The Dawson news. (Dawson, Ga.) 1889-current, 1911-03-15
FRANCHISE WASN'T REVOKED
CITY AND TELEPHONE COMPANY
WILL FIGHT 1T OUT IN COURT.
Council InstruCts City Attorney to
Take Legal Steps to Enforce the
Terms of the Franchise.


Terms of the Franchise.
The city council did not revoke
the franchise of the Dawson Tele
phone Company at the meeting o
that body Tuesday night, as a reso
luton adopted at previous meeting
indicated would be done.
This resolution cited the compan.
to show cause why its franchise
should not be annulled, or else re
store it's former rates of $3.50 ant
$3.50 per month for phones.
Attorney NJ c. Edwards ap
peared before the council as thu
representative of the telephone
company, and in answer to the city,
rule nisi set up the contention tina
the Dawson Telephone Co. had pur
chased a franchise from the GeOr
gia-Alabama Telephone Company anC
had never built a line under the
franchise which was granted them
by the city council; that the
city of Dawson has the power tC
grant franchises, but none to forfeit
them, as the charter does not author
iZe such power; that franchises are
property and cannot be taken except
by due process of law, and that If
the ordinance is a contract the city,
being the other contracting party,
must appeal to the court to set it
aside; and that if it is a contract
=. between the city and the company
there has been no failure as to the
terms with the city, as the city is
still receiving it's free phones. 1t
was further contended that the COM
pany had appeared before the rail
road commission and that the citi-
Zens had likewise appeared and that
the commission had permitted and
authorized a raise of the rates, and
that the citizens appearing and con-
testing are bound by its action
and cannot contest the matter fur
Their; that the city of Dawson cannot
contract for people who are of full
age and sound mind, who are sui
juris, and that such portion of the
ordinance is ultra wires. 1t was con-
tended finally by Attorney Edwards
that the railroad commission has
the same power over telephone sys-
TENS that it has over railroads, street
car lines and telegraph companies,
and that the agreement in the ordi-
nance must be approved by the COM
mission before it can have any eff
feet; the commission having allowed
the raise of rates the city has no
jurisdiction in the premises.
The Council Was Ready.
The attorney for the telephone
company had scarcely taken his seat
when the city clerk was instructed
to read the following resolution,
which was adopted by four votes,
the ayes being Councilmen Witch
ard, Martin, Hamilton and Baldwin,
Councilmen Jennings and Davidson
not voting:
BE it resolved by the Mayor and
City Council of Dawson, and it is
hereby resolved, that
Whereas, the Dawson Telephone
Company has violated it's franchise
rights and the contract made with
the Mayor and City Council of Daw-
son, Ga, which franchise was grant
ed at regular meeting of the City
Council of Dawson, Ga, held October
9Th, 1908, and which franchise was
accepted in writing by said Dawson
Telephone Company, in which the
rate of charges for telephone SER
vice was specified and distinctly set
forth in section of said franchise.
and the said Dawson Telephone
Company having advanced the
schedule of rates for telephone rent
al and service over and above that
contained in said franchise and con-
tract with the City of Dawson, and
the granting of said franchise being
made by the Mayor and City Coun-
ell OF Dawson, Ga, for and in con-
slderation Of the low rate of charges
which said Dawson Telephone Com
pany agreed to charge its citizens
Tor telephone service among other
considerations for the granting of
said franchise, be it resolved:
4. That the Mayor and City Coun-
Gil of Dawson be empowered to in
struct the city attorney of Dawson
TO take such legal steps in the mat
ter tending to the enforcement of
the terms of the franchise granted
by the City of Dawson to the Daw-
son Telephone Company as may be
legal, proper and right in the judg-
ment of said attorney, and that said
legal action shall be brought and
ha'Ftalned IN the name of the City
of Dawson and at the expense of said
city.
% That the Mayor of the City
or Dawson be empowered to employ
such additional counsel as in HE
Judgment may seem right to assist
the city attorney in said litigation,
and the City of Dawson shall pay the
expense thereof"
City Attorney Hoyl informs The
News that he will begin legal pro-
ceedings against the telephone com.
pany. Mayor Bell will employ asso.
ciate counsel of we'll known ability
and the prospects are that nothins
but a long and stubborn fight in
the courts will settle the question
of the right of the telephone com,
pany to raise its rates.