaring
tho sale to the Rocky Mountain EEL
Telephone company null and void. This
resolution was adopted by vote of "
to l. A. G. Mackenzie. nsent for the
ronpanv. conceded to tho fact that the
adoption of this resolution would in no
way affect the new company nor would
II in any way impede the nnincatlon %
The two systems as the ROCKY m0untalih am
Sell company had not pretended to take
over the franchise OF the Independent
company.
Wants Poles Removed.
With the passage OF this resolution,
however Councilman j. w: Mchlnhey,
who has been the leader of the attack
upon the telephone company, urged INC
adoption OF resolution providing tnal
the Mountain States Telephone d leie-
graph company, as successor TO inc III
peiied TO remove It's wires. poles, and
conduits from the streets, avenues ana
alleys of the city Immediately; ana thaI az
in the event the company failed TO u2
this the street supervisor he authoflSeu
TO proceed with the work.
This resulted in heated discussion
Mr.. Mckinney declared that the counc,
should adopt this resolution IN view ol
the fac, that Il similar resolution was
passed once before giving the company
ten days in which to do this or 10 make
an agreement not TO Tnlss inc contcnded ra
that the company had failed TO answer
the communication, Ignoring II entrely
and he declared that the council should
take this action as result.
Daily Explains Law
Assistant City Attorney T. j. Daiy.
however. cast damper over Mchln
resolution when he told the members ot
the council that they were "iln2ut an,
thority in the matter, Mr. naS ,sl sDso
| the company To take the property out ol
| tho streets under the franchise OF the
| old Independent Telephone COMPANY Lnr ,,,,
! council has nothing whatever TO do WIN
| the Bell Telephone franchise IN thaI
| the rights TO this organization were
granted by the state wnich Is , SupeTIor i,,.,,
| as state laws must necessarily be SUI
| perior and above city laws, so the rights
granted TO the Bell Telephone conpahE
| by the state OF Utah In Salt Lake CITY
are out of the jurisdiction Of the city
council.
Attention also was called TO the fact
| that TO take such drastic action would
put many thousand subscribers out Of
service who could not be accommodated
| by Bell telephones, In that the switci-
| fun at the present time. Such action
| would only put these subscribers TO tl,s
disadvantage of being compelled 10 40
without telephones until the uniuca 'ion
| which time the old Independent plant VIII
be done away with at any rate
Vote Is Very Close.
Councilman r. s. Fernstrom moved 10
| table the resolution, but this was lost
| br a vote of to 6. and vote on the
! the same vote. which practically puts an
| end TO the controversy. Councllmen j.,
F. Hall John H2IeE Oliver In,e,c a9 a9dsSon e N
Reedal voted in favor OF adopting the
resolution. while F. S. Fernstrom. Wal
ter G. Lyme. J. E. Moret9n' N, r. My'vey' si
Mont Ferry voted asains, II.
| An effort was made TO secure the pas
| sage Of an ordinance regulating The rem
tai OF telephones. The ordinance was
drawn by Councilman Mckinney an
provides that the maximum Tor business
telephones be SIS a year and $50 a year
clned TO pass the. ordinance by a vote OF
| 10 10 3. Councilman j. w. Mckinney
voted with the prevailing side. giving no.
| lice of reconsideration.
| 'rbE council Simon BdmJrT-
ger Il franchise for the Salt Lake q
Ogden Railroad company TO construct
double track over certain streets iii the
northern portion Of the city. The fran
chise Is largely for additional tracks on
| Beck street ana other thoroushiares In
| the vicinity OF Bccls's Hot Springs. Sew
vicinity were presented. but these were
| laid on the table and the franchise
| granted.
| communication was received from
the city auditors office 10 the effect that
the board Of park commissioners had re-
fused TO pay back to the city the $50. 900
| forming this years tax levy for parking
purposes, as per agreement when the
! levy was made, AT The beginning OF the
year the council appropriated $4,000 to
the park fund. and with the passage OF
| the new Law the park board was given
a levy OF one-half mill. This levy
amounted to $4,000. and The council
! would pay the money back TO the COM
| tinSent fund in view OF the appropria-
lion made at the beginning OF the year,
Will Test Park Law.
There IS some question, however as TO
! the cousttutloDalIty and validity OF the
park law and the park commissioners
saw all opportunity 10 get the matter
into court for test By refusing To pay
! The money back. This means that The
| only way i'm which the city can get the
| money back is TO mandamus the board
OF park commissioners The communi-
| cation was referred 10 the park boa yd to
explain why the refusal ls made This.
il IA thought. VIII result in controversy
before the matter Is finally settled.
y resolution presented Dy Councilman
Roedall was adopted giving Robert Gold :
ing $40 for his services as sergeant al :
| arms for the past year.
Last nights session was the last reg
ular Monday night session which the ciiy
council Will hold, Next week IL win be
heid on Tuesday. Monday being Christ
mas day. The following MonHay. New